1.1 	A bill for an act
1.2 	relating to state government; appropriating money for
1.3 	agricultural, environmental, natural resources, and
1.4 	economic development purposes; establishing and
1.5 	modifying certain programs; providing for regulation
1.6 	of certain activities and practices; providing for
1.7 	accounts, assessments, and fees; amending Minnesota
1.8 	Statutes 2004, sections 3.303, by adding a
1.9 	subdivision; 16A.125, subdivision 5; 17.03,
1.10 	subdivision 13; 17.117, subdivision 11, by adding a
1.11 	subdivision; 17.452, by adding a subdivision; 17.982,
1.12 	subdivision 1; 17.983, subdivisions 1, 3; 17B.03,
1.13 	subdivision 1; 18B.05, subdivision 1; 18B.08,
1.14 	subdivision 4; 18B.26, subdivision 3; 18B.31,
1.15 	subdivision 5; 18B.315, subdivision 6; 18B.32,
1.16 	subdivision 6; 18B.33, subdivision 7; 18B.34,
1.17 	subdivision 5; 18C.141, subdivisions 1, 3, 5; 18C.425,
1.18 	subdivision 6; 18E.03, subdivision 2; 18G.03,
1.19 	subdivision 1; 18G.10, subdivisions 5, 7; 18G.16,
1.20 	subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 14; 18H.02,
1.21 	subdivisions 21, 22, 23, 32, 34, by adding a
1.22 	subdivision; 18H.05; 18H.06; 18H.07, subdivisions 1,
1.23 	2, 3; 18H.09; 18H.13, subdivision 1; 18H.15; 18H.18,
1.24 	subdivision 1; 19.64, subdivision 1; 25.341,
1.25 	subdivision 2; 25.39, subdivisions 1, 4; 31.94; 35.02,
1.26 	subdivision 1; 35.03; 35.05; 35.155; 38.01; 38.16;
1.27 	41A.09, subdivisions 2a, 3a, by adding subdivisions;
1.28 	41B.046, subdivision 5; 41B.049, subdivisions 2, 4;
1.29 	60A.14, subdivision 1; 60K.55, subdivision 2; 72A.20,
1.30 	by adding a subdivision; 72B.04, subdivision 10;
1.31 	82B.05, subdivisions 1, 5; 82B.09, subdivision 1;
1.32 	84.027, subdivisions 12, 15; 84.0274, by adding
1.33 	subdivisions; 84.0911, subdivision 2; 84.631; 84.775,
1.34 	subdivision 1; 84.780; 84.788, subdivision 3, by
1.35 	adding a subdivision; 84.789, by adding a subdivision;
1.36 	84.791, subdivisions 1, 2; 84.798, subdivision 1, by
1.37 	adding a subdivision; 84.82, subdivision 2, by adding
1.38 	a subdivision; 84.8205, subdivisions 1, 3, 4, 6;
1.39 	84.83, subdivisions 3, 4; 84.86, subdivision 1;
1.40 	84.922, subdivision 2, by adding a subdivision;
1.41 	84.925, subdivision 1, by adding a subdivision;
1.42 	84.9256, subdivision 1, as amended; 84.9257; 84.926;
1.43 	84.928, subdivisions 1, 2; 84D.03, subdivision 4;
1.44 	85.015, subdivision 5; 85.053, subdivisions 1, 2;
1.45 	85.054, subdivision 1, by adding a subdivision;
1.46 	85.055, subdivision 2, by adding a subdivision; 85.42;
2.1 	85.43; 86B.415, subdivisions 1, 2, 3, 4, 5, 6, by
2.2 	adding a subdivision; 88.17, subdivision 1, by adding
2.3 	subdivisions; 88.6435, subdivision 4; 89.039,
2.4 	subdivision 1; 89.19, subdivision 2; 89.36,
2.5 	subdivision 2; 89.37, subdivision 4; 90.195; 92.03,
2.6 	subdivision 4; 94.342, subdivisions 1, 3, 4, 5;
2.7 	94.343, subdivisions 1, 3, 7, 8, 10, by adding
2.8 	subdivisions; 94.344, subdivisions 1, 3, 5, 8, 10, by
2.9 	adding a subdivision; 97A.055, subdivision 4b;
2.10 	97A.061, subdivision 1; 97A.075, subdivision 3;
2.11 	97A.135, subdivision 2a; 97A.4742, subdivision 4;
2.12 	97A.475, subdivision 3; 97A.482; 97A.485, subdivisions
2.13 	6, 7; 97A.551, by adding a subdivision; 97B.005,
2.14 	subdivision 1, as amended; 97B.015, subdivision 7;
2.15 	97B.020; 97B.025, as amended; 97B.601, subdivision 3;
2.16 	97B.605; 97B.625, as amended; 97B.641; 97B.655,
2.17 	subdivision 1; 97C.085; 103B.101, subdivision 9;
2.18 	103E.081, by adding subdivisions; 103F.535,
2.19 	subdivision 1; 103G.271, subdivision 6; 103G.301,
2.20 	subdivision 2; 103G.615, subdivision 2; 103I.681,
2.21 	subdivision 11; 115.06, subdivision 4; 115.55,
2.22 	subdivision 5; 115.551; 115A.072, subdivision 1;
2.23 	115A.12; 115A.554; 115A.929; 115A.9565; 115B.48,
2.24 	subdivision 8; 115C.07, subdivision 3; 115C.09,
2.25 	subdivisions 3h, 3j; 115C.13; 115D.04, subdivision 3;
2.26 	116.07, subdivision 7a; 116C.779, subdivision 2;
2.27 	116J.551, subdivision 1; 116J.571; 116J.572; 116J.574;
2.28 	116J.575, as amended; 116J.63, subdivision 2;
2.29 	116J.8731, subdivision 5; 116J.8747, subdivision 2;
2.30 	116J.994, subdivisions 7, 9; 116L.03, subdivision 2;
2.31 	116L.05, by adding a subdivision; 116L.20,
2.32 	subdivisions 1, 2; 116L.666, subdivision 4; 116O.09,
2.33 	subdivision 1a; 116P.05, subdivision 2; 120A.40;
2.34 	129D.02, subdivision 3; 160.232; 161.1419, subdivision
2.35 	2, by adding a subdivision; 168.1296, subdivision 1;
2.36 	168.27, by adding a subdivision; 169.733; 169.824,
2.37 	subdivision 2; 169.85, subdivisions 1, 6; 169.87,
2.38 	subdivision 4; 169A.63, subdivision 6; 174.52,
2.39 	subdivision 5; 176.136, subdivision 1a; 183.41, by
2.40 	adding a subdivision; 183.411, subdivisions 2a, 3;
2.41 	183.42; 183.44, subdivision 1; 183.51, subdivision 2,
2.42 	by adding a subdivision; 183.545; 183.57; 216B.2424,
2.43 	subdivision 1a, as added; 216C.41, subdivisions 2, 5,
2.44 	5a; 223.17, subdivisions 3, 6; 231.16; 232.22,
2.45 	subdivision 3; 236.02, subdivision 4; 237.11; 237.295,
2.46 	subdivisions 1, 2; 237.701, subdivision 1; 239.011,
2.47 	subdivision 2; 239.05, subdivision 10b, by adding a
2.48 	subdivision; 239.09; 239.101, subdivision 3; 239.75,
2.49 	subdivisions 1, 5; 239.761; 239.77, by adding a
2.50 	subdivision; 239.79, subdivision 4; 239.791,
2.51 	subdivisions 1, 7, 8, 15; 239.792; 268.19, subdivision
2.52 	1; 282.04, subdivision 1; 282.08, as amended; 282.38,
2.53 	subdivision 1; 296A.01, subdivisions 2, 7, 8, 14, 19,
2.54 	20, 22, 23, 24, 25, 26, 28; 296A.18, subdivision 2;
2.55 	297H.13, subdivision 2; 298.22, by adding a
2.56 	subdivision; 298.28, subdivisions 9b, 10; 298.2961, by
2.57 	adding a subdivision; 325E.311, subdivision 6;
2.58 	326.975, subdivision 1; 327.23, subdivision 2; 345.47,
2.59 	subdivisions 3, 3a; 353.657, subdivision 1; 357.021,
2.60 	subdivisions 1a, 2; 373.40, subdivisions 1, 3; 394.25,
2.61 	subdivision 3c; 462.355, subdivision 4, as amended;
2.62 	462.357, subdivision 1e, by adding a subdivision;
2.63 	462A.05, subdivision 3a; 462A.33, subdivision 2;
2.64 	469.050, subdivision 5; 469.1082, subdivision 1;
2.65 	469.310, subdivision 11; 469.319, subdivision 1, by
2.66 	adding a subdivision; 469.320, subdivision 3; 469.330,
2.67 	subdivision 11; 469.340, subdivision 1; 471.999;
2.68 	473.197, subdivision 4; 517.08, subdivisions 1b, 1c;
2.69 	609.849, as added; Laws 1998, chapter 389, article 16,
2.70 	section 31, subdivision 4, as amended; Laws 1999,
2.71 	chapter 224, section 7, as amended; Laws 2003, chapter
3.1 	128, article 1, section 9, subdivision 6; Laws 2003,
3.2 	chapter 128, article 1, section 156; Laws 2003,
3.3 	chapter 128, article 1, section 167, subdivision 1;
3.4 	Laws 2003, chapter 128, article 1, section 172; Laws
3.5 	2005, chapter 97, article 13, section 1, subdivision
3.6 	3; Laws 2005, chapter 97, article 13, section 2,
3.7 	subdivision 1; proposing coding for new law in
3.8 	Minnesota Statutes, chapters 16C; 25; 35; 41B; 45;
3.9 	59B; 84; 86B; 92; 93; 97C; 103F; 116L; 116P; 156; 169;
3.10 	181; 237; 290; 325F; 354B; 473; repealing Minnesota
3.11 	Statutes 2004, sections 17.451; 17.452, subdivisions
3.12 	6, 6a, 7, 10, 11, 12, 13, 13a, 14, 15, 16; 17.983,
3.13 	subdivision 2; 18B.065, subdivision 5; 18H.02,
3.14 	subdivisions 15, 19; 19.64, subdivision 4a; 35.0661,
3.15 	subdivision 4; 41B.046, subdivision 3; 45.0295;
3.16 	84.901; 94.343, subdivision 6; 94.344, subdivision 6;
3.17 	94.348; 94.349; 115A.03, subdivisions 8a, 22a;
3.18 	115A.055, subdivision 1; 115D.03, subdivision 4;
3.19 	116J.573; 116J.58, subdivision 3; 116L.05, subdivision
3.20 	4; 178.12; 239.05, subdivisions 6a, 6b; 462C.15;
3.21 	473.156; 473.197, subdivisions 1, 2, 3, 5; 473.801,
3.22 	subdivision 6; Laws 1999, chapter 125, section 4, as
3.23 	amended.
3.24 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

3.25 	ARTICLE 1
3.26 	AGRICULTURE AND RURAL DEVELOPMENT

3.27 	Section 1. AGRICULTURE AND RURAL DEVELOPMENT
3.28 	APPROPRIATIONS.
 3.29 	The sums shown in the columns marked "APPROPRIATIONS" are
3.30 	appropriated from the general fund, or another named fund, to
3.31 	the agencies and for the purposes specified in this act, to be
3.32 	available for the fiscal years indicated for each purpose. The
3.33 	figures "2006" and "2007," where used in this act, mean that the
3.34 	appropriation or appropriations listed under them are available
3.35 	for the fiscal year ending June 30, 2006, or June 30, 2007,
3.36 	respectively.  The term "the first year" means the year ending
3.37 	June 30, 2006, and the term "the second year" means the year
3.38 	ending June 30, 2007.
3.39 	SUMMARY BY FUND
3.40 	2006          2007           TOTAL
3.41 	General            $   44,648,000 $   41,804,000 $   86,452,000
3.42 	Remediation               388,000        388,000        776,000
3.43 	TOTAL              $   45,036,000 $   42,192,000 $   87,228,000
3.44 	APPROPRIATIONS
3.45 	                                       Available for the Year
3.46 	                                           Ending June 30
3.47 	                                          2006         2007

3.48 	Sec. 2. DEPARTMENT OF AGRICULTURE
 4.1 		Subdivision 1.Total
4.2 	Appropriation                         40,177,000     37,331,000
4.3 	Summary by Fund
4.4 	General              39,789,000    36,943,000
4.5 	Remediation             388,000       388,000
4.6 	The amounts that may be spent from this
4.7 	appropriation for each program are
4.8 	specified in the following subdivisions.
4.9 		Subd. 2.Protection Services
4.10 	10,665,000     10,666,000
4.11 	Summary by Fund
4.12 	General              10,277,000    10,278,000
4.13 	Remediation             388,000       388,000
4.14 	$388,000 the first year and $388,000
4.15 	the second year are from the
4.16 	remediation fund for administrative
4.17 	funding for the voluntary cleanup
4.18 	program.
4.19 	The balance in the waste pesticide
4.20 	account in the agricultural fund is
4.21 	canceled to the pesticide regulatory
4.22 	account in the agricultural fund and
4.23 	the waste pesticide account is
4.24 	abolished.
4.25 	$150,000 the first year and $150,000
4.26 	the second year are from the
4.27 	agricultural fund and must be spent for
4.28 	increased monitoring of pesticides in
4.29 	groundwater and surface waters
4.30 	throughout the state.  This amount must
4.31 	be used primarily for sample collection
4.32 	and laboratory analytical costs and is
4.33 	in addition to other appropriations and
4.34 	funding for the water monitoring
4.35 	program.
4.36 		Subd. 3.Agricultural Marketing
4.37 	and Development                        4,085,000      3,865,000
4.38 	$71,000 the first year and $71,000 the
4.39 	second year are for transfer to the
4.40 	Minnesota grown matching account and
4.41 	may be used as grants for Minnesota
4.42 	grown promotion under Minnesota
4.43 	Statutes, section 17.109.  Grants may
4.44 	be made for one year.  Notwithstanding
4.45 	Minnesota Statutes, section 16A.28, the
4.46 	appropriations encumbered under
4.47 	contract on or before June 30, 2007,
4.48 	for Minnesota grown grants in this
4.49 	subdivision are available until June
4.50 	30, 2009.
4.51 	$80,000 the first year and $80,000 the
4.52 	second year are for grants to farmers
4.53 	for demonstration projects involving
4.54 	sustainable agriculture as authorized
4.55 	in Minnesota Statutes, section 17.116.
4.56 	Of the amount for grants, up to $20,000
5.1 	may be used for dissemination of
5.2 	information about the demonstration
5.3 	projects.  Notwithstanding Minnesota
5.4 	Statutes, section 16A.28, the
5.5 	appropriations encumbered under
5.6 	contract on or before June 30, 2007,
5.7 	for sustainable agriculture grants in
5.8 	this subdivision are available until
5.9 	June 30, 2009.
5.10 	$100,000 the first year and $100,000
5.11 	the second year are to provide training
5.12 	and technical assistance to county and
5.13 	town officials relating to livestock
5.14 	siting issues and local zoning and land
5.15 	use planning including a checklist
5.16 	template that would clarify the
5.17 	federal, state, and local government
5.18 	requirements for consideration of an
5.19 	animal agriculture modernization or
5.20 	expansion project.  In developing the
5.21 	training and technical assistance
5.22 	program, the commissioner may seek
5.23 	assistance from the local planning
5.24 	assistance center of the Department of
5.25 	Administration and shall seek guidance,
5.26 	advice, and support of livestock
5.27 	producer organizations, general
5.28 	agricultural organizations, local
5.29 	government associations, academic
5.30 	institutions, other government
5.31 	agencies, and others with expertise in
5.32 	land use and agriculture.
5.33 	$220,000 the first year is to contract
5.34 	with the University of Minnesota for
5.35 	further research and development of
5.36 	livestock odor and air quality
5.37 	management.  This is a onetime
5.38 	appropriation.
5.39 	The commissioner of agriculture, in
5.40 	consultation with the commissioner of
5.41 	transportation, shall conduct an
5.42 	economic impact study of a rail
5.43 	container load-out facility located in
5.44 	the west-central area of Minnesota.
5.45 	The study must include benefits of a
5.46 	facility to the region and to the state
5.47 	transportation system.  By January 15,
5.48 	2006, the commissioner shall report to
5.49 	the governor and the agriculture policy
5.50 	committees of the senate and house on
5.51 	the findings of the study.
5.52 		Subd. 4.Value-Added Agricultural Products
5.53 	18,745,000     15,268,000
5.54 	$18,145,000 the first year and
5.55 	$15,168,000 the second year are for
5.56 	ethanol producer payments under
5.57 	Minnesota Statutes, section 41A.09.
5.58 	Payments for eligible ethanol
5.59 	production in fiscal years 2006 and
5.60 	2007 shall be disbursed at the rate of
5.61 	$0.13 per gallon.  If the total amount
5.62 	for which all producers are eligible in
5.63 	a quarter exceeds the amount available
5.64 	for payments, the commissioner shall
5.65 	make payments on a pro rata basis.  If
6.1 	the appropriation exceeds the total
6.2 	amount for which all producers are
6.3 	eligible in a fiscal year for scheduled
6.4 	payments and for deficiencies in
6.5 	payments during previous fiscal years,
6.6 	the balance in the appropriation is
6.7 	available to the commissioner for
6.8 	value-added agricultural programs
6.9 	including the value-added agricultural
6.10 	product processing and marketing grant
6.11 	program under Minnesota Statutes,
6.12 	section 17.101, subdivision 5.  The
6.13 	appropriation remains available until
6.14 	spent.
6.15 	$500,000 in the first year is for
6.16 	grants to gasoline service station
6.17 	owners who, after the effective date of
6.18 	this section, install pumps in this
6.19 	state for dispensing E85 gasoline.  The
6.20 	commissioner may reimburse owners of
6.21 	gasoline service stations for up to 50
6.22 	percent of the total cost of installing
6.23 	an E85 pump, including the tank and any
6.24 	related components, up to a maximum of
6.25 	$15,000 per E85 pump.  The commissioner
6.26 	shall grant priority for E85 pumps
6.27 	installed in areas of the state where
6.28 	gasoline service stations with E85
6.29 	pumps are not reasonably available to
6.30 	the general public.  This appropriation
6.31 	is available until spent.
6.32 	$100,000 the first year and $100,000
6.33 	the second year are for ethanol
6.34 	combustion efficiency grants under
6.35 	Minnesota Statutes, section 41A.09,
6.36 	subdivision 9.
6.37 		Subd. 5.Administration and Financial Assistance
6.38 	6,682,000      7,532,000
6.39 	$1,005,000 the first year and
6.40 	$1,005,000 the second year are for
6.41 	continuation of the dairy development
6.42 	and profitability enhancement and dairy
6.43 	business planning grant programs
6.44 	established under Laws 1997, chapter
6.45 	216, section 7, subdivision 2, and Laws
6.46 	2001, First Special Session chapter 2,
6.47 	section 9, subdivision 2 and to
6.48 	administer a dairy investment tax
6.49 	credit program.  The commissioner may
6.50 	allocate the available sums among
6.51 	permissible activities, including
6.52 	efforts to improve the quality of milk
6.53 	produced in the state in the
6.54 	proportions that the commissioner deems
6.55 	most beneficial to Minnesota's dairy
6.56 	farmers.  The commissioner must submit
6.57 	a work plan detailing plans for
6.58 	expenditures under this program to the
6.59 	chairs of the house and senate
6.60 	committees dealing with agricultural
6.61 	policy and budget on or before the
6.62 	start of each fiscal year.  If
6.63 	significant changes are made to the
6.64 	plans in the course of the year, the
6.65 	commissioner must notify the chairs.
7.1 	$50,000 the first year and $50,000 the
7.2 	second year are for the Northern Crops
7.3 	Institute.  These appropriations may be
7.4 	spent to purchase equipment.
7.5 	$19,000 the first year and $19,000 the
7.6 	second year are for a grant to the
7.7 	Minnesota Livestock Breeders
7.8 	Association.
7.9 	$2,000 the first year and $2,000 the
7.10 	second year are for family farm
7.11 	security interest payment adjustments.
7.12 	If the appropriation for either year is
7.13 	insufficient, the appropriation for the
7.14 	other year is available for it.  No new
7.15 	loans may be approved in fiscal year
7.16 	2006 or 2007.
7.17 	Aid payments to county and district
7.18 	agricultural societies and associations
7.19 	under Minnesota Statutes, section
7.20 	38.02, subdivision 1, shall be
7.21 	disbursed not later than July 15.
7.22 	These payments are the amount of aid
7.23 	owed by the state for an annual fair
7.24 	held in the previous calendar year.
7.25 	$65,000 the first year and $65,000 the
7.26 	second year are for annual grants to
7.27 	the Northern Minnesota Forage-Turf Seed
7.28 	Advisory Committee for basic and
7.29 	applied research on the improved
7.30 	production of forage and turf seed
7.31 	related to new and improved varieties.
7.32 	The grant recipient may subcontract
7.33 	with a qualified third party for some
7.34 	or all of the basic and applied
7.35 	research.
7.36 	$150,000 is for a grant to Second
7.37 	Harvest Heartland on behalf of
7.38 	Minnesota's six Second Harvest food
7.39 	banks for the purchase of milk for
7.40 	distribution to Minnesota's food
7.41 	shelves and other charitable
7.42 	organizations that are eligible to
7.43 	receive food from the food banks.  Milk
7.44 	purchased under the grants must be
7.45 	acquired from Minnesota milk processors
7.46 	and based on low-cost bids.  The milk
7.47 	must be allocated to each Second
7.48 	Harvest food bank serving Minnesota
7.49 	according to the formula used in the
7.50 	distribution of United States
7.51 	Department of Agriculture commodities
7.52 	under The Emergency Food Assistance
7.53 	Program (TEFAP).  Second Harvest
7.54 	Heartland must submit quarterly reports
7.55 	to the commissioner on forms prescribed
7.56 	by the commissioner.  The reports must
7.57 	include, but are not limited to,
7.58 	information on the expenditure of
7.59 	funds, the amount of milk purchased,
7.60 	and the organizations to which the milk
7.61 	was distributed.  Second Harvest
7.62 	Heartland may enter into contracts or
7.63 	agreements with food banks for shared
7.64 	funding or reimbursement of the direct
7.65 	purchase of milk.  Each food bank
7.66 	receiving money from this appropriation
8.1 	may use up to two percent of the grant
8.2 	for administrative expenses.  This is a
8.3 	onetime appropriation.
8.4 	$100,000 the first year and $100,000
8.5 	the second year are for transfer to the
8.6 	Board of Trustees of the Minnesota
8.7 	State Colleges and Universities for
8.8 	mental health counseling support to
8.9 	farm families and business operators
8.10 	through farm business management
8.11 	programs at Central Lakes College and
8.12 	Ridgewater College.
8.13 	$17,000 the first year and $18,000 the
8.14 	second year are for grants to the
8.15 	Minnesota Horticultural Society.

8.16 	Sec. 3. BOARD OF ANIMAL
8.17 	HEALTH                                 3,259,000      3,261,000
 8.18 	$200,000 the first year and $200,000
8.19 	the second year are for a program to
8.20 	control paratuberculosis ("Johne's
8.21 	disease") in domestic bovine herds.
8.22 	$80,000 the first year and $80,000 the
8.23 	second year are for a program to
8.24 	investigate the avian pneumovirus
8.25 	disease and to identify the infected
8.26 	flocks.  This appropriation must be
8.27 	matched on a dollar-for-dollar or
8.28 	in-kind basis with nonstate sources and
8.29 	is in addition to money currently
8.30 	designated for turkey disease
8.31 	research.  Costs of blood sample
8.32 	collection, handling, and
8.33 	transportation, in addition to costs
8.34 	associated with early diagnosis tests
8.35 	and the expenses of vaccine research
8.36 	trials, may be credited to the match.
8.37 	$400,000 the first year and $400,000
8.38 	the second year are for the purposes of
8.39 	cervidae inspection as authorized in
8.40 	Minnesota Statutes, section 17.452.
8.41 	$300,000 the first year and $300,000
8.42 	the second year are for grants to the
8.43 	Veterinary Diagnostic Laboratory at the
8.44 	University of Minnesota to expand
8.45 	animal disease surveillance and to
8.46 	protect animal agriculture and public
8.47 	health.  This appropriation is
8.48 	available until June 30, 2007.  This is
8.49 	a onetime appropriation.

8.50 	Sec. 4. AGRICULTURAL UTILIZATION
8.51 	RESEARCH INSTITUTE                     1,600,000      1,600,000

8.52 	Sec. 5. FUND TRANSFER
 8.53 	By June 30, 2007, the commissioner of
8.54 	the Pollution Control Agency shall
8.55 	transfer $600,000 from the unreserved
8.56 	balance of the environmental fund to
8.57 	the commissioner of finance for
8.58 	cancellation to the general fund.

8.59 	Sec. 6. [16C.137] MINIMIZING ENERGY USE; RENEWABLE
9.1 	FUELS.
9.2 		Subdivision 1.Goals and actions. (a) Using 2005 as a
9.3 	baseline, the state of Minnesota shall reduce the use of
9.4 	gasoline by on-road vehicles owned by state departments by 25
9.5 	percent by 2010 and by 50 percent by 2015, and the use of
9.6 	petroleum-based diesel fuel in diesel-fueled vehicles by ten
9.7 	percent by 2010 and 25 percent by 2015.
9.8 	(b) To meet the goals established in paragraph (a), each
9.9 	state department must, whenever legally, technically, and
9.10 	economically feasible, subject to the specific needs of the
9.11 	department and responsible management of agency finances:
9.12 	(1) ensure that all new on-road vehicles purchased,
9.13 	excluding emergency and law enforcement vehicles:
9.14 	(i) use "cleaner fuels" as that term is defined in section
9.15 	16C.135, subdivision 1, clauses (1), (3), and (4); or 
9.16 	(ii) have fuel efficiency ratings that exceed 30 miles per
9.17 	gallon for city usage or 35 miles per gallon for highway usage,
9.18 	including but not limited to hybrid electric cars and
9.19 	hydrogen-powered vehicles;
9.20 	(2) increase its use of renewable transportation fuels,
9.21 	including ethanol, biodiesel, and hydrogen from agricultural
9.22 	products; and 
9.23 	(3) increase its use of Web-based Internet applications and
9.24 	other electronic information technologies to enhance the access
9.25 	to and delivery of government information and services to the
9.26 	public, and reduce the reliance on the department's fleet for
9.27 	the delivery of such information and services.
9.28 		Subd. 2.Smartfleet committee. (a) The commissioner of
9.29 	administration, or the commissioner's designee, shall chair a
9.30 	SmartFleet Committee consisting of representatives designated by
9.31 	the commissioners of the Pollution Control Agency, the
9.32 	Departments of Agriculture and Commerce, and other state
9.33 	departments that wish to participate.  To ensure effective and
9.34 	efficient state participation, the SmartFleet Committee must
9.35 	assist state departments in implementing the requirements of
9.36 	this section, including providing information, guidance, sample
10.1 	policies and procedures, and technical and planning assistance.
10.2 	(b) The SmartFleet Committee must evaluate the goals and
10.3 	directives established in this section by December 2006 and
10.4 	periodically thereafter.  The committee may make recommendations
10.5 	to the governor and appropriate committees of the legislature
10.6 	for new or adjusted goals and directives, in light of the
10.7 	progress the state has made implementing this section, and of
10.8 	the availability of new or improved technologies.
10.9 	(c) For the systematic and efficient monitoring of progress
10.10 	in implementing this section by the SmartFleet Committee, the
10.11 	Department of Administration shall implement a fleet reporting
10.12 	and information management system.  Each department will use
10.13 	this management system to demonstrate its progress in complying
10.14 	with this section.
10.15 		Subd. 3.Exclusion. Petroleum-based diesel fuel used in
10.16 	a vehicle which a department has retrofit to use ultra low
10.17 	sulfur diesel fuel and to add additional emissions control
10.18 	technologies is excluded when evaluating progress toward the
10.19 	reduction goals established in subdivision 1.  This exclusion
10.20 	applies only to vehicles purchased before the model year in
10.21 	which the federal Environmental Protection Agency's new clean
10.22 	diesel emission reduction rules take effect.
10.23 	
EFFECTIVE DATE. This section is effective the day
10.24 	following final enactment.

10.25 	Sec. 7. Minnesota Statutes 2004, section 17.03,
10.26 	subdivision 13, is amended to read:
10.27 		Subd. 13.Semiannual reports.  (a) By October 15 and
10.28 	April 15 of each year,The commissioner shall submit to the
10.29 	legislative committees having jurisdiction over appropriations
10.30 	from the agricultural fund in section 16A.531a report reports 
10.31 	on the amount of revenue raised in each fee account within the
10.32 	fund, the expenditures from each account, and the purposes for
10.33 	which the expenditures were made. The reports must be issued in
10.34 	February and November each year, to coincide with the forecasts
10.35 	of revenue and expenditures prepared under section 16A.103.
10.36 	(b) The report delivered on October 15 in February of each
11.1 	year must include the commissioner's recommendations, if any,
11.2 	for changes in statutes relating to the fee accounts of the
11.3 	agricultural fund.

11.4 	Sec. 8. Minnesota Statutes 2004, section 17.117, is
11.5 	amended by adding a subdivision to read:
11.6 		Subd. 5b.Application fee. The commissioner may impose a
11.7 	nonrefundable application fee of $50 for each loan issued under
11.8 	the program.  The fees must be credited to the agricultural best
11.9 	management practices administration account, which is hereby
11.10 	established in the agricultural fund.  Interest earned in the
11.11 	account accrues to the account.  Money in the account and
11.12 	interest earned in the accounts established in the agricultural
11.13 	fund under subdivision 5a are appropriated to the commissioner
11.14 	for administrative expenses of the program.

11.15 	Sec. 9. Minnesota Statutes 2004, section 17.117,
11.16 	subdivision 11, is amended to read:
11.17 		Subd. 11.Loans issued to borrower.  (a) Local lenders
11.18 	may issue loans only for projects that are approved and
11.19 	certified by the local government unit as meeting priority needs
11.20 	identified in a comprehensive water management plan or other
11.21 	local planning documents, are in compliance with accepted
11.22 	practices, standards, specifications, or criteria, and are
11.23 	eligible for financing under Environmental Protection Agency or
11.24 	other applicable guidelines.
11.25 	(b) The local lender may use any additional criteria
11.26 	considered necessary to determine the eligibility of borrowers
11.27 	for loans.
11.28 	(c) Local lenders shall set the terms and conditions of
11.29 	loans to borrowers, except that:
11.30 	(1) no loan to a borrower may exceed $50,000;
11.31 	(2) no loan for a project may exceed $50,000; and
11.32 	(3) no borrower shall, at any time, have multiple loans
11.33 	from this program with a total outstanding loan balance of more
11.34 	than $50,000.
11.35 	(d) The maximum term length for conservation tillage and
11.36 	individual sewage treatment system projects is five years.  The
12.1 	maximum term length for other projects in this paragraph is ten
12.2 	years.
12.3 	(e) Notwithstanding paragraph (c), a local lender may issue
12.4 	a loan of up to $100,000 for a community sewage treatment system
12.5 	serving two or more households.
12.6 	(f) Fees charged at the time of closing must:
12.7 	(1) be in compliance with normal and customary practices of
12.8 	the local lender;
12.9 	(2) be in accordance with published fee schedules issued by
12.10 	the local lender;
12.11 	(3) not be based on participation program; and
12.12 	(4) be consistent with fees charged other similar types of
12.13 	loans offered by the local lender.
12.14 	(f) (g) The interest rate assessed to an outstanding loan
12.15 	balance by the local lender must not exceed three percent per
12.16 	year.

12.17 	Sec. 10. Minnesota Statutes 2004, section 17.452, is
12.18 	amended by adding a subdivision to read:
12.19 		Subd. 5a.Other applicable definitions. The definitions
12.20 	in section 35.153 apply to this section.

12.21 	Sec. 11. Minnesota Statutes 2004, section 17.982,
12.22 	subdivision 1, is amended to read:
12.23 		Subdivision 1.Criminal penalties.  A person who violates
12.24 	a provision of chapter 28A,29, 31, 31A, 31B, or 34 for which a
12.25 	penalty has not been prescribed is guilty of a misdemeanor.

12.26 	Sec. 12. Minnesota Statutes 2004, section 17.983,
12.27 	subdivision 1, is amended to read:
12.28 		Subdivision 1.Administrative penalties; citation.  If a
12.29 	person has violated a provision of chapter 28A,29, 31, 31A,
12.30 	31B, 32, or 34, the commissioner may issue a written citation to
12.31 	the person by personal service or by certified mail.  The
12.32 	citation shall must describe the nature of the violation and the
12.33 	statute or rule alleged to have been violated; state the time
12.34 	for correction, if applicable; and the amount of any proposed
12.35 	fine.  The citation must advise the person to notify the
12.36 	commissioner in writing within 30 days if the person wishes to
13.1 	appeal the citation.  If the person fails to appeal the
13.2 	citation, the citation is the final order and not subject to
13.3 	further review.

13.4 	Sec. 13. Minnesota Statutes 2004, section 17.983,
13.5 	subdivision 3, is amended to read:
13.6 		Subd. 3.Contested case.  If a person appeals a citation
13.7 	or a penalty assessment within the time limits in
13.8 	subdivisions subdivision 1 and 2, the commissioner, within 40
13.9 	days after receiving the appeal,shall initiate a contested
13.10 	proceeding under chapter 14.  The report of the administrative
13.11 	law judge is the final decision of the commissioner of
13.12 	agriculture.

13.13 	Sec. 14. Minnesota Statutes 2004, section 17B.03,
13.14 	subdivision 1, is amended to read:
13.15 		Subdivision 1.Commissioner's powers.  The commissioner
13.16 	of agriculture shall exercise general supervision over the
13.17 	inspection, grading, weighing, sampling, and analysis of grain
13.18 	subject to the provisions of the United States Grain Standards
13.19 	Act of 1976 and the rules promulgated thereunder by the United
13.20 	States Department of Agriculture.  This activity may take place
13.21 	within or outside the state of Minnesota. Scale testing must be
13.22 	performed at export locations or, upon request from and with the
13.23 	consent of the delegated authority, at domestic locations.  Fees
13.24 	for the testing of scales and weighing equipment shall be fixed
13.25 	by the commissioner and must be uniform with those charged by
13.26 	the Division of Weights and Measures of the Department of
13.27 	Commerce.

13.28 	Sec. 15. Minnesota Statutes 2004, section 18B.05,
13.29 	subdivision 1, is amended to read:
13.30 		Subdivision 1.Establishment.  A pesticide regulatory
13.31 	account is established in the agricultural fund.  Fees,
13.32 	assessments,and penalties collected under this chapter must be
13.33 	deposited in the agricultural fund and credited to the pesticide
13.34 	regulatory account.  Money in the account, including interest,
13.35 	is appropriated to the commissioner for the administration and
13.36 	enforcement of this chapter.

14.1 	Sec. 16. Minnesota Statutes 2004, section 18B.08,
14.2 	subdivision 4, is amended to read:
14.3 		Subd. 4.Application fee.  A person initially applying
14.4 	for a chemigation permit must pay a nonrefundable application
14.5 	fee of $50 $250.  A person who holds a fertilizer chemigation
14.6 	permit under section 18C.205, is exempt from the fee in this
14.7 	subdivision.

14.8 	Sec. 17. Minnesota Statutes 2004, section 18B.26,
14.9 	subdivision 3, is amended to read:
14.10 		Subd. 3.Application fee.  (a) A registrant shall pay an
14.11 	annual application fee for each pesticide to be registered, and
14.12 	this fee is set at one-tenth of one percent for calendar year
14.13 	1990, at one-fifth of one percent for calendar year 1991, and at
14.14 	two-fifths of one 0.4 percent for calendar year 1992 and
14.15 	thereafter of annual gross sales within the state and annual
14.16 	gross sales of pesticides used in the state, with a minimum
14.17 	nonrefundable fee of $250.  The registrant shall determine when
14.18 	and which pesticides are sold or used in this state.  The
14.19 	registrant shall secure sufficient sales information of
14.20 	pesticides distributed into this state from distributors and
14.21 	dealers, regardless of distributor location, to make a
14.22 	determination.  Sales of pesticides in this state and sales of
14.23 	pesticides for use in this state by out-of-state distributors
14.24 	are not exempt and must be included in the registrant's annual
14.25 	report, as required under paragraph (c), and fees shall be paid
14.26 	by the registrant based upon those reported sales.  Sales of
14.27 	pesticides in the state for use outside of the state are exempt
14.28 	from the application fee in this paragraph if the registrant
14.29 	properly documents the sale location and distributors.  A
14.30 	registrant paying more than the minimum fee shall pay the
14.31 	balance due by March 1 based on the gross sales of the pesticide
14.32 	by the registrant for the preceding calendar year.  The fee for
14.33 	disinfectants and sanitizers shall be the minimum.  The minimum
14.34 	fee is due by December 31 preceding the year for which the
14.35 	application for registration is made.  The commissioner shall
14.36 	spend at least $300,000 per fiscal year from the pesticide
15.1 	regulatory account for the purposes of the waste pesticide
15.2 	collection program.
15.3 	(b) An additional fee of $100 must be paid by the applicant
15.4 	for each pesticide to be registered if the application is a
15.5 	renewal application that is submitted after December 31.
15.6 	(c) A registrant must annually report to the commissioner
15.7 	the amount and type of each registered pesticide sold, offered
15.8 	for sale, or otherwise distributed in the state.  The report
15.9 	shall be filed by March 1 for the previous year's registration.
15.10 	The commissioner shall specify the form of the report and
15.11 	require additional information deemed necessary to determine the
15.12 	amount and type of pesticides annually distributed in the
15.13 	state.  The information required shall include the brand name,
15.14 	amount, and formulation of each pesticide sold, offered for
15.15 	sale, or otherwise distributed in the state, but the information
15.16 	collected, if made public, shall be reported in a manner which
15.17 	does not identify a specific brand name in the report.
15.18 	(d) A registrant who is required to pay more than the
15.19 	minimum fee for any pesticide under paragraph (a) must pay a
15.20 	late fee penalty of $100 for each pesticide application fee paid
15.21 	after March 1 in the year for which the license is to be issued.

15.22 	Sec. 18. Minnesota Statutes 2004, section 18B.31,
15.23 	subdivision 5, is amended to read:
15.24 		Subd. 5.Application fee.  (a) An application for a
15.25 	pesticide dealer license must be accompanied by a nonrefundable
15.26 	application fee of $50 $150.
15.27 	(b) If an application for renewal of a pesticide dealer
15.28 	license is not filed before January 1 of the year for which the
15.29 	license is to be issued, an additional fee of $20 must be paid
15.30 	by the applicant before the license is issued.

15.31 	Sec. 19. Minnesota Statutes 2004, section 18B.315,
15.32 	subdivision 6, is amended to read:
15.33 		Subd. 6.Fees.  (a) An applicant for an aquatic pest
15.34 	control license for a business must pay a nonrefundable
15.35 	application fee of $100 $200.  An employee of a licensed
15.36 	business must pay a nonrefundable application fee of $50 for an
16.1 	individual aquatic pest control license.
16.2 	(b) An application received after expiration of the aquatic
16.3 	pest control license is subject to a penalty of 50 percent of
16.4 	the application fee.
16.5 	(c) An applicant that meets renewal requirements by
16.6 	reexamination instead of attending workshops must pay the
16.7 	equivalent workshop fee for the reexamination as determined by
16.8 	the commissioner.

16.9 	Sec. 20. Minnesota Statutes 2004, section 18B.32,
16.10 	subdivision 6, is amended to read:
16.11 		Subd. 6.Fees.  (a) An applicant for a structural pest
16.12 	control license for a business must pay a nonrefundable
16.13 	application fee of $100 $200.  An employee of a licensed
16.14 	business must pay a nonrefundable application fee of $50 for an
16.15 	individual structural pest control license.
16.16 	(b) An application received after expiration of the
16.17 	structural pest control license is subject to a penalty fee of
16.18 	50 percent of the application fee.
16.19 	(c) An applicant that meets renewal requirements by
16.20 	reexamination instead of attending workshops must pay the
16.21 	equivalent workshop fee for the reexamination as determined by
16.22 	the commissioner.

16.23 	Sec. 21. Minnesota Statutes 2004, section 18B.33,
16.24 	subdivision 7, is amended to read:
16.25 		Subd. 7.Application fees.  (a) A person initially
16.26 	applying for or renewing a commercial applicator license must
16.27 	pay a nonrefundable application fee of $50.
16.28 	(b) If A license renewal application is not filed
16.29 	before received after March 1 of in the year for which the
16.30 	license is to be issued, an additional is subject to a penalty
16.31 	fee of $10 must be paid before the commercial applicator 50
16.32 	percent of the application fee.  The penalty fee must be paid
16.33 	before the renewal license may be issued.
16.34 	(c) An application for a duplicate commercial applicator
16.35 	license must be accompanied by a nonrefundable application fee
16.36 	of $10.

17.1 	Sec. 22. Minnesota Statutes 2004, section 18B.34,
17.2 	subdivision 5, is amended to read:
17.3 		Subd. 5.Fees.  (a) A person initially applying for or
17.4 	renewing a noncommercial applicator license must pay a
17.5 	nonrefundable application fee of $50, except an applicant who is
17.6 	a government or Minnesota Conservation Corps employee who uses
17.7 	pesticides in the course of performing official duties must pay
17.8 	a nonrefundable application fee of $10.
17.9 	(b) If an A license renewal application for renewal of a
17.10 	noncommercial license is not filed before received after March 1
17.11 	in the year for which the license is to be issued, an additional 
17.12 	is subject to a penalty fee of $10 must be paid before the 50
17.13 	percent of the application fee.  The penalty fee must be paid
17.14 	before the renewal license may be issued.
17.15 	(c) An application for a duplicate noncommercial applicator
17.16 	license must be accompanied by a nonrefundable application fee
17.17 	of $10.

17.18 	Sec. 23. Minnesota Statutes 2004, section 18C.141,
17.19 	subdivision 1, is amended to read:
17.20 		Subdivision 1.Program establishment.  The commissioner
17.21 	shall establish a program voluntary programs to certify the
17.22 	accuracy of analyses from soil and manure testing laboratories
17.23 	and promote standardization of soil and manure testing
17.24 	procedures and analytical results.

17.25 	Sec. 24. Minnesota Statutes 2004, section 18C.141,
17.26 	subdivision 3, is amended to read:
17.27 		Subd. 3.Analyses reporting standards.  (a) The results
17.28 	obtained from soil, manure, or plant analysis must be reported
17.29 	in accordance with standard reporting units established by the
17.30 	commissioner by rule.  The standard reporting units must conform
17.31 	as far as practical to uniform standards that are adopted on a
17.32 	regional or national basis.
17.33 	(b) If a certified laboratory offers a recommendation for
17.34 	use in Minnesota, the University of Minnesota recommendation or
17.35 	that of another land grant college in a contiguous state must be
17.36 	offered in addition to other recommendations, and the source of
18.1 	the recommendation must be identified on the recommendation
18.2 	form.  If relative levels such as low, medium, or high are
18.3 	presented to classify the analytical results, the corresponding
18.4 	relative levels based on the analysis as designated by the
18.5 	University of Minnesota or the land grant college in a
18.6 	contiguous state must also be presented.

18.7 	Sec. 25. Minnesota Statutes 2004, section 18C.141,
18.8 	subdivision 5, is amended to read:
18.9 		Subd. 5.certification fees.  (a) The commissioner may
18.10 	charge the actual costs for check sample preparation and
18.11 	shipping.
18.12 	(b) A laboratory applying for certification shall pay an
18.13 	application fee of $100 and a certification fee of $100 before
18.14 	the certification is issued may be charged a nonrefundable
18.15 	certification fee to cover the actual costs for administration
18.16 	of the program.
18.17 	(b) (c) Certification is valid for one year and the renewal
18.18 	fee is $100.  The commissioner shall charge an additional
18.19 	application fee of $100 if a certified laboratory allows
18.20 	certification to lapse before applying for renewed certification 
18.21 	renewable on an annual basis.
18.22 	(c) The commissioner shall notify a certified lab that its
18.23 	certification lapses within 30 to 60 days of the date when the
18.24 	certification lapses.
18.25 	(d) The commissioner may accept donations to support the
18.26 	development and operation of soil and manure programs.
18.27 	(e) Revenues under this section are deposited in the
18.28 	fertilizer account of the agricultural fund.

18.29 	Sec. 26. Minnesota Statutes 2004, section 18C.425,
18.30 	subdivision 6, is amended to read:
18.31 		Subd. 6.Inspection fees.  The person responsible for
18.32 	payment of the inspection fees for fertilizers, soil amendments,
18.33 	or plant amendments sold and used in this state must pay an
18.34 	inspection fee of 15 30 cents per ton of fertilizer, soil
18.35 	amendment, and plant amendment sold or distributed in this
18.36 	state, with a minimum of $10 on all tonnage reports.  Products
19.1 	sold or distributed to manufacturers or exchanged between them
19.2 	are exempt from the inspection fee imposed by this subdivision
19.3 	if the products are used exclusively for manufacturing purposes.

19.4 	Sec. 27. Minnesota Statutes 2004, section 18E.03,
19.5 	subdivision 2, is amended to read:
19.6 		Subd. 2.Expenditures.  (a) Money in the agricultural
19.7 	chemical response and reimbursement account may only be used:
19.8 	(1) to pay for the commissioner's responses to incidents
19.9 	under chapters 18B, 18C, and 18D that are not eligible for
19.10 	payment under section 115B.20, subdivision 2;
19.11 	(2) to pay for emergency responses that are otherwise
19.12 	unable to be funded;
19.13 	(3) to reimburse and pay corrective action costs under
19.14 	section 18E.04; and
19.15 	(4) by the board to reimburse the commissioner for board
19.16 	staff and other administrative costs up to $175,000 $225,000 per
19.17 	fiscal year.
19.18 	(b) Money in the agricultural chemical response and
19.19 	reimbursement account is appropriated to the commissioner to
19.20 	make payments as provided in this subdivision.

19.21 	Sec. 28. Minnesota Statutes 2004, section 18G.03,
19.22 	subdivision 1, is amended to read:
19.23 		Subdivision 1.Entry and inspection.  (a) The
19.24 	commissioner may enter and inspect a public or private place
19.25 	that might harbor plant pests and may require that the owner
19.26 	destroy or treat plant pests, plants, or other material.
19.27 	(b) If the owner fails to properly comply with a directive
19.28 	of the commissioner, the commissioner may have any necessary
19.29 	work done at the owner's expense.  The commissioner shall notify
19.30 	the owner of the deadline for paying those expenses.  If the
19.31 	owner does not reimburse the commissioner for an expense within
19.32 	a time specified by the commissioner, the expense is a charge
19.33 	upon the county as provided in subdivision 4.
19.34 	(c) If a dangerous harmful plant pest infestation or
19.35 	infection threatens plants of an area in the state, the
19.36 	commissioner may take any measures necessary to eliminate or
20.1 	alleviate the danger potential significant damage or harm.
20.2 	(d) The commissioner may collect fees required by this
20.3 	chapter.
20.4 	(e) The commissioner may issue and enforce a written or
20.5 	printed "stop-sale" order orders, compliance agreements, and
20.6 	other directives and requests to the owner or custodian of any
20.7 	plants or articles infested or infected with dangerously
20.8 	injurious a harmful plant pests pest.

20.9 	Sec. 29. Minnesota Statutes 2004, section 18G.10,
20.10 	subdivision 5, is amended to read:
20.11 		Subd. 5.Certificate fees.  (a) The commissioner shall
20.12 	assess the fees in paragraphs (b) to (f) for the inspection,
20.13 	service, and work performed in carrying out the issuance of a
20.14 	phytosanitary certificate or export certificate.  The inspection
20.15 	fee must be based on mileage and inspection time.
20.16 	(b) Mileage charge:  current United States Internal Revenue
20.17 	Service mileage rate.
20.18 	(c) Inspection time:  $50 per hour minimum or fee necessary
20.19 	to cover department costs.  Inspection time includes the driving
20.20 	time to and from the location in addition to the time spent
20.21 	conducting the inspection.
20.22 	(d) A fee must be charged for any certificate issued that
20.23 	requires laboratory analysis before issuance.  The fee must be
20.24 	deposited into the laboratory account as authorized in section
20.25 	17.85.If laboratory analysis or other technical analysis is
20.26 	required to issue a certificate, the commissioner must set and
20.27 	collect the fee to recover this additional cost.
20.28 	(e) Certificate fee for product value greater than $250:
20.29 	$75 for each phytosanitary or export certificate issued for any
20.30 	single shipment valued at more than $250 in addition to any
20.31 	mileage or inspection time charges that are assessed.
20.32 	(f) Certificate fee for product value less than $250:  $25
20.33 	for each phytosanitary or export certificate issued for any
20.34 	single shipment valued at less than $250 in addition to any
20.35 	mileage or inspection time charges that are assessed.
20.36 	(g) For services provided for in subdivision 7 that are
21.1 	goods and services provided for the direct and primary use of a
21.2 	private individual, business, or other entity, the commissioner
21.3 	must set and collect the fees to cover the cost of the services
21.4 	provided.

21.5 	Sec. 30. Minnesota Statutes 2004, section 18G.10,
21.6 	subdivision 7, is amended to read:
21.7 		Subd. 7.plant protection inspections,supplemental,
21.8 	additional, or other certificates,and permits, and fees.  (a)
21.9 	The commissioner may provide inspection, sampling, or
21.10 	certification services to ensure that Minnesota plant products
21.11 	or commodities meet import requirements of other states or
21.12 	countries.
21.13 	(b) The state plant regulatory official may issue permits
21.14 	and certificates verifying that various Minnesota agricultural
21.15 	products or commodities meet specified phytosanitary plant
21.16 	health requirements, treatment requirements, or pest absence
21.17 	assurances based on determinations by the commissioner. The
21.18 	commissioner may collect fees sufficient to recover costs for
21.19 	these permits or certificates.  The fees must be deposited in
21.20 	the nursery and phytosanitary account.

21.21 	Sec. 31. Minnesota Statutes 2004, section 18G.16,
21.22 	subdivision 1, is amended to read:
21.23 		Subdivision 1.Definitions.  (a) The definitions in this
21.24 	subdivision apply to this section.
21.25 	(b) "Metropolitan area" means the counties of Anoka,
21.26 	Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
21.27 	(c) "Municipality" means a home rule charter or statutory
21.28 	city or a town located in the metropolitan area that exercises
21.29 	municipal powers under section 368.01 or any general or special
21.30 	law; a special park district organized under chapter 398; a
21.31 	special-purpose park and recreation board organized under the
21.32 	city charter of a city of the first class located in the
21.33 	metropolitan area; a county in the metropolitan area for the
21.34 	purposes of county-owned property or any portion of a county
21.35 	located outside the geographic boundaries of a city or a town
21.36 	exercising municipal powers; and a municipality or county
22.1 	located outside the metropolitan area with an approved disease
22.2 	control program.
22.3 	(d) "Shade tree disease pest " means Dutch elm disease, oak
22.4 	wilt, or any disorder pests or pathogens affecting the growth
22.5 	and life of shade trees.
22.6 	(e) "Wood utilization or disposal system" means facilities,
22.7 	equipment, or systems used for the removal and disposal of
22.8 	diseased or pest-infested shade trees, including collection,
22.9 	transportation, processing, or storage of wood and assisting in
22.10 	the recovery of materials or energy from wood.
22.11 	(f) "Approved disease pest control program" means a
22.12 	municipal plan approved by the commissioner to control or
22.13 	eradicate a shade tree disease pest.
22.14 	(g) " Disease Pest control area" means an area approved by
22.15 	the commissioner within which a municipality will conduct an
22.16 	approved disease pest control program.
22.17 	(h) "Sanitation" means the identification, inspection,
22.18 	disruption of a common root system, girdling, trimming, removal,
22.19 	and disposal of dead, pest-infested or diseased wood of shade
22.20 	trees, including subsidies for trees removed pursuant to
22.21 	subdivision 4, on public or private property within a disease
22.22 	control area.
22.23 	(i) "Reforestation" means the replacement of shade trees
22.24 	removed from public property and the planting of a tree as part
22.25 	of a municipal disease control program.  For purposes of this
22.26 	paragraph, "public property" includes private property within
22.27 	five feet of the boulevard or street terrace in a city that
22.28 	enacted an ordinance on or before January 1, 1977, that
22.29 	prohibits or requires a permit for the planting of trees in the
22.30 	public right-of-way.
22.31 	(j) "Shade tree" means a woody perennial grown primarily
22.32 	for aesthetic or environmental purposes.

22.33 	Sec. 32. Minnesota Statutes 2004, section 18G.16,
22.34 	subdivision 2, is amended to read:
22.35 		Subd. 2.Commissioner to adopt rules.  The commissioner
22.36 	may adopt rules relating to shade tree pest and disease control
23.1 	in any municipality.  The rules must prescribe control measures
23.2 	to be used to prevent the spread of shade tree pests and
23.3 	diseases and must include the following:
23.4 	(1) a definition of shade tree;
23.5 	(2) qualifications for tree inspectors;
23.6 	(3) methods of identifying diseased or infested 
23.7 	pest-infested shade trees;
23.8 	(4) procedures for giving reasonable notice of inspection
23.9 	of private real property;
23.10 	(5) measures for the removal of any shade tree which may
23.11 	contribute to the spread of shade tree pests or disease and for
23.12 	reforestation of pest or disease control areas;
23.13 	(6) approved methods of treatment of shade trees;
23.14 	(7) criteria for priority designation areas in an approved
23.15 	pest or disease control program; and
23.16 	(8) any other matters determined necessary by the
23.17 	commissioner to prevent the spread of shade tree pests or
23.18 	disease and enforce this section.

23.19 	Sec. 33. Minnesota Statutes 2004, section 18G.16,
23.20 	subdivision 3, is amended to read:
23.21 		Subd. 3.Diagnostic laboratory.  The commissioner shall
23.22 	operate a diagnostic laboratory for culturing diseased or
23.23 	infested pest-infested trees for positive identification of
23.24 	diseased or infested pest-infested shade trees.

23.25 	Sec. 34. Minnesota Statutes 2004, section 18G.16,
23.26 	subdivision 4, is amended to read:
23.27 		Subd. 4.Cooperation by university.  The University of
23.28 	Minnesota College of Natural Resources shall cooperate with the
23.29 	department in control of shade tree disease, pests, and
23.30 	disorders and management of shade tree populations.  The College
23.31 	of Natural Resources shall cooperate with the department to
23.32 	conduct tree inspector certification and recertification
23.33 	workshops for certified tree inspectors.  The College of Natural
23.34 	Resources shall also conduct research into means for identifying
23.35 	diseased or pest-infested shade trees, develop and evaluate
23.36 	control measures, and develop means for disposing of and using
24.1 	diseased or pest-infested shade trees.

24.2 	Sec. 35. Minnesota Statutes 2004, section 18G.16,
24.3 	subdivision 5, is amended to read:
24.4 		Subd. 5.Experimental programs.  The commissioner may
24.5 	establish experimental programs for sanitation or treatment of
24.6 	shade tree diseases and for research into tree varieties most
24.7 	suitable for municipal reforestation.  The research must include
24.8 	considerations of disease resistance, energy conservation, and
24.9 	other factors considered appropriate.  The commissioner may make
24.10 	grants to municipalities or enter into contracts with
24.11 	municipalities, nurseries, colleges, universities, or state or
24.12 	federal agencies in connection with experimental shade tree
24.13 	programs including research to assist municipalities in
24.14 	establishing priority designation areas for shade tree disease 
24.15 	pest control and energy conservation.

24.16 	Sec. 36. Minnesota Statutes 2004, section 18G.16,
24.17 	subdivision 6, is amended to read:
24.18 		Subd. 6.Removal of diseased or infested pest-infested 
24.19 	trees.  After reasonable notice of inspection, an owner of real
24.20 	property containing a shade tree that is diseased, infested, or
24.21 	may contribute to the spread of pests or disease, must remove or
24.22 	treat the tree within the period of time and in the manner
24.23 	established by the commissioner.  Trees that are not removed in
24.24 	compliance with the commissioner's rules must be declared a
24.25 	public nuisance and removed or treated by approved methods by
24.26 	the municipality, which may assess all or part of the expense,
24.27 	limited to the lowest contract rates available that include wage
24.28 	levels which meet Minnesota minimum wage standards, to the
24.29 	property and the expense becomes a lien on the property.  A
24.30 	municipality may assess not more than 50 percent of the expense
24.31 	of treating with an approved method or removing diseased or
24.32 	pest-infested shade trees located on street terraces or
24.33 	boulevards to the abutting properties and the assessment becomes
24.34 	a lien on the property.

24.35 	Sec. 37. Minnesota Statutes 2004, section 18G.16,
24.36 	subdivision 7, is amended to read:
25.1 		Subd. 7.Rules; applicability to municipalities.  The
25.2 	rules of the commissioner apply in a municipality unless the
25.3 	municipality adopts an ordinance determined by the commissioner
25.4 	to be more stringent than the rules of the commissioner.  The
25.5 	rules of the commissioner or the municipality apply to all state
25.6 	agencies, special purpose districts, and metropolitan
25.7 	commissions as defined in section 473.121, subdivision 5a, that
25.8 	own or control land adjacent to or within a shade tree disease 
25.9 	pest control area.

25.10 	Sec. 38. Minnesota Statutes 2004, section 18G.16,
25.11 	subdivision 8, is amended to read:
25.12 		Subd. 8.Grants to municipalities.  (a) The commissioner
25.13 	may, in the name of the state and within the limit of
25.14 	appropriations provided, make a grant to a municipality with an
25.15 	approved disease pest control program for the partial funding of
25.16 	municipal sanitation and reforestation programs to replace trees
25.17 	lost to pest,disease,or natural disaster.  The commissioner
25.18 	may make a grant to a home rule charter or statutory city, a
25.19 	special purpose park and recreation board organized under a
25.20 	charter of a city of the first class, a nonprofit corporation
25.21 	serving a city of the first class, or a county having an
25.22 	approved disease control program for the acquisition or
25.23 	implementation of a wood use or disposal system.
25.24 	(b) The commissioner shall adopt rules for the
25.25 	administration of grants under this subdivision.  The rules must
25.26 	contain:
25.27 	(1) procedures for grant applications;
25.28 	(2) conditions and procedures for the administration of
25.29 	grants;
25.30 	(3) criteria of eligibility for grants including, but not
25.31 	limited to, those specified in this subdivision; and
25.32 	(4) other matters the commissioner may find necessary to
25.33 	the proper administration of the grant program.
25.34 	(c) Grants for wood utilization and disposal systems made
25.35 	by the commissioner under this subdivision must not exceed 50
25.36 	percent of the total cost of the system.  Grants for sanitation
26.1 	and reforestation must be combined into one grant program.
26.2 	Grants to a municipality for sanitation must not exceed 50
26.3 	percent of sanitation costs approved by the commissioner
26.4 	including any amount of sanitation costs paid by special
26.5 	assessments, ad valorem taxes, federal grants, or other funds.
26.6 	A municipality must not specially assess a property owner an
26.7 	amount greater than the amount of the tree's sanitation cost
26.8 	minus the amount of the tree's sanitation cost reimbursed by the
26.9 	commissioner.  Grants to municipalities for reforestation must
26.10 	not exceed 50 percent of the wholesale cost of the trees planted
26.11 	under the reforestation program; provided that a reforestation
26.12 	grant to a county may include 90 percent of the cost of the
26.13 	first 50 trees planted on public property in a town not included
26.14 	in the definition of municipality in subdivision 1 and with less
26.15 	than 1,000 population when the town applies to the county.
26.16 	Reforestation grants to towns and home rule charter or statutory
26.17 	cities of less than 4,000 population with an approved disease 
26.18 	pest control program may include 90 percent of the cost of the
26.19 	first 50 trees planted on public property.  The governing body
26.20 	of a municipality that receives a reforestation grant under this
26.21 	section must appoint up to seven residents of the municipality
26.22 	or designate an existing municipal board or committee to serve
26.23 	as a reforestation advisory committee to advise the governing
26.24 	body of the municipality in the administration of the
26.25 	reforestation program.  For the purpose of this subdivision,
26.26 	"cost" does not include the value of a gift or dedication of
26.27 	trees required by a municipal ordinance but does include
26.28 	documented "in-kind" services or voluntary work for
26.29 	municipalities with a population of less than 1,000 according to
26.30 	the most recent federal census.
26.31 	(d) Based upon estimates submitted by the municipality to
26.32 	the commissioner, which state the estimated costs of sanitation
26.33 	and reforestation in the succeeding quarter under an approved
26.34 	program, the commissioner shall direct quarterly advance
26.35 	payments to be made by the state to the municipality commencing
26.36 	April 1.  The commissioner shall direct adjustment of any
27.1 	overestimate in a succeeding quarter.  A municipality may elect
27.2 	to receive the proceeds of its sanitation and reforestation
27.3 	grants on a periodic cost reimbursement basis.
27.4 	(e) A home rule charter or statutory city, county outside
27.5 	the metropolitan area, or any municipality, as defined in
27.6 	subdivision 1, may submit an application for a grant authorized
27.7 	by this subdivision concurrently with its request for approval
27.8 	of a disease pest control program.
27.9 	(f) The commissioner shall not make grants for sanitation
27.10 	and reforestation or wood utilization and disposal systems in
27.11 	excess of 67 percent of the amounts appropriated for those
27.12 	purposes to the municipalities located within the metropolitan
27.13 	area, as defined in subdivision 1.

27.14 	Sec. 39. Minnesota Statutes 2004, section 18G.16,
27.15 	subdivision 9, is amended to read:
27.16 		Subd. 9.Subsidies to certain owners.  A municipality may
27.17 	provide subsidies to nonprofit organizations, to owners of
27.18 	private residential property of five acres or less, to owners of
27.19 	property used for a homestead of more than five acres but less
27.20 	than 20 acres, and to nonprofit cemeteries for the approved
27.21 	treatment or removal of diseased or pest-infested shade trees.
27.22 	Notwithstanding any law to the contrary, an owner of
27.23 	property on which shade trees are located may contract with a
27.24 	municipality to provide protection against the cost of approved
27.25 	treatment or removal of diseased or pest-infested shade trees or
27.26 	shade trees that will contribute to the spread of shade tree
27.27 	diseases or pest infestations.  Under the contract, the
27.28 	municipality must pay for the removal or approved treatment
27.29 	under terms and conditions determined by its governing body.

27.30 	Sec. 40. Minnesota Statutes 2004, section 18G.16,
27.31 	subdivision 14, is amended to read:
27.32 		Subd. 14.Municipal option to participate in program.
 27.33 	The term "municipality" shall include only those municipalities
27.34 	which have informed the commissioner of their intent to continue
27.35 	an approved disease pest control program.  Any municipality
27.36 	desiring to participate in the grants-in-aid for the partial
28.1 	funding of municipal sanitation and reforestation programs must
28.2 	notify the commissioner in writing before the beginning of the
28.3 	calendar year in which it wants to participate and must have an
28.4 	approved disease pest control program during any year in which
28.5 	it receives grants-in-aid.  Notwithstanding the provisions of
28.6 	any law to the contrary, no municipality shall be required to
28.7 	have an approved disease control program after December 31, 1981.

28.8 	Sec. 41. Minnesota Statutes 2004, section 18H.02, is
28.9 	amended by adding a subdivision to read:
28.10 		Subd. 12a.Individual. "Individual" means a human being.

28.11 	Sec. 42. Minnesota Statutes 2004, section 18H.02,
28.12 	subdivision 21, is amended to read:
28.13 		Subd. 21.Nursery stock broker.  "Nursery stock broker"
28.14 	means a nursery stock dealer engaged in the business of selling
28.15 	or reselling certified nursery stock as a business transaction
28.16 	without taking ownership or handling the nursery stock.

28.17 	Sec. 43. Minnesota Statutes 2004, section 18H.02,
28.18 	subdivision 22, is amended to read:
28.19 		Subd. 22.Nursery stock dealer.  "Nursery stock dealer"
28.20 	means a person involved in the acquisition and further
28.21 	distribution of certified nursery stock; the utilization of
28.22 	certified nursery stock for landscaping or purchase of certified 
28.23 	nursery stock for other persons; or the distribution
28.24 	of certified nursery stock with a mechanical digger, commonly
28.25 	known as a tree spade, or by any other means.  A person who
28.26 	purchases more than half of the certified nursery stock offered
28.27 	for sale at a sales location during the current certificate year
28.28 	is considered a nursery stock dealer rather than a nursery stock
28.29 	grower for the purposes of determining a proper fee schedule.
28.30 	Nursery stock brokers, landscapers, and tree spade operators are
28.31 	considered nursery stock dealers for purposes of determining
28.32 	proper certification.

28.33 	Sec. 44. Minnesota Statutes 2004, section 18H.02,
28.34 	subdivision 23, is amended to read:
28.35 		Subd. 23.Nursery stock grower.  "Nursery stock grower"
28.36 	includes, but is not limited to, a person who raises, grows, or
29.1 	propagates nursery stock, outdoors or indoors.  A person who
29.2 	grows more than half of the certified nursery stock offered for
29.3 	sale at a sales location during the current certificate year is
29.4 	considered a nursery stock grower for the purpose of determining
29.5 	a proper fee schedule.

29.6 	Sec. 45. Minnesota Statutes 2004, section 18H.02,
29.7 	subdivision 32, is amended to read:
29.8 		Subd. 32.Sales location.  "Sales location" means a fixed
29.9 	location from which certified nursery stock is displayed or
29.10 	distributed.

29.11 	Sec. 46. Minnesota Statutes 2004, section 18H.02,
29.12 	subdivision 34, is amended to read:
29.13 		Subd. 34.Tree spade operator.  "Tree spade operator"
29.14 	means a nursery stock dealer person who uses a tree spade to dig
29.15 	nursery stock and sells , sell, offers offer for sale,
29.16 	distributes distribute, and transports or transport certified
29.17 	nursery stock.

29.18 	Sec. 47. Minnesota Statutes 2004, section 18H.05, is
29.19 	amended to read:
29.20 	18H.05 NURSERY CERTIFICATE REQUIREMENTS.
29.21 	(a) No person may offer for sale or distribute certified 
29.22 	nursery stock as a nursery stock grower or dealer without first
29.23 	obtaining the appropriate nursery stock certificate from the
29.24 	commissioner. The commissioner may not issue a certificate to a
29.25 	person who does not sell certified nursery stock.Certificates
29.26 	are issued solely for these purposes and may not be used for
29.27 	other purposes.
29.28 	(b) A certificate issued by the commissioner expires on
29.29 	December 31 of the year it is issued.
29.30 	(c) A person required to be certified by this section must
29.31 	apply for a certificate or for renewal on a form furnished by
29.32 	the commissioner which must contain:
29.33 	(1) the name and address of the applicant, the number of
29.34 	locations to be operated by the applicant and their addresses,
29.35 	and the assumed business name of the applicant;
29.36 	(2) if other than an individual, a statement whether a
30.1 	person is a partnership, corporation, or other organization; and 
30.2 	(3) the type of business to be operated and, if the
30.3 	applicant is an agent, the principals the applicant represents;
30.4 	and 
30.5 	(4) source or sources of purchased nursery stock.
30.6 	(d) No person may:
30.7 	(1) falsely claim to be a certified dealer, grower, broker,
30.8 	or agent; or 
30.9 	(2) make willful false statements when applying for a
30.10 	certificate; or 
30.11 	(3) sell or distribute certified nursery stock to an
30.12 	uncertified nursery stock dealer who is required to be certified
30.13 	or nursery stock grower.
30.14 	(e) Each application for a certificate must be accompanied
30.15 	by the appropriate certificate fee under section 18H.07.
30.16 	(f) Certificates issued by the commissioner must be
30.17 	prominently displayed to the public in the place of business
30.18 	where certified nursery stock is sold or distributed.
30.19 	(g) The commissioner may refuse to issue a certificate for
30.20 	cause.
30.21 	(h) Each grower or dealer is entitled to one sales location
30.22 	under the certificate of the grower or dealer.  Each additional
30.23 	sales location maintained by the person requires the payment of
30.24 	the full certificate fee for each additional sales outlet.
30.25 	(i) A grower who is also a dealer is certified only as a
30.26 	grower for that specific site.
30.27 	(j) A certificate is personal to the applicant and may not
30.28 	be transferred.  A new certificate is necessary if the business
30.29 	entity is changed or if the membership of a partnership is
30.30 	changed, whether or not the business name is changed.
30.31 	(k) The certificate issued to a dealer or grower applies to
30.32 	the particular premises named in the certificate.  However, if
30.33 	prior approval is obtained from the commissioner, the place of
30.34 	business may be moved to the other premises or location without
30.35 	an additional certificate fee.
30.36 	(l) A collector of nursery stock from the wild is required
31.1 	to obtain a dealer's certificate from the commissioner and is
31.2 	subject to all the requirements that apply to the inspection of
31.3 	nursery stock.  All collected nursery stock must be labeled as
31.4 	"collected from the wild."

31.5 	Sec. 48. Minnesota Statutes 2004, section 18H.06, is
31.6 	amended to read:
31.7 	18H.06 EXEMPT NURSERY SALES.
31.8 		Subdivision 1.Not-for-profit sales. An organization or
31.9 	individual may offer for sale certified nursery stock and be
31.10 	exempt from the requirement to obtain a nursery stock dealer
31.11 	certificate if sales are conducted by a nonprofit charitable,
31.12 	educational, or religious organization that:
31.13 	(1) conducts sales or distributions of certified nursery
31.14 	stock on 14 ten or fewer days in a calendar year; and
31.15 	(2) uses the proceeds from its certified nursery stock
31.16 	sales or distribution for charitable, educational, or religious
31.17 	purposes.
31.18 		Subd. 2.nursery hobbyist occasional sales. (a) An
31.19 	organization or individual may offer nursery stock for sale and
31.20 	be exempt from the requirement to obtain a nursery stock dealer
31.21 	certificate if:
31.22 	(1) the gross sales of all nursery stock in a calendar year
31.23 	do not exceed $2,000;
31.24 	(2) all nursery stock sold or distributed by the hobbyist 
31.25 	individual is intended for planting in Minnesota; and 
31.26 	(3) all nursery stock purchased or procured for resale or
31.27 	distribution was grown in Minnesota and has been certified by
31.28 	the commissioner; and 
31.29 	(4) conducts sales or distributions of nursery stock on ten
31.30 	or fewer days in a calendar year.
31.31 	(b) The commissioner may prescribe the conditions of the
31.32 	exempt nursery sales under this subdivision and may conduct
31.33 	routine inspections of the nursery stock offered for sale.

31.34 	Sec. 49. Minnesota Statutes 2004, section 18H.07,
31.35 	subdivision 1, is amended to read:
31.36 		Subdivision 1.Establishment of fees.  The commissioner
32.1 	shall establish fees sufficient to allow for the administration
32.2 	and enforcement of this chapter and rules adopted under this
32.3 	chapter, including the portion of general support costs and
32.4 	statewide indirect costs of the agency attributable to that
32.5 	function, with a reserve sufficient for up to six months.  The
32.6 	commissioner shall review the fee schedule annually in
32.7 	consultation with the Minnesota Nursery and Landscape Advisory
32.8 	Committee.  For the certificate year beginning January 1, 2004 
32.9 	2006, the fees are as described in this section.

32.10 	Sec. 50. Minnesota Statutes 2004, section 18H.07,
32.11 	subdivision 2, is amended to read:
32.12 		Subd. 2.Nursery stock grower certificate.  (a) A nursery
32.13 	stock grower must pay an annual fee based on the area of all
32.14 	acreage on which nursery stock is grown for certification as
32.15 	follows:
32.16 	(1) less than one-half acre, $150;
32.17 	(2) from one-half acre to two acres, $200;
32.18 	(3) over two acres up to five acres, $300;
32.19 	(4) over five acres up to ten acres, $350;
32.20 	(5) over ten acres up to 20 acres, $500;
32.21 	(6) over 20 acres up to 40 acres, $650;
32.22 	(7) over 40 acres up to 50 acres, $800;
32.23 	(8) over 50 acres up to 200 acres, $1,100;
32.24 	(9) over 200 acres up to 500 acres, $1,500; and
32.25 	(10) over 500 acres, $1,500 plus $2 for each additional
32.26 	acre.
32.27 	(b) In addition to the fees in paragraph (a), a penalty of
32.28 	ten percent of the fee due must be charged for each month, or
32.29 	portion thereof,that the fee is delinquent up to a maximum of
32.30 	30 percent for any application for renewal not received by
32.31 	January 1 of the year following expiration of a certificate.

32.32 	Sec. 51. Minnesota Statutes 2004, section 18H.07,
32.33 	subdivision 3, is amended to read:
32.34 		Subd. 3.Nursery stock dealer certificate.  (a) A nursery
32.35 	stock dealer must pay an annual fee based on the dealer's gross
32.36 	sales of certified nursery stock per location during the
33.1 	preceding most recent certificate year.  A certificate applicant
33.2 	operating for the first time must pay the minimum fee.  The fees
33.3 	per sales location are:
33.4 	(1) gross sales up to $20,000 $5,000, $150;
33.5 	(2) gross sales over $20,000 $5,000 up to $100,000 $20,000,
33.6 	$175;
33.7 	(3) gross sales over $100,000 $20,000 up to
33.8 	$250,000 $50,000, $300;
33.9 	(4) gross sales over $250,000 $50,000 up to
33.10 	$500,000 $75,000, $425;
33.11 	(5) gross sales over $500,000 $75,000 up to
33.12 	$1,000,000 $100,000, $550;
33.13 	(6) gross sales over $1,000,000 $100,000 up to
33.14 	$2,000,000 $200,000, $675; and
33.15 	(7) gross sales over $2,000,000 $200,000, $800.
33.16 	(b) In addition to the fees in paragraph (a), a penalty of
33.17 	ten percent of the fee due must be charged for each month, or
33.18 	portion thereof,that the fee is delinquent up to a maximum of
33.19 	30 percent for any application for renewal not received by
33.20 	January 1 of the year following expiration of a certificate.

33.21 	Sec. 52. Minnesota Statutes 2004, section 18H.09, is
33.22 	amended to read:
33.23 	18H.09 NURSERY INSPECTIONS REQUIRED STOCK CERTIFICATION
33.24 	REQUIREMENTS.
33.25 	(a) All nursery stock growing at sites in Minnesota must
33.26 	have had an identified by nursery stock growers and submitted
33.27 	for inspection must be inspected by the commissioner during 
33.28 	within the previous 12 months prior to sale and found apparently
33.29 	free from quarantine and regulated nonquarantine pests as well
33.30 	as significantly dangerous or potentially damaging plant pests.
33.31 	The commissioner may waive a site inspection under the following
33.32 	conditions:
33.33 	(1) the nursery stock is not going to be sold within 12
33.34 	months;
33.35 	(2) the nursery stock will not be moved out of Minnesota;
33.36 	and 
34.1 	(3) the nursery site or stock is not subject to
34.2 	certification requirements associated with a state or federally
34.3 	regulated or quarantined plant pest.
34.4 	All nursery stock originating from out of state and offered
34.5 	for sale in Minnesota must have been inspected by the
34.6 	appropriate state or federal agency during the previous 12
34.7 	months and found free from quarantine and regulated
34.8 	nonquarantine pests as well as significantly dangerous or
34.9 	potentially damaging plant pests.  A nursery stock certificate
34.10 	is valid from January 1 to December 31.
34.11 	(b) Nursery stock must be accessible to the commissioner
34.12 	for inspection during regular business hours.  Weeds or other
34.13 	growth that hinder a proper inspection are grounds to suspend or
34.14 	withhold a certificate or require a reinspection.
34.15 	(c) Inspection reports issued to growers must contain a
34.16 	list of the plant pests found at the time of inspection.
34.17 	Withdrawal-from-distribution orders are considered part of the
34.18 	inspection reports.  A withdrawal-from-distribution order must
34.19 	contain a list of plants withdrawn from distribution and the
34.20 	location of the plants.
34.21 	(d) The commissioner may post signs to delineate sections
34.22 	withdrawn from distribution.  These signs must remain in place
34.23 	until the commissioner removes them or grants written permission
34.24 	to the grower to remove the signs.
34.25 	(e) Inspection reports issued to dealers must outline the
34.26 	violations involved and corrective actions to be taken including
34.27 	withdrawal-from-distribution orders which would specify nursery
34.28 	stock that could not be distributed from a certain area.
34.29 	(f) Optional inspections of plants may be conducted by the
34.30 	commissioner upon request by any persons desiring an
34.31 	inspection.  A fee as provided in section 18H.07 must be charged
34.32 	for such an inspection.

34.33 	Sec. 53. Minnesota Statutes 2004, section 18H.13,
34.34 	subdivision 1, is amended to read:
34.35 		Subdivision 1.labeling identification of
34.36 	origin. Plants, plant materials, or nursery stock distributed
35.1 	into Minnesota must be conspicuously labeled on the exterior
35.2 	with the name of the consignor, the state of origin, and the
35.3 	name of the consignee and must be accompanied by certification
35.4 	documents to satisfy all applicable state and federal
35.5 	quarantines.Proof of valid nursery certification and origin of
35.6 	all nursery stock must also accompany the shipment.  It is the
35.7 	shared responsibility of both the consignee and consignor to
35.8 	examine all shipments for the presence of current and applicable
35.9 	nursery stock certifications for all plant material from all
35.10 	sources of stock in each shipment.

35.11 	Sec. 54. Minnesota Statutes 2004, section 18H.15, is
35.12 	amended to read:
35.13 	18H.15 VIOLATIONS.
35.14 	(a) A person who offers to distribute nursery stock that is
35.15 	uncertified, uninspected, or falsely labeled or advertised
35.16 	possesses an illegal regulated commodity that is considered
35.17 	infested or infected with harmful plant pests and subject to
35.18 	regulatory action and control.  If the commissioner determines
35.19 	that the provisions of this section have been violated, the
35.20 	commissioner may order the destruction of all of the plants
35.21 	unless the person:
35.22 	(1) provides proper phytosanitary preclearance,
35.23 	phytosanitary certification, or nursery stock certification;
35.24 	(2) agrees to have the plants, plant materials, or nursery
35.25 	stock returned to the consignor; and
35.26 	(3) provides proper documentation, certification, or
35.27 	compliance to support advertising claims.
35.28 	(b) The plant owner is liable for all costs associated with
35.29 	a withdrawal-from-distribution order or the quarantine,
35.30 	treatment, or destruction of plants.  The commissioner is not
35.31 	liable for actual or incidental costs incurred by a person due
35.32 	to the commissioner's actions.  The commissioner must be
35.33 	reimbursed by the owner of the plants for the actual expenses
35.34 	incurred in carrying out a withdrawal-from-distribution order or
35.35 	the quarantine, treatment, or destruction of any plants.
35.36 	(c) It is unlawful for a person to:
36.1 	(1) misrepresent, falsify, or knowingly distribute, sell,
36.2 	advertise, or display damaged, mislabeled, misrepresented,
36.3 	infested, or infected nursery stock;
36.4 	(2) fail to obtain a nursery certificate as required by the
36.5 	commissioner;
36.6 	(3) fail to renew a nursery certificate, but continue
36.7 	business operations;
36.8 	(4) fail to display a nursery certificate;
36.9 	(5) misrepresent or falsify a nursery certificate;
36.10 	(6) refuse to submit to a nursery inspection;
36.11 	(7) fail to provide the cooperation necessary to conduct a
36.12 	successful nursery inspection;
36.13 	(8) offer for sale uncertified plants, plant materials, or
36.14 	nursery stock;
36.15 	(9) possess an illegal regulated commodity;
36.16 	(10) violate or disobey a commissioner's order;
36.17 	(11) violate a quarantine issued by the commissioner;
36.18 	(12) fail to obtain phytosanitary certification for plant
36.19 	material or nursery stock brought into Minnesota;
36.20 	(13) deface, mutilate, or destroy a nursery stock
36.21 	certificate, phytosanitary certificate, or phytosanitary
36.22 	preclearance certificate, or other commissioner mark, permit, or
36.23 	certificate;
36.24 	(14) fail to notify the commissioner of an uncertified
36.25 	shipment of plants, plant materials, or nursery stock; or 
36.26 	(15) transport uncertified plants, plant materials, or
36.27 	nursery stock in Minnesota; or 
36.28 	(16) sell nursery stock to an uncertified nursery stock
36.29 	dealer who is required to be certified.

36.30 	Sec. 55. Minnesota Statutes 2004, section 18H.18,
36.31 	subdivision 1, is amended to read:
36.32 		Subdivision 1.Restrictions on collecting.  No person
36.33 	shall distribute the state flower (Cypripedium reginae), or any
36.34 	species of lady slipper (Cypripedieae) orchids
36.35 	(Orchidaceae), any member of the orchid family,any gentian
36.36 	(Gentiana), arbutus (Epigaea repens), lilies (Lilium species ),
37.1 	coneflowers (Echinacea species ), bloodroot (Sanguinaria
37.2 	canadensis), mayapple (Podophyllum peltatutum), any species of
37.3 	trillium (Trillium species), or lotus (Nelumbo lutea), which
37.4 	have been collected in any manner from any public or private
37.5 	property without the written permission of the property owner
37.6 	and written authorization from the commissioner.

37.7 	Sec. 56. Minnesota Statutes 2004, section 19.64,
37.8 	subdivision 1, is amended to read:
37.9 		Subdivision 1.Registration.  Every person who owns,
37.10 	leases, or possesses colonies of bees or who intends to bring
37.11 	bees into the state under an entry permit shall register the
37.12 	bees with the commissioner on or before April 15 June 1 of each
37.13 	year or within 15 days of entry into Minnesota or taking
37.14 	possession of hives, whichever comes first.  The registration
37.15 	application shall include the name and address of the applicant,
37.16 	a description of the exact location of each of the applicant's
37.17 	apiaries by county, township, range and quarter section, and
37.18 	other information required by the commissioner.  The fee for
37.19 	registration under this subdivision is $10 $25 for beekeepers
37.20 	with fewer than 50 colonies and $50 for beekeepers with 50 or
37.21 	more colonies maintained in the state. The commissioner shall
37.22 	provide registered beekeepers with the Minnesota pest report.
37.23 	The registration required by this section is not transferable.
37.24 	At least one colony in each location must be plainly and legibly
37.25 	marked with the owner's name and telephone number and address,
37.26 	and other information required by the commissioner.  The
37.27 	department shall provide information on colony locations as
37.28 	reported on the registrations on an Internet Web site or through
37.29 	other appropriate measures.

37.30 	Sec. 57. Minnesota Statutes 2004, section 25.341,
37.31 	subdivision 2, is amended to read:
37.32 		Subd. 2.Application; fee; term.  A person who is
37.33 	required to have a commercial feed license shall submit an
37.34 	application on a form provided or approved by the commissioner
37.35 	accompanied by a license fee of $25 paid to the commissioner for
37.36 	each facility location. A license is not transferable from one
38.1 	person to another, from one ownership to another, or from one
38.2 	location to another.The license year is the calendar year.  A
38.3 	license expires on December 31 of the year for which it is
38.4 	issued, except that a license is valid through January 31 of the
38.5 	next year or until the issuance of the renewal license,
38.6 	whichever comes first, if the licensee has filed a renewal
38.7 	application with the commissioner on or before December 31 of
38.8 	the year for which the current license was issued. A new
38.9 	applicant who Any person who is required to have, but fails to
38.10 	obtain a license within 15 working days of notification of the
38.11 	requirement to obtain a license,or a licensee who fails to
38.12 	comply with license renewal requirements, shall pay a $50 late
38.13 	fee in addition to the license fee. The commissioner may issue
38.14 	a withdrawal from distribution order on any commercial feed that
38.15 	an unlicensed person produces or distributes in the state until
38.16 	a license is issued.

38.17 	Sec. 58. [25.342] CERTIFICATES, FREE SALE.
38.18 	A nonrefundable application fee of $25 must accompany all
38.19 	free sale certificate requests to facilitate the movement of
38.20 	Minnesota processed and manufactured feeds destined for export
38.21 	from the state.  Each label submitted for review must be
38.22 	accompanied by a nonrefundable $50 application fee.

38.23 	Sec. 59. Minnesota Statutes 2004, section 25.39,
38.24 	subdivision 1, is amended to read:
38.25 		Subdivision 1.Amount of fee.  (a) An inspection fee at
38.26 	the rate of 16 cents per ton must be paid to the commissioner on
38.27 	commercial feeds distributed in this state by the person who
38.28 	first distributes the commercial feed, except that:
38.29 	(1) no fee needs to need be paid on:
38.30 	(1) (i) a commercial feed if the payment has been made by a
38.31 	previous distributor; or 
38.32 	(2) (ii) customer formula feeds if the inspection fee is
38.33 	paid on the commercial feeds which are used as ingredients; or
38.34 	(3) commercial feeds used as ingredients for the
38.35 	manufacture of commercial feeds if the fee has been paid by a
38.36 	previous distributor.  If the fee has already been paid, credit
39.1 	must be given for that payment.(2) a Minnesota feed distributor
39.2 	who distributes can substantiate that greater than 50 percent of
39.3 	the distribution of commercial feed is to purchasers outside the
39.4 	state may purchase commercial feeds,without payment by any
39.5 	person of the inspection fee required on those purchases,under
39.6 	a tonnage fee exemption permit issued by the commissioner.  Such
39.7 	location specific permits shall only be issued on a calendar
39.8 	year basis to commercial feed distributors who submit a $100
39.9 	nonrefundable application fee and comply with rules adopted by
39.10 	the commissioner relative to record keeping, tonnage of
39.11 	commercial feed distributed in Minnesota, total of all
39.12 	commercial feed tonnage distributed, and all other information
39.13 	which the commissioner may require so as to ensure that proper
39.14 	inspection fee payment has been made.
39.15 	(b) In the case of pet food distributed in the state only
39.16 	in packages of ten pounds or less, a listing of each product and
39.17 	a current label for each product must be submitted annually on
39.18 	forms provided by the commissioner and accompanied by an annual
39.19 	fee of $50 for each product in lieu of the inspection fee.  This
39.20 	annual fee is due by July 1.  The inspection fee required by
39.21 	paragraph (a) applies to pet food distributed in packages
39.22 	exceeding ten pounds.
39.23 	(c) In the case of specialty pet food distributed in the
39.24 	state only in packages of ten pounds or less, a listing of each
39.25 	product and a current label for each product must be submitted
39.26 	annually on forms provided by the commissioner and accompanied
39.27 	by an annual fee of $25 for each product in lieu of the
39.28 	inspection fee.  This annual fee is due by July 1.  The
39.29 	inspection fee required by paragraph (a) applies to specialty
39.30 	pet food distributed in packages exceeding ten pounds.
39.31 	(d) The minimum inspection fee is $10 per annual reporting
39.32 	period.

39.33 	Sec. 60. Minnesota Statutes 2004, section 25.39,
39.34 	subdivision 4, is amended to read:
39.35 		Subd. 4.Commercial feed inspection account.  A
39.36 	commercial feed inspection account is established in the
40.1 	agricultural fund.  Fees and penalties collected under sections
40.2 	25.35 to 25.43this chapter and interest attributable to money
40.3 	in the account must be deposited in the agricultural fund and
40.4 	credited to the commercial feed inspection account.  Money in
40.5 	the account, including interest earned, is appropriated to the
40.6 	commissioner for the administration and enforcement of sections
40.7 	25.341 to 25.43this chapter.

40.8 	Sec. 61. Minnesota Statutes 2004, section 31.94, is
40.9 	amended to read:
40.10 	31.94 COMMISSIONER DUTIES.
40.11 	(a) In order to promote opportunities for organic
40.12 	agriculture in Minnesota, the commissioner shall:
40.13 	(1) survey producers and support services and organizations
40.14 	to determine information and research needs in the area of
40.15 	organic agriculture practices;
40.16 	(2) work with the University of Minnesota to demonstrate
40.17 	the on-farm applicability of organic agriculture practices to
40.18 	conditions in this state;
40.19 	(3) direct the programs of the department so as to work
40.20 	toward the promotion of organic agriculture in this state;
40.21 	(4) inform agencies of how state or federal programs could
40.22 	utilize and support organic agriculture practices; and
40.23 	(5) work closely with producers, the University of
40.24 	Minnesota, the Minnesota Trade Office, and other appropriate
40.25 	organizations to identify opportunities and needs as well as
40.26 	ensure coordination and avoid duplication of state agency
40.27 	efforts regarding research, teaching, marketing, and extension
40.28 	work relating to organic agriculture.
40.29 	(b) By November 15 of each even-numbered year the
40.30 	commissioner, in conjunction with the task force created in
40.31 	paragraph (c), shall report on the status of organic agriculture
40.32 	in Minnesota to the legislative policy and finance committees
40.33 	and divisions with jurisdiction over agriculture.  The report
40.34 	must include:
40.35 	(1) a description of current state or federal programs
40.36 	directed toward organic agriculture, including significant
41.1 	results and experiences of those programs;
41.2 	(2) a description of specific actions the department of
41.3 	agriculture is taking in the area of organic agriculture,
41.4 	including the proportion of the department's budget spent on
41.5 	organic agriculture;
41.6 	(3) a description of current and future research needs at
41.7 	all levels in the area of organic agriculture;
41.8 	(4) suggestions for changes in existing programs or
41.9 	policies or enactment of new programs or policies that will
41.10 	affect organic agriculture;
41.11 	(5) a description of market trends and potential for
41.12 	organic products;
41.13 	(6) available information, using currently reliable data,
41.14 	on the price received, yield, and profitability of organic
41.15 	farms, and a comparison with data on conventional farms; and
41.16 	(7) available information, using currently reliable data,
41.17 	on the positive and negative impacts of organic production on
41.18 	the environment and human health.
41.19 	(c) The commissioner shall appoint a Minnesota Organic
41.20 	Advisory Task Force to advise the commissioner on policies and
41.21 	practices to improve organic agriculture in Minnesota.  The task
41.22 	force must consist of the following residents of the state:
41.23 	(1) three farmers using organic agriculture methods;
41.24 	(2) two organic food wholesalers, retailers, or
41.25 	distributors;
41.26 	(3) one representative of organic food certification
41.27 	agencies;
41.28 	(4) two organic food processors;
41.29 	(5) one representative from the Minnesota Extension
41.30 	Service;
41.31 	(6) one representative from a Minnesota postsecondary
41.32 	research institution;
41.33 	(7) one representative from a nonprofit organization
41.34 	representing producers;
41.35 	(8) one at-large member;
41.36 	(9) one representative from the United States Department of
42.1 	Agriculture; and
42.2 	(10) one organic consumer representative.
42.3 	Terms, compensation, and removal of members are governed by
42.4 	section 15.059, subdivision 6.  The task force must meet at
42.5 	least twice each year and expires on June 30, 2005 2009.
42.6 	(d) For the purposes of expanding, improving, and
42.7 	developing production and marketing of the organic products of
42.8 	Minnesota agriculture, the commissioner may receive funds from
42.9 	state and federal sources and spend them, including through
42.10 	grants or contracts, to assist producers and processors to
42.11 	achieve certification, to conduct education or marketing
42.12 	activities, to enter into research and development partnerships,
42.13 	or to address production or marketing obstacles to the growth
42.14 	and well-being of the industry.
42.15 	(e) The commissioner may facilitate the registration of
42.16 	state organic production and handling operations including those
42.17 	exempt from organic certification according to Code of Federal
42.18 	Regulations, title 7, section 205.101, and certification agents
42.19 	operating within the state.

42.20 	EFFECTIVE DATE. This section is effective the day
42.21 	following final enactment.

42.22 	Sec. 62. Minnesota Statutes 2004, section 35.02,
42.23 	subdivision 1, is amended to read:
42.24 		Subdivision 1.Members; officers.  The board has five
42.25 	members appointed by the governor with the advice and consent of
42.26 	the senate, three of whom are producers of livestock in the
42.27 	state, and two of whom are practicing veterinarians licensed in
42.28 	Minnesota.  The dean of the College of Veterinary Medicine and
42.29 	the director of the Veterinary Diagnostic Laboratory of the
42.30 	University of Minnesota may serve as consultant consultants to
42.31 	the board without vote.  Appointments to fill unexpired terms
42.32 	must be made from the classes to which the retiring members
42.33 	belong.  The board shall elect a president and a vice-president
42.34 	from among its members and a veterinarian licensed in Minnesota
42.35 	who is not a member to be its executive director for a term of
42.36 	one year and until a successor qualifies.  The board shall set
43.1 	the duties of the director.
43.2 	
EFFECTIVE DATE. This section is effective the day
43.3 	following final enactment.

43.4 	Sec. 63. Minnesota Statutes 2004, section 35.03, is
43.5 	amended to read:
43.6 	35.03 POWERS, DUTIES, AND REPORTS.
43.7 	The board shall protect the health of Minnesota domestic
43.8 	animals and carry out the provisions of this chapter.  The board
43.9 	shall make rules necessary to protect the health of domestic
43.10 	animals.  The board shall meet at least quarterly.  Officers
43.11 	must be elected each April.  On or before November 1 of each
43.12 	year the board shall publish an annual report. The University
43.13 	of Minnesota Veterinary Diagnostic Laboratory is the official
43.14 	laboratory for the board.  At least quarterly, the director of
43.15 	the Veterinary Diagnostic Laboratory must report on the
43.16 	laboratory's activities.

43.17 	EFFECTIVE DATE. This section is effective the day
43.18 	following final enactment.

43.19 	Sec. 64. Minnesota Statutes 2004, section 35.05, is
43.20 	amended to read:
43.21 	35.05 AUTHORITY OF STATE BOARD.
43.22 	(a) The state board may quarantine or kill any domestic
43.23 	animal infected with, or which has been exposed to, a contagious
43.24 	or infectious dangerous disease if it is necessary to protect
43.25 	the health of the domestic animals of the state.
43.26 	(b) The board may regulate or prohibit the arrival in and
43.27 	departure from the state of infected or exposed animals and, in
43.28 	case of violation of any rule or prohibition, may detain any
43.29 	animal at its owner's expense.  The board may regulate or
43.30 	prohibit the importation of domestic animals which, in its
43.31 	opinion, may injure the health of Minnesota livestock.
43.32 	(c) When the governor declares an emergency under section
43.33 	35.0661,the board, through its executive director,may
43.34 	implement the United States Voluntary Johne's Disease Herd
43.35 	Status Program for Cattle assume control of such resources
43.36 	within the University of Minnesota's Veterinary Diagnostic
44.1 	Laboratory as necessary to effectively address the disease
44.2 	outbreak.  The director of the laboratory and other laboratory
44.3 	personnel must cooperate fully in performing necessary functions
44.4 	related to the outbreak or threatened outbreak.
44.5 	(d) Rules adopted by the board under authority of this
44.6 	chapter must be published in the State Register.

44.7 	EFFECTIVE DATE. This section is effective the day
44.8 	following final enactment.

44.9 	Sec. 65. [35.153] DEFINITIONS.
44.10 		Subdivision 1.Applicability. The definitions in this
44.11 	section apply to section 17.452, this section, and section
44.12 	35.155.
44.13 		Subd. 2.Cervidae. "Cervidae" means animals that are
44.14 	members of the family Cervidae and includes, but is not limited
44.15 	to, white-tailed deer, mule deer, red deer, elk, moose, caribou,
44.16 	reindeer, and muntjac.
44.17 		Subd. 3.Farmed cervidae. "Farmed cervidae" means
44.18 	cervidae that are:
44.19 	(1) raised for any purpose; and 
44.20 	(2) registered in a manner approved by the Board of Animal
44.21 	Health.
44.22 		Subd. 4.Owner. "Owner" means a person who owns or is
44.23 	responsible for the raising of farmed cervidae.
44.24 		Subd. 5.Herd. "Herd" means all cervidae:
44.25 	(1) maintained on common ground for any purpose; or 
44.26 	(2) under common ownership or supervision, geographically
44.27 	separated, but that have an interchange or movement of animals
44.28 	without regard to whether the animals are infected with or
44.29 	exposed to diseases.
44.30 	
EFFECTIVE DATE. This section is effective the day
44.31 	following final enactment.

44.32 	Sec. 66. Minnesota Statutes 2004, section 35.155, is
44.33 	amended to read:
44.34 	35.155 FARMED CERVIDAE.
44.35 		Subdivision 1.Running at large prohibited. (a) An owner
44.36 	may not allow farmed cervidae to run at large.  The owner must
45.1 	make all reasonable efforts to return escaped farmed cervidae to
45.2 	their enclosures as soon as possible.  The owner must notify the
45.3 	commissioner of natural resources of the escape of farmed
45.4 	cervidae if the farmed cervidae are not returned or captured by
45.5 	the owner within 24 hours of their escape.
45.6 	(b) An owner is liable for expenses of another person in
45.7 	capturing, caring for, and returning farmed cervidae that have
45.8 	left their enclosures if the person capturing the farmed
45.9 	cervidae contacts the owner as soon as possible.
45.10 	(c) If an owner is unwilling or unable to capture escaped
45.11 	farmed cervidae, the commissioner of natural resources may
45.12 	destroy the escaped farmed cervidae.  The commissioner of
45.13 	natural resources must allow the owner to attempt to capture the
45.14 	escaped farmed cervidae prior to destroying the farmed
45.15 	cervidae.  Farmed cervidae that are not captured by 24 hours
45.16 	after escape may be destroyed.
45.17 		Subd. 2.Wild cervidae inside confinement area. An owner
45.18 	or an employee or agent under the direction of the owner must
45.19 	destroy wild cervidae found within the owner's farmed cervidae
45.20 	confinement area.  The owner, employee, or agent must report the
45.21 	wild cervidae destroyed to a conservation officer or an employee
45.22 	of the Department of Natural Resources, Division of Wildlife,
45.23 	within 24 hours.  The wild cervidae must be disposed of as
45.24 	prescribed by the commissioner of natural resources.
45.25 		Subd. 3.Farming in native elk area. A person may not
45.26 	raise farmed red deer in the native elk area without written
45.27 	approval of the commissioner of natural resources.  The native
45.28 	elk area is the area north of U.S. Highway 2 and west of U.S.
45.29 	Highway 71 and trunk highway 72.  The commissioner of natural
45.30 	resources shall review the proposed farming operation and
45.31 	approve with any condition or deny approval based on risks to
45.32 	the native elk population.
45.33 		Subd. 4.Fencing. Farmed cervidae must be confined in a
45.34 	manner designed to prevent escape.  All perimeter fences for
45.35 	farmed cervidae must be at least 96 inches in height and be
45.36 	constructed and maintained in a way that prevents the escape of
46.1 	farmed cervidae or entry into the premises by free-roaming
46.2 	cervidae.
46.3 		Subd. 5.Disease control programs. Farmed cervidae are
46.4 	subject to this chapter and the rules of the Board of Animal
46.5 	Health in the same manner as other livestock and domestic
46.6 	animals, including provisions related to importation and
46.7 	transportation.
46.8 		Subd. 6.Identification. (a) Farmed cervidae must be
46.9 	identified by means approved by the Board of Animal Health.  The
46.10 	identification must be visible to the naked eye during daylight
46.11 	under normal conditions at a distance of 50 yards.  Newborn
46.12 	animals must be identified before December 31 of the year in
46.13 	which the animal is born or before movement from the premises,
46.14 	whichever occurs first.
46.15 	(b) The Board of Animal Health shall register farmed
46.16 	cervidae.  The owner must submit the registration request on
46.17 	forms provided by the board.  The forms must include sales
46.18 	receipts or other documentation of the origin of the cervidae.
46.19 	The board shall provide copies of the registration information
46.20 	to the commissioner of natural resources upon request.  The
46.21 	owner must keep written records of the acquisition and
46.22 	disposition of registered farmed cervidae.
46.23 		Subd. 7.Inspection. The commissioner of agriculture and
46.24 	the Board of Animal Health may inspect farmed cervidae, farmed
46.25 	cervidae facilities, and farmed cervidae records.  For each
46.26 	herd, the owner or owners must, on or before January 1, pay an
46.27 	annual inspection fee equal to $10 for each cervid in the herd
46.28 	as reflected in the most recent inventory submitted to the Board
46.29 	of Animal Health, up to a maximum fee of $100.  The commissioner
46.30 	of natural resources may inspect farmed cervidae, farmed
46.31 	cervidae facilities, and farmed cervidae records with reasonable
46.32 	suspicion that laws protecting native wild animals have been
46.33 	violated and must notify the owner in writing at the time of the
46.34 	inspection of the reason for the inspection and must inform the
46.35 	owner in writing after the inspection of whether (1) the cause
46.36 	of the inspection was unfounded; or (2) there will be an ongoing
47.1 	investigation or continuing evaluation.
47.2 		Subd. 8.Cervidae inspection account. A cervidae
47.3 	inspection account is established in the state treasury.  The
47.4 	fees collected under this section and interest attributable to
47.5 	money in the account must be deposited in the state treasury and
47.6 	credited to the cervidae inspection account in the special
47.7 	revenue fund.  Money in the account, including interest earned,
47.8 	is appropriated to the Board of Animal Health for the
47.9 	administration and enforcement of this section.
47.10 		Subd. 9.Contested case hearing. A person raising farmed
47.11 	cervidae that is aggrieved with any decision regarding the
47.12 	farmed cervidae may request a contested case hearing under
47.13 	chapter 14.
47.14 		Subd. 10.Mandatory registration. A person may not
47.15 	possess live cervidae in Minnesota unless the person is
47.16 	registered with the Board of Animal Health and meets all the
47.17 	requirements for farmed cervidae under this section.  Cervidae
47.18 	possessed in violation of this subdivision may be seized and
47.19 	destroyed by the commissioner of natural resources.
47.20 		Subd. 11.Mandatory surveillance for chronic wasting
47.21 	disease. (a) An inventory for each farmed cervidae herd must be
47.22 	verified by an accredited veterinarian and filed with the Board
47.23 	of Animal Health every 12 months.
47.24 	(b) Movement of farmed cervidae from any premises to
47.25 	another location must be reported to the Board of Animal Health
47.26 	within 14 days of the movement on forms approved by the Board of
47.27 	Animal Health.
47.28 	(c) All animals from farmed cervidae herds that are over 16
47.29 	months of age that die or are slaughtered must be tested for
47.30 	chronic wasting disease.
47.31 		Subd. 12.Importation. A person must not import cervidae
47.32 	into the state from a herd that is infected or exposed to
47.33 	chronic wasting disease or from a known chronic wasting disease
47.34 	endemic area, as determined by the board.  A person may import
47.35 	cervidae into the state only from a herd that is not in a known
47.36 	chronic wasting disease endemic area, as determined by the
48.1 	board, and the herd has been subject to a state or provincial
48.2 	approved chronic wasting disease monitoring program for at least
48.3 	three years.  Cervidae imported in violation of this section may
48.4 	be seized and destroyed by the commissioner of natural resources.
48.5 		Subd. 13.Rules. The Board of Animal Health shall adopt
48.6 	rules as necessary to implement this section and to otherwise
48.7 	provide for the control of cervidae diseases.
48.8 	
EFFECTIVE DATE. This section is effective the day
48.9 	following final enactment.

48.10 	Sec. 67. Minnesota Statutes 2004, section 38.01, is
48.11 	amended to read:
48.12 	38.01 COUNTY AGRICULTURAL SOCIETIES; FORMATION, POWERS.
48.13 	(a) An agricultural society or association may be
48.14 	incorporated by citizens of any county, or two or more counties
48.15 	jointly, but only one agricultural society shall be organized in
48.16 	any county.  An agricultural society may sue and be sued in its
48.17 	corporate name; may adopt bylaws, rules, and regulations, alter
48.18 	and amend the same; may purchase and hold, lease and control any
48.19 	real or personal property deemed to promote the objects of the
48.20 	society, and may rent, lease, sell, and convey the same.  Any
48.21 	income from the rental or lease of such the property may be used
48.22 	for any or all of the following purposes:  (1) Acquisition of
48.23 	additional real property; (2) Construction of additional
48.24 	buildings; or (3) Maintenance and care of the society's
48.25 	property.  This section shall not be construed to preclude the
48.26 	continuance of any agricultural society now existing or the
48.27 	granting of aid thereto to the society.
48.28 	(b) An agricultural society shall have jurisdiction and
48.29 	control of the grounds upon which its fairs are held and of the
48.30 	streets and grounds adjacent thereto grounds during such the 
48.31 	fair, so far as may be necessary for such purpose fair purposes,
48.32 	and are exempt from local zoning ordinances throughout the year
48.33 	as provided in section 38.16. At or before the time of holding
48.34 	any fair, the agricultural society may appoint, in writing, as
48.35 	many persons to act as special constables as necessary, for and
48.36 	during the time of holding the same and for a reasonable time
49.1 	prior and subsequent thereto.  These constables, before entering
49.2 	upon their duties, shall take and subscribe the usual oath of
49.3 	office, endorsed upon their appointment, and have and exercise
49.4 	upon the grounds of the society, and within one-half mile
49.5 	thereof, all the power and authority of constables at common law
49.6 	and, in addition thereto, may, within these limits, without
49.7 	warrant, arrest any person found violating any laws of the
49.8 	state, or any rule, regulation, or bylaw of the society, and
49.9 	summarily remove the persons and property of such offenders from
49.10 	the grounds and take them before any court of competent
49.11 	jurisdiction to be dealt with according to law.  Each such peace
49.12 	officer shall wear an appropriate badge of office while acting
49.13 	as such.
49.14 	(c) As an alternative to the appointment of special
49.15 	constables,The society may contract with the sheriff or ,local
49.16 	municipality, or security guard as defined in section 626.88to
49.17 	provide the society with the same police service it may secure
49.18 	by appointing special constables.  A person providing police
49.19 	service pursuant to such a contract is not, by reason of the
49.20 	contract, classified as an employee of the agricultural society
49.21 	for any purpose other than the discharge of powers and duties
49.22 	under the contract.
49.23 	(d) Any person who shall willfully violate any rule or
49.24 	regulation made by such agricultural societies during the days
49.25 	of a fair shall be guilty of a misdemeanor.
49.26 	The provisions of this section supersede all special laws
49.27 	on the same subject.

49.28 	Sec. 68. Minnesota Statutes 2004, section 38.16, is
49.29 	amended to read:
49.30 	38.16 EXEMPTION FROM ZONING ORDINANCES.
49.31 	When lands lying within the corporate limits of towns or
49.32 	cities are owned by a county or agricultural society and used
49.33 	for agricultural fair purposes, the lands and the buildings now
49.34 	or hereafter erected are exempt from the zoning, building, and
49.35 	other ordinances of the town or city; provided, that no license
49.36 	or permit need be obtained from, nor fee paid to, the town or
50.1 	city in connection with the use of the lands. For the purposes
50.2 	of this section, "agricultural fair purposes" includes the
50.3 	management of property as provided in section 38.01, paragraph
50.4 	(a).

50.5 	Sec. 69. Minnesota Statutes 2004, section 41A.09,
50.6 	subdivision 2a, is amended to read:
50.7 		Subd. 2a.Definitions.  For the purposes of this section,
50.8 	the terms defined in this subdivision have the meanings given
50.9 	them.
50.10 	(a) "Ethanol" means fermentation ethyl alcohol derived from
50.11 	agricultural products, including potatoes, cereal grains, cheese
50.12 	whey, and sugar beets; forest products; or other renewable
50.13 	resources, including residue and waste generated from the
50.14 	production, processing, and marketing of agricultural products,
50.15 	forest products, and other renewable resources, that:
50.16 	(1) meets all of the specifications in ASTM specification
50.17 	D4806-01; and
50.18 	(2) is denatured as specified in Code of Federal
50.19 	Regulations, title 27, parts 20 and 21.
50.20 	(b) "Ethanol plant" means a plant at which ethanol is
50.21 	produced.
50.22 	(c) "Commissioner" means the commissioner of agriculture.
50.23 	(d) "Rural economic infrastructure" means the development
50.24 	of activities that will enhance the value of agricultural crop
50.25 	or livestock commodities or by-products or waste from farming
50.26 	operations through new and improved value-added conversion
50.27 	processes and technologies, the development of more timely and
50.28 	efficient infrastructure delivery systems, and the enhancement
50.29 	of marketing opportunities.  "Rural economic infrastructure"
50.30 	also means land, buildings, structures, fixtures, and
50.31 	improvements located or to be located in Minnesota and used or
50.32 	operated primarily for the processing or the support of
50.33 	production of marketable products from agricultural commodities
50.34 	or wind energy produced in Minnesota.

50.35 	Sec. 70. Minnesota Statutes 2004, section 41A.09,
50.36 	subdivision 3a, is amended to read:
51.1 		Subd. 3a.Ethanol producer payments.  (a) The
51.2 	commissioner shall make cash payments to producers of ethanol
51.3 	located in the state that have begun production at a specific
51.4 	location by June 30, 2000.  For the purpose of this subdivision,
51.5 	an entity that holds a controlling interest in more than one
51.6 	ethanol plant is considered a single producer.  The amount of
51.7 	the payment for each producer's annual production, except as
51.8 	provided in paragraph (c), is 20 cents per gallon for each
51.9 	gallon of ethanol produced at a specific location on or before
51.10 	June 30, 2000, or ten years after the start of production,
51.11 	whichever is later.  Annually, within 90 days of the end of its
51.12 	fiscal year, an ethanol producer receiving payments under this
51.13 	subdivision must file a disclosure statement on a form provided
51.14 	by the commissioner.  The initial disclosure statement must
51.15 	include a summary description of the organization of the
51.16 	business structure of the claimant, a listing of the percentages
51.17 	of ownership by any person or other entity with an ownership
51.18 	interest of five percent or greater, and a copy of its annual
51.19 	audited financial statements, including the auditor's report and
51.20 	footnotes.  The disclosure statement must include information
51.21 	demonstrating what percentage of the entity receiving payments
51.22 	under this section is owned by farmers or other entities
51.23 	eligible to farm or own agricultural land in Minnesota under the
51.24 	provisions of section 500.24.  Subsequent annual reports must
51.25 	reflect noncumulative changes in ownership of ten percent or
51.26 	more of the entity.  The report need not disclose the identity
51.27 	of the persons or entities eligible to farm or own agricultural
51.28 	land with ownership interests, individuals residing within 30
51.29 	miles of the plant, or of any other entity with less than ten
51.30 	percent ownership interest, but the claimant must retain
51.31 	information within its files confirming the accuracy of the data
51.32 	provided.  This data must be made available to the commissioner
51.33 	upon request.  Not later than the 15th day of February in each
51.34 	year the commissioner shall deliver to the chairs of the
51.35 	standing committees of the senate and the house of
51.36 	representatives that deal with agricultural policy and
52.1 	agricultural finance issues an annual report summarizing
52.2 	aggregated data from plants receiving payments under this
52.3 	section during the preceding calendar year.  Audited financial
52.4 	statements and notes and disclosure statements submitted to the
52.5 	commissioner are nonpublic data under section 13.02, subdivision
52.6 	9.  Notwithstanding the provisions of chapter 13 relating to
52.7 	nonpublic data, summaries of the submitted audited financial
52.8 	reports and notes and disclosure statements will be contained in
52.9 	the report to the committee chairs and will be public data.
52.10 	(b) No payments shall be made for ethanol production that
52.11 	occurs after June 30, 2010. A producer of ethanol shall not
52.12 	transfer the producer's eligibility for payments under this
52.13 	section to an ethanol plant at a different location.
52.14 	(c) If the level of production at an ethanol plant
52.15 	increases due to an increase in the production capacity of the
52.16 	plant, the payment under paragraph (a) applies to the additional
52.17 	increment of production until ten years after the increased
52.18 	production began.  Once a plant's production capacity reaches
52.19 	15,000,000 gallons per year, no additional increment will
52.20 	qualify for the payment.
52.21 	(d) Total payments under paragraphs (a) and (c) to a
52.22 	producer in a fiscal year may not exceed $3,000,000.
52.23 	(e) By the last day of October, January, April, and July,
52.24 	each producer shall file a claim for payment for ethanol
52.25 	production during the preceding three calendar months.  A
52.26 	producer that files a claim under this subdivision shall include
52.27 	a statement of the producer's total ethanol production in
52.28 	Minnesota during the quarter covered by the claim.  For each
52.29 	claim and statement of total ethanol production filed under this
52.30 	subdivision, the volume of ethanol production must be examined
52.31 	by an independent certified public accountant in accordance with
52.32 	standards established by the American Institute of Certified
52.33 	Public Accountants.
52.34 	(f) Payments shall be made November 15, February 15, May
52.35 	15, and August 15.  A separate payment shall be made for each
52.36 	claim filed.  Except as provided in paragraph (g), the total
53.1 	quarterly payment to a producer under this paragraph may not
53.2 	exceed $750,000.
53.3 	(g) Notwithstanding the quarterly payment limits of
53.4 	paragraph (f), the commissioner shall make an additional payment
53.5 	in the fourth quarter of each fiscal year to ethanol producers
53.6 	for the lesser of:  (1) 20 cents per gallon of production in the
53.7 	fourth quarter of the year that is greater than 3,750,000
53.8 	gallons; or (2) the total amount of payments lost during the
53.9 	first three quarters of the fiscal year due to plant outages,
53.10 	repair, or major maintenance.  Total payments to an ethanol
53.11 	producer in a fiscal year, including any payment under this
53.12 	paragraph, must not exceed the total amount the producer is
53.13 	eligible to receive based on the producer's approved production
53.14 	capacity.  The provisions of this paragraph apply only to
53.15 	production losses that occur in quarters beginning after
53.16 	December 31, 1999.
53.17 	(h) The commissioner shall reimburse ethanol producers for
53.18 	any deficiency in payments during earlier quarters if the
53.19 	deficiency occurred because of unallotment or because 
53.20 	appropriated money was insufficient to make timely payments in
53.21 	the full amount provided in paragraph (a).  Notwithstanding the
53.22 	quarterly or annual payment limitations in this subdivision, the
53.23 	commissioner shall begin making payments for earlier
53.24 	deficiencies in each fiscal year that appropriations for ethanol
53.25 	payments exceed the amount required to make eligible scheduled
53.26 	payments.  Payments for earlier deficiencies must continue until
53.27 	the deficiencies for each producer are paid in full.
53.28 	(i) The commissioner may make direct payments to producers
53.29 	of rural economic infrastructure with any amount of the annual
53.30 	appropriation for ethanol producer payments and rural economic
53.31 	infrastructure that is in excess of the amount required to make
53.32 	scheduled ethanol producer payments and deficiency payments
53.33 	under paragraphs (a) to (h).

53.34 	Sec. 71. Minnesota Statutes 2004, section 41A.09, is
53.35 	amended by adding a subdivision to read:
53.36 		Subd. 9.Motor vehicles; ethanol combustion efficiency
54.1 	grants. From within the appropriation for each fiscal year to
54.2 	the ethanol development program under this section, or from
54.3 	other appropriated money, the commissioner shall make up to two
54.4 	grants, each in an amount not exceeding $50,000, to qualified
54.5 	applicants proposing to do research on, but not limited to,
54.6 	ethanol's effect on fuel system materials compatibility and ways
54.7 	to improve the energy efficiency of ethanol fuel blends in motor
54.8 	vehicles while meeting all requirements for control of tailpipe
54.9 	emissions.  A grant recipient may receive funding for no more
54.10 	than two consecutive years.  A research project must be matched
54.11 	by $2 of nonstate money for each $3 of state grant money.

54.12 	Sec. 72. Minnesota Statutes 2004, section 41A.09, is
54.13 	amended by adding a subdivision to read:
54.14 		Subd. 10.Guidelines. The commissioner shall establish
54.15 	guidelines not subject to chapter 14 for the submission and
54.16 	review of applications and the awarding of grants under
54.17 	subdivision 9.

54.18 	Sec. 73. Minnesota Statutes 2004, section 41B.046,
54.19 	subdivision 5, is amended to read:
54.20 		Subd. 5.Loans.  (a) The authority may participate in a
54.21 	stock loan with an eligible lender to a farmer who is eligible
54.22 	under subdivision 4.  Participation is limited to 45 percent of
54.23 	the principal amount of the loan or $40,000, whichever is less.
54.24 	The interest rates and repayment terms of the authority's
54.25 	participation interest may differ from the interest rates and
54.26 	repayment terms of the lender's retained portion of the loan,
54.27 	but the authority's interest rate must not exceed 50 percent of
54.28 	the lender's interest rate.
54.29 	(b) No more than 95 percent of the purchase price of the
54.30 	stock may be financed under this program.
54.31 	(c) Security for stock loans must be the stock purchased, a
54.32 	personal note executed by the borrower, and whatever other
54.33 	security is required by the eligible lender or the authority.
54.34 	(d) The authority may impose a reasonable nonrefundable
54.35 	application fee for each application for a stock loan.  The
54.36 	authority may review the fee annually and make adjustments as
55.1 	necessary.  The application fee is initially $50.  Application
55.2 	fees received by the authority must be deposited in the
55.3 	value-added agricultural product revolving fund revolving loan
55.4 	account established in section 41B.06.
55.5 	(e) Stock loans under this program will be made using money
55.6 	in the value-added agricultural product revolving fund loan
55.7 	account established under subdivision 3 in section 41B.06.
55.8 	(f) The authority may not grant stock loans in a cumulative
55.9 	amount exceeding $2,000,000 for the financing of stock purchases
55.10 	in any one cooperative.
55.11 	(g) Repayments of financial assistance under this section,
55.12 	including principal and interest, must be deposited into the
55.13 	revolving loan account established in section 41B.06.

55.14 	Sec. 74. Minnesota Statutes 2004, section 41B.049,
55.15 	subdivision 2, is amended to read:
55.16 		Subd. 2.revolving fund deposit of repayments. There is
55.17 	established in the state treasury a revolving fund, which is
55.18 	eligible to receive appropriations and the transfer of funds
55.19 	from other services.All repayments of financial assistance
55.20 	granted under subdivision 1, including principal and interest,
55.21 	must be deposited into this fund.  Interest earned on money in
55.22 	the fund accrues to the fund, and money in the fund is
55.23 	appropriated to the commissioner of agriculture for purposes of
55.24 	the manure digester loan program, including costs incurred by
55.25 	the authority to establish and administer the program the
55.26 	revolving loan account established in section 41B.06.

55.27 	Sec. 75. Minnesota Statutes 2004, section 41B.049,
55.28 	subdivision 4, is amended to read:
55.29 		Subd. 4.Loans.  (a) The authority may make a direct loan
55.30 	or participate in a loan with an eligible lender to a farmer who
55.31 	is eligible under subdivision 3. The interest rates and 
55.32 	Repayment terms of the authority's participation interest may
55.33 	differ from the interest rates and repayment terms of the
55.34 	lender's retained portion of the loan. The authority's interest
55.35 	rate for a direct loan or a loan participation must not exceed
55.36 	four percent.Loans made under this section before July 1,
56.1 	2003,must be no-interest loans.
56.2 	(b) Application for a direct loan or a loan participation
56.3 	must be made on forms prescribed by the authority.
56.4 	(c) Standards for loan amortization shall be set by the
56.5 	Rural Finance Authority not to exceed ten years.
56.6 	(d) Security for the loans must be a personal note executed
56.7 	by the borrower and whatever other security is required by the
56.8 	eligible lender or the authority.
56.9 	(e) No loan proceeds may be used to refinance a debt
56.10 	existing prior to application.
56.11 	(f) The authority may impose a reasonable nonrefundable
56.12 	application fee for each application for a direct loan or a loan
56.13 	participation.  The authority may review the application fees
56.14 	annually and make adjustments as necessary.  The application fee
56.15 	is initially set at $100 for a loan under subdivision 1.  The
56.16 	fees received by the authority must be deposited in the
56.17 	revolving fund created in subdivision 2 loan account established
56.18 	in section 41B.06.
56.19 	
EFFECTIVE DATE. This section is effective retroactively
56.20 	for any loan made on or after July 1, 2003.

56.21 	Sec. 76. [41B.055] LIVESTOCK EQUIPMENT PILOT LOAN
56.22 	PROGRAM.
56.23 		Subdivision 1.Establishment. The authority must
56.24 	establish and implement a livestock equipment pilot loan program
56.25 	to help finance the first purchase of livestock-related
56.26 	equipment and make livestock facilities improvements.
56.27 		Subd. 2.Eligibility. Notwithstanding section 41B.03, to
56.28 	be eligible for this program a borrower must:
56.29 	(1) be a resident of Minnesota or general partnership or a
56.30 	family farm corporation, authorized farm corporation, family
56.31 	farm partnership, or authorized farm partnership as defined in
56.32 	section 500.24, subdivision 2;
56.33 	(2) be the principal operator of a livestock farm;
56.34 	(3) have a total net worth, including assets and
56.35 	liabilities of the borrower's spouse and dependents, no greater
56.36 	than the amount stipulated in section 41B.03, subdivision 3;
57.1 	(4) demonstrate an ability to repay the loan; and 
57.2 	(5) hold an appropriate feedlot registration or be using
57.3 	the loan under this program to meet registration requirements.
57.4 	In addition to the requirements in clauses (1) to (5),
57.5 	preference must be given to applicants who have farmed less than
57.6 	ten years as evidenced by their filing of schedule F in their
57.7 	federal tax returns.
57.8 		Subd. 3.Loans. (a) The authority may participate in a
57.9 	livestock equipment loan equal to 90 percent of the purchased
57.10 	equipment value with an eligible lender to a farmer who is
57.11 	eligible under subdivision 2.  Participation is limited to 45
57.12 	percent of the principal amount of the loan or $40,000,
57.13 	whichever is less.  The interest rates and repayment terms of
57.14 	the authority's participation interest may differ from the
57.15 	interest rates and repayment terms of the lender's retained
57.16 	portion of the loan, but the authority's interest rate must not
57.17 	exceed three percent.  The authority may review the interest
57.18 	annually and make adjustments as necessary.
57.19 	(b) Standards for loan amortization must be set by the
57.20 	rural finance authority and must not exceed seven years.
57.21 	(c) Security for a livestock equipment loan must be a
57.22 	personal note executed by the borrower and whatever other
57.23 	security is required by the eligible lender or the authority.
57.24 	(d) Refinancing of existing debt is not an eligible purpose.
57.25 	(e) The authority may impose a reasonable, nonrefundable
57.26 	application fee for a livestock equipment loan.  The authority
57.27 	may review the fee annually and make adjustments as necessary.
57.28 	The initial application fee is $50.  Application fees received
57.29 	by the authority must be deposited in the revolving loan account
57.30 	established in section 41B.06.
57.31 	(f) Loans under this program must be made using money in
57.32 	the revolving loan account established in section 41B.06.
57.33 		Subd. 4.Eligible expenditures. Money may be used for
57.34 	loans for the acquisition of equipment for animal housing,
57.35 	confinement, animal feeding, milk production, and waste
57.36 	management, including the following, if related to animal
58.1 	husbandry:
58.2 	(1) fences;
58.3 	(2) watering facilities;
58.4 	(3) feed storage and handling equipment;
58.5 	(4) milking parlors;
58.6 	(5) milking equipment;
58.7 	(6) scales;
58.8 	(7) milk storage and cooling facilities;
58.9 	(8) manure pumping and storage facilities; and 
58.10 	(9) capital investment in pasture.

58.11 	Sec. 77. [41B.06] RURAL FINANCE AUTHORITY REVOLVING LOAN
58.12 	ACCOUNT.
58.13 	There is established in the rural finance administration
58.14 	fund a rural finance authority revolving loan account that is
58.15 	eligible to receive appropriations and the transfer of loan
58.16 	funds from other programs.  All repayments of financial
58.17 	assistance granted from this account, including principal and
58.18 	interest, must be deposited into this account.  Interest earned
58.19 	on money in the account accrues to the account, and the money in
58.20 	the account is appropriated to the commissioner of agriculture
58.21 	for purposes of the rural finance authority livestock equipment,
58.22 	methane digester, and value-added agricultural product loan
58.23 	programs, including costs incurred by the authority to establish
58.24 	and administer the programs.

58.25 	Sec. 78. Minnesota Statutes 2004, section 116.07,
58.26 	subdivision 7a, is amended to read:
58.27 		Subd. 7a.Notice of application for livestock feedlot
58.28 	permit.  (a) A person who applies to the Pollution Control
58.29 	Agency or a county board for a permit to construct or expand a
58.30 	feedlot with a capacity of 500 animal units or more shall, not
58.31 	less than 20 business days before the date on which a permit is
58.32 	issued, provide notice to each resident and each owner of real
58.33 	property within 5,000 feet of the perimeter of the proposed
58.34 	feedlot.  The notice may be delivered by first class mail, in
58.35 	person, or by the publication in a newspaper of general
58.36 	circulation within the affected area and must include
59.1 	information on the type of livestock and the proposed capacity
59.2 	of the feedlot.  Notification under this subdivision is
59.3 	satisfied under an equal or greater notification requirement of
59.4 	a county conditional use or town permit process. A person must
59.5 	also send a copy of the notice by first class mail to the clerk
59.6 	of the town in which the feedlot is proposed not less than 20
59.7 	business days before the date on which a permit is issued.
59.8 	(b) The agency or a county board must verify that notice
59.9 	was provided as required under paragraph (a) prior to issuing a
59.10 	permit.

59.11 	Sec. 79. Minnesota Statutes 2004, section 116O.09,
59.12 	subdivision 1a, is amended to read:
59.13 		Subd. 1a.Board of directors.  The board of directors of
59.14 	the Agricultural Utilization Research Institute is comprised of:
59.15 	(1) the chairs of the senate and the house of
59.16 	representatives standing committees with jurisdiction over
59.17 	agriculture finance or the chair's designee;
59.18 	(2) two representatives of statewide farm organizations;
59.19 	(3) two representatives of agribusiness; and
59.20 	(4) three representatives of the commodity promotion
59.21 	councils.
59.22 	A member of the board of directors under clauses (2) to
59.23 	(4), including a member serving on July 1, 2003, may serve for a
59.24 	maximum of two three-year terms.  The board's compensation is
59.25 	governed by section 15.0575, subdivision 3.

59.26 	Sec. 80. [156.075] REQUIREMENT FOR EQUINE TEETH
59.27 	FLOATERS.
59.28 		Subdivision 1.Definitions. For purposes of this section
59.29 	the following terms have the meanings given them.
59.30 	(a) "Equine teeth floating" means:
59.31 	(1) removal of enamel points from teeth with handheld,
59.32 	nonmotorized, non-air-powered files or rasps;
59.33 	(2) reestablishing normal molar table angles and freeing up
59.34 	lateral excursion and other normal movements of the mandible;
59.35 	(3) shaping the lingual aspect of the lower arcades and the
59.36 	buccal aspect of the upper arcades to a rounded smooth surface;
60.1 	and 
60.2 	(4) removing points from the buccal aspect of the upper
60.3 	arcade and the lingual aspect of the lower arcade.
60.4 	(b) "Indirect supervision" means a veterinarian must be
60.5 	available by telephone or other form of immediate
60.6 	communication.  The veterinarian must be currently licensed
60.7 	under this chapter.
60.8 		Subd. 2.Equine teeth floating services. (a) A person
60.9 	may perform equine teeth floating services after submitting to
60.10 	the board the following:
60.11 	(1) proof of current certification from the International
60.12 	Association of Equine Dentistry or other professional equine
60.13 	dentistry association as determined by the board; and 
60.14 	(2) a written statement signed by a supervising
60.15 	veterinarian experienced in large animal medicine that the
60.16 	applicant will be under direct or indirect supervision of the
60.17 	veterinarian when floating equine teeth.
60.18 	(b) The board must waive the requirement in paragraph (a),
60.19 	clause (1), and allow a person to perform equine teeth floating
60.20 	services if the person provides satisfactory evidence of being
60.21 	actively engaged in equine teeth floating for at least ten of
60.22 	the past 15 years and has generated at least $5,000 annually in
60.23 	personal income from this activity.

60.24 	Sec. 81. Minnesota Statutes 2004, section 168.27, is
60.25 	amended by adding a subdivision to read:
60.26 		Subd. 29.Flexible fuel vehicle notice. At the time a
60.27 	dealer delivers a flexible fuel vehicle, the dealer must provide
60.28 	written notice to the consumer that the vehicle is capable of
60.29 	using alternative fuels, including E85 fuel.

60.30 	Sec. 82. Minnesota Statutes 2004, section 169.87,
60.31 	subdivision 4, is amended to read:
60.32 		Subd. 4.Vehicle transporting milk.  Until June 1,
60.33 	2003 2007, a weight restriction imposed under subdivision 1 by
60.34 	the commissioner of transportation or a local road authority, or
60.35 	imposed by subdivision 2, does not apply to a vehicle
60.36 	transporting milk from the point of production to the point of
61.1 	first processing if, at the time the weight restriction is
61.2 	exceeded, the vehicle is carrying milk loaded at only one point
61.3 	of production.  This subdivision does not authorize a vehicle
61.4 	described in this subdivision to exceed a weight restriction of
61.5 	five tons per axle by more than two tons per axle.
61.6 	
EFFECTIVE DATE. This section is effective July 1, 2005.

61.7 	Sec. 83. Minnesota Statutes 2004, section 174.52,
61.8 	subdivision 5, is amended to read:
61.9 		Subd. 5.Grant procedures and criteria.  The commissioner
61.10 	shall establish procedures for statutory or home rule charter
61.11 	cities, towns, and counties to apply for grants or loans from
61.12 	the fund and criteria to be used to select projects for funding.
61.13 	The commissioner shall establish these procedures and criteria
61.14 	in consultation with representatives appointed by the
61.15 	Association of Minnesota Counties, League of Minnesota
61.16 	Cities, and Minnesota Township Officers Association Association
61.17 	of Townships, and the appropriate state agency as needed.  The
61.18 	criteria for determining project priority and the amount of a
61.19 	grant or loan must be based upon consideration of:
61.20 	(1) the availability of other state, federal, and local
61.21 	funds;
61.22 	(2) the regional significance of the route;
61.23 	(3) effectiveness of the proposed project in eliminating a
61.24 	transportation system deficiency;
61.25 	(4) the number of persons who will be positively impacted
61.26 	by the project;
61.27 	(5) the project's contribution to other local, regional, or
61.28 	state economic development or redevelopment efforts including
61.29 	livestock and other agricultural operations permitted after the
61.30 	effective date of this section; and
61.31 	(6) ability of the local unit of government to adequately
61.32 	provide for the safe operation and maintenance of the facility
61.33 	upon project completion.

61.34 	Sec. 84. Minnesota Statutes 2004, section 223.17,
61.35 	subdivision 3, is amended to read:
61.36 		Subd. 3.Grain buyers and storage account; fees.  The
62.1 	commissioner shall set the fees for inspections under sections
62.2 	223.15 to 223.22 at levels necessary to pay the expenses of
62.3 	administering and enforcing sections 223.15 to 223.22.
62.4 	The fee for any license issued or renewed after June 30,
62.5 	2001 2005, shall be set according to the following schedule:
62.6 	(a) $125 $140 plus $100 $110 for each additional location
62.7 	for grain buyers whose gross annual purchases are less than
62.8 	$100,000;
62.9 	(b) $250 $275 plus $100 $110 for each additional location
62.10 	for grain buyers whose gross annual purchases are at least
62.11 	$100,000, but not more than $750,000;
62.12 	(c) $375 $415 plus $200 $220 for each additional location
62.13 	for grain buyers whose gross annual purchases are more than
62.14 	$750,000 but not more than $1,500,000;
62.15 	(d) $500 $550 plus $200 $220 for each additional location
62.16 	for grain buyers whose gross annual purchases are more than
62.17 	$1,500,000 but not more than $3,000,000; and
62.18 	(e) $625 $700 plus $200 $220 for each additional location
62.19 	for grain buyers whose gross annual purchases are more than
62.20 	$3,000,000.
62.21 	A penalty amount not to exceed ten percent of the fees due
62.22 	may be imposed by the commissioner for each month for which the
62.23 	fees are delinquent.
62.24 	There is created the grain buyers and storage account in
62.25 	the agricultural fund.  Money collected pursuant to sections
62.26 	223.15 to 223.19 shall be paid into the state treasury and
62.27 	credited to the grain buyers and storage account and is
62.28 	appropriated to the commissioner for the administration and
62.29 	enforcement of sections 223.15 to 223.22.

62.30 	Sec. 85. Minnesota Statutes 2004, section 223.17,
62.31 	subdivision 6, is amended to read:
62.32 		Subd. 6.Financial statements.  For the purpose of fixing
62.33 	or changing the amount of a required bond or for any other
62.34 	proper reason, the commissioner shall require an annual
62.35 	financial statement from a licensee which has been prepared in
62.36 	accordance with generally accepted accounting principles and
63.1 	which meets the following requirements:
63.2 	(a) The financial statement shall include, but not be
63.3 	limited to the following:  (1) a balance sheet; (2) a statement
63.4 	of income (profit and loss); (3) a statement of retained
63.5 	earnings; (4) a statement of changes in financial position; and
63.6 	(5) a statement of the dollar amount of grain purchased in the
63.7 	previous fiscal year of the grain buyer.
63.8 	(b) The financial statement shall be accompanied by a
63.9 	reviewed financial statement or audit prepared by an independent
63.10 	public accountant or a compilation report prepared by a grain
63.11 	commission firm approved by the commissioner, in accordance with
63.12 	standards established by the American Institute of Certified
63.13 	Public Accountants. Grain buyers purchasing less than 150,000
63.14 	bushels of grain per calendar year may submit a financial
63.15 	statement prepared by a public accountant who is not an employee
63.16 	or a relative within the third degree of kindred according to
63.17 	civil law.
63.18 	(c) The financial statement shall be accompanied by a
63.19 	certification by the chief executive officer or the chief
63.20 	executive officer's designee of the licensee, under penalty of
63.21 	perjury, that the financial statement accurately reflects the
63.22 	financial condition of the licensee for the period specified in
63.23 	the statement.
63.24 	Only one financial statement must be filed for a chain of
63.25 	warehouses owned or operated as a single business entity, unless
63.26 	otherwise required by the commissioner.  Any grain buyer having
63.27 	a net worth in excess of $500,000,000 need not file the
63.28 	financial statement required by this subdivision but must
63.29 	provide the commissioner with a certified net worth statement.
63.30 	All financial statements filed with the commissioner are private
63.31 	or nonpublic data as provided in section 13.02.

63.32 	Sec. 86. Minnesota Statutes 2004, section 231.16, is
63.33 	amended to read:
63.34 	231.16 WAREHOUSE OPERATOR OR HOUSEHOLD GOODS WAREHOUSE
63.35 	OPERATOR TO OBTAIN LICENSE.
63.36 	A warehouse operator or household goods warehouse operator
64.1 	must be licensed annually by the department.  The department
64.2 	shall prescribe the form of the written application.  If the
64.3 	department approves the license application and the applicant
64.4 	files with the department the necessary bond, in the case of
64.5 	household goods warehouse operators, or proof of warehouse
64.6 	operators legal liability insurance coverage in an amount of
64.7 	$50,000 or more, as provided for in this chapter, the department
64.8 	shall issue the license upon payment of the license fee required
64.9 	in this section.  A warehouse operator or household goods
64.10 	warehouse operator to whom a license is issued shall pay a fee
64.11 	as follows:
64.12 	Building square footage used for public storage
64.13 	(1) 5,000 or less $100 $110 
64.14 	            (2) 5,001 to 10,000 $200 $220 
64.15 	            (3) 10,001 to 20,000 $300 $330 
64.16 	            (4) 20,001 to 100,000 $400 $440 
64.17 	            (5) 100,001 to 200,000 $500 $550 
64.18 	            (6) over 200,000 $600 $660 
64.19 	A penalty amount not to exceed ten percent of the fees due
64.20 	may be imposed by the commissioner for each month for which the
64.21 	fees are delinquent.
64.22 	Fees collected under this chapter must be paid into the
64.23 	grain buyers and storage account established in section 232.22.
64.24 	The license must be renewed annually on or before July 1,
64.25 	and always upon payment of the full license fee required in this
64.26 	section.  No license shall be issued for any portion of a year
64.27 	for less than the full amount of the license fee required in
64.28 	this section.  Each license obtained under this chapter must be
64.29 	publicly displayed in the main office of the place of business
64.30 	of the warehouse operator or household goods warehouse operator
64.31 	to whom it is issued.  The license authorizes the warehouse
64.32 	operator or household goods warehouse operator to carry on the
64.33 	business of warehousing only in the one city or town named in
64.34 	the application and in the buildings therein described.  The
64.35 	department, without requiring an additional bond and license,
64.36 	may issue permits from time to time to any warehouse operator
65.1 	already duly licensed under the provisions of this chapter to
65.2 	operate an additional warehouse in the same city or town for
65.3 	which the original license was issued during the term thereof,
65.4 	upon the filing an application for a permit in the form
65.5 	prescribed by the department.
65.6 	A license may be refused for good cause shown and revoked
65.7 	by the department for violation of law or of any rule adopted by
65.8 	the department, upon notice and after hearing.

65.9 	Sec. 87. Minnesota Statutes 2004, section 232.22,
65.10 	subdivision 3, is amended to read:
65.11 		Subd. 3.Fees; grain buyers and storage account.  There
65.12 	is created in the agricultural fund an account known as the
65.13 	grain buyers and storage account.  The commissioner shall set
65.14 	the fees for inspections, certifications and licenses under
65.15 	sections 232.20 to 232.25 at levels necessary to pay the costs
65.16 	of administering and enforcing sections 232.20 to 232.25.  All
65.17 	money collected pursuant to sections 232.20 to 232.25 and
65.18 	chapters 233 and 236 shall be paid by the commissioner into the
65.19 	state treasury and credited to the grain buyers and storage
65.20 	account and is appropriated to the commissioner for the
65.21 	administration and enforcement of sections 232.20 to 232.25 and
65.22 	chapters 233 and 236.  All money collected pursuant to chapter
65.23 	231 shall be paid by the commissioner into the grain buyers and
65.24 	storage account and is appropriated to the commissioner for the
65.25 	administration and enforcement of chapter 231.
65.26 	The fees for a license to store grain are as follows:
65.27 	(a) For a license to store grain, $110 for each home rule
65.28 	charter or statutory city or town in which a public grain
65.29 	warehouse is operated.
65.30 	(b) A person with a license to store grain in a public
65.31 	grain warehouse is subject to an examination fee for each
65.32 	licensed location, based on the following schedule for one
65.33 	examination:
65.34 	Bushel Capacity Examination Fee
65.35 	     Less than 150,001 $300
65.36 	     150,001 to 250,000 $425
66.1 	     250,001 to 500,000 $545
66.2 	     500,001 to 750,000 $700
66.3 	     750,001 to 1,000,000 $865
66.4 	     1,000,001 to 1,200,000 $1,040
66.5 	     1,200,001 to 1,500,000 $1,205
66.6 	     1,500,001 to 2,000,000 $1,380
66.7 	     More than 2,000,000 $1,555 
66.8 	(c) The fee for the second examination is $55 per hour per
66.9 	examiner for warehouse operators who choose to have it performed
66.10 	by the commissioner.
66.11 	(d) A penalty amount not to exceed ten percent of the fees
66.12 	due may be imposed by the commissioner for each month for which
66.13 	the fees are delinquent.

66.14 	Sec. 88. Minnesota Statutes 2004, section 236.02,
66.15 	subdivision 4, is amended to read:
66.16 		Subd. 4.Fees. The license fee is $140 for each home
66.17 	rule charter or statutory city or town in which a private grain
66.18 	warehouse is operated and which will be used to operate a grain
66.19 	bank.  A penalty amount not to exceed ten percent of the fees
66.20 	due may be imposed by the commissioner for each month for which
66.21 	the fees are delinquent.The license fee must be set by the
66.22 	commissioner in an amount sufficient to cover the costs of
66.23 	administering and enforcing this chapter.  Fees collected under
66.24 	this chapter must be paid into the grain buyers and storage
66.25 	account established in section 232.22.

66.26 	Sec. 89. Minnesota Statutes 2004, section 327.23,
66.27 	subdivision 2, is amended to read:
66.28 		Subd. 2.Manufactured home park. (a) The term
66.29 	"manufactured home park" shall not be construed to include:
66.30 	(1) manufactured homes, buildings, tents or other
66.31 	structures temporarily maintained by any individual or company
66.32 	on premises associated with a work project and used exclusively
66.33 	to house labor or other personnel occupied in such work project;
66.34 	or 
66.35 	(2) two or fewer manufactured homes maintained by an
66.36 	individual or company on premises associated with an
67.1 	agricultural operation in an area zoned agricultural, provided
67.2 	the homes:
67.3 	(i) are located within 100 yards of an existing residence
67.4 	on those premises;
67.5 	(ii) are used exclusively to house either family of the
67.6 	individual, at least one of whose members is engaged in
67.7 	agricultural work on the premises, or agricultural labor as
67.8 	defined in section 3121(g) of the Internal Revenue Code; and 
67.9 	(iii) meet the requirements of sections 327.31 to 327.35,
67.10 	and Minnesota Rules, chapter 1350, and parts 4630.0600, subpart
67.11 	1; 4630.0700; 4630.1200; 4630.3500; and 4715.0310.
67.12 	(b) The state Department of Health may by rule prescribe
67.13 	such sanitary facilities as it may deem necessary to provide for
67.14 	the sanitation of such structures and the safety of the
67.15 	occupants thereof.

67.16 	Sec. 90. Minnesota Statutes 2004, section 394.25,
67.17 	subdivision 3c, is amended to read:
67.18 		Subd. 3c.Feedlot zoning ordinances.  (a) A county
67.19 	proposing to adopt a new feedlot ordinance or amend an existing
67.20 	feedlot ordinance must notify the Pollution Control Agency and
67.21 	commissioner of agriculture at the beginning of the process, no
67.22 	later than the notice of the first hearing proposing to adopt or
67.23 	amend an ordinance purporting to address feedlots.
67.24 	(b) Prior to final approval of a feedlot ordinance, a
67.25 	county board may submit a copy of the proposed ordinance to the
67.26 	Pollution Control Agency and to the commissioner of agriculture
67.27 	and request review, comment, and preparation of recommendations
67.28 	on the environmental and agricultural effects from specific
67.29 	provisions in the ordinance.
67.30 	(c) The agencies' response to the county may include:
67.31 	(1) any recommendations for improvements in the ordinance;
67.32 	and 
67.33 	(2) the legal, social, economic, or scientific
67.34 	justification for each recommendation under clause (1).
67.35 	(d) At the request of the county board, the county must
67.36 	prepare a report on the environmental and agricultural economic 
68.1 	effects from specific provisions in the ordinance. Economic
68.2 	analysis must state whether the ordinance will affect the local
68.3 	economy and describe the kinds of businesses affected and the
68.4 	projected impact the proposal will have on those businesses.  To
68.5 	assist the county, the commissioner of agriculture, in
68.6 	cooperation with the Department of Employment and Economic
68.7 	Development, must develop a template for measuring local
68.8 	economic effects and make it available to the county.  The
68.9 	report must be submitted to the commissioners of employment and
68.10 	economic development and agriculture along with the proposed
68.11 	ordinance.
68.12 	(c) The report may include:
68.13 	(1) any recommendations for improvements in the ordinance;
68.14 	and 
68.15 	(2) the legal, social, economic, or scientific
68.16 	justification for each recommendation under clause (1).
68.17 	(d) (e) A local ordinance that contains a setback for new
68.18 	feedlots from existing residences must also provide for a new
68.19 	residence setback from existing feedlots located in areas zoned
68.20 	agricultural at the same distances and conditions specified in
68.21 	the setback for new feedlots, unless the new residence is built
68.22 	to replace an existing residence.  A county may grant a variance
68.23 	from this requirement under section 394.27, subdivision 7.

68.24 	Sec. 91. Minnesota Statutes 2004, section 462.355,
68.25 	subdivision 4, as amended by Laws 2005, chapter 41, section 17,
68.26 	is amended to read:
68.27 		Subd. 4.Interim ordinance. (a) If a municipality is
68.28 	conducting studies or has authorized a study to be conducted or
68.29 	has held or has scheduled a hearing for the purpose of
68.30 	considering adoption or amendment of a comprehensive plan or
68.31 	official controls as defined in section 462.352, subdivision 15,
68.32 	or if new territory for which plans or controls have not been
68.33 	adopted is annexed to a municipality, the governing body of the
68.34 	municipality may adopt an interim ordinance applicable to all or
68.35 	part of its jurisdiction for the purpose of protecting the
68.36 	planning process and the health, safety and welfare of its
69.1 	citizens.  The interim ordinance may regulate, restrict, or
69.2 	prohibit any use, development, or subdivision within the
69.3 	jurisdiction or a portion thereof for a period not to exceed one
69.4 	year from the date it is effective.
69.5 	(b) If a proposed interim ordinance purports to regulate,
69.6 	restrict, or prohibit activities relating to livestock
69.7 	production, a public hearing must be held following a ten-day
69.8 	notice given by publication in a newspaper of general
69.9 	circulation in the municipality before the interim ordinance
69.10 	takes effect.
69.11 	(c) The period of an interim ordinance applicable to an
69.12 	area that is affected by a city's master plan for a municipal
69.13 	airport may be extended for such additional periods as the
69.14 	municipality may deem appropriate, not exceeding a total
69.15 	additional period of 18 months.  In all other cases, no interim
69.16 	ordinance may halt, delay, or impede a subdivision that has been
69.17 	given preliminary approval, nor may any interim ordinance extend
69.18 	the time deadline for agency action set forth in section 15.99
69.19 	with respect to any application filed prior to the effective
69.20 	date of the interim ordinance.  The governing body of the
69.21 	municipality may extend the interim ordinance after a public
69.22 	hearing and written findings have been adopted based upon one or
69.23 	more of the conditions in clause (1), (2), or (3).  The public
69.24 	hearing must be held at least 15 days but not more than 30 days
69.25 	before the expiration of the interim ordinance, and notice of
69.26 	the hearing must be published at least ten days before the
69.27 	hearing.  The interim ordinance may be extended for the
69.28 	following conditions and durations, but, except as provided in
69.29 	clause (3), an interim ordinance may not be extended more than
69.30 	an additional 18 months:
69.31 	(1) up to an additional 120 days following the receipt of
69.32 	the final approval or review by a federal, state, or
69.33 	metropolitan agency when the approval is required by law and the
69.34 	review or approval has not been completed and received by the
69.35 	municipality at least 30 days before the expiration of the
69.36 	interim ordinance;
70.1 	(2) up to an additional 120 days following the completion
70.2 	of any other process required by a state statute, federal law,
70.3 	or court order, when the process is not completed at least 30
70.4 	days before the expiration of the interim ordinance; or
70.5 	(3) up to an additional one year if the municipality has
70.6 	not adopted a comprehensive plan under this section at the time
70.7 	the interim ordinance is enacted.

70.8 	Sec. 92. Minnesota Statutes 2004, section 462.357, is
70.9 	amended by adding a subdivision to read:
70.10 		Subd. 1g.Feedlot zoning controls. (a) A municipality
70.11 	proposing to adopt a new feedlot zoning control or to amend an
70.12 	existing feedlot zoning control must notify the Pollution
70.13 	Control Agency and commissioner of agriculture at the beginning
70.14 	of the process, no later than the date notice is given of the
70.15 	first hearing proposing to adopt or amend a zoning control
70.16 	purporting to address feedlots.
70.17 	(b) Prior to final approval of a feedlot zoning control,
70.18 	the governing body of a municipality may submit a copy of the
70.19 	proposed zoning control to the Pollution Control Agency and to
70.20 	the commissioner of agriculture and request review, comment, and
70.21 	recommendations on the environmental and agricultural effects
70.22 	from specific provisions in the ordinance.
70.23 	(c) The agencies' response to the municipality may include:
70.24 	(1) any recommendations for improvements in the ordinance;
70.25 	and 
70.26 	(2) the legal, social, economic, or scientific
70.27 	justification for each recommendation under clause (1).
70.28 	(d) At the request of the municipality's governing body,
70.29 	the municipality must prepare a report on the economic effects
70.30 	from specific provisions in the ordinance.  Economic analysis
70.31 	must state whether the ordinance will affect the local economy
70.32 	and describe the kinds of businesses affected and the projected
70.33 	impact the proposal will have on those businesses.  To assist
70.34 	the municipality, the commissioner of agriculture, in
70.35 	cooperation with the Department of Employment and Economic
70.36 	Development, must develop a template for measuring local
71.1 	economic effects and make it available to the municipality.  The
71.2 	report must be submitted to the commissioners of employment and
71.3 	economic development and agriculture along with the proposed
71.4 	ordinance.
71.5 	(e) A local ordinance that contains a setback for new
71.6 	feedlots from existing residences must also provide for a new
71.7 	residence setback from existing feedlots located in areas zoned
71.8 	agricultural at the same distances and conditions specified in
71.9 	the setback for new feedlots, unless the new residence is built
71.10 	to replace an existing residence.  A municipality may grant a
71.11 	variance from this requirement under section 462.358,
71.12 	subdivision 6.

71.13 	Sec. 93. TRANSFER OF FUNDS; DEPOSIT OF REPAYMENTS.
 71.14 	The remaining balances in the revolving accounts in
71.15 	Minnesota Statutes, sections 41B.046 and 41B.049, that are
71.16 	dedicated to rural finance authority loan programs under those
71.17 	sections, are transferred to the revolving loan account
71.18 	established in Minnesota Statutes, section 41B.06, on the
71.19 	effective date of this section.  All future receipts from
71.20 	value-added agricultural product loans and methane digester
71.21 	loans originated under Minnesota Statutes, sections 41B.046 and
71.22 	41B.049, must be deposited in the revolving loan account
71.23 	established in Minnesota Statutes, section 41B.06.

71.24 	Sec. 94. AGRICULTURAL NUTRIENT TASK FORCE.
 71.25 	(a) There is created an Agricultural Nutrient Task Force
71.26 	consisting of two members of the senate appointed by the chair
71.27 	of the senate Committee on Agriculture, Veterans and Gaming; two
71.28 	members of the house of representatives appointed by the chair
71.29 	of the house Committee on Agriculture and Rural Development; the
71.30 	commissioner of agriculture or the commissioner's designee; and
71.31 	15 public members appointed by the commissioner.  The public
71.32 	members must be broadly representative of the diverse range of
71.33 	persons interested in and knowledgeable about agricultural soil
71.34 	nutrients and must include representatives of agricultural crop
71.35 	growers, fertilizer retailers, soil nutrient consultants, and
71.36 	agricultural soil and nutrient researchers.  Public members of
72.1 	the task force must serve without compensation or reimbursement
72.2 	of personal expenses.
72.3 	(b) The commissioner of agriculture must convene the first
72.4 	meeting of the task force and must provide office support
72.5 	services to the task force as needed.  The task force may
72.6 	determine the date, location, and agenda of additional meetings.
72.7 	(c) The task force must review and make recommendations on
72.8 	at least the following topics and practices:
72.9 	(1) the need for research, education, and training in the
72.10 	selection and application of agricultural fertilizer and soil
72.11 	nutrients in the state;
72.12 	(2) the imposition of a tonnage fee on all agricultural
72.13 	fertilizer applied in Minnesota and the designated uses of the
72.14 	proceeds from the fee;
72.15 	(3) the desirability of amending statutes and rules that
72.16 	apply to the selection, purchase, storage, and application of
72.17 	agricultural fertilizer and soil nutrients, including the
72.18 	reasonableness of rules for their on-farm storage; and 
72.19 	(4) methods of inspection and monitoring for compliance
72.20 	with fertilizer regulations to protect against the theft of
72.21 	anhydrous ammonia for production of methamphetamine.
72.22 	(d) On behalf of the task force, not later than February
72.23 	15, 2006, the commissioner of agriculture shall prepare and
72.24 	deliver to the standing agriculture policy committees of the
72.25 	senate and the house of representatives a report and list of
72.26 	recommendations for changes in statutes and rules.
72.27 	(e) The task force expires June 30, 2006.

72.28 	EFFECTIVE DATE. This section is effective the day
72.29 	following final enactment.

72.30 	Sec. 95. STUDY; BIODIESEL FUEL FOR RESIDENTIAL,
72.31 	COMMERCIAL, AND INDUSTRIAL HEATING.
 72.32 	(a) From the money available to the commissioner of
72.33 	commerce for purposes of studies and technical assistance by the
72.34 	reliability administrator under Minnesota Statutes, section
72.35 	216C.052, and in conformity with the goals and directives of
72.36 	Minnesota Statutes, section 16B.325, the reliability
73.1 	administrator shall perform a comprehensive technical and
73.2 	economic analysis of the benefits to be derived from using
73.3 	biodiesel fuel as defined in Minnesota Statutes, section 239.77,
73.4 	subdivision 1, or biodiesel fuel blends, as a residential,
73.5 	commercial, and industrial heating fuel.  The analysis must
73.6 	consider blends ranging from B2 to B100.  No more than $25,000
73.7 	may be expended for the analysis.
73.8 	(b) Not later than March 15, 2007, the reliability
73.9 	administrator shall report the results of the study and analysis
73.10 	to the appropriate standing committees of the Minnesota senate
73.11 	and house of representatives.

73.12 	Sec. 96. CONTINUED SUPPORT FOR SUSTAINABLE AND ORGANIC
73.13 	AGRICULTURE.
 73.14 	The University of Minnesota is requested to continue
73.15 	providing support for sustainable and organic agriculture
73.16 	initiatives including, but not limited to, the alternative swine
73.17 	systems program.

73.18 	Sec. 97. REVISOR'S INSTRUCTION.
 73.19 	The revisor of statutes shall change cross-references in
73.20 	Minnesota Statutes and Minnesota Rules to reflect the amendments
73.21 	and repealers in this act and Minnesota Statutes, sections
73.22 	17.452, subdivision 5a; 35.153; and 35.155, as amended in this
73.23 	article.

73.24 	Sec. 98. REPEALER.
 73.25 	(a) Minnesota Statutes 2004, section 41B.046, subdivision
73.26 	3, is repealed effective the day following final enactment.
73.27 	(b) Minnesota Statutes 2004, sections 18B.065, subdivision
73.28 	5; and 19.64, subdivision 4a, are repealed.
73.29 	(c) Minnesota Statutes 2004, section 18H.02, subdivisions
73.30 	15 and 19, are repealed.
73.31 	(d) Minnesota Statutes 2004, section 17.983, subdivision 2,
73.32 	is repealed.
73.33 	(e) Minnesota Statutes 2004, section 35.0661, subdivision
73.34 	4, is repealed.
73.35 	(f) Minnesota Statutes 2004, sections 17.451; and 17.452,
73.36 	subdivisions 6, 6a, 7, 10, 11, 12, 13, 13a, 14, 15, and 16, are
74.1 	repealed.

74.2 	ARTICLE 2
74.3 	ENVIRONMENT AND NATURAL RESOURCES

74.4 	Section 1. ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.
 74.5 	The sums shown in the columns marked "APPROPRIATIONS" are
74.6 	appropriated from the general fund, or another named fund, to
74.7 	the agencies and for the purposes specified in this article, to
74.8 	be available for the fiscal years indicated for each purpose.
74.9 	The figures "2006" and "2007," where used in this article, mean
74.10 	that the appropriation or appropriations listed under them are
74.11 	available for the fiscal year ending June 30, 2006, or June 30,
74.12 	2007, respectively.  The term "the first year" means the year
74.13 	ending June 30, 2006, and the term "the second year" means the
74.14 	year ending June 30, 2007.
74.15 	SUMMARY BY FUND
74.16 	2006          2007           TOTAL
74.17 	General            $  113,313,000 $  111,865,000 $  225,178,000
74.18 	State Government
74.19 	Special Revenue            48,000         48,000         96,000
74.20 	Environmental          56,031,000     56,338,000    112,369,000
74.21 	Natural Resources      68,443,000     68,671,000    137,114,000
74.22 	Game and Fish          86,928,000     87,773,000    174,701,000
74.23 	Remediation            11,504,000     11,504,000     23,008,000
74.24 	Permanent School          200,000        200,000        400,000
74.25 	State Land and Water Conservation
74.26 	Account (LAWCON)        1,600,000         -0-         1,600,000
74.27 	Environment and Natural Resources
74.28 	Trust Fund             18,829,000     18,829,000     37,658,000
74.29 	Great Lakes Protection
74.30 	Account                  28,000           -0-            28,000
74.31 	TOTAL              $  356,924,000 $  355,228,000 $  712,152,000
74.32 	APPROPRIATIONS
74.33 	                                       Available for the Year
74.34 	                                           Ending June 30
74.35 	                                          2006         2007

74.36 	Sec. 2. POLLUTION CONTROL
74.37 	AGENCY
 74.38 		Subdivision 1.Total
74.39 	Appropriation                     $   78,836,000 $  79,154,000
74.40 	Summary by Fund
75.1 	General              11,353,000    11,364,000
75.2 	State Government
75.3 	Special Revenue          48,000        48,000
75.4 	Environmental        56,031,000    56,338,000
75.5 	Remediation          11,404,000    11,404,000
75.6 	The amounts that may be spent from this
75.7 	appropriation for each program are
75.8 	specified in the following subdivisions.
75.9 		Subd. 2.Water
75.10 	25,428,000     25,439,000
75.11 	Summary by Fund
75.12 	General               7,506,000     7,517,000
75.13 	State Government
75.14 	Special Revenue          48,000        48,000
75.15 	Environmental        17,874,000    17,874,000
75.16 	$2,348,000 the first year and
75.17 	$2,348,000 the second year are for the
75.18 	clean water partnership program.  Any
75.19 	balance remaining in the first year
75.20 	does not cancel and is available for
75.21 	the second year.  This appropriation
75.22 	may be used for grants to local units
75.23 	of government for the purpose of
75.24 	restoring impaired waters listed under
75.25 	section 303(d) of the federal Clean
75.26 	Water Act in accordance with adopted
75.27 	total maximum daily loads (TMDLs),
75.28 	including implementation of approved
75.29 	clean water partnership diagnostic
75.30 	study work plans that will assist in
75.31 	restoration of such impaired waters.
75.32 	$335,000 the first year and $335,000
75.33 	the second year are for community
75.34 	technical assistance and education,
75.35 	including grants and technical
75.36 	assistance to communities for local and
75.37 	basinwide water quality protection.
75.38 	$405,000 the first year and $405,000
75.39 	the second year are for individual
75.40 	sewage treatment system (ISTS)
75.41 	administration and grants.  Of this
75.42 	amount, $86,000 each year is for
75.43 	assistance to counties through grants
75.44 	for ISTS program administration.  Any
75.45 	unexpended balance in the first year
75.46 	does not cancel but is available in the
75.47 	second year.
75.48 	$480,000 the first year and $480,000
75.49 	the second year are from the
75.50 	environmental fund to address the need
75.51 	for continued increased activity in the
75.52 	areas of new technology review,
75.53 	technical assistance for local
75.54 	governments, and enforcement under
75.55 	Minnesota Statutes, sections 115.55 to
75.56 	115.58, and to complete the
75.57 	requirements of Laws 2003, chapter 128,
76.1 	article 1, sections 164 and 165.  Of
76.2 	this amount, $48,000 each year is for
76.3 	administration of individual septic
76.4 	tank fees, as provided in Minnesota
76.5 	Statutes, section 115.551.
76.6 	$2,324,000 the first year and
76.7 	$2,324,000 the second year must be
76.8 	distributed as grants to delegated
76.9 	counties to administer the county
76.10 	feedlot program.  Distribution of the
76.11 	funds must be conducted according to
76.12 	the following three-part formula:
76.13 	(1) Number of feedlots in the county:
76.14 	60 percent of the total appropriation
76.15 	must be distributed according to the
76.16 	number of feedlots that are required to
76.17 	be registered in the county.  Grants
76.18 	awarded under this clause must be
76.19 	matched with a combination of local
76.20 	cash and in-kind contributions.
76.21 	(2) Minimum program requirements:  25
76.22 	percent of the total appropriation must
76.23 	be distributed based on the county (i)
76.24 	conducting an annual number of
76.25 	inspections at feedlots that is equal
76.26 	to or greater than seven percent of the
76.27 	total number of registered feedlots
76.28 	that are required to be registered in
76.29 	the county; and (ii) meeting
76.30 	noninspection minimum program
76.31 	requirements as identified in the
76.32 	county feedlot workplan form.  Counties
76.33 	that do not meet the inspection
76.34 	requirement must not receive 50 percent
76.35 	of the eligible funding under this
76.36 	clause.  Counties must receive funding
76.37 	for noninspection requirements under
76.38 	this clause according to a scoring
76.39 	system checklist administered by the
76.40 	department.  The commissioner, in
76.41 	consultation with the Minnesota
76.42 	Association of County Feedlot Officers
76.43 	executive team, shall make a final
76.44 	decision regarding any appeal by a
76.45 	county regarding the terms and
76.46 	conditions of this clause.
76.47 	(3) Performance credits:  15 percent of
76.48 	the total appropriation must be
76.49 	distributed according to work that has
76.50 	been done by the counties during the
76.51 	fiscal year.  The amount must be
76.52 	determined by the number of performance
76.53 	credits a county accumulates during the
76.54 	year based on a performance credit
76.55 	matrix jointly agreed upon by the
76.56 	commissioner in consultation with the
76.57 	Minnesota Association of County Feedlot
76.58 	Officers executive team.  To receive an
76.59 	award under this clause the county must
76.60 	meet the requirements of clause (2)(i)
76.61 	and achieve 90 percent of the
76.62 	requirements according to clause
76.63 	(2)(ii) of the formula.  The rate of
76.64 	reimbursement per performance credit
76.65 	item must not exceed $200.
76.66 	Delegated counties are eligible for a
77.1 	minimum grant of $7,500.  To receive
77.2 	the full $7,500 amount a county must
77.3 	meet the requirements under clause (2)
77.4 	of the formula.  Nondelegated counties
77.5 	that apply for delegation shall receive
77.6 	a grant prorated according to the
77.7 	number of full quarters remaining in
77.8 	the program year from the date of
77.9 	commissioner approval of the
77.10 	delegation.  Funds for awards to any
77.11 	newly delegated counties must be made
77.12 	out of the appropriation reserved for
77.13 	clause (3) of the formula.  The
77.14 	commissioner, in consultation with the
77.15 	Minnesota Association of County Feedlot
77.16 	Officers executive team, may decide to
77.17 	use funds reserved for clause (3) of
77.18 	the formula in an amount not to exceed
77.19 	five percent of the total annual
77.20 	appropriation for initiatives to
77.21 	enhance existing delegated county
77.22 	feedlot programs, information and
77.23 	education, or technical assistance
77.24 	efforts to reduce feedlot-related
77.25 	pollution hazards.  Any funds remaining
77.26 	after distribution under clauses (1)
77.27 	and (2) of the formula must be
77.28 	transferred to clause (3) of the
77.29 	formula.  Any money remaining after the
77.30 	first year is available for the second
77.31 	year.
77.32 	Notwithstanding Minnesota Statutes,
77.33 	section 16A.28, the appropriations
77.34 	encumbered under contract on or before
77.35 	June 30, 2007, for clean water
77.36 	partnership, individual sewage
77.37 	treatment systems (ISTS), Minnesota
77.38 	River, total maximum daily loads
77.39 	(TMDLs), and local and basinwide water
77.40 	quality protection grants in this
77.41 	subdivision are available until June
77.42 	30, 2009.
77.43 		Subd. 3.Air
77.44 	9,297,000      9,604,000
77.45 	Summary by Fund
77.46 	Environmental         9,297,000     9,604,000
77.47 	Up to $150,000 the first year and
77.48 	$150,000 the second year may be
77.49 	transferred to the environmental fund
77.50 	for the small business environmental
77.51 	improvement loan program established in
77.52 	Minnesota Statutes, section 116.993.
77.53 	$200,000 the first year and $200,000
77.54 	the second year are from the
77.55 	environmental fund for a monitoring
77.56 	program under Minnesota Statutes,
77.57 	section 116.454.
77.58 	$125,000 the first year and $125,000
77.59 	the second year are from the
77.60 	environmental fund for monitoring
77.61 	ambient air for hazardous pollutants in
77.62 	the metropolitan area.
78.1 		Subd. 4.Land
78.2 	18,469,000     18,469,000
78.3 	Summary by Fund
78.4 	Environmental         7,065,000     7,065,000
78.5 	Remediation          11,404,000    11,404,000
78.6 	All money for environmental response,
78.7 	compensation, and compliance in the
78.8 	remediation fund not otherwise
78.9 	appropriated is appropriated to the
78.10 	commissioners of the Pollution Control
78.11 	Agency and the Department of
78.12 	Agriculture for purposes of Minnesota
78.13 	Statutes, section 115B.20, subdivision
78.14 	2, clauses (1), (2), (3), (6), and
78.15 	(7).  At the beginning of each fiscal
78.16 	year, the two commissioners shall
78.17 	jointly submit an annual spending plan
78.18 	to the commissioner of finance that
78.19 	maximizes the utilization of resources
78.20 	and appropriately allocates the money
78.21 	between the two agencies.  This
78.22 	appropriation is available until June
78.23 	30, 2007.
78.24 	$3,616,000 the first year and
78.25 	$3,616,000 the second year are from the
78.26 	petroleum tank fund to be transferred
78.27 	to the remediation fund for purposes of
78.28 	the leaking underground storage tank
78.29 	program to protect the land.
78.30 	$200,000 the first year and $200,000
78.31 	the second year are from the
78.32 	remediation fund to be transferred to
78.33 	the Department of Health for private
78.34 	water supply monitoring and health
78.35 	assessment costs in areas contaminated
78.36 	by unpermitted mixed municipal solid
78.37 	waste disposal facilities.
78.38 	In fiscal years 2006 and 2007, of the
78.39 	money appropriated from the remediation
78.40 	fund under Minnesota Statutes, section
78.41 	116.155, subdivision 2, at least
78.42 	$2,000,000 must be used for cleanup at
78.43 	Valentine Clark and Reserve Mining.
78.44 		Subd. 5.Multimedia
78.45 	4,305,000      4,305,000
78.46 	Summary by Fund
78.47 	General               2,264,000     2,264,000
78.48 	Environmental         2,041,000     2,041,000
78.49 		Subd. 6.Environmental Assistance
78.50 	19,754,000     19,754,000
78.51 	Summary by Fund
78.52 	Environmental        19,754,000    19,754,000
78.53 	$12,500,000 each year is from the
79.1 	environmental fund for SCORE block
79.2 	grants to counties.
79.3 	Any unencumbered grant and loan
79.4 	balances in the first year do not
79.5 	cancel but are available for grants and
79.6 	loans in the second year.
79.7 	All money deposited in the
79.8 	environmental fund for the metropolitan
79.9 	solid waste landfill fee in accordance
79.10 	with Minnesota Statutes, section
79.11 	473.843, and not otherwise
79.12 	appropriated, is appropriated for the
79.13 	purposes of Minnesota Statutes, section
79.14 	473.844.
79.15 	$119,000 the first year and $119,000
79.16 	the second year are for environmental
79.17 	assistance grants or loans under
79.18 	Minnesota Statutes, section 115A.0716.
79.19 	Notwithstanding Minnesota Statutes,
79.20 	section 16A.28, the appropriations
79.21 	encumbered under contract on or before
79.22 	June 30, 2007, for environmental
79.23 	assistance grants awarded under
79.24 	Minnesota Statutes, section 115A.0716,
79.25 	and for technical and research
79.26 	assistance under Minnesota Statutes,
79.27 	section 115A.152, technical assistance
79.28 	under Minnesota Statutes, section
79.29 	115A.52, and pollution prevention
79.30 	assistance under Minnesota Statutes,
79.31 	section 115D.04, are available until
79.32 	June 30, 2009.
79.33 		Subd. 7.Administrative Support
79.34 	1,583,000      1,583,000
79.35 	Summary by Fund
79.36 	General               1,583,000     1,583,000
79.37 	By December 1, 2005, the commissioner
79.38 	shall submit a report to the
79.39 	Environment and Natural Resources
79.40 	Policy and Finance Committees of the
79.41 	house and senate that provides a
79.42 	benchmarking matrix and analysis that
79.43 	compares the environmental review and
79.44 	permitting requirements for forest
79.45 	products and mining industry projects
79.46 	in Minnesota with requirements in other
79.47 	states and countries.  The matrix and
79.48 	analysis must include an assessment of
79.49 	whether the requirements in Minnesota
79.50 	and other relevant states and countries
79.51 	that have similar industries are more
79.52 	strict, less strict, or equivalent to
79.53 	requirements of the federal
79.54 	Environmental Protection Agency and
79.55 	requirements under the National
79.56 	Environmental Policy Act.
79.57 	The commissioner may transfer money
79.58 	from the environmental fund to the
79.59 	remediation fund as necessary for the
79.60 	purposes of the remediation fund under
79.61 	Minnesota Statutes, section 116.155,
80.1 	subdivision 2.

80.2 	Sec. 3. NATURAL RESOURCES
 80.3 		Subdivision 1.Total
80.4 	Appropriation                        226,157,000    225,980,000
80.5 	Summary by Fund
80.6 	General              75,681,000    74,431,000
80.7 	Natural Resources    63,248,000    63,476,000
80.8 	Game and Fish        86,928,000    87,773,000
80.9 	Remediation             100,000       100,000
80.10 	Permanent School        200,000       200,000
80.11 	The amounts that may be spent from this
80.12 	appropriation for each program are
80.13 	specified in the following subdivisions.
80.14 		Subd. 2.Land and Mineral Resources
80.15 	Management
80.16 	8,903,000      8,675,000
80.17 	Summary by Fund
80.18 	General               5,498,000     5,248,000
80.19 	Natural Resources     2,222,000     2,222,000
80.20 	Game and Fish           983,000     1,005,000
80.21 	Permanent School        200,000       200,000
80.22 	$275,000 the first year and $275,000
80.23 	the second year are for iron ore
80.24 	cooperative research, of which $137,500
80.25 	the first year and $137,500 the second
80.26 	year are available only as matched by
80.27 	$1 of nonstate money for each $1 of
80.28 	state money.  The match may be cash or
80.29 	in-kind.
80.30 	$86,000 the first year and $86,000 the
80.31 	second year are for minerals
80.32 	cooperative environmental research, of
80.33 	which $43,000 the first year and
80.34 	$43,000 the second year are available
80.35 	only as matched by $1 of nonstate money
80.36 	for each $1 of state money.  The match
80.37 	may be cash or in-kind.
80.38 	$2,046,000 the first year and
80.39 	$2,046,000 the second year are from the
80.40 	minerals management account in the
80.41 	natural resources fund for only the
80.42 	purposes specified in new Minnesota
80.43 	Statutes, section 93.2236, paragraph
80.44 	(c).  Of this amount, $1,526,000 the
80.45 	first year and $1,526,000 the second
80.46 	year are for mineral resource
80.47 	management, $420,000 the first year and
80.48 	$420,000 the second year are for
80.49 	projects to enhance future income and
80.50 	promote new opportunities, including
80.51 	value-added iron products, geological
80.52 	mapping, and mercury research, and
81.1 	$100,000 the first year and $100,000
81.2 	the second year are for environmental
81.3 	review and the processing of permits
81.4 	for mining projects that involve
81.5 	state-owned mineral rights.  The
81.6 	appropriation is from the revenue
81.7 	deposited in the minerals management
81.8 	account under Minnesota Statutes,
81.9 	section 93.22, subdivision 1, paragraph
81.10 	(b).  $100,000 each year is a onetime
81.11 	appropriation.
81.12 	$150,000 the first year and $150,000
81.13 	the second year are from the state
81.14 	forest suspense account in the
81.15 	permanent school fund to accelerate
81.16 	land exchanges, land sales, and
81.17 	commercial leasing of school trust
81.18 	lands.  This appropriation is to be
81.19 	used toward meeting the provisions of
81.20 	Minnesota Statutes, section 92.121, to
81.21 	exchange school trust lands or put
81.22 	alternatives in effect when management
81.23 	practices have diminished or prohibited
81.24 	revenue generation, and the direction
81.25 	of Minnesota Statutes, section 127A.31,
81.26 	to secure maximum long-term economic
81.27 	return from the school trust lands
81.28 	consistent with fiduciary
81.29 	responsibilities and sound natural
81.30 	resources conservation and management
81.31 	principles.
81.32 	$50,000 the first year and $50,000 the
81.33 	second year are from the state forest
81.34 	suspense account in the permanent
81.35 	school fund to identify, evaluate, and
81.36 	lease construction aggregate located on
81.37 	school trust lands.
81.38 	$250,000 the first year is for a grant
81.39 	to the Board of Regents of the
81.40 	University of Minnesota to drill a
81.41 	5,000 foot core sampling bore hole at
81.42 	the Tower-Soudan mine complex in
81.43 	support of a National Science
81.44 	Foundation grant.  This is a onetime
81.45 	appropriation
81.46 		Subd. 3.Water Resources Management
81.47 	11,092,000     11,092,000
81.48 	Summary by Fund
81.49 	General              10,812,000    10,812,000
81.50 	Natural Resources       280,000       280,000
81.51 	$210,000 the first year and $210,000
81.52 	the second year are for grants
81.53 	associated with the implementation of
81.54 	the Red River mediation agreement.
81.55 	$65,000 the first year and $65,000 the
81.56 	second year are for a grant to the
81.57 	Mississippi Headwaters Board for up to
81.58 	50 percent of the cost of implementing
81.59 	the comprehensive plan for the upper
81.60 	Mississippi within areas under its
81.61 	jurisdiction.
82.1 	$5,000 the first year and $5,000 the
82.2 	second year are for payment to the
82.3 	Leech Lake Band of Chippewa Indians to
82.4 	implement its portion of the
82.5 	comprehensive plan for the upper
82.6 	Mississippi.
82.7 	$125,000 the first year and $125,000
82.8 	the second year are for the
82.9 	construction of ring dikes under
82.10 	Minnesota Statutes, section 103F.161.
82.11 	The ring dikes may be publicly or
82.12 	privately owned.  Any unencumbered
82.13 	balance does not cancel at the end of
82.14 	the first year and is available for the
82.15 	second year.
82.16 		Subd. 4.Forest Management
82.17 	35,526,000     35,126,000
82.18 	Summary by Fund
82.19 	General              24,961,000    24,561,000
82.20 	Natural Resources    10,315,000    10,315,000
82.21 	Game and Fish           250,000       250,000
82.22 	$7,217,000 the first year and
82.23 	$7,217,000 the second year are for
82.24 	prevention, presuppression, and
82.25 	suppression costs of emergency
82.26 	firefighting and other costs incurred
82.27 	under Minnesota Statutes, section
82.28 	88.12.  If the appropriation for either
82.29 	year is insufficient to cover all costs
82.30 	of presuppression and suppression, the
82.31 	amount necessary to pay for these costs
82.32 	during the biennium is appropriated
82.33 	from the general fund.  By November 15
82.34 	of each year, the commissioner of
82.35 	natural resources shall submit a report
82.36 	to the chairs of the house of
82.37 	representatives Ways and Means
82.38 	Committee, the senate Finance
82.39 	Committee, the Environment and
82.40 	Agriculture Budget Division of the
82.41 	senate Finance Committee, and the house
82.42 	of representatives Agriculture,
82.43 	Environment and Natural Resources
82.44 	Finance Committee, identifying all
82.45 	firefighting costs incurred and
82.46 	reimbursements received in the prior
82.47 	fiscal year.  These appropriations may
82.48 	not be transferred.  Any reimbursement
82.49 	of firefighting expenditures made to
82.50 	the commissioner from any source other
82.51 	than federal mobilizations shall be
82.52 	deposited into the general fund.
82.53 	$10,315,000 the first year and
82.54 	$10,315,000 the second year are from
82.55 	the forest management investment
82.56 	account in the natural resources fund
82.57 	for only the purposes specified in
82.58 	Minnesota Statutes, section 89.039,
82.59 	subdivision 2.
82.60 	$730,000 the first year and $730,000
82.61 	the second year are for the Forest
83.1 	Resources Council for implementation of
83.2 	the Sustainable Forest Resources Act.
83.3 	$350,000 the first year and $350,000
83.4 	the second year are for the FORIST
83.5 	Timber Management Information System
83.6 	and for increased forestry management.
83.7 	The amount in the second year is also
83.8 	available in the first year.
83.9 	$250,000 the first year and $250,000
83.10 	the second year are from the game and
83.11 	fish fund to implement Ecological
83.12 	Classification Systems (ECS) standards
83.13 	on forested landscapes.  This
83.14 	appropriation is from revenue deposited
83.15 	in the game and fish fund under
83.16 	Minnesota Statutes, section 297A.94,
83.17 	paragraph (e), clause (1).
83.18 	$400,000 the first year is for grants
83.19 	to the Natural Resources Research
83.20 	Institute for silvicultural research to
83.21 	improve the quality and quantity of
83.22 	timber fiber.  The appropriation must
83.23 	be matched in the amount of $400,000,
83.24 	in cash or in-kind contributions, from
83.25 	the forest products industry members of
83.26 	the Minnesota Forest Productivity
83.27 	Research Cooperative.  This is a
83.28 	onetime appropriation.
83.29 		Subd. 5.Parks and Recreation
83.30 	Management
83.31 	33,001,000     33,161,000
83.32 	Summary by Fund
83.33 	General              19,279,000    19,279,000
83.34 	Natural Resources    13,722,000    13,882,000
83.35 	$640,000 the first year and $640,000
83.36 	the second year are from the water
83.37 	recreation account in the natural
83.38 	resources fund for state park water
83.39 	access projects.
83.40 	$3,811,000 the first year and
83.41 	$3,971,000 the second year are from the
83.42 	natural resources fund for state park
83.43 	and recreation area operations.  This
83.44 	appropriation is from the revenue
83.45 	deposited in the natural resources fund
83.46 	under Minnesota Statutes, section
83.47 	297A.94, paragraph (e), clause (2).
83.48 		Subd. 6.Trails and Waterways
83.49 	Management
83.50 	26,971,000     26,660,000
83.51 	Summary by Fund
83.52 	General               1,684,000     1,284,000
83.53 	Natural Resources    23,196,000    23,289,000
83.54 	Game and Fish         2,091,000     2,087,000
84.1 	$7,224,000 the first year and
84.2 	$7,224,000 the second year are from the
84.3 	snowmobile trails and enforcement
84.4 	account in the natural resources fund
84.5 	for snowmobile grants-in-aid.  The
84.6 	additional money under this item may be
84.7 	used for new grant-in-aid trails.  Any
84.8 	unencumbered balance does not cancel at
84.9 	the end of the first year and is
84.10 	available for the second year.
84.11 	$925,000 the first year and $825,000
84.12 	the second year are from the natural
84.13 	resources fund for off-highway vehicle
84.14 	grants-in-aid.  Of this amount,
84.15 	$575,000 each year is from the
84.16 	all-terrain vehicle account; $150,000
84.17 	each year is from the off-highway
84.18 	motorcycle account; and $200,000 the
84.19 	first year and $100,000 the second year
84.20 	are from the off-road vehicle account.
84.21 	Any unencumbered balance does not
84.22 	cancel at the end of the first year and
84.23 	is available for the second year.
84.24 	$261,000 the first year and $261,000
84.25 	the second year are from the water
84.26 	recreation account in the natural
84.27 	resources fund for a safe harbor
84.28 	program on Lake Superior.
84.29 	$742,000 the first year and $760,000
84.30 	the second year are from the natural
84.31 	resources fund for state trail
84.32 	operations.  This appropriation is from
84.33 	the revenue deposited in the natural
84.34 	resources fund under Minnesota
84.35 	Statutes, section 297A.94, paragraph
84.36 	(e), clause (2).
84.37 	$655,000 the first year and $655,000
84.38 	the second year are from the natural
84.39 	resources fund for trail grants to
84.40 	local units of government on land to be
84.41 	maintained for at least 20 years for
84.42 	the purposes of the grant.  This
84.43 	appropriation is from the revenue
84.44 	deposited in the natural resources fund
84.45 	under Minnesota Statutes, section
84.46 	297A.94, paragraph (e), clause (4).
84.47 	By June 30, 2007, the department shall
84.48 	establish a boat launch and ramp at
84.49 	Horseshoe Bay in Cook County, and
84.50 	rehabilitate the historic fishing pier
84.51 	on Dower Lake in Todd County.
84.52 	$1,600,000 the first year and
84.53 	$1,900,000 the second year are from the
84.54 	water recreation account in the natural
84.55 	resources fund for the acquisition,
84.56 	development, maintenance, and
84.57 	rehabilitation of existing sites for
84.58 	public access and boating facilities on
84.59 	public waters.  This money is from the
84.60 	watercraft license fee increases in
84.61 	this act.
84.62 	$100,000 the first year is for a grant
84.63 	to the Duluth Port Authority to
84.64 	determine the cause of freshwater
85.1 	corrosion of harbor sheet piling,
85.2 	provided these state funds are matched
85.3 	on a dollar-for-dollar basis by
85.4 	nonstate funds.  This is a onetime
85.5 	appropriation.
85.6 	$300,000 is for a grant to the St.
85.7 	Louis and Lake Counties Regional
85.8 	Railroad Authority to complete
85.9 	constructing, furnishing, and equipping
85.10 	Mesabi Station along the 132-mile
85.11 	recreational trail known as Mesabi
85.12 	Trail and located at the intersection
85.13 	of U.S. Highway 53 and marked Trunk
85.14 	Highway 37.  This appropriation is
85.15 	dependent upon a matching contribution
85.16 	of $800,000 from other sources, public
85.17 	or private.  This is a onetime
85.18 	appropriation.
85.19 	$75,000 the first year is from the
85.20 	all-terrain vehicle account in the
85.21 	natural resources fund for a study to
85.22 	determine the amount of gasoline used
85.23 	each year by all-terrain vehicle riders
85.24 	in the state, except for riders with
85.25 	vehicles registered for private use.
85.26 	The commissioners of natural resources,
85.27 	revenue, and transportation shall
85.28 	jointly determine the amount of
85.29 	unrefunded gasoline tax attributable to
85.30 	all-terrain vehicle use in the state
85.31 	and shall report to the legislature by
85.32 	March 1, 2006, with an appropriate
85.33 	proposed revision to Minnesota
85.34 	Statutes, section 296A.18.
85.35 	$50,000 is appropriated from the
85.36 	all-terrain vehicle account in the
85.37 	natural resources fund to the
85.38 	commissioner of natural resources for
85.39 	fiscal year 2006 for a feasibility
85.40 	study on the use of all-terrain
85.41 	vehicles on the North Shore Trail.  All
85.42 	data and information compiled for this
85.43 	study may be used in any future master
85.44 	trail plan revision.  The study shall
85.45 	be reported back to the house and
85.46 	senate environment committee chairs by
85.47 	March 1, 2006.
85.48 	The appropriation in Laws 2003, chapter
85.49 	128, article 1, section 5, subdivision
85.50 	6, from the water recreation account in
85.51 	the natural resources fund for a
85.52 	cooperative project with the United
85.53 	States Army Corps of Engineers to
85.54 	develop the Mississippi Whitewater Park
85.55 	is available until June 30, 2007.
85.56 	By February 15, 2006, the commissioner
85.57 	shall report to the senate Environment,
85.58 	Agriculture and Economic Development
85.59 	Budget Division and the house
85.60 	Environment, Natural Resources, and
85.61 	Agriculture Finance Committees on the
85.62 	management and operational
85.63 	responsibilities for the Mississippi
85.64 	Whitewater Park authorized by Minnesota
85.65 	Statutes, section 85.0156.  The report
85.66 	shall identify who the potential
86.1 	operators, owners, and managers of the
86.2 	park will be as well as related issues.
86.3 		Subd. 7.Fish and Wildlife Management
86.4 	62,688,000     62,866,000
86.5 	Summary by Fund
86.6 	General               2,166,000     1,966,000
86.7 	Natural Resources     1,740,000     1,740,000
86.8 	Game and Fish        58,782,000    59,160,000
86.9 	$407,000 the first year and $412,000
86.10 	the second year are for resource
86.11 	population surveys in the 1837 treaty
86.12 	area.  Of this amount, $265,000 the
86.13 	first year and $270,000 the second year
86.14 	are from the game and fish fund.
86.15 	$3,013,000 the first year and
86.16 	$3,013,000 the second year are from the
86.17 	wildlife acquisition surcharge account
86.18 	for only the purposes specified in
86.19 	Minnesota Statutes, section 97A.071,
86.20 	subdivision 2a.  This appropriation is
86.21 	available until spent.
86.22 	$7,233,000 the first year and
86.23 	$7,233,000 the second year are from the
86.24 	heritage enhancement account in the
86.25 	game and fish fund for only the
86.26 	purposes specified in Minnesota
86.27 	Statutes, section 297A.94, paragraph
86.28 	(e), clause (1).
86.29 	Notwithstanding Minnesota Statutes,
86.30 	section 84.943, $13,000 the first year
86.31 	and $13,000 the second year from the
86.32 	critical habitat private sector
86.33 	matching account may be used to
86.34 	publicize the critical habitat license
86.35 	plate match program.
86.36 	Notwithstanding Minnesota Statutes,
86.37 	section 297A.94, this appropriation may
86.38 	be used for hunter recruitment and
86.39 	retention and public land user
86.40 	facilities.
86.41 	$1,030,000 the first year and $880,000
86.42 	the second year are from the trout and
86.43 	salmon management account for only the
86.44 	purposes specified in Minnesota
86.45 	Statutes, section 97A.075, subdivision
86.46 	3.
86.47 	$1,411,000 the first year and
86.48 	$1,411,000 the second year are from the
86.49 	deer habitat improvement account for
86.50 	only the purposes specified in
86.51 	Minnesota Statutes, section 97A.075,
86.52 	subdivision 1, paragraph (b).
86.53 	$397,000 the first year and $397,000
86.54 	the second year are from the deer and
86.55 	bear management account for only the
86.56 	purposes specified in Minnesota
86.57 	Statutes, section 97A.075, subdivision
87.1 	1, paragraph (c).
87.2 	$851,000 the first year and $851,000
87.3 	the second year are from the waterfowl
87.4 	habitat improvement account for only
87.5 	the purposes specified in Minnesota
87.6 	Statutes, section 97A.075, subdivision
87.7 	2.
87.8 	$890,000 the first year and $890,000
87.9 	the second year are from the pheasant
87.10 	habitat improvement account for only
87.11 	the purposes specified in Minnesota
87.12 	Statutes, section 97A.075, subdivision
87.13 	4.
87.14 	$142,000 the first year and $142,000
87.15 	the second year are from the wild
87.16 	turkey management account for only the
87.17 	purposes specified in Minnesota
87.18 	Statutes, section 97A.075, subdivision
87.19 	5.  Of this amount, $8,000 the first
87.20 	year and $8,000 the second year are
87.21 	appropriated from the game and fish
87.22 	fund for transfer to the wild turkey
87.23 	management account for purposes
87.24 	specified in Minnesota Statutes,
87.25 	section 97A.075, subdivision 5.
87.26 	$200,000 the first year is for
87.27 	coordination and implementation of the
87.28 	roadsides for wildlife program,
87.29 	including roadside wildlife management
87.30 	training for road managers and adjacent
87.31 	landowners, development of local
87.32 	partnerships to maximize roadside
87.33 	habitat benefits, identification and
87.34 	cataloguing of existing and needed
87.35 	technical resources, and development of
87.36 	a steering group to monitor the
87.37 	progress of the program and identify
87.38 	and resolve issues of concern for
87.39 	wildlife management in roadsides.  This
87.40 	is a onetime appropriation.
87.41 	Notwithstanding Minnesota Statutes,
87.42 	section 297A.94, paragraph (e), clause
87.43 	(1), $325,000 is from the revenue
87.44 	deposited to the game and fish fund
87.45 	under Minnesota Statutes, section
87.46 	297A.94, paragraph (e), clause (1), for
87.47 	a grant to "Let's Go Fishing" of
87.48 	Minnesota to promote opportunities for
87.49 	fishing.  The grant recipient must
87.50 	report back to the commissioner by
87.51 	February 1, 2006, on the use and
87.52 	results of the appropriation.  This is
87.53 	a onetime appropriation.
87.54 	Notwithstanding Minnesota Statutes,
87.55 	section 16A.28, the appropriations
87.56 	encumbered under contract on or before
87.57 	June 30, 2007, for aquatic restoration
87.58 	grants and wildlife habitat grants are
87.59 	available until June 30, 2008.
87.60 		Subd. 8.Ecological Services
87.61 	10,196,000     10,235,000
87.62 	Summary by Fund
88.1 	General               3,275,000     3,275,000
88.2 	Natural Resources     3,215,000     3,215,000
88.3 	Game and Fish         3,706,000     3,745,000
88.4 	$1,128,000 the first year and
88.5 	$1,128,000 the second year are from the
88.6 	nongame wildlife management account in
88.7 	the natural resources fund for the
88.8 	purpose of nongame wildlife management.
88.9 	Notwithstanding Minnesota Statutes,
88.10 	section 290.431, $100,000 the first
88.11 	year and $100,000 the second year may
88.12 	be used for nongame information,
88.13 	education, and promotion.
88.14 	$477,000 the first year and $477,000
88.15 	the second year are for the reinvest in
88.16 	Minnesota programs of game and fish,
88.17 	critical habitat, and wetlands
88.18 	established under Minnesota Statutes,
88.19 	section 84.95, subdivision 2.
88.20 	$1,588,000 the first year and
88.21 	$1,588,000 the second year are from the
88.22 	heritage enhancement account in the
88.23 	game and fish fund for only the
88.24 	purposes specified in Minnesota
88.25 	Statutes, section 297A.94, paragraph
88.26 	(e), clause (1).
88.27 		Subd. 9.Enforcement
88.28 	28,492,000     28,817,000
88.29 	Summary by Fund
88.30 	General               3,106,000     3,106,000
88.31 	Natural Resources     6,963,000     6,938,000
88.32 	Game and Fish        18,323,000    18,673,000
88.33 	Remediation             100,000       100,000
88.34 	$1,082,000 the first year and
88.35 	$1,082,000 the second year are from the
88.36 	water recreation account in the natural
88.37 	resources fund for grants to counties
88.38 	for boat and water safety.
88.39 	$100,000 the first year and $100,000
88.40 	the second year are from the
88.41 	remediation fund for solid waste
88.42 	enforcement activities under Minnesota
88.43 	Statutes, section 116.073.
88.44 	$315,000 the first year and $315,000
88.45 	the second year are from the snowmobile
88.46 	trails and enforcement account in the
88.47 	natural resources fund for grants to
88.48 	local law enforcement agencies for
88.49 	snowmobile enforcement activities.
88.50 	The unexpended balance of money from
88.51 	Laws 1999, chapter 231, section 5,
88.52 	subdivision 6, must be credited to the
88.53 	snowmobile trails and enforcement
88.54 	account and the appropriation for the
89.1 	repair of public trails damaged by
89.2 	snowmobiles shall be canceled.
89.3 	$1,164,000 the first year and
89.4 	$1,164,000 the second year are from the
89.5 	heritage enhancement account in the
89.6 	game and fish fund for only the
89.7 	purposes specified in Minnesota
89.8 	Statutes, section 297A.94, paragraph
89.9 	(e), clause (1).
89.10 	Overtime must be distributed to
89.11 	conservation officers at historical
89.12 	levels; however, a reasonable reduction
89.13 	or addition may be made to the
89.14 	officer's allocation, if justified,
89.15 	based on an individual officer's
89.16 	workload.  If funding for enforcement
89.17 	is reduced because of an unallotment,
89.18 	the overtime bank may be reduced in
89.19 	proportion to reductions made in other
89.20 	areas of the budget.
89.21 	$225,000 the first year and $225,000
89.22 	the second year are from the natural
89.23 	resources fund for grants to county law
89.24 	enforcement agencies for off-highway
89.25 	vehicle enforcement and public
89.26 	education activities based on
89.27 	off-highway vehicle use in the county.
89.28 	Of this amount, $213,000 each year is
89.29 	from the all-terrain vehicle account;
89.30 	$11,000 each year is from the
89.31 	off-highway motorcycle account; and
89.32 	$1,000 each year is from the off-road
89.33 	vehicle account.  The county
89.34 	enforcement agencies may use money
89.35 	received under this appropriation to
89.36 	make grants to other local enforcement
89.37 	agencies within the county that have a
89.38 	high concentration of off-highway
89.39 	vehicle use.  Of this appropriation,
89.40 	$25,000 each year is for administration
89.41 	of these grants.
89.42 	$15,000 the first year is from the
89.43 	off-highway motorcycle account in the
89.44 	natural resources fund to produce an
89.45 	interactive CD-ROM training tool for
89.46 	the off-highway motorcycle education
89.47 	and training program under Minnesota
89.48 	Statutes, section 84.791.
89.49 	$15,000 the first year and $5,000 the
89.50 	second year are from the off-road
89.51 	vehicle account in the natural
89.52 	resources fund to establish the
89.53 	off-road vehicle environment and safety
89.54 	education and training program under
89.55 	Minnesota Statutes, section 84.8015.
89.56 		Subd. 10.Operations Support
89.57 	9,288,000      9,348,000
89.58 	Summary by Fund
89.59 	General               4,900,000     4,900,000
89.60 	Natural Resources     1,595,000     1,595,000
90.1 	Game and Fish         2,793,000     2,853,000
90.2 	$270,000 the first year and $270,000
90.3 	the second year are from the natural
90.4 	resources fund for grants to be divided
90.5 	equally between the city of St. Paul
90.6 	for the Como Zoo and Conservatory and
90.7 	the city of Duluth Zoo.  This
90.8 	appropriation is from the revenue
90.9 	deposited to the fund under Minnesota
90.10 	Statutes, section 297A.94, paragraph
90.11 	(e), clause (5).

90.12 	Sec. 4. MINNESOTA
90.13 	CONSERVATION CORPS                       840,000        840,000
 90.14 	Summary by Fund
90.15 	General                 350,000       350,000
90.16 	Natural Resources       490,000       490,000
90.17 	The Minnesota Conservation Corps may
90.18 	receive money appropriated from the
90.19 	natural resources fund under this
90.20 	section only as provided in an
90.21 	agreement with the commissioner of
90.22 	natural resources.

90.23 	Sec. 5. BOARD OF WATER
90.24 	AND SOIL RESOURCES                    15,440,000     15,231,000
 90.25 	$4,102,000 the first year and
90.26 	$4,102,000 the second year are for
90.27 	natural resources block grants to local
90.28 	governments.
90.29 	The board may reduce the amount of the
90.30 	natural resources block grant to a
90.31 	county by an amount equal to any
90.32 	reduction in the county's general
90.33 	services allocation to a soil and water
90.34 	conservation district from the county's
90.35 	previous year allocation when the board
90.36 	determines that the reduction was
90.37 	disproportionate.
90.38 	Grants must be matched with a
90.39 	combination of local cash or in-kind
90.40 	contributions.  The base grant portion
90.41 	related to water planning must be
90.42 	matched by an amount that would be
90.43 	raised by a levy under Minnesota
90.44 	Statutes, section 103B.3369.
90.45 	$3,566,000 the first year and
90.46 	$3,566,000 the second year are for
90.47 	grants to soil and water conservation
90.48 	districts for general purposes,
90.49 	nonpoint engineering, and
90.50 	implementation of the reinvest in
90.51 	Minnesota conservation reserve
90.52 	program.  Upon approval of the board,
90.53 	expenditures may be made from these
90.54 	appropriations for supplies and
90.55 	services benefiting soil and water
90.56 	conservation districts.
90.57 	$3,285,000 the first year and
90.58 	$3,285,000 the second year are for
90.59 	grants to soil and water conservation
91.1 	districts for cost-sharing contracts
91.2 	for erosion control and water quality
91.3 	management.  For base grant allocations
91.4 	made prior to January 1, 2007, up to
91.5 	100 percent of this appropriation may
91.6 	be used for technical assistance.  Of
91.7 	this amount, at least $1,500,000 the
91.8 	first year and $1,500,000 the second
91.9 	year are for grants for cost-sharing
91.10 	contracts for water quality management
91.11 	on feedlots.
91.12 	Any balance in the board's cost share
91.13 	program that remains from the fiscal
91.14 	year 2005 appropriation is available in
91.15 	an amount of up to $15,000 for a grant
91.16 	to the Mower County Soil and Water
91.17 	Conservation District to create a small
91.18 	pond demonstration project in the Cedar
91.19 	River Watershed for purposes of water
91.20 	retention and flood control.  The Mower
91.21 	County Soil and Water Conservation
91.22 	District must seek other sources of
91.23 	funding, including federal and private
91.24 	sources, to ensure that the
91.25 	demonstration project is educational
91.26 	and complete.
91.27 	$100,000 the first year and $100,000
91.28 	the second year are for a grant to the
91.29 	Red River Basin Commission to develop a
91.30 	Red River basin plan and to coordinate
91.31 	water management activities in the
91.32 	states and provinces bordering the Red
91.33 	River.  The unencumbered balance in the
91.34 	first year does not cancel but is
91.35 	available for the second year.
91.36 	$105,000 the first year and $105,000
91.37 	the second year are for a grant to Area
91.38 	II, Minnesota River Basin Projects,
91.39 	Inc., for floodplain management,
91.40 	including administration of programs.
91.41 	If the appropriation in either year is
91.42 	insufficient, the appropriation in the
91.43 	other year is available for it.
91.44 	$109,000 the first year is for an
91.45 	implementation assessment of public
91.46 	drainage system buffers and their use,
91.47 	maintenance, and benefits.  The
91.48 	assessment must be done in consultation
91.49 	with farm groups, watershed districts,
91.50 	soil and water conservation districts,
91.51 	counties, and conservation
91.52 	organizations, as well as federal
91.53 	agencies implementing voluntary buffer
91.54 	programs.  The board shall report the
91.55 	results to the senate and house of
91.56 	representatives committees with
91.57 	jurisdiction over drainage systems by
91.58 	January 15, 2006.  This is a onetime
91.59 	appropriation.
91.60 	$100,000 the first year is for beaver
91.61 	damage control grants under new
91.62 	Minnesota Statutes, section 103F.950.
91.63 	This is a onetime appropriation.
91.64 	The appropriations for grants in this
91.65 	section are available until expended.
92.1 	If an appropriation for grants in
92.2 	either year is insufficient, the
92.3 	appropriation in the other year is
92.4 	available for it.

92.5 	Sec. 6. ZOOLOGICAL BOARD              6,574,000      6,574,000
 92.6 	Summary by Fund
92.7 	General               6,439,000     6,439,000
92.8 	Natural Resources       135,000       135,000
92.9 	$135,000 the first year and $135,000
92.10 	the second year are from the natural
92.11 	resources fund from the revenue
92.12 	deposited under Minnesota Statutes,
92.13 	section 297A.94, paragraph (e), clause
92.14 	(5).  This is a onetime appropriation.

92.15 	Sec. 7. SCIENCE MUSEUM
92.16 	OF MINNESOTA                             750,000        750,000

92.17 	Sec. 8. METROPOLITAN COUNCIL          7,870,000      7,870,000
 92.18 	Summary by Fund
92.19 	General                 3,300,000      3,300,000
92.20 	Natural Resources       4,570,000      4,570,000
92.21 	$3,300,000 the first year and
92.22 	$3,300,000 the second year are for
92.23 	metropolitan area regional parks
92.24 	maintenance and operations.
92.25 	$4,570,000 the first year and
92.26 	$4,570,000 the second year are from the
92.27 	natural resources fund for metropolitan
92.28 	area regional parks and trails
92.29 	maintenance and operations.  This
92.30 	appropriation is from the revenue
92.31 	deposited in the natural resources fund
92.32 	under Minnesota Statutes, section
92.33 	297A.94, paragraph (e), clause (3).

92.34 	Sec. 9. FUND TRANSFER
 92.35 	By June 30, 2007, the commissioner of
92.36 	the Pollution Control Agency shall
92.37 	transfer $1,459,000 from the
92.38 	environmental fund to the commissioner
92.39 	of finance for cancellation to the
92.40 	general fund.

92.41 	Sec. 10. MINNESOTA FUTURE
92.42 	RESOURCES FUND
 92.43 	By June 30, 2006, and by June 30, 2007,
92.44 	the commissioner of finance shall
92.45 	transfer any remaining unappropriated
92.46 	balance from the Minnesota future
92.47 	resources fund to the general fund.

92.48 	Sec. 11. MINNESOTA RESOURCES
 92.49 		Subdivision 1.Total
92.50 	Appropriation
92.51 	                                      20,457,000     18,829,000
92.52 	Summary by Fund
93.1 	State Land and Water Conservation
93.2 	Account (LAWCON)      1,600,000       -0-
93.3 	Environment and Natural Resources
93.4 	Trust Fund           18,829,000    18,829,000
93.5 	Great Lakes Protection
93.6 	Account                  28,000       -0-
93.7 	Appropriations from the LAWCON account
93.8 	and Great Lakes protection account are
93.9 	available for either year of the
93.10 	biennium.
93.11 	For appropriations from the environment
93.12 	and natural resources trust fund, any
93.13 	unencumbered balance remaining in the
93.14 	first year does not cancel and is
93.15 	available for the second year of the
93.16 	biennium.  Unless otherwise provided,
93.17 	the amounts in this section are
93.18 	available until June 30, 2007, when
93.19 	projects must be completed and final
93.20 	products delivered.
93.21 	Subd. 2.  Definitions
93.22 	(a) "State land and water conservation
93.23 	account (LAWCON)" means the state land
93.24 	and water conservation account in the
93.25 	natural resources fund referred to in
93.26 	Minnesota Statutes, section 116P.14.
93.27 	(b) "Great Lakes protection account"
93.28 	means the Great Lakes protection
93.29 	account referred to in Minnesota
93.30 	Statutes, section 116Q.02, subdivision
93.31 	1.
93.32 	(c) "Trust fund" means the Minnesota
93.33 	environment and natural resources trust
93.34 	fund referred to in Minnesota Statutes,
93.35 	section 116P.02, subdivision 6.
93.36 		Subd. 3.Administration                 524,000        525,000
93.37 	Summary by Fund
93.38 	Trust Fund              524,000       525,000
93.39 	(a) Legislative Commission on Minnesota Resources
93.40 	$449,000 the first year and $450,000
93.41 	the second year are from the trust fund
93.42 	for administration as provided in
93.43 	Minnesota Statutes, section 116P.09,
93.44 	subdivision 5.
93.45 	(b) Contract Administration
93.46 	$75,000 the first year and $75,000 the
93.47 	second year are from the trust fund to
93.48 	the commissioner of natural resources
93.49 	for contract administration activities
93.50 	assigned to the commissioner in this
93.51 	section.  This appropriation is
93.52 	available until June 30, 2008.
93.53 		Subd. 4.Citizen Advisory Committee      10,000         10,000
93.54 	Summary by Fund
94.1 	Trust Fund               10,000        10,000
94.2 	$10,000 the first year and $10,000 the
94.3 	second year are from the trust fund to
94.4 	the Legislative Commission on Minnesota
94.5 	Resources for expenses of the citizen
94.6 	advisory committee as provided in
94.7 	Minnesota Statutes, section 116P.06.
94.8 	Notwithstanding Minnesota Statutes,
94.9 	section 16A.281, the availability of
94.10 	$15,000 of the appropriation from Laws
94.11 	2003, chapter 128, article 1, section
94.12 	9, subdivision 4, advisory committee,
94.13 	is extended to June 30, 2007.
94.14 		Subd. 5.Fish and Wildlife Habitat    5,038,000      5,038,000
94.15 	Summary by Fund
94.16 	Trust Fund            5,038,000     5,038,000
94.17 	(a) Restoring Minnesota's Fish and Wildlife
94.18 	Habitat Corridors-Phase III
94.19 	$2,031,000 the first year and
94.20 	$2,031,000 the second year are from the
94.21 	trust fund to the commissioner of
94.22 	natural resources for the third
94.23 	biennium for acceleration of agency
94.24 	programs and cooperative agreements
94.25 	with Pheasants Forever, Minnesota Deer
94.26 	Hunters Association, Ducks Unlimited,
94.27 	Inc., National Wild Turkey Federation,
94.28 	the Nature Conservancy, Minnesota Land
94.29 	Trust, the Trust for Public Land,
94.30 	Minnesota Valley National Wildlife
94.31 	Refuge Trust, Inc., U.S. Fish and
94.32 	Wildlife Service, Red Lake Band of
94.33 	Chippewa, Leech Lake Band of Chippewa,
94.34 	Fond du Lac Band of Chippewa,
94.35 	USDA-Natural Resources Conservation
94.36 	Service, and the Board of Water and
94.37 	Soil Resources to plan, restore, and
94.38 	acquire fragmented landscape corridors
94.39 	that connect areas of quality habitat
94.40 	to sustain fish, wildlife, and plants.
94.41 	Expenditures are limited to the 11
94.42 	project areas as defined in the work
94.43 	program.  Land acquired with this
94.44 	appropriation must be sufficiently
94.45 	improved to meet at least minimum
94.46 	habitat and facility management
94.47 	standards as determined by the
94.48 	commissioner of natural resources.
94.49 	This appropriation may not be used for
94.50 	the purchase of residential structures,
94.51 	unless expressly approved in the work
94.52 	program.  Any land acquired in fee
94.53 	title by the commissioner of natural
94.54 	resources with money from this
94.55 	appropriation must be designated:  (1)
94.56 	as an outdoor recreation unit under
94.57 	Minnesota Statutes, section 86A.07; or
94.58 	(2) as provided in Minnesota Statutes,
94.59 	sections 89.018, subdivision 2,
94.60 	paragraph (a); 97A.101; 97A.125;
94.61 	97C.001; and 97C.011.  The commissioner
94.62 	may similarly designate any lands
94.63 	acquired in less than fee title.  This
94.64 	appropriation is available until June
94.65 	30, 2008, at which time the project
95.1 	must be completed and final products
95.2 	delivered, unless an earlier date is
95.3 	specified in the work program.
95.4 	(b) Metropolitan Area Wildlife
95.5 	Corridors-Phase II
95.6 	$1,765,000 the first year and
95.7 	$1,765,000 the second year are from the
95.8 	trust fund to the commissioner of
95.9 	natural resources for the second
95.10 	biennium for acceleration of agency
95.11 	programs and cooperative agreements
95.12 	with the Trust for Public Land, Ducks
95.13 	Unlimited, Inc., Friends of the
95.14 	Mississippi River, Great River
95.15 	Greening, Minnesota Land Trust,
95.16 	Minnesota Valley National Wildlife
95.17 	Refuge Trust, Inc., Pheasants Forever,
95.18 	Inc., and Friends of the Minnesota
95.19 	Valley for the purposes of planning,
95.20 	improving, and protecting important
95.21 	natural areas in the metropolitan
95.22 	region, as defined by Minnesota
95.23 	Statutes, section 473.121, subdivision
95.24 	2, and portions of the surrounding
95.25 	counties, through grants, contracted
95.26 	services, conservation easements, and
95.27 	fee acquisition.  Land acquired with
95.28 	this appropriation must be sufficiently
95.29 	improved to meet at least minimum
95.30 	management standards as determined by
95.31 	the commissioner of natural resources.
95.32 	Expenditures are limited to the
95.33 	identified project areas as defined in
95.34 	the work program.  This appropriation
95.35 	may not be used for the purchase of
95.36 	residential structures, unless
95.37 	expressly approved in the work
95.38 	program.  Any land acquired in fee
95.39 	title by the commissioner of natural
95.40 	resources with money from this
95.41 	appropriation must be designated:  (1)
95.42 	as an outdoor recreation unit under
95.43 	Minnesota Statutes, section 86A.07; or
95.44 	(2) as provided in Minnesota Statutes,
95.45 	sections 89.018, subdivision 2,
95.46 	paragraph (a); 97A.101; 97A.125;
95.47 	97C.001; and 97C.011.  The commissioner
95.48 	may similarly designate any lands
95.49 	acquired in less than fee title.  This
95.50 	appropriation is available until June
95.51 	30, 2008, at which time the project
95.52 	must be completed and final products
95.53 	delivered, unless an earlier date is
95.54 	specified in the work program.
95.55 	(c) Development of Scientific and Natural Areas
95.56 	$67,000 the first year and $67,000 the
95.57 	second year are from the trust fund to
95.58 	the commissioner of natural resources
95.59 	to develop and enhance lands designated
95.60 	as scientific and natural areas.  This
95.61 	appropriation is available until June
95.62 	30, 2008, at which time the project
95.63 	must be completed and final products
95.64 	delivered, unless an earlier date is
95.65 	specified in the work program.
95.66 	(d) Prairie Stewardship of Private Lands
96.1 	$50,000 the first year and $50,000 the
96.2 	second year are from the trust fund to
96.3 	the commissioner of natural resources
96.4 	to develop stewardship plans and
96.5 	implement prairie management on private
96.6 	prairie lands on a cost-share basis
96.7 	with private or federal funds.  This
96.8 	appropriation is available until June
96.9 	30, 2008, at which time the project
96.10 	must be completed and final products
96.11 	delivered, unless an earlier date is
96.12 	specified in the work program.
96.13 	(e) Local Initiative Grants-Conservation
96.14 	Partners and Environmental Partnerships
96.15 	$250,000 the first year and $250,000
96.16 	the second year are from the trust fund
96.17 	to the commissioner of natural
96.18 	resources to provide matching grants of
96.19 	up to $20,000 to local government and
96.20 	private organizations for enhancement,
96.21 	restoration, research, and education
96.22 	associated with natural habitat and
96.23 	environmental service projects.
96.24 	Subdivision 16 applies to grants
96.25 	awarded in the approved work program.
96.26 	This appropriation is available until
96.27 	June 30, 2008, at which time the
96.28 	project must be completed and final
96.29 	products delivered, unless an earlier
96.30 	date is specified in the work program.
96.31 	(f) Minnesota ReLeaf Community Forest
96.32 	Development and Protection
96.33 	$250,000 the first year and $250,000
96.34 	the second year are from the trust fund
96.35 	to the commissioner of natural
96.36 	resources for acceleration of the
96.37 	agency program and a cooperative
96.38 	agreement with Tree Trust to protect
96.39 	forest resources, develop
96.40 	inventory-based management plans, and
96.41 	provide matching grants to communities
96.42 	to plant native trees.  At least
96.43 	$390,000 of this appropriation must be
96.44 	used for grants to communities.  For
96.45 	the purposes of this paragraph, the
96.46 	match must be a nonstate contribution,
96.47 	but may be either cash or qualifying
96.48 	in-kind.  This appropriation is
96.49 	available until June 30, 2008, at which
96.50 	time the project must be completed and
96.51 	final projects delivered, unless an
96.52 	earlier date is specified in the work
96.53 	program.
96.54 	(g) Integrated and Pheromonal Control of
96.55 	Common Carp
96.56 	$275,000 the first year and $275,000
96.57 	the second year are from the trust fund
96.58 	to the University of Minnesota for the
96.59 	second biennium to research new options
96.60 	for controlling common carp.  This
96.61 	appropriation is available until June
96.62 	30, 2009, at which time the project
96.63 	must be completed and final products
96.64 	delivered, unless an earlier date is
96.65 	specified in the work program.
97.1 	(h) Biological Control of European Buckthorn
97.2 	and Garlic Mustard
97.3 	$100,000 the first year and $100,000
97.4 	the second year are from the trust fund
97.5 	to the commissioner of natural
97.6 	resources to research potential insects
97.7 	for biological control of invasive
97.8 	European buckthorn species for the
97.9 	second biennium and to introduce and
97.10 	evaluate insects for biological control
97.11 	of garlic mustard.  This appropriation
97.12 	is available until June 30, 2008, at
97.13 	which time the project must be
97.14 	completed and final products delivered,
97.15 	unless an earlier date is specified in
97.16 	the work program.
97.17 	(i) Land Exchange Revolving Fund for
97.18 	Aitkin, Cass, and Crow Wing Counties
97.19 	$250,000 the first year and $250,000
97.20 	the second year are from the trust fund
97.21 	to the commissioner of natural
97.22 	resources for an agreement with Aitkin
97.23 	County for a six-year revolving loan
97.24 	fund to improve public and private land
97.25 	ownership patterns, increase management
97.26 	efficiency, and protect critical
97.27 	habitat in Aitkin, Cass, and Crow Wing
97.28 	Counties.  By June 30, 2011, Aitkin
97.29 	County shall repay the $500,000 to the
97.30 	commissioner of finance for deposit in
97.31 	the environment and natural resources
97.32 	trust fund.
97.33 		Subd. 6.Recreation                   7,160,000      5,559,000
97.34 	Summary by Fund
97.35 	Trust Fund            5,560,000     5,559,000
97.36 	State Land and Water Conservation
97.37 	Account (LAWCON)      1,600,000       -0-
97.38 	(a) State Park and Recreation Area
97.39 	Land Acquisition
97.40 	$1,000,000 the first year and
97.41 	$1,000,000 the second year are from the
97.42 	trust fund to the commissioner of
97.43 	natural resources to acquire
97.44 	in-holdings for state park and
97.45 	recreation areas.  Land acquired with
97.46 	this appropriation must be sufficiently
97.47 	improved to meet at least minimum
97.48 	management standards as determined by
97.49 	the commissioner of natural resources.
97.50 	This appropriation is available until
97.51 	June 30, 2008, at which time the
97.52 	project must be completed and final
97.53 	products delivered, unless an earlier
97.54 	date is specified in the work program.
97.55 	(b) LAWCON Federal Reimbursements
97.56 	$1,600,000 is from the State Land and
97.57 	Water Conservation Account (LAWCON) in
97.58 	the natural resources fund to the
97.59 	commissioner of natural resources for
97.60 	priorities established by the
98.1 	commissioner for eligible state
98.2 	projects and administrative and
98.3 	planning activities consistent with
98.4 	Minnesota Statutes, section 116P.14,
98.5 	and the federal Land and Water
98.6 	Conservation Fund Act.  Subdivision 16
98.7 	applies to grants awarded in the
98.8 	approved work program.  This
98.9 	appropriation is contingent upon
98.10 	receipt of the federal obligation and
98.11 	remains available until June 30, 2008,
98.12 	at which time the project must be
98.13 	completed and final products delivered,
98.14 	unless an earlier date is specified in
98.15 	the work program.
98.16 	(c) State Park and Recreation Area
98.17 	Revenue-Enhancing Development
98.18 	$100,000 the first year and $100,000
98.19 	the second year are from the trust fund
98.20 	to the commissioner of natural
98.21 	resources to enhance revenue generation
98.22 	in the state's park and recreation
98.23 	system.
98.24 	(d) Best Management Practices for Parks
98.25 	and Outdoor Recreation
98.26 	$100,000 the first year and $100,000
98.27 	the second year are from the trust fund
98.28 	to the commissioner of natural
98.29 	resources for an agreement with the
98.30 	Minnesota Recreation and Park
98.31 	Association to develop and evaluate
98.32 	opportunities to more efficiently
98.33 	manage Minnesota's parks and outdoor
98.34 	recreation areas.
98.35 	(e) Metropolitan Regional Parks Acquisition,
98.36 	Rehabilitation, and Development
98.37 	$1,000,000 the first year and
98.38 	$1,000,000 the second year are from the
98.39 	trust fund to the Metropolitan Council
98.40 	for subgrants for the acquisition,
98.41 	development, and rehabilitation in the
98.42 	metropolitan regional park system,
98.43 	consistent with the Metropolitan
98.44 	Council regional recreation open space
98.45 	capital improvement plan.  This
98.46 	appropriation may not be used for the
98.47 	purchase of residential structures, may
98.48 	be used to reimburse implementing
98.49 	agencies for acquisition as expressly
98.50 	approved in the work program, and must
98.51 	be matched by at least 40 percent of
98.52 	nonstate money.  Subdivision 16 applies
98.53 	to grants awarded in the approved work
98.54 	program.  This appropriation is
98.55 	available until June 30, 2008, at which
98.56 	time the project must be completed and
98.57 	final products delivered, unless an
98.58 	earlier date is specified in the work
98.59 	program.  If a project financed under
98.60 	this program receives a federal grant
98.61 	award, the availability of the
98.62 	financing from this paragraph for that
98.63 	project is extended to equal the period
98.64 	of the federal grant.
99.1 	(f) Gitchi-Gami State Trail
99.2 	$250,000 the first year and $250,000
99.3 	the second year are from the trust fund
99.4 	to the commissioner of natural
99.5 	resources, in cooperation with the
99.6 	Gitchi-Gami Trail Association, for the
99.7 	fourth biennium, to design and
99.8 	construct approximately two miles of
99.9 	Gitchi-Gami State Trail segments.  This
99.10 	appropriation is available until June
99.11 	30, 2008, at which time the project
99.12 	must be completed and final products
99.13 	delivered.  If this project receives a
99.14 	federal grant award, the availability
99.15 	of the financing from this paragraph
99.16 	for the project is extended to equal
99.17 	the period of the federal grant.
99.18 	(g) Casey Jones State Trail
99.19 	$600,000 the first year and $600,000
99.20 	the second year are from the trust fund
99.21 	to the commissioner of natural
99.22 	resources in cooperation with the
99.23 	Friends of the Casey Jones Trail
99.24 	Association for land acquisition and
99.25 	development of the Casey Jones State
99.26 	Trail in southwest Minnesota.  This
99.27 	appropriation is available until June
99.28 	30, 2008, at which time the project
99.29 	must be completed and final products
99.30 	delivered.  If this project receives a
99.31 	federal grant award, the availability
99.32 	of the financing from this paragraph
99.33 	for the project is extended to equal
99.34 	the period of the federal grant.
99.35 	(h) Paul Bunyan State Trail Connection
99.36 	$200,000 the first year and $200,000
99.37 	the second year are from the trust fund
99.38 	to the commissioner of natural
99.39 	resources to acquire land to connect
99.40 	the Paul Bunyan State Trail within the
99.41 	city of Bemidji.
99.42 	(i) Minnesota River Trail Planning
99.43 	$100,000 the first year and $100,000
99.44 	the second year are from the trust fund
99.45 	to the commissioner of natural
99.46 	resources for an agreement with the
99.47 	University of Minnesota to provide
99.48 	trail planning assistance to three
99.49 	communities along the Minnesota River
99.50 	State Trail.
99.51 	(j) Local Initiative Grants-Parks and Natural Areas
99.52 	$600,000 the first year and $600,000
99.53 	the second year are from the trust fund
99.54 	to the commissioner of natural
99.55 	resources to provide matching grants to
99.56 	local governments for acquisition and
99.57 	development of natural and scenic areas
99.58 	and local parks as provided in
99.59 	Minnesota Statutes, section 85.019,
99.60 	subdivisions 2 and 4a, and regional
99.61 	parks outside of the metropolitan
99.62 	area.  Grants may provide up to 50
100.1 	percent of the nonfederal share of the
100.2 	project cost, except nonmetropolitan
100.3 	regional park grants may provide up to
100.4 	60 percent of the nonfederal share of
100.5 	the project cost.  $500,000 of this
100.6 	appropriation is for land acquisition
100.7 	for a proposed county regional park on
100.8 	Kraemer Lake in Stearns County.  The
100.9 	commission will monitor the grants for
100.10 	approximate balance over extended
100.11 	periods of time between the
100.12 	metropolitan area, under Minnesota
100.13 	Statutes, section 473.121, subdivision
100.14 	2, and the nonmetropolitan area through
100.15 	work program oversight and periodic
100.16 	allocation decisions.  For the purposes
100.17 	of this paragraph, the match must be a
100.18 	nonstate contribution, but may be
100.19 	either cash or qualifying in-kind.
100.20 	Recipients may receive funding for more
100.21 	than one project in any given grant
100.22 	period.  Subdivision 16 applies to
100.23 	grants awarded in the approved work
100.24 	program.  This appropriation is
100.25 	available until June 30, 2008, at which
100.26 	time the project must be completed and
100.27 	final products delivered.
100.28 	(k) Regional Park Planning for Nonmetropolitan
100.29 	Urban Areas
100.30 	$43,000 the first year and $43,000 the
100.31 	second year are from the trust fund to
100.32 	the commissioner of natural resources
100.33 	for an agreement with the University of
100.34 	Minnesota to develop a plan for a
100.35 	system of regional recreation areas for
100.36 	major outstate urban complexes in
100.37 	Minnesota.
100.38 	(l) Local and Regional Trail Grant Initiative Program
100.39 	$350,000 the first year and $350,000
100.40 	the second year are from the trust fund
100.41 	to the commissioner of natural
100.42 	resources to provide matching grants to
100.43 	local units of government for the cost
100.44 	of acquisition, development,
100.45 	engineering services, and enhancement
100.46 	of existing and new trail facilities.
100.47 	Subdivision 16 applies to grants
100.48 	awarded in the approved work program.
100.49 	This appropriation is available until
100.50 	June 30, 2008, at which time the
100.51 	project must be completed and final
100.52 	products delivered, unless an earlier
100.53 	date is specified in the work program.
100.54 	In addition, if a project financed
100.55 	under this program receives a federal
100.56 	grant award, the availability of the
100.57 	financing from this paragraph for that
100.58 	project is extended to equal the period
100.59 	of the federal grant.
100.60 	(m) Mesabi Trail
100.61 	$500,000 the first year and $500,000
100.62 	the second year are from the trust fund
100.63 	to the commissioner of natural
100.64 	resources for an agreement with St.
100.65 	Louis and Lake Counties Regional Rail
101.1 	Authority for the seventh biennium to
101.2 	acquire and develop segments for the
101.3 	Mesabi Trail.  This appropriation is
101.4 	available until June 30, 2008, at which
101.5 	time the project must be completed and
101.6 	final products delivered.  If this
101.7 	project receives a federal grant award,
101.8 	the availability of the financing from
101.9 	this paragraph for the project is
101.10 	extended to equal the period of the
101.11 	federal grant.
101.12 	(n) Cannon Valley Trail Belle Creek Bridge
101.13 	Replacement
101.14 	$150,000 the first year and $150,000
101.15 	the second year are from the trust fund
101.16 	to the commissioner of natural
101.17 	resources for an agreement with the
101.18 	Cannon Valley Trail Joint Powers Board
101.19 	for bridge replacement of the Belle
101.20 	Creek Bridge on the Cannon Valley
101.21 	Trail.  This appropriation must be
101.22 	matched by at least $44,000 of nonstate
101.23 	money.
101.24 	(o) Arrowhead Regional Bike Trail Connections Plan
101.25 	$42,000 the first year and $41,000 the
101.26 	second year are from the trust fund to
101.27 	the commissioner of natural resources
101.28 	for an agreement with the Arrowhead
101.29 	Regional Development Commission to
101.30 	analyze the Arrowhead's major bike
101.31 	trails and plan new trail connections.
101.32 	(p) Land Acquisition, Minnesota Landscape Arboretum
101.33 	$325,000 the first year and $325,000
101.34 	the second year are from the trust fund
101.35 	to the University of Minnesota for an
101.36 	agreement with the University of
101.37 	Minnesota Landscape Arboretum
101.38 	Foundation for the sixth biennium to
101.39 	acquire land from willing sellers.
101.40 	This appropriation must be matched by
101.41 	an equal amount of nonstate money.
101.42 	This appropriation is available until
101.43 	June 30, 2008, at which time the
101.44 	project must be completed and final
101.45 	products delivered, unless an earlier
101.46 	date is specified in the work program.
101.47 	(q) Development and Rehabilitation of Minnesota
101.48 	Shooting Ranges
101.49 	$150,000 the first year and $150,000
101.50 	the second year are from the trust fund
101.51 	to the commissioner of natural
101.52 	resources to provide technical
101.53 	assistance and matching grants to local
101.54 	communities and recreational shooting
101.55 	and archery clubs for the purpose of
101.56 	developing or rehabilitating shooting
101.57 	and archery facilities for public use.
101.58 	Recipient facilities must be open to
101.59 	the general public at reasonable times
101.60 	and for a reasonable fee on a walk-in
101.61 	basis.  This appropriation is available
101.62 	until June 30, 2008, at which time the
101.63 	project must be completed and final
102.1 	products delivered, unless an earlier
102.2 	date is specified in the work program.
102.3 	(r) Birding Maps
102.4 	$50,000 the first year and $50,000 the
102.5 	second year are from the trust fund to
102.6 	the commissioner of natural resources
102.7 	for an agreement with Audubon Minnesota
102.8 	to create a new birding trail guide for
102.9 	the North Shore/Arrowhead region and
102.10 	reprint and distribute guides for three
102.11 	existing birding trails.
102.12 		Subd. 7.Water Resources              3,027,000      3,000,000
102.13 	Summary by Fund
102.14 	Trust Fund            2,999,000     3,000,000
102.15 	Great Lakes Protection
102.16 	Account                                28,000
102.17 	(a) Local Water Management Matching Challenge Grants
102.18 	$500,000 the first year and $500,000
102.19 	the second year are from the trust fund
102.20 	to the Board of Water and Soil
102.21 	Resources to accelerate the local water
102.22 	management challenge grant program
102.23 	under Minnesota Statutes, sections
102.24 	103B.3361 to 103B.3369, through
102.25 	matching grants to implement high
102.26 	priority activities in state-approved
102.27 	comprehensive water management plans.
102.28 	For the purposes of this paragraph, the
102.29 	match must be a nonstate contribution,
102.30 	but may be either cash or qualifying
102.31 	in-kind.  The grants may be provided on
102.32 	an advance basis as specified in the
102.33 	work program.  This appropriation is
102.34 	available until June 30, 2008, at which
102.35 	time the project must be completed and
102.36 	final products delivered, unless an
102.37 	earlier date is specified in the work
102.38 	program.
102.39 	(b) Accelerating and Enhancing Surface Water
102.40 	Monitoring for Lakes and Streams
102.41 	$300,000 the first year and $300,000
102.42 	the second year are from the trust fund
102.43 	to the commissioner of the Pollution
102.44 	Control Agency for acceleration of
102.45 	agency programs and cooperative
102.46 	agreements with the Minnesota Lakes
102.47 	Association, Rivers Council of
102.48 	Minnesota, and the University of
102.49 	Minnesota to accelerate monitoring
102.50 	efforts through assessments, citizen
102.51 	training, and implementation grants.
102.52 	This appropriation is available until
102.53 	June 30, 2008, at which time the
102.54 	project must be completed and final
102.55 	products delivered, unless an earlier
102.56 	date is specified in the work program.
102.57 	(c) Effects of Land Retirements on the
102.58 	Minnesota River
102.59 	$150,000 the first year and $150,000
103.1 	the second year are from the trust fund
103.2 	to the Board of Water and Soil
103.3 	Resources for a cooperative agreement
103.4 	with the U.S. Geological Survey to
103.5 	evaluate effects of retired or
103.6 	set-aside agricultural lands on the
103.7 	water quality and aquatic habitat of
103.8 	streams in the Minnesota River Basin in
103.9 	order to enhance prioritization of
103.10 	future land retirements.  This
103.11 	appropriation must be matched by an
103.12 	equal amount of nonstate money.  This
103.13 	appropriation is available until June
103.14 	30, 2008, at which time the project
103.15 	must be completed and final products
103.16 	delivered, unless an earlier date is
103.17 	specified in the work program.
103.18 	(d) Recycling Treated Municipal Wastewater for
103.19 	Industrial Water Use
103.20 	$150,000 the first year and $150,000
103.21 	the second year are from the trust fund
103.22 	to the commissioner of natural
103.23 	resources for an agreement with the
103.24 	Metropolitan Council to determine the
103.25 	feasibility of recycling treated
103.26 	municipal wastewater for industrial
103.27 	use, characterize industrial water
103.28 	demand and quality, and determine the
103.29 	costs to treat municipal wastewater to
103.30 	meet specific industrial needs.
103.31 	(e) Unwanted Hormone Therapy:  Protecting Water
103.32 	and Public Health
103.33 	$150,000 the first year and $150,000
103.34 	the second year are from the trust fund
103.35 	to the University of Minnesota to
103.36 	determine where behavior-altering
103.37 	estrogenic compounds come from and how
103.38 	they are distributed in wastewater
103.39 	treatment plants.  This appropriation
103.40 	is available until June 30, 2008, at
103.41 	which time the project must be
103.42 	completed and final products delivered,
103.43 	unless an earlier date is specified in
103.44 	the work program.
103.45 	(f) Climate Change Impacts on Minnesota's
103.46 	Aquatic Resources
103.47 	$125,000 the first year and $125,000
103.48 	the second year are from the trust fund
103.49 	to the University of Minnesota, Natural
103.50 	Resources Research Institute, to
103.51 	quantify climate, hydrologic, and
103.52 	ecological variability and trends; and
103.53 	identify indicators of future climate
103.54 	change effects on aquatic systems.
103.55 	This appropriation is available until
103.56 	June 30, 2008, at which time the
103.57 	project must be completed and final
103.58 	products delivered, unless an earlier
103.59 	date is specified in the work program.
103.60 	(g) Green Roof Cost Share and Monitoring
103.61 	$175,000 the first year and $175,000
103.62 	the second year are from the trust fund
103.63 	to the commissioner of natural
104.1 	resources for an agreement with Ramsey
104.2 	Conservation District to install green,
104.3 	vegetated roofs on four commercial or
104.4 	industrial buildings in Roseville and
104.5 	Falcon Heights and to monitor their
104.6 	effectiveness for stormwater
104.7 	management, flood reduction, water
104.8 	quality, and energy efficiency.  The
104.9 	cost of the installations must be
104.10 	matched by at least 50 percent nonstate
104.11 	money.
104.12 	(h) Woodchip Biofilter Treatment of Feedlot Runoff
104.13 	$135,000 the first year and $135,000
104.14 	the second year are from the trust fund
104.15 	to the commissioner of natural
104.16 	resources for agreements with Stearns
104.17 	County Soil and Water Conservation
104.18 	District and the University of
104.19 	Minnesota to treat feedlot runoff with
104.20 	woodchip biofilters to remove
104.21 	pollutants and assess improvements to
104.22 	surface water quality.  This
104.23 	appropriation is available until June
104.24 	30, 2008, at which time the project
104.25 	must be completed and final products
104.26 	delivered, unless an earlier date is
104.27 	specified in the work program.
104.28 	(i) Improving Water Quality on the Central Sands
104.29 	$294,000 the first year and $293,000
104.30 	the second year are from the trust fund
104.31 	to the commissioner of natural
104.32 	resources for agreements with the
104.33 	University of Minnesota and the Central
104.34 	Lakes College Agricultural Center to
104.35 	reduce nitrate and phosphorus losses to
104.36 	groundwater and surface waters of sandy
104.37 	ecoregions through the development,
104.38 	promotion, and adoption of new farming
104.39 	and land management practices and
104.40 	techniques.  This appropriation is
104.41 	available until June 30, 2008, at which
104.42 	time the project must be completed and
104.43 	final products delivered, unless an
104.44 	earlier date is specified in the work
104.45 	program.
104.46 	(j) Improving Impaired Watersheds:  Conservation
104.47 	Drainage Research
104.48 	$150,000 the first year and $150,000
104.49 	the second year are from the trust fund
104.50 	to the commissioner of agriculture to
104.51 	analyze conservation drainage systems
104.52 	at University of Minnesota research and
104.53 	outreach centers for opportunities to
104.54 	retrofit drainage infrastructure with
104.55 	water quality improvement
104.56 	technologies.  This appropriation is
104.57 	available until June 30, 2008, at which
104.58 	time the project must be completed and
104.59 	final products delivered, unless an
104.60 	earlier date is specified in the work
104.61 	program.
104.62 	(k) Hydrology, Habitat, and Energy Potential
104.63 	of Mine Lakes
105.1 	$188,000 the first year and $211,000
105.2 	the second year are from the trust fund
105.3 	to the commissioner of natural
105.4 	resources for agency work and
105.5 	agreements with Architectural
105.6 	Resources, Inc., and Northeast
105.7 	Technical Services, Inc., for a
105.8 	coordinated effort of the Central Iron
105.9 	Range Initiative to establish ultimate
105.10 	mine water elevations, outflows, and
105.11 	quality; design optimum future mineland
105.12 	configurations for fish habitat and
105.13 	lakeshore development; and evaluate
105.14 	wind-pumped hydropower potential.
105.15 	$62,000 the first year and $39,000 the
105.16 	second year are from the trust fund to
105.17 	the Minnesota Geological Survey at the
105.18 	University of Minnesota to assess the
105.19 	geology and mine pit morphometry.
105.20 	(l) Hennepin County Beach Water Quality
105.21 	Monitoring Project
105.22 	$50,000 the first year and $50,000 the
105.23 	second year are from the trust fund to
105.24 	the commissioner of natural resources
105.25 	for an agreement with Hennepin County
105.26 	to develop a predictive model for
105.27 	on-site determination of beach water
105.28 	quality to prevent outbreaks of
105.29 	waterborne illnesses and provide
105.30 	related water safety outreach to the
105.31 	public.
105.32 	(m) Southwest Minnesota Floodwater Retention Projects
105.33 	$250,000 the first year and $250,000
105.34 	the second year are from the trust fund
105.35 	to the commissioner of natural
105.36 	resources for an agreement with Area II
105.37 	MN River Basin Projects, Inc., to
105.38 	acquire easements and construct four
105.39 	floodwater retention projects in the
105.40 	Minnesota River Basin to improve water
105.41 	quality and waterfowl habitat.
105.42 	(n) Upgrades to Blue Heron Research Vessel
105.43 	$28,000 is from the Great Lakes
105.44 	protection account in the first year
105.45 	and $133,000 the first year and
105.46 	$134,000 the second year are from the
105.47 	trust fund to the University of
105.48 	Minnesota, Large Lakes Observatory, to
105.49 	upgrade and overhaul the Blue Heron
105.50 	Research Vessel.
105.51 	(o) Bassett Creek Valley Channel Restoration
105.52 	$87,000 the first year and $88,000 the
105.53 	second year are from the trust fund to
105.54 	the commissioner of natural resources
105.55 	for an agreement with the city of
105.56 	Minneapolis for design and engineering
105.57 	activities for habitat restoration and
105.58 	water quality and channel improvements
105.59 	for Bassett Creek Valley.
105.60 	(p) Restoration of Indian Lake
105.61 	$100,000 the first year and $100,000
106.1 	the second year are from the trust fund
106.2 	to the commissioner of natural
106.3 	resources for agreements with Indian
106.4 	Lake Improvement District and Bemidji
106.5 	State University to demonstrate the
106.6 	removal of excess nutrients from Indian
106.7 	Lake in Wright County.  This
106.8 	appropriation is available until June
106.9 	30, 2008, at which time the project
106.10 	must be completed and final products
106.11 	delivered, unless an earlier date is
106.12 	specified in the work program, and is
106.13 	contingent on all appropriate permits
106.14 	being obtained.
106.15 		Subd. 8.Land Use and Natural Resource
106.16 	Information                            1,000,000      1,000,000
106.17 	Summary by Fund
106.18 	Trust Fund            1,000,000     1,000,000
106.19 	(a) Minnesota County Biological Survey
106.20 	$500,000 the first year and $500,000
106.21 	the second year are from the trust fund
106.22 	to the commissioner of natural
106.23 	resources for the tenth biennium to
106.24 	accelerate the survey that identifies
106.25 	significant natural areas and
106.26 	systematically collects and interprets
106.27 	data on the distribution and ecology of
106.28 	native plant communities, rare plants,
106.29 	and rare animals.
106.30 	(b) Soil Survey
106.31 	$250,000 the first year and $250,000
106.32 	the second year are from the trust fund
106.33 	to the Board of Water and Soil
106.34 	Resources to accelerate digitizing of
106.35 	completed soil surveys for Web-based
106.36 	user application and for agreements
106.37 	with Pine and Crow Wing Counties to
106.38 	begin soil surveys.  The new soil
106.39 	surveys must be done on a cost-share
106.40 	basis with local and federal funds.
106.41 	This appropriation is available until
106.42 	June 30, 2008, at which time the
106.43 	project must be completed and final
106.44 	products delivered, unless an earlier
106.45 	date is specified in the work program.
106.46 	(c) Land Cover Mapping for Natural Resource Protection
106.47 	$125,000 the first year and $125,000
106.48 	the second year are from the trust fund
106.49 	to the commissioner of natural
106.50 	resources for an agreement with
106.51 	Hennepin County to develop GIS tools
106.52 	for prioritizing natural areas for
106.53 	protection and restoration and to
106.54 	update and complete land cover
106.55 	classification mapping.
106.56 	(d) Open Space Planning and Protection
106.57 	$125,000 the first year and $125,000
106.58 	the second year are from the trust fund
106.59 	to the commissioner of natural
106.60 	resources for an agreement with Anoka
107.1 	Conservation District to protect open
107.2 	space by identifying high priority
107.3 	natural resource corridors through
107.4 	planning, conservation easements, and
107.5 	land dedication as part of development
107.6 	processes.
107.7 		Subd. 9.Agriculture and Natural
107.8 	Resource Industries                    1,342,000      1,341,000
107.9 	Summary by Fund
107.10 	Trust Fund            1,342,000     1,341,000
107.11 	(a) Completing Third-Party Certification
107.12 	of DNR Forest Lands
107.13 	$125,000 the first year and $125,000
107.14 	the second year are from the trust fund
107.15 	to the commissioner of natural
107.16 	resources for third-party assessment
107.17 	and certification of 4,470,000 acres of
107.18 	DNR-administered lands under forest
107.19 	sustainability standards established by
107.20 	two internationally recognized forest
107.21 	certification systems, the Forest
107.22 	Stewardship Council system, and the
107.23 	Sustainable Forestry Initiative system.
107.24 	(b) Third-Party Certification of Private Woodlands
107.25 	$188,000 the first year and $188,000
107.26 	the second year are from the trust fund
107.27 	to the University of Minnesota, Cloquet
107.28 	Forestry Center, to pilot a third-party
107.29 	certification assessment framework for
107.30 	nonindustrial private forest owners.
107.31 	(c) Sustainable Management of Private Forest Lands
107.32 	$437,000 the first year and $437,000
107.33 	the second year are from the trust fund
107.34 	to the commissioner of natural
107.35 	resources to develop stewardship plans
107.36 	for private forested lands, implement
107.37 	stewardship plans on a cost-share basis
107.38 	and for conservation easements matching
107.39 	federal funds.  This appropriation is
107.40 	available until June 30, 2008, at which
107.41 	time the project must be completed and
107.42 	final products delivered, unless an
107.43 	earlier date is specified in the work
107.44 	program.
107.45 	(d) Evaluating Riparian Timber Harvesting
107.46 	Guidelines:  Phase 2
107.47 	$167,000 the first year and $166,000
107.48 	the second year are from the trust fund
107.49 	to the University of Minnesota for a
107.50 	second biennium to assess the timber
107.51 	harvesting riparian management
107.52 	guidelines for postharvest impacts on
107.53 	terrestrial, aquatic, and wildlife
107.54 	habitat.  This appropriation is
107.55 	available until June 30, 2008, at which
107.56 	time the project must be completed and
107.57 	final products delivered, unless an
107.58 	earlier date is specified in the work
107.59 	program.
108.1 	(e) Third Crops for Water Quality-Phase 2
108.2 	$250,000 the first year and $250,000
108.3 	the second year are from the trust fund
108.4 	to the commissioner of natural
108.5 	resources for cooperative agreements
108.6 	with Rural Advantage and the University
108.7 	of Minnesota to accelerate adoption of
108.8 	third crops to enhance water quality,
108.9 	diversify cropping systems, supply
108.10 	bioenergy, and provide wildlife habitat
108.11 	through demonstration, research, and
108.12 	education.  This appropriation is
108.13 	available until June 30, 2008, at which
108.14 	time the project must be completed and
108.15 	final products delivered, unless an
108.16 	earlier date is specified in the work
108.17 	program.
108.18 	(f) Bioconversion of Potato Waste into
108.19 	Marketable Biopolymers
108.20 	$175,000 the first year and $175,000
108.21 	the second year are from the trust fund
108.22 	to the commissioner of natural
108.23 	resources for an agreement with Bemidji
108.24 	State University to evaluate the
108.25 	bioconversion of potato waste into
108.26 	plant-based plastics.  This
108.27 	appropriation is available until June
108.28 	30, 2008, at which time the project
108.29 	must be completed and final products
108.30 	delivered, unless an earlier date is
108.31 	specified in the work program.
108.32 		Subd. 10.Energy                      1,896,000      1,896,000
108.33 	Summary by Fund
108.34 	Trust Fund            1,896,000     1,896,000
108.35 	(a) Clean Energy Resource Teams and Community Wind
108.36 	Energy Rebate Program
108.37 	$350,000 the first year and $350,000
108.38 	the second year are from the trust fund
108.39 	to the commissioner of commerce.
108.40 	$300,000 of this appropriation is to
108.41 	provide technical assistance to
108.42 	implement cost-effective conservation,
108.43 	energy efficiency, and renewable energy
108.44 	projects.  $400,000 of this
108.45 	appropriation is to assist two
108.46 	Minnesota communities in developing
108.47 	locally owned wind energy projects by
108.48 	offering financial assistance rebates.
108.49 	(b) Planning for Economic Development
108.50 	via Energy Independence
108.51 	$120,000 the first year and $120,000
108.52 	the second year are from the trust fund
108.53 	to the commissioner of natural
108.54 	resources for an agreement with the
108.55 	University of Minnesota-Duluth to
108.56 	evaluate the socioeconomic benefits of
108.57 	statewide and community renewable
108.58 	energy production and distribution by
108.59 	analyzing system installation,
108.60 	technical capabilities,
108.61 	cost-competitiveness, economic impacts,
109.1 	and policy incentives.
109.2 	(c) Manure Methane Digester Compatible Wastes
109.3 	and Electrical Generation
109.4 	$50,000 the first year and $50,000 the
109.5 	second year are from the trust fund to
109.6 	the commissioner of agriculture to
109.7 	research the potential for a centrally
109.8 	located, multifarm manure digester and
109.9 	the potential use of compatible waste
109.10 	streams with manure digesters.
109.11 	(d) Dairy Farm Digesters
109.12 	$168,000 the first year and $168,000
109.13 	the second year are from the trust fund
109.14 	to the commissioner of natural
109.15 	resources for an agreement with the
109.16 	Minnesota Project for a pilot project
109.17 	to evaluate anaerobic digester
109.18 	technology on average size dairy farms
109.19 	of 50 to 300 cows.
109.20 	(e) Wind to Hydrogen Demonstration
109.21 	$400,000 the first year and $400,000
109.22 	the second year are from the trust fund
109.23 	to the commissioner of natural
109.24 	resources for an agreement with the
109.25 	University of Minnesota, West Central
109.26 	Research and Outreach Center, to
109.27 	develop a model community-scale
109.28 	wind-to-hydrogen facility.
109.29 	(f) Natural Gas Production from
109.30 	Agricultural Biomass
109.31 	$50,000 the first year and $50,000 the
109.32 	second year are from the trust fund to
109.33 	the commissioner of natural resources
109.34 	for an agreement with Sebesta Blomberg
109.35 	and Associates to demonstrate potential
109.36 	natural gas yield using anaerobic
109.37 	digestion of blends of chopped grasses
109.38 	or crop residue with hog manure and
109.39 	determine optimum operating conditions
109.40 	for conversion to natural gas.
109.41 	(g) Biomass-Derived Oils for Generating Electricity
109.42 	and Reducing Emissions
109.43 	$75,000 the first year and $75,000 the
109.44 	second year are from the trust fund to
109.45 	the University of Minnesota to evaluate
109.46 	the environmental and performance
109.47 	benefits of using renewable
109.48 	biomass-derived oils, such as soybean
109.49 	oil, for generating electricity.
109.50 	(h) Phillips Biomass Community Energy System
109.51 	$450,000 the first year and $450,000
109.52 	the second year are from the trust fund
109.53 	to the commissioner of natural
109.54 	resources for an agreement with
109.55 	Phillips Community Energy Cooperative
109.56 	to assist in the distribution system
109.57 	equipment and construction costs for a
109.58 	biomass district energy system.  This
109.59 	appropriation is contingent on all
110.1 	appropriate permits being obtained and
110.2 	a signed commitment of financing for
110.3 	the biomass electrical generating
110.4 	facility being in place.
110.5 	(i) Laurentian Energy Authority Biomass Project
110.6 	$233,000 the first year and $233,000
110.7 	the second year are from the trust fund
110.8 	to the commissioner of natural
110.9 	resources for an agreement with
110.10 	Virginia Public Utility to lease land
110.11 	and plant approximately 1,000 acres of
110.12 	trees to support a proposed conversion
110.13 	to a biomass power plant.
110.14 		Subd. 11.Environmental Education       360,000        360,000
110.15 	Summary by Fund
110.16 	Trust Fund              360,000       360,000
110.17 	(a) Enhancing Civic Understanding of Groundwater
110.18 	$75,000 the first year and $75,000 the
110.19 	second year are from the trust fund to
110.20 	the commissioner of natural resources
110.21 	for an agreement with the Science
110.22 	Museum of Minnesota to create
110.23 	groundwater exhibits and a statewide
110.24 	traveling groundwater classroom
110.25 	program.  This appropriation is
110.26 	available until June 30, 2008, at which
110.27 	time the project must be completed and
110.28 	final products delivered, unless an
110.29 	earlier date is specified in the work
110.30 	program.
110.31 	(b) Cedar Creek Natural History Area Interpretive
110.32 	Center and Restoration
110.33 	$200,000 the first year and $200,000
110.34 	the second year are from the trust fund
110.35 	to the commissioner of natural
110.36 	resources for an agreement with the
110.37 	University of Minnesota, Cedar Creek
110.38 	Natural History Area, to restore 400
110.39 	acres of savanna and prairie; construct
110.40 	a Science Interpretive Center to
110.41 	publicly demonstrate technologies for
110.42 	energy efficiency; and create
110.43 	interpretive trails.  This
110.44 	appropriation is available until June
110.45 	30, 2008, at which time the project
110.46 	must be completed and final products
110.47 	delivered, unless an earlier date is
110.48 	specified in the work program.
110.49 	(c) Environmental Problem-Solving Model
110.50 	for Twin Cities Schools
110.51 	$38,000 the first year and $37,000 the
110.52 	second year are from the trust fund to
110.53 	the commissioner of natural resources
110.54 	for an agreement with Eco Education to
110.55 	train high school students and teachers
110.56 	on environmental problem solving.
110.57 	(d) Tamarack Nature Center Exhibits
110.58 	$47,000 the first year and $48,000 the
111.1 	second year are from the trust fund to
111.2 	the commissioner of natural resources
111.3 	for an agreement with Ramsey County
111.4 	Parks and Recreation Department to
111.5 	develop interactive ecological exhibits
111.6 	at Tamarack Nature Center.
111.7 		Subd. 12.Children's Environmental
111.8 	Health                                   100,000        100,000
111.9 	Summary by Fund
111.10 	Trust Fund              100,000       100,000
111.11 	Minnesota Children's Pesticide Exposure
111.12 	Reduction Initiative
111.13 	$100,000 the first year and $100,000
111.14 	the second year are appropriated to the
111.15 	commissioner of agriculture to reduce
111.16 	children's pesticide exposure through
111.17 	parent education on alternative pest
111.18 	control methods and safe pesticide use.
111.19 		Subd. 13.Data Availability Requirements
111.20 	(a) During the biennium ending June 30,
111.21 	2007, data collected by the projects
111.22 	funded under this section that have
111.23 	value for planning and management of
111.24 	natural resource, emergency
111.25 	preparedness, and infrastructure
111.26 	investments must conform to the
111.27 	enterprise information architecture
111.28 	developed by the Office of Technology.
111.29 	Spatial data must conform to geographic
111.30 	information system guidelines and
111.31 	standards outlined in that architecture
111.32 	and adopted by the Minnesota Geographic
111.33 	Data Clearinghouse at the Land
111.34 	Management Information Center.  A
111.35 	description of these data that adheres
111.36 	to Office of Technology geographic
111.37 	metadata standards must be submitted to
111.38 	the Land Management Information Center
111.39 	to be made available online through the
111.40 	clearinghouse, and the data themselves
111.41 	must be accessible and free to the
111.42 	public unless made private under the
111.43 	Data Practices Act, Minnesota Statutes,
111.44 	chapter 13.
111.45 	(b) To the extent practicable, summary
111.46 	data and results of projects funded
111.47 	under this section should be readily
111.48 	accessible on the Internet and
111.49 	identified as an environment and
111.50 	natural resources trust fund project.
111.51 	(c) As part of project expenditures,
111.52 	recipients of land acquisition
111.53 	appropriations must provide the
111.54 	information necessary to update public
111.55 	recreation information maps to the
111.56 	Department of Natural Resources in the
111.57 	form specified by the department.
111.58 		Subd. 14.Project Requirements
111.59 	It is a condition of acceptance of the
111.60 	appropriations in this section that any
112.1 	agency or entity receiving the
112.2 	appropriation must comply with
112.3 	Minnesota Statutes, chapter 116P, and
112.4 	vegetation planted must be native to
112.5 	Minnesota and preferably of the local
112.6 	ecotype unless the work program
112.7 	approved by the commission expressly
112.8 	allows the planting of species that are
112.9 	not native to Minnesota.  Bridges that
112.10 	are constructed with appropriations
112.11 	under this section must be made out of
112.12 	metal, concrete, or wood.
112.13 		Subd. 15.Match Requirements
112.14 	Unless specifically authorized,
112.15 	appropriations in this section that
112.16 	must be matched and for which the match
112.17 	has not been committed by December 31,
112.18 	2005, are canceled, and in-kind
112.19 	contributions may not be counted as
112.20 	matching funds.
112.21 		Subd. 16.Payment Conditions and Capital Equipment Expenditures
112.22 	All agreements, grants, or contracts
112.23 	referred to in this section must be
112.24 	administered on a reimbursement basis
112.25 	unless otherwise provided in this
112.26 	section.  Notwithstanding Minnesota
112.27 	Statutes, section 16A.41, expenditures
112.28 	made on or after July 1, 2005, or the
112.29 	date the work program is approved,
112.30 	whichever is later, are eligible for
112.31 	reimbursement unless otherwise provided
112.32 	in this section.  Payment must be made
112.33 	upon receiving documentation that
112.34 	project-eligible, reimbursable dollar
112.35 	amounts have been expended, except that
112.36 	reasonable amounts may be advanced to
112.37 	projects to accommodate cash flow needs
112.38 	or match federal funds.  The advances
112.39 	must be approved as part of the work
112.40 	program.  No expenditures for capital
112.41 	equipment are allowed unless expressly
112.42 	authorized in the project work program.
112.43 		Subd. 17.Purchase of Recycled and Recyclable Materials
112.44 	A political subdivision, public or
112.45 	private corporation, or other entity
112.46 	that receives an appropriation in this
112.47 	section must use the appropriation in
112.48 	compliance with Minnesota Statutes,
112.49 	sections 16B.121 and 16B.122, requiring
112.50 	the purchase of recycled, repairable,
112.51 	and durable materials; the purchase of
112.52 	uncoated paper stock; and the use of
112.53 	soy-based ink, the same as if it were a
112.54 	state agency.
112.55 		Subd. 18.Energy Conservation
112.56 	A recipient to whom an appropriation is
112.57 	made in this section for a capital
112.58 	improvement project shall ensure that
112.59 	the project complies with the
112.60 	applicable energy conservation
112.61 	standards contained in law, including
112.62 	Minnesota Statutes, sections 216C.19
112.63 	and 216C.20, and rules adopted
113.1 	thereunder.  The recipient may use the
113.2 	energy planning, advocacy, and state
113.3 	energy office units of the Department
113.4 	of Commerce to obtain information and
113.5 	technical assistance on energy
113.6 	conservation and alternative energy
113.7 	development relating to the planning
113.8 	and construction of the capital
113.9 	improvement project.
113.10 		Subd. 19.Accessibility
113.11 	Structural and nonstructural facilities
113.12 	must meet the design standards in the
113.13 	Americans with Disability Act (ADA)
113.14 	accessibility guidelines.

113.15 	Sec. 12. Minnesota Statutes 2004, section 16A.125,
113.16 	subdivision 5, is amended to read:
113.17 		Subd. 5.Forest trust lands. (a) The term "state forest
113.18 	trust fund lands" as used in this subdivision, means public land
113.19 	in trust under the Constitution set apart as "forest lands under
113.20 	the authority of the commissioner" of natural resources as
113.21 	defined by section 89.001, subdivision 13.
113.22 	(b) The commissioner of finance shall credit the revenue
113.23 	from the forest trust fund lands to the forest suspense
113.24 	account.  The account must specify the trust funds interested in
113.25 	the lands and the respective receipts of the lands.
113.26 	(c) After a fiscal year, the commissioner of finance shall
113.27 	certify the total costs incurred for forestry during that year
113.28 	under appropriations for the protection, improvement,
113.29 	administration, and management of state forest trust fund lands
113.30 	and construction and improvement of forest roads to enhance the
113.31 	forest value of the lands.  The certificate must specify the
113.32 	trust funds interested in the lands.  The commissioner of
113.33 	natural resources shall supply the commissioner of finance with
113.34 	the information needed for the certificate.
113.35 	(d) After a fiscal year, the commissioner shall distribute
113.36 	the receipts credited to the suspense account during that fiscal
113.37 	year as follows:
113.38 	(a) (1) the amount of the certified costs incurred by the
113.39 	state for forest management, forest improvement, and road
113.40 	improvement during the fiscal year shall be transferred to
113.41 	the general fund.forest management investment account
114.1 	established under section 89.039;
114.2 	(2) the balance of the certified costs incurred by the
114.3 	state during the fiscal year shall be transferred to the general
114.4 	fund; and 
114.5 	(b) (3) the balance of the receipts shall then be returned
114.6 	prorated to the trust funds in proportion to their respective
114.7 	interests in the lands which produced the receipts.

114.8 	Sec. 13. Minnesota Statutes 2004, section 84.027,
114.9 	subdivision 12, is amended to read:
114.10 		Subd. 12.Property disposal; gift acknowledgment;
114.11 	advertising sales.  (a) The commissioner may give away to
114.12 	members of the public items with a value of less than $10 $50 
114.13 	that are intended to promote conservation of natural resources
114.14 	or create awareness of the state and its resources or natural
114.15 	resource management programs.  The total value of items given to
114.16 	the public under this paragraph may not exceed $25,000 per year.
114.17 	(b) The commissioner may recognize the contribution of
114.18 	money or in-kind services on plaques, signs, publications,
114.19 	audio-visual materials, and media advertisements by allowing the
114.20 	organization's contribution to be acknowledged in print of
114.21 	readable size.
114.22 	(c) The commissioner may accept paid advertising for
114.23 	departmental publications.  Advertising revenues received are
114.24 	appropriated to the commissioner to be used to defray costs of
114.25 	publications, media productions, or other informational
114.26 	materials.  The commissioner may not accept paid advertising
114.27 	from any elected official or candidate for elective office.

114.28 	Sec. 14. Minnesota Statutes 2004, section 84.027,
114.29 	subdivision 15, is amended to read:
114.30 		Subd. 15.Electronic transactions.  (a) The commissioner
114.31 	may receive an application for, sell, and issue any license,
114.32 	stamp, permit, pass, sticker, duplicate safety training
114.33 	certification,registration, or transfer under the jurisdiction
114.34 	of the commissioner by electronic means, including by telephone.
114.35 	Notwithstanding section 97A.472, electronic and telephone
114.36 	transactions may be made outside of the state.  The commissioner
115.1 	may:
115.2 	(1) provide for the electronic transfer of funds generated
115.3 	by electronic transactions, including by telephone;
115.4 	(2) assign a license an identification number to an
115.5 	applicant who purchases a hunting or fishing license or
115.6 	recreational vehicle registration by electronic means, to serve
115.7 	as temporary authorization to engage in the licensed activity
115.8 	requiring a license or registration until the license or
115.9 	registration is received or expires;
115.10 	(3) charge and permit agents to charge a fee of individuals
115.11 	who make electronic transactions and transactions by
115.12 	telephone or Internet, including the issuing fee under section
115.13 	97A.485, subdivision 6,fees and an additional transaction fee
115.14 	not to exceed $3.50;
115.15 	(4) collect issuing or filing fees as provided under
115.16 	sections 84.788, subdivision 3, paragraph (e); 84.798,
115.17 	subdivision 3, paragraph (b); 84.82, subdivision 2, paragraph
115.18 	(d); 84.8205, subdivisions 5 and 6; 84.922, subdivision 2,
115.19 	paragraph (e); 85.41, subdivision 5; 86B.415, subdivision 8; and
115.20 	97A.485, subdivision 6, and collect establish, by written order,
115.21 	an electronic licensing system commission on to be paid by
115.22 	revenues generated from all sales of licenses as provided under
115.23 	sections 85.43, paragraph (b), and 97A.485, subdivision 7made
115.24 	through the electronic licensing system.  The commissioner shall
115.25 	establish the commission in a manner that neither significantly
115.26 	overrecovers nor underrecovers costs involved in providing the
115.27 	electronic licensing system; and
115.28 	(5) adopt rules to administer the provisions of this
115.29 	subdivision.
115.30 	(b) Establishment of The transaction fee fees established 
115.31 	under paragraph (a), clause (3), and the commission established
115.32 	under paragraph (a), clause (4), is are not subject to the
115.33 	rulemaking procedures of chapter 14 and section 14.386 does not
115.34 	apply.
115.35 	(c) Money received from fees and commissions collected
115.36 	under this subdivision, including interest earned, is annually
116.1 	appropriated from the game and fish fund and the natural
116.2 	resources fund to the commissioner for the cost of electronic
116.3 	licensing.
116.4 	
EFFECTIVE DATE. This section is effective July 6, 2005.

116.5 	Sec. 15. Minnesota Statutes 2004, section 84.0274, is
116.6 	amended by adding a subdivision to read:
116.7 		Subd. 9.Exception for nonprofit organizations and
116.8 	governmental entities. When the commissioner acquires land or
116.9 	interests in land from a nonprofit organization or governmental
116.10 	entity, any or all of the provisions of this section may be
116.11 	waived by mutual agreement of the commissioner and the nonprofit
116.12 	organization or governmental entity.

116.13 	Sec. 16. Minnesota Statutes 2004, section 84.0274, is
116.14 	amended by adding a subdivision to read:
116.15 		Subd. 10.Right of first refusal agreement. The
116.16 	commissioner may enter into a right of first refusal agreement
116.17 	with a landowner prior to determining the value of the land.  No
116.18 	right of first refusal agreement shall be made for a period of
116.19 	greater than two years and payment to the landowner for entry
116.20 	into the agreement shall not exceed $5,000.

116.21 	Sec. 17. Minnesota Statutes 2004, section 84.0911,
116.22 	subdivision 2, is amended to read:
116.23 		Subd. 2.Receipts.  Money received from the sale of wild
116.24 	rice licenses issued by the commissioner under section 84.091,
116.25 	subdivision 3, paragraph (a), clauses (1), (3), and (4), and
116.26 	subdivision 3, paragraph (b), except for the electronic
116.27 	licensing system commission established by the commissioner
116.28 	under section 84.027, subdivision 15,shall be credited to the
116.29 	wild rice management account.
116.30 	
EFFECTIVE DATE. This section is effective July 6, 2005.

116.31 	Sec. 18. Minnesota Statutes 2004, section 84.631, is
116.32 	amended to read:
116.33 	84.631 ROAD EASEMENTS ACROSS STATE LANDS.
116.34 	(a) Except as provided in section 85.015, subdivision 1b,
116.35 	the commissioner, on behalf of the state, may convey a road
116.36 	easement across state land under the commissioner's jurisdiction
117.1 	other than school trust land, to a private person requesting an
117.2 	easement for access to property owned by the person only if the
117.3 	following requirements are met:  (1) there are no reasonable
117.4 	alternatives to obtain access to the property; and (2) the
117.5 	exercise of the easement will not cause significant adverse
117.6 	environmental or natural resource management impacts.
117.7 	(b) The commissioner shall:
117.8 	(1) require the applicant to pay the market value of the
117.9 	easement;
117.10 	(2) provide that the easement reverts to the state in the
117.11 	event of nonuse; and
117.12 	(3) impose other terms and conditions of use as necessary
117.13 	and appropriate under the circumstances.
117.14 	(c) An applicant shall submit a fee of up to $2,000 with
117.15 	each application for a road easement across state land.  The
117.16 	commissioner must give the applicant an estimate of the costs of
117.17 	the road easement before the applicant submits the fee.  The
117.18 	application fee is nonrefundable, even if the application is
117.19 	withdrawn or denied.
117.20 	(d) Fees collected under paragraph (c) must be deposited in
117.21 	the land management account in the natural resources fund.

117.22 	Sec. 19. Minnesota Statutes 2004, section 84.775,
117.23 	subdivision 1, is amended to read:
117.24 		Subdivision 1.Civil citation; authority to issue.  (a) A
117.25 	conservation officer or other licensed peace officer may issue a
117.26 	civil citation to a person who operates:
117.27 	(1) an off-highway motorcycle in violation of sections
117.28 	84.773, subdivision 1 or 2, clause (1); 84.777; 84.788 to
117.29 	84.795; or 84.90;
117.30 	(2) an off-road vehicle in violation of sections 84.773,
117.31 	subdivision 1 or 2, clause (1); 84.777; 84.798 to 84.804; or
117.32 	84.90; or
117.33 	(3) an all-terrain vehicle in violation of sections 84.773,
117.34 	subdivision 1 or 2, clause (1); 84.777; 84.90; or 84.922 to
117.35 	84.928.
117.36 	(b) A civil citation under paragraph (a) shall require
118.1 	restitution for public and private property damage and impose a
118.2 	penalty of:
118.3 	(1) $100 for the first offense;
118.4 	(2) $200 for the second offense; and
118.5 	(3) $500 for third and subsequent offenses.
118.6 	(c) A conservation officer or other licensed peace officer
118.7 	may issue a civil citation to a person who operates an
118.8 	off-highway motorcycle, off-road vehicle, or all-terrain vehicle
118.9 	in violation of section 84.773, subdivision 2, clause (2) or
118.10 	(3).  A civil citation under this paragraph shall require
118.11 	restitution for damage to wetlands and impose a penalty of:
118.12 	(1) $100 for the first offense;
118.13 	(2) $500 for the second offense; and 
118.14 	(3) $1,000 for third and subsequent offenses.
118.15 	(d) If the peace officer determines that there is damage to
118.16 	property requiring restitution, the commissioner must send a
118.17 	written explanation of the extent of the damage and the cost of
118.18 	the repair by first class mail to the address provided by the
118.19 	person receiving the citation within 15 days of the date of the
118.20 	citation.
118.21 	(e) An off-road vehicle or all-terrain vehicle that is
118.22 	equipped with a snorkel device and receives a civil citation
118.23 	under this section is subject to twice the penalty amounts in
118.24 	paragraphs (b) and (c).

118.25 	Sec. 20. Minnesota Statutes 2004, section 84.780, is
118.26 	amended to read:
118.27 	84.780 OFF-HIGHWAY VEHICLE DAMAGE ACCOUNT.
118.28 	(a) The off-highway vehicle damage account is created in
118.29 	the natural resources fund.  Money in the off-highway vehicle
118.30 	damage account is appropriated to the commissioner of natural
118.31 	resources for the repair or restoration of property damaged by
118.32 	the operation of off-highway vehicles in an unpermitted area
118.33 	after August 1, 2003, and for the costs of administration for
118.34 	this section.  Before the commissioner may make a payment from
118.35 	this account, the commissioner must determine whether the damage
118.36 	to the property was caused by the unpermitted use of off-highway
119.1 	vehicles, that the applicant has made reasonable efforts to
119.2 	identify the responsible individual and obtain payment from the
119.3 	individual, and that the applicant has made reasonable efforts
119.4 	to prevent reoccurrence.  By June 30, 2005 2008, the
119.5 	commissioner of finance must transfer the remaining balance in
119.6 	the account to the off-highway motorcycle account under section
119.7 	84.794, the off-road vehicle account under section 84.803, and
119.8 	the all-terrain vehicle account under section 84.927.  The
119.9 	amount transferred to each account must be proportionate to the
119.10 	amounts received in the damage account from the relevant
119.11 	off-highway vehicle accounts.
119.12 	(b) Determinations of the commissioner under this section
119.13 	may be made by written order and are exempt from the rulemaking
119.14 	provisions of chapter 14.  Section 14.386 does not apply.
119.15 	(c) This section expires July 1, 2005 2008.

119.16 	Sec. 21. [84.781] USE OF DEPARTMENT RESOURCES.
119.17 	The commissioner of natural resources may permit Department
119.18 	of Natural Resources personnel and equipment from the Division
119.19 	of Trails and Waterways to be used to assist local units of
119.20 	government in developing and maintaining off-highway vehicle
119.21 	grant-in-aid trails located on property owned by or under the
119.22 	control of the local unit of government.

119.23 	Sec. 22. Minnesota Statutes 2004, section 84.788,
119.24 	subdivision 3, is amended to read:
119.25 		Subd. 3.Application; issuance; reports.  (a) Application
119.26 	for registration or continued registration must be made to the
119.27 	commissioner or an authorized deputy registrar of motor vehicles
119.28 	in a form prescribed by the commissioner.  The form must state
119.29 	the name and address of every owner of the off-highway
119.30 	motorcycle.
119.31 	(b) A person who purchases from a retail dealer an
119.32 	off-highway motorcycle shall make application for registration
119.33 	to the dealer at the point of sale.  The dealer shall issue a
119.34 	dealer temporary ten-day registration permit to each purchaser
119.35 	who applies to the dealer for registration.  The dealer shall
119.36 	submit the completed registration applications and fees to the
120.1 	deputy registrar at least once each week.  No fee may be charged
120.2 	by a dealer to a purchaser for providing the temporary permit.
120.3 	(c) Upon receipt of the application and the appropriate
120.4 	fee, the commissioner or deputy registrar shall issue to the
120.5 	applicant, or provide to the dealer, a 60-day temporary receipt
120.6 	and shall assign a an assigned registration number that or a
120.7 	commissioner or deputy registrar temporary ten-day permit.  Once
120.8 	issued, the registration number must be affixed to the
120.9 	motorcycle in a manner prescribed by the commissioner according
120.10 	to paragraph (f).  A dealer subject to paragraph (b) shall
120.11 	provide the registration materials and or temporary
120.12 	receipt permit to the purchaser within the ten-day temporary
120.13 	permit period.
120.14 	(d) The commissioner shall develop a registration system to
120.15 	register vehicles under this section.  A deputy registrar of
120.16 	motor vehicles acting under section 168.33, is also a deputy
120.17 	registrar of off-highway motorcycles.  The commissioner of
120.18 	natural resources in agreement with the commissioner of public
120.19 	safety may prescribe the accounting and procedural requirements
120.20 	necessary to ensure efficient handling of registrations and
120.21 	registration fees.  Deputy registrars shall strictly comply with
120.22 	the accounting and procedural requirements.
120.23 	(e) In addition to other fees prescribed by law, a filing
120.24 	fee of $4.50 is charged for each off-highway motorcycle
120.25 	registration renewal, duplicate or replacement registration
120.26 	card, and replacement decal and a filing fee of $7 is charged
120.27 	for each off-highway motorcycle registration and registration
120.28 	transfer issued by:
120.29 	(1) a deputy registrar and must be deposited in the
120.30 	treasury of the jurisdiction where the deputy is appointed, or
120.31 	kept if the deputy is not a public official; or
120.32 	(2) the commissioner and must be deposited in the state
120.33 	treasury and credited to the off-highway motorcycle account.
120.34 	(f) Unless exempted in paragraph (g), the owner of an
120.35 	off-highway motorcycle must display a registration decal issued
120.36 	by the commissioner.  If the motorcycle is licensed as a motor
121.1 	vehicle, a registration decal must be affixed on the upper left
121.2 	corner of the rear license plate.  If the motorcycle is not
121.3 	licensed as a motor vehicle, the decal must be attached on the
121.4 	side of the motorcycle and may be attached to the fork tube.
121.5 	The decal must be attached in a manner so that it is visible
121.6 	while a rider is on the motorcycle.  The issued decals must be
121.7 	of a size to work within the constraints of the electronic
121.8 	licensing system, not to exceed three inches high and three
121.9 	inches wide.
121.10 	(g) Display of a registration decal is not required for an
121.11 	off-highway motorcycle:
121.12 	(1) while being operated on private property; or 
121.13 	(2) while competing in a closed-course competition event.

121.14 	Sec. 23. Minnesota Statutes 2004, section 84.788, is
121.15 	amended by adding a subdivision to read:
121.16 		Subd. 11.Refunds. The commissioner may issue a refund
121.17 	on a registration, not including any issuing fees paid under
121.18 	subdivision 3, paragraph (e), or section 84.027, subdivision 15,
121.19 	paragraph (a), clause (3), if the refund request is received
121.20 	within 12 months of the original registration and:
121.21 	(1) the off-highway motorcycle was registered incorrectly
121.22 	by the commissioner or the deputy registrar; or 
121.23 	(2) the off-highway motorcycle was registered twice, once
121.24 	by the dealer and once by the customer.

121.25 	Sec. 24. Minnesota Statutes 2004, section 84.789, is
121.26 	amended by adding a subdivision to read:
121.27 		Subd. 3.Sound emissions. (a) On and after July 1, 2006,
121.28 	off-highway motorcycles, when operating on public lands, shall
121.29 	at all times be equipped with a silencer or other device that
121.30 	limits sound emissions according to this subdivision.
121.31 	(b) Sound emissions of competition off-highway motorcycles
121.32 	manufactured on or after January 1, 1998, are limited to not
121.33 	more than 96 dbA and, if manufactured prior to January 1, 1998,
121.34 	to not more than 99 dbA, when measured from a distance of 20
121.35 	inches using test procedures established by the Society of
121.36 	Automotive Engineers under Standard J-1287, as applicable.
122.1 	(c) Sound emissions of all other off-highway motorcycles
122.2 	are limited to not more than 96 dbA if manufactured on or after
122.3 	January 1, 1986, and not more than 99 dbA if manufactured prior
122.4 	to January 1, 1986, when measured from a distance of 20 inches
122.5 	using test procedures established by the Society of Automotive
122.6 	Engineers under Standard J-1287, as applicable.
122.7 	(d) Off-highway motorcycles operating in closed course
122.8 	competition events are excluded from the requirements of this
122.9 	subdivision.

122.10 	Sec. 25. Minnesota Statutes 2004, section 84.791,
122.11 	subdivision 1, is amended to read:
122.12 		Subdivision 1.Program established; when required. (a) 
122.13 	The commissioner shall establish a comprehensive off-highway
122.14 	motorcycle environment and safety education and training
122.15 	program, including the preparation and dissemination of vehicle
122.16 	information and safety advice to the public, the training of
122.17 	off-highway motorcycle operators, and the issuance of
122.18 	off-highway motorcycle safety certificates to operators under
122.19 	the age of 16 years who successfully complete the off-highway
122.20 	motorcycle environment and safety education and training courses.
122.21 	(b) An individual who is convicted of violating a law
122.22 	related to the operation of an off-highway motorcycle must
122.23 	successfully complete the environment and safety education and
122.24 	training program established under paragraph (a) before
122.25 	continuing operation of an off-highway motorcycle.

122.26 	Sec. 26. Minnesota Statutes 2004, section 84.791,
122.27 	subdivision 2, is amended to read:
122.28 		Subd. 2.Fees.  For the purposes of administering the
122.29 	program and to defray a portion of the expenses of training and
122.30 	certifying vehicle operators, the commissioner shall collect a
122.31 	fee not to exceed $5 from each person who receives the training.
122.32 	The commissioner shall collect a fee for issuing a duplicate
122.33 	off-highway motorcycle safety certificate.  The commissioner
122.34 	shall establish the fee for a duplicate off-highway motorcycle
122.35 	safety certificate, to include a $1 issuing fee for licensing
122.36 	agents,that neither significantly overrecovers nor
123.1 	underrecovers costs, including overhead costs, involved in
123.2 	providing the service.  The fees must , except for the issuing
123.3 	fee for licensing agents under this subdivision, shall be
123.4 	deposited in the state treasury and credited to the off-highway
123.5 	motorcycle account in the natural resources fund.

123.6 	Sec. 27. Minnesota Statutes 2004, section 84.798,
123.7 	subdivision 1, is amended to read:
123.8 		Subdivision 1.General requirements. (a) Unless exempted
123.9 	under paragraph (b) or subdivision 2, after January 1, 1995, a
123.10 	person may not operate and an owner may not give permission for
123.11 	another to operate a vehicle off-road, nor may a person have an
123.12 	off-road vehicle not registered under chapter 168 in possession
123.13 	at an off-road vehicle staging area, or designated trail on
123.14 	off-road vehicle-designated trails or area areas on land
123.15 	administered by the commissioner, or on off-road vehicle
123.16 	grant-in-aid trails and areas funded under section 84.803,
123.17 	unless the vehicle has been registered under this section.
123.18 	(b) Annually on the third Saturday of May, nonregistered
123.19 	off-road vehicles may be operated at the Iron Range Off-Highway
123.20 	Vehicle Recreation Area.

123.21 	Sec. 28. [84.8015] EDUCATION AND TRAINING.
123.22 		Subdivision 1.Program established when required. (a)
123.23 	The commissioner shall establish a comprehensive off-road
123.24 	vehicle environment and safety education and training program,
123.25 	including the preparation and dissemination of vehicle
123.26 	information and safety advice to the public, the training of
123.27 	off-road vehicle operators, and the issuance of off-road vehicle
123.28 	safety certificates to operators 16 to 18 years of age who
123.29 	successfully complete the off-road vehicle environment and
123.30 	safety education and training courses.
123.31 	(b) Beginning July 1, 2006, an individual who is convicted
123.32 	of violating a law related to the operation of an off-road
123.33 	vehicle must successfully complete the environment and safety
123.34 	education and training program established under paragraph (a)
123.35 	before continuing operation of an off-road vehicle.
123.36 		Subd. 2.Fees. For the purposes of administering the
124.1 	program and to defray a portion of the expenses of training and
124.2 	certifying vehicle operators, the commissioner shall collect a
124.3 	fee not to exceed $15 from each person who receives the
124.4 	training.  The commissioner shall collect a fee for issuing a
124.5 	duplicate off-road vehicle safety certificate.  The commissioner
124.6 	shall establish the fee for a duplicate off-road vehicle safety
124.7 	certificate that neither significantly overrecovers nor
124.8 	underrecovers costs, including overhead costs, involved in
124.9 	providing the service.  The fees must be deposited in the state
124.10 	treasury and credited to the off-road vehicle account.
124.11 		Subd. 3.Cooperation and consultation. The commissioner
124.12 	shall cooperate with private organizations and associations,
124.13 	private and public corporations, and local governmental units in
124.14 	furtherance of the program established under this section.  The
124.15 	commissioner shall consult with the commissioner of public
124.16 	safety in regard to training program subject matter and
124.17 	performance testing that leads to the certification of off-road
124.18 	vehicle operators.
124.19 		Subd. 4.Reciprocity with other states. The commissioner
124.20 	may enter into reciprocity agreements or otherwise certify
124.21 	off-road vehicle environment and safety education and training
124.22 	courses from other states that are substantially similar to
124.23 	in-state courses.  Proof of completion of a course subject to a
124.24 	reciprocity agreement or certified as substantially similar is
124.25 	adequate to meet the safety certificate requirements of this
124.26 	section.

124.27 	Sec. 29. Minnesota Statutes 2004, section 84.798, is
124.28 	amended by adding a subdivision to read:
124.29 		Subd. 10.Refunds. The commissioner may issue a refund
124.30 	on a registration, not including any issuing fees paid under
124.31 	subdivision 3, paragraph (b), or section 84.027, subdivision 15,
124.32 	paragraph (a), clause (3), if the refund request is received
124.33 	within 12 months of the original registration and the vehicle
124.34 	was registered incorrectly by the commissioner or the deputy
124.35 	registrar.

124.36 	Sec. 30. Minnesota Statutes 2004, section 84.82,
125.1 	subdivision 2, is amended to read:
125.2 		Subd. 2.Application, issuance, reports, additional fee.
 125.3 	(a) Application for registration or reregistration shall be made
125.4 	to the commissioner or an authorized deputy registrar of motor
125.5 	vehicles in a format prescribed by the commissioner and shall
125.6 	state the legal name and address of every owner of the
125.7 	snowmobile.
125.8 	(b) A person who purchases a snowmobile from a retail
125.9 	dealer shall make application for registration to the dealer at
125.10 	the point of sale.  The dealer shall issue a dealer temporary
125.11 	ten-day registration permit to each purchaser who applies to the
125.12 	dealer for registration. The temporary registration is valid
125.13 	for 60 days from the date of issue.Each retail dealer shall
125.14 	submit completed registration and fees to the deputy registrar
125.15 	at least once a week. No fee may be charged by a dealer to a
125.16 	purchaser for providing the temporary permit.
125.17 	(c) Upon receipt of the application and the appropriate fee
125.18 	as hereinafter provided, such snowmobile shall be registered and
125.19 	a the commissioner or deputy registrar shall issue to the
125.20 	applicant, or provide to the dealer, an assigned registration
125.21 	number assigned which shall or a commissioner or deputy
125.22 	registrar temporary ten-day permit.  Once issued, the
125.23 	registration number must be affixed to the snowmobile in a
125.24 	clearly visible and permanent manner for enforcement purposes as
125.25 	the commissioner of natural resources shall prescribe. A dealer
125.26 	subject to paragraph (b) shall provide the registration
125.27 	materials or temporary permit to the purchaser within the
125.28 	temporary ten-day permit period.The registration is not valid
125.29 	unless signed by at least one owner.
125.30 	(c) (d) Each deputy registrar of motor vehicles acting
125.31 	pursuant to section 168.33, shall also be a deputy registrar of
125.32 	snowmobiles.  The commissioner of natural resources in agreement
125.33 	with the commissioner of public safety may prescribe the
125.34 	accounting and procedural requirements necessary to assure
125.35 	efficient handling of registrations and registration fees.
125.36 	Deputy registrars shall strictly comply with these accounting
126.1 	and procedural requirements.
126.2 	(d) (e) A fee of $2 in addition to that otherwise
126.3 	prescribed by law shall be charged for:
126.4 	(1) each snowmobile registered by the registrar or a deputy
126.5 	registrar and the additional fee shall be disposed of in the
126.6 	manner provided in section 168.33, subdivision 2; or
126.7 	(2) each snowmobile registered by the commissioner and the
126.8 	additional fee shall be deposited in the state treasury and
126.9 	credited to the snowmobile trails and enforcement account in the
126.10 	natural resources fund.

126.11 	Sec. 31. Minnesota Statutes 2004, section 84.82, is
126.12 	amended by adding a subdivision to read:
126.13 		Subd. 11.Refunds. The commissioner may issue a refund
126.14 	on a registration, not including any issuing fees paid under
126.15 	subdivision 2, paragraph (e), or section 84.027, subdivision 15,
126.16 	paragraph (a), clause (3), if the refund request is received
126.17 	within 12 months of the original registration and:
126.18 	(1) the snowmobile was registered incorrectly by the
126.19 	commissioner or the deputy registrar; or 
126.20 	(2) the snowmobile was registered twice, once by the dealer
126.21 	and once by the customer.

126.22 	Sec. 32. Minnesota Statutes 2004, section 84.8205,
126.23 	subdivision 1, is amended to read:
126.24 		Subdivision 1.Sticker required; fee.  A person may not
126.25 	operate a snowmobile that is not registered in this state on a
126.26 	state or grant-in-aid snowmobile trail unless a snowmobile state
126.27 	trail sticker is affixed to the snowmobile.  The commissioner of
126.28 	natural resources shall issue a sticker upon application and
126.29 	payment of a $15 fee. The fee for a three-year snowmobile state
126.30 	trail sticker that is purchased at the time of snowmobile
126.31 	registration is $30.  In addition to other penalties prescribed
126.32 	by law, a person in violation of this subdivision must purchase
126.33 	an annual state trail sticker for a fee of $30.The sticker is
126.34 	valid from November 1 through April 30.  Fees collected under
126.35 	this section, except for the issuing fee for licensing agents
126.36 	under this section and for the electronic licensing system
127.1 	commission established by the commissioner under section 84.027,
127.2 	subdivision 15,shall be deposited in the state treasury and
127.3 	credited to the snowmobile trails and enforcement account in the
127.4 	natural resources fund and must be used for grants-in-aid, trail
127.5 	maintenance, grooming, and easement acquisition.
127.6 	
EFFECTIVE DATE. This section is effective July 6, 2005.

127.7 	Sec. 33. Minnesota Statutes 2004, section 84.8205,
127.8 	subdivision 3, is amended to read:
127.9 		Subd. 3.License agents. County auditors are appointed
127.10 	agents of the commissioner for the sale of snowmobile state
127.11 	trail stickers.The commissioner may appoint other state
127.12 	agencies as agents for the sale of the to issue and sell state
127.13 	trail stickers. A county auditor may appoint subagents within
127.14 	the county or within adjacent counties to sell stickers.  Upon
127.15 	appointment of a subagent, the auditor shall notify the
127.16 	commissioner of the name and address of the subagent.  The
127.17 	auditor may revoke the appointment of a subagent, and The
127.18 	commissioner may revoke the appointment of a state agency an
127.19 	agent at any time. The commissioner may require an auditor to
127.20 	revoke a subagent's appointment.  The auditor shall furnish
127.21 	stickers on consignment to any subagent who furnishes a surety
127.22 	bond in favor of the county in an amount at least equal to the
127.23 	value of the stickers to be consigned to that subagent.  A
127.24 	surety bond is not required for a state agency appointed by the
127.25 	commissioner.  The county auditor shall be responsible for all
127.26 	stickers issued to and user fees received by agents except in a
127.27 	county where the county auditor does not retain fees paid for
127.28 	license purposes.  In these counties, the responsibilities
127.29 	imposed by this section upon the county auditor are imposed upon
127.30 	the county.The commissioner may promulgate adopt additional
127.31 	rules governing the accounting and procedures for handling state
127.32 	trail stickers as provided in section 97A.485, subdivision 11.
127.33 	Any resident desiring to sell snowmobile state trail
127.34 	stickers may either purchase for cash or obtain on consignment
127.35 	stickers from a county auditor in groups of not less than ten
127.36 	individual stickers.  In selling stickers, the resident shall be
128.1 	deemed a subagent of the county auditor and the commissioner,
128.2 	and An agent shall observe all rules promulgated adopted by the
128.3 	commissioner for accounting and handling of licenses and 
128.4 	stickers pursuant to section 97A.485, subdivision 11.
128.5 	The county auditor An agent shall promptly deposit and
128.6 	remit all money received from the sale of the stickers with the
128.7 	county treasurer and shall promptly transmit any reports
128.8 	required by the commissioner, plus 96 percent of the price paid
128.9 	by each stickerholder, exclusive of the issuing fee, for each
128.10 	sticker sold or consigned by the auditor and subsequently sold
128.11 	to a stickerholder during the accounting period.  The county
128.12 	auditor shall retain as a commission four percent of all sticker
128.13 	fees, excluding the issuing fee for stickers consigned to
128.14 	subagents and the issuing fee on stickers sold by the auditor to
128.15 	stickerholders to the commissioner.
128.16 	Unsold stickers in the hands of any subagent shall be
128.17 	redeemed by the commissioner if presented for redemption within
128.18 	the time prescribed by the commissioner.  Any stickers not
128.19 	presented for redemption within the period prescribed shall be
128.20 	conclusively presumed to have been sold, and the subagent
128.21 	possessing the same or to whom they are charged shall be
128.22 	accountable.
128.23 	
EFFECTIVE DATE. This section is effective July 6, 2005.

128.24 	Sec. 34. Minnesota Statutes 2004, section 84.8205,
128.25 	subdivision 4, is amended to read:
128.26 		Subd. 4.distribution issuance of stickers.  The
128.27 	commissioner and agents shall provide issue and sell snowmobile
128.28 	state trail stickers to all agents authorized to issue stickers
128.29 	by the commissioner.
128.30 	
EFFECTIVE DATE. This section is effective July 6, 2005.

128.31 	Sec. 35. Minnesota Statutes 2004, section 84.8205,
128.32 	subdivision 6, is amended to read:
128.33 		Subd. 6.Duplicate state trail stickers.  The
128.34 	commissioner and agents shall issue a duplicate sticker to
128.35 	persons whose sticker is lost or destroyed using the process
128.36 	established under section 97A.405, subdivision 3, and rules
129.1 	promulgated thereunder.  The fee for a duplicate state trail
129.2 	sticker is $2, with an issuing fee of 50 cents.
129.3 	
EFFECTIVE DATE. This section is effective July 6, 2005.

129.4 	Sec. 36. Minnesota Statutes 2004, section 84.83,
129.5 	subdivision 3, is amended to read:
129.6 		Subd. 3.Purposes for the account.  The money deposited
129.7 	in the account and interest earned on that money may be expended
129.8 	only as appropriated by law for the following purposes:
129.9 	(1) for a grant-in-aid program to counties and
129.10 	municipalities for construction and maintenance of snowmobile
129.11 	trails, including maintenance of trails on lands and waters of
129.12 	Voyageurs National Park, on Lake of the Woods, on Rainy Lake,
129.13 	and on the following lakes in St. Louis County:  Burntside,
129.14 	Crane, Little Long, Mud, Pelican, Shagawa, and Vermilion;
129.15 	(2) for acquisition, development, and maintenance of state
129.16 	recreational snowmobile trails;
129.17 	(3) for snowmobile safety programs; and
129.18 	(4) for the administration and enforcement of sections
129.19 	84.81 to 84.91 and appropriated grants to local law enforcement
129.20 	agencies.

129.21 	Sec. 37. Minnesota Statutes 2004, section 84.83,
129.22 	subdivision 4, is amended to read:
129.23 		Subd. 4.Provisions applicable to funding recipients.
 129.24 	(a) Recipients of Minnesota trail assistance program funds must
129.25 	be afforded the same protection and be held to the same standard
129.26 	of liability as a political subdivision under chapter 466 for
129.27 	activities associated with the administration, design,
129.28 	construction, maintenance, and grooming of snowmobile trails.
129.29 	(b) Recipients of Minnesota trail assistance program funds
129.30 	who maintain ice trails on public waters listed under
129.31 	subdivision 3, clause (1), or on waters of Voyageurs National
129.32 	Park are expressly immune from liability under section 466.03,
129.33 	subdivision 6e.

129.34 	Sec. 38. Minnesota Statutes 2004, section 84.86,
129.35 	subdivision 1, is amended to read:
129.36 		Subdivision 1.Required rules.  With a view of achieving
130.1 	maximum use of snowmobiles consistent with protection of the
130.2 	environment the commissioner of natural resources shall adopt
130.3 	rules in the manner provided by chapter 14, for the following
130.4 	purposes:
130.5 	(1) Registration of snowmobiles and display of registration
130.6 	numbers.
130.7 	(2) Use of snowmobiles insofar as game and fish resources
130.8 	are affected.
130.9 	(3) Use of snowmobiles on public lands and waters, or on
130.10 	grant-in-aid trails.
130.11 	(4) Uniform signs to be used by the state, counties, and
130.12 	cities, which are necessary or desirable to control, direct, or
130.13 	regulate the operation and use of snowmobiles.
130.14 	(5) Specifications relating to snowmobile mufflers.
130.15 	(6) A comprehensive snowmobile information and safety
130.16 	education and training program, including but not limited to the
130.17 	preparation and dissemination of snowmobile information and
130.18 	safety advice to the public, the training of snowmobile
130.19 	operators, and the issuance of snowmobile safety certificates to
130.20 	snowmobile operators who successfully complete the snowmobile
130.21 	safety education and training course.  For the purpose of
130.22 	administering such program and to defray expenses of training
130.23 	and certifying snowmobile operators, the commissioner shall
130.24 	collect a fee from each person who receives the youth or adult
130.25 	training.  The commissioner shall collect a fee, to include a $1
130.26 	issuing fee for licensing agents,for issuing a duplicate
130.27 	snowmobile safety certificate.  The commissioner shall establish
130.28 	both fees in a manner that neither significantly overrecovers
130.29 	nor underrecovers costs, including overhead costs, involved in
130.30 	providing the services.  The fees are not subject to the
130.31 	rulemaking provisions of chapter 14 and section 14.386 does not
130.32 	apply.  The fees may be established by the commissioner
130.33 	notwithstanding section 16A.1283.  The fees must , except for the
130.34 	issuing fee for licensing agents under this subdivision, shall 
130.35 	be deposited in the snowmobile trails and enforcement account in
130.36 	the natural resources fund and the amount thereof, except for
131.1 	the electronic licensing system commission established by the
131.2 	commissioner under section 84.027, subdivision 15, and issuing
131.3 	fees collected by the commissioner,is appropriated annually to
131.4 	the Enforcement Division of the Department of Natural Resources
131.5 	for the administration of such programs.  In addition to the fee
131.6 	established by the commissioner, instructors may charge each
131.7 	person up to the established fee amount for class materials and
131.8 	expenses.  The commissioner shall cooperate with private
131.9 	organizations and associations, private and public corporations,
131.10 	and local governmental units in furtherance of the program
131.11 	established under this clause.  School districts may cooperate
131.12 	with the commissioner and volunteer instructors to provide space
131.13 	for the classroom portion of the training.  The commissioner
131.14 	shall consult with the commissioner of public safety in regard
131.15 	to training program subject matter and performance testing that
131.16 	leads to the certification of snowmobile operators.
131.17 	(7) The operator of any snowmobile involved in an accident
131.18 	resulting in injury requiring medical attention or
131.19 	hospitalization to or death of any person or total damage to an
131.20 	extent of $500 or more, shall forward a written report of the
131.21 	accident to the commissioner on such form as the commissioner
131.22 	shall prescribe.  If the operator is killed or is unable to file
131.23 	a report due to incapacitation, any peace officer investigating
131.24 	the accident shall file the accident report within ten business
131.25 	days.
131.26 	
EFFECTIVE DATE. This section is effective July 6, 2005.

131.27 	Sec. 39. Minnesota Statutes 2004, section 84.922,
131.28 	subdivision 2, is amended to read:
131.29 		Subd. 2.Application, issuance, reports.  (a) Application
131.30 	for registration or continued registration shall be made to the
131.31 	commissioner of natural resources, the commissioner of public
131.32 	safety or an authorized deputy registrar of motor vehicles in a
131.33 	form prescribed by the commissioner.  The form must state the
131.34 	name and address of every owner of the vehicle.
131.35 	(b) A person who purchases an all-terrain vehicle from a
131.36 	retail dealer shall make application for registration to the
132.1 	dealer at the point of sale.  The dealer shall issue a dealer 
132.2 	temporary ten-day registration permit to each purchaser who
132.3 	applies to the dealer for registration.  The dealer shall submit
132.4 	the completed registration application and fees to the deputy
132.5 	registrar at least once each week.  No fee may be charged by a
132.6 	dealer to a purchaser for providing the temporary permit.
132.7 	(c) Upon receipt of the application and the appropriate
132.8 	fee, the commissioner or deputy registrar shall issue to the
132.9 	applicant, or provide to the dealer, a 60-day temporary receipt
132.10 	and shall assign a an assigned registration number that or a
132.11 	commissioner or deputy registrar temporary ten-day permit.  Once
132.12 	issued, the registration number must be affixed to the vehicle
132.13 	in a manner prescribed by the commissioner.  A dealer subject to
132.14 	paragraph (b) shall provide the registration materials and or 
132.15 	temporary receipt permit to the purchaser within the ten-day
132.16 	temporary permit period.  The commissioner shall use the
132.17 	snowmobile registration system to register vehicles under this
132.18 	section.
132.19 	(d) Each deputy registrar of motor vehicles acting under
132.20 	section 168.33, is also a deputy registrar of all-terrain
132.21 	vehicles.  The commissioner of natural resources in agreement
132.22 	with the commissioner of public safety may prescribe the
132.23 	accounting and procedural requirements necessary to assure
132.24 	efficient handling of registrations and registration fees.
132.25 	Deputy registrars shall strictly comply with the accounting and
132.26 	procedural requirements.
132.27 	(e) In addition to other fees prescribed by law, a filing
132.28 	fee of $4.50 is charged for each all-terrain vehicle
132.29 	registration renewal, duplicate or replacement registration
132.30 	card, and replacement decal and a filing fee of $7 is charged
132.31 	for each all-terrain vehicle registration and registration
132.32 	transfer issued by:
132.33 	(1) a deputy registrar and shall be deposited in the
132.34 	treasury of the jurisdiction where the deputy is appointed, or
132.35 	retained if the deputy is not a public official; or
132.36 	(2) the commissioner and shall be deposited to the state
133.1 	treasury and credited to the all-terrain vehicle account in the
133.2 	natural resources fund.

133.3 	Sec. 40. Minnesota Statutes 2004, section 84.922, is
133.4 	amended by adding a subdivision to read:
133.5 		Subd. 12.Refunds. The commissioner may issue a refund
133.6 	on a registration, not including any issuing fees paid under
133.7 	subdivision 2, paragraph (e), or section 84.027, subdivision 15,
133.8 	paragraph (a), clause (3), if the refund request is received
133.9 	within 12 months of the original registration and:
133.10 	(1) the vehicle was registered incorrectly by the
133.11 	commissioner or the deputy registrar; or 
133.12 	(2) the vehicle was registered twice, once by the dealer
133.13 	and once by the customer.

133.14 	Sec. 41. Minnesota Statutes 2004, section 84.925,
133.15 	subdivision 1, is amended to read:
133.16 		Subdivision 1.Program established.  (a) The commissioner
133.17 	shall establish a comprehensive all-terrain vehicle
133.18 	environmental and safety education and training program,
133.19 	including the preparation and dissemination of vehicle
133.20 	information and safety advice to the public, the training of
133.21 	all-terrain vehicle operators, and the issuance of all-terrain
133.22 	vehicle safety certificates to vehicle operators over the age of
133.23 	12 years who successfully complete the all-terrain vehicle
133.24 	environmental and safety education and training course.
133.25 	(b) For the purpose of administering the program and to
133.26 	defray a portion of the expenses of training and certifying
133.27 	vehicle operators, the commissioner shall collect a fee of $15
133.28 	from each person who receives the training.  The commissioner
133.29 	shall collect a fee, to include a $1 issuing fee for licensing
133.30 	agents,for issuing a duplicate all-terrain vehicle safety
133.31 	certificate.  The commissioner shall establish the fee for a
133.32 	duplicate all-terrain vehicle safety certificate that neither
133.33 	significantly overrecovers nor underrecovers costs, including
133.34 	overhead costs, involved in providing the service.  Fee
133.35 	proceeds, except for the issuing fee for licensing agents under
133.36 	this subdivision,shall be deposited in the all-terrain vehicle
134.1 	account in the natural resources fund. In addition to the fee
134.2 	established by the commissioner, instructors may charge each
134.3 	person the cost of class material and expenses.
134.4 	(c) The commissioner shall cooperate with private
134.5 	organizations and associations, private and public corporations,
134.6 	and local governmental units in furtherance of the program
134.7 	established under this section.  School districts may cooperate
134.8 	with the commissioner and volunteer instructors to provide space
134.9 	for the classroom portion of the training.  The commissioner
134.10 	shall consult with the commissioner of public safety in regard
134.11 	to training program subject matter and performance testing that
134.12 	leads to the certification of vehicle operators.  By June 30,
134.13 	2003, the commissioner shall incorporate a riding component in
134.14 	the safety education and training program.
134.15 	
EFFECTIVE DATE. This section, except for the the last
134.16 	sentence in paragraph (b), is effective July 6, 2005.

134.17 	Sec. 42. Minnesota Statutes 2004, section 84.925, is
134.18 	amended by adding a subdivision to read:
134.19 		Subd. 5.Training requirements. (a) An individual who
134.20 	was born after July 1, 1987, and who is 16 years of age or
134.21 	older, must successfully complete the independent study course
134.22 	component of all-terrain vehicle safety training before
134.23 	operating an all-terrain vehicle on public lands.
134.24 	(b) An individual who is convicted of violating a law
134.25 	related to the operation of an all-terrain vehicle must
134.26 	successfully complete the independent study course component of
134.27 	all-terrain vehicle safety training before continuing operation
134.28 	of an all-terrain vehicle.
134.29 	(c) An individual who is convicted for a second or
134.30 	subsequent excess speed, trespass, or wetland violation in an
134.31 	all-terrain vehicle season, or any conviction for careless or
134.32 	reckless operation of an all-terrain vehicle, must successfully
134.33 	complete the independent study and the testing and operating
134.34 	course components of all-terrain vehicle safety training before
134.35 	continuing operation of an all-terrain vehicle.
134.36 	(d) An individual who receives three or more citations and
135.1 	convictions for violating a law related to the operation of an
135.2 	all-terrain vehicle in a two-year period must successfully
135.3 	complete the independent study and the testing and operating
135.4 	course components of all-terrain vehicle safety training before
135.5 	continuing operation of an all-terrain vehicle.
135.6 	(e) An individual must present evidence of compliance with
135.7 	this subdivision before an all-terrain vehicle registration is
135.8 	issued or renewed.
135.9 	
EFFECTIVE DATE. This section is effective January 1, 2006.

135.10 	Sec. 43. Minnesota Statutes 2004, section 84.9256,
135.11 	subdivision 1, as amended by Laws 2005, chapter 146, section 5,
135.12 	is amended to read:
135.13 		Subdivision 1.Prohibitions on youthful operators. (a)
135.14 	Except for operation on public road rights-of-way that is
135.15 	permitted under section 84.928, a driver's license issued by the
135.16 	state or another state is required to operate an all-terrain
135.17 	vehicle along or on a public road right-of-way.
135.18 	(b) A person under 12 years of age shall not:
135.19 	(1) make a direct crossing of a public road right-of-way;
135.20 	(2) operate an all-terrain vehicle on a public road
135.21 	right-of-way in the state; or
135.22 	(3) operate an all-terrain vehicle on public lands or
135.23 	waters, except as provided in paragraph (e).
135.24 	(c) Except for public road rights-of-way of interstate
135.25 	highways, a person 12 years of age but less than 16 years may
135.26 	make a direct crossing of a public road right-of-way of a trunk,
135.27 	county state-aid, or county highway or operate on public lands
135.28 	and waters, only if that person possesses a valid all-terrain
135.29 	vehicle safety certificate issued by the commissioner and is
135.30 	accompanied on another all-terrain vehicle by a person 18 years
135.31 	of age or older who holds a valid driver's license.
135.32 	(d) To be issued an all-terrain vehicle safety certificates
135.33 	issued by the commissioner to persons certificate, a person at
135.34 	least 12 years old, but less than 16 years old, are not valid
135.35 	for machines in excess of 90cc engine capacity unless must:
135.36 	(1) the person successfully completed complete the safety
136.1 	education and training program under section 84.925, subdivision
136.2 	1, including a riding component; and
136.3 	(2) the person is be able to properly reach and control the
136.4 	handle bars and reach the foot pegs while sitting upright on the
136.5 	seat of the all-terrain vehicle.
136.6 	(e) A person at least ten years of age but under 12 years
136.7 	of age may operate an all-terrain vehicle with an engine
136.8 	capacity up to 90cc on public lands or waters if accompanied by
136.9 	a parent or legal guardian.

136.10 	Sec. 44. Minnesota Statutes 2004, section 84.9257, is
136.11 	amended to read:
136.12 	84.9257 PASSENGERS.
136.13 	(a) A parent or guardian may operate an all-terrain vehicle
136.14 	carrying one passenger who is under 16 years of age and who
136.15 	wears a safety helmet approved by the commissioner of public
136.16 	safety.
136.17 	(b) For the purpose of this section, "guardian" means a
136.18 	legal guardian of a person under age 16, or a person 18 or older
136.19 	who has been authorized by the parent or legal guardian to
136.20 	supervise the person under age 16.
136.21 	(c) A person 18 years of age or older may operate an
136.22 	all-terrain vehicle carrying one passenger who is 16 or 17 years
136.23 	of age and wears a safety helmet approved by the commissioner of
136.24 	public safety.
136.25 	(d) A person 18 years of age or older may operate an
136.26 	all-terrain vehicle carrying one passenger who is 18 years of
136.27 	age or older.

136.28 	Sec. 45. Minnesota Statutes 2004, section 84.926, is
136.29 	amended to read:
136.30 	84.926 VEHICLE USE ALLOWED ON PUBLIC LANDS BY THE
136.31 	COMMISSIONER ; EXCEPTIONS.
136.32 		Subdivision 1.Exception by permit.
 136.33 	Notwithstanding section sections 84.773, subdivision 1, and 
136.34 	84.777, on a case by case basis, the commissioner may issue a
136.35 	permit authorizing a person to operate an off-highway vehicle on
136.36 	individual public trails under the commissioner's jurisdiction
137.1 	during specified times and for specified purposes.
137.2 		Subd. 2.All-terrain vehicles; managed or limited
137.3 	forests; off trail. Notwithstanding section 84.777, but subject
137.4 	to the commissioner's authority under subdivision 5, on state
137.5 	forest lands classified as managed or limited, other than the
137.6 	Richard J. Dorer Memorial Hardwood Forest, a person may use an
137.7 	all-terrain vehicle off forest trails or forest roads when:
137.8 	(1) hunting big game or transporting or installing hunting
137.9 	stands during October, November, and December, when in
137.10 	possession of a valid big game hunting license;
137.11 	(2) retrieving big game in September, when in possession of
137.12 	a valid big game hunting license;
137.13 	(3) tending traps during an open trapping season for
137.14 	protected furbearers, when in possession of a valid trapping
137.15 	license; or 
137.16 	(4) trapping minnows, when in possession of a valid minnow
137.17 	dealer, private fish hatchery, or aquatic farm license.
137.18 		Subd. 3.All-terrain vehicles; closed forests;
137.19 	hunting. Notwithstanding section 84.777, the commissioner may
137.20 	determine whether all-terrain vehicles are allowed on specific
137.21 	forest roads, on state forest lands classified as closed, for
137.22 	the purpose of hunting big game during an open big game season.
137.23 	The determination shall be by written order as published in the
137.24 	State Register and is exempt from chapter 14.  Section 14.386
137.25 	does not apply.
137.26 		Subd. 4.Off-road and all-terrain vehicles; limited or
137.27 	managed forests; trails. Notwithstanding section 84.777, but
137.28 	subject to the commissioner's authority under subdivision 5, on
137.29 	state forest lands classified as limited or managed, other than
137.30 	the Richard J. Dorer Memorial Hardwood Forest, a person may use
137.31 	vehicles registered under chapter 168 or section 84.798 or
137.32 	84.922 on forest trails that are not designated for a specific
137.33 	use when:
137.34 	(1) hunting big game or transporting or installing hunting
137.35 	stands during October, November, and December, when in
137.36 	possession of a valid big game hunting license;
138.1 	(2) retrieving big game in September, when in possession of
138.2 	a valid big game hunting license;
138.3 	(3) tending traps during an open trapping season for
138.4 	protected furbearers, when in possession of a valid trapping
138.5 	license; or 
138.6 	(4) trapping minnows, when in possession of a valid minnow
138.7 	dealer, private fish hatchery, or aquatic farm license.
138.8 		Subd. 5.Limitations on off-trail and undesignated trail
138.9 	use. The commissioner may designate areas on state forest lands
138.10 	that are not subject to the exceptions provided in subdivisions
138.11 	2 and 4.  Such designations are not subject to the rulemaking
138.12 	provisions of chapter 14 and section 14.386 does not apply.
138.13 	Before designating such areas, the commissioner shall hold a
138.14 	public meeting in the county where the largest portion of the
138.15 	forest lands are located to provide information to and receive
138.16 	comment from the public regarding the proposed designation.
138.17 	Sixty days before the public meeting, notice of the proposed
138.18 	designation shall be published in the legal newspapers that
138.19 	serve the counties in which the lands are located, in a
138.20 	statewide Department of Natural Resources news release, and in
138.21 	the State Register.

138.22 	Sec. 46. Minnesota Statutes 2004, section 84.928,
138.23 	subdivision 1, is amended to read:
138.24 		Subdivision 1.Operation on roads and rights-of-way.  (a)
138.25 	Unless otherwise allowed in sections 84.92 to 84.929, a person
138.26 	shall not operate an all-terrain vehicle in this state along or
138.27 	on the roadway, shoulder, or inside bank or slope of a public
138.28 	road right-of-way of a trunk, county state-aid, or county
138.29 	highway other than in the ditch or the outside bank or slope of
138.30 	a trunk, county state-aid, or county highway unless prohibited
138.31 	under paragraph (b).
138.32 	(b) A road authority as defined under section 160.02,
138.33 	subdivision 25, may after a public hearing restrict the use of
138.34 	all-terrain vehicles in the ditch or outside bank or slope of a
138.35 	public road right-of-way under its jurisdiction.
138.36 	(c) The restrictions in paragraphs (a), (b), (g), (h), and
139.1 	(i) do not apply to the operation of an all-terrain vehicle on
139.2 	the shoulder, inside bank or slope, ditch, or outside bank or
139.3 	slope of a trunk, interstate, county state-aid, or county
139.4 	highway when the all-terrain vehicle is:
139.5 	(1) owned by or operated under contract with a publicly or
139.6 	privately owned utility or pipeline company; and 
139.7 	(2) used for work on utilities or pipelines.
139.8 	(d) The commissioner may limit the use of a right-of-way
139.9 	for a period of time if the commissioner determines that use of
139.10 	the right-of-way causes:
139.11 	(1) degradation of vegetation on adjacent public property;
139.12 	(2) siltation of waters of the state;
139.13 	(3) impairment or enhancement to the act of taking game; or
139.14 	(4) a threat to safety of the right-of-way users or to
139.15 	individuals on adjacent public property.
139.16 	(d) (e) The commissioner must notify the road authority as
139.17 	soon as it is known that a closure will be ordered.  The notice
139.18 	must state the reasons and duration of the closure.
139.19 	(e) (f) A person may operate an all-terrain vehicle
139.20 	registered for private use and used for agricultural purposes on
139.21 	a public road right-of-way of a trunk, county state-aid, or
139.22 	county highway in this state if the all-terrain vehicle is
139.23 	operated on the extreme right-hand side of the road, and left
139.24 	turns may be made from any part of the road if it is safe to do
139.25 	so under the prevailing conditions.
139.26 	(f) (g) A person shall not operate an all-terrain vehicle
139.27 	within the public road right-of-way of a trunk, county
139.28 	state-aid, or county highway from April 1 to August 1 in the
139.29 	agricultural zone unless the vehicle is being used exclusively
139.30 	as transportation to and from work on agricultural lands.  This
139.31 	paragraph does not apply to an agent or employee of a road
139.32 	authority, as defined in section 160.02, subdivision 25, or the
139.33 	Department of Natural Resources when performing or exercising
139.34 	official duties or powers.
139.35 	(g) (h) A person shall not operate an all-terrain vehicle
139.36 	within the public road right-of-way of a trunk, county
140.1 	state-aid, or county highway between the hours of one-half hour
140.2 	after sunset to one-half hour before sunrise, except on the
140.3 	right-hand side of the right-of-way and in the same direction as
140.4 	the highway traffic on the nearest lane of the adjacent roadway.
140.5 	(h) (i) A person shall not operate an all-terrain vehicle
140.6 	at any time within the right-of-way of an interstate highway or
140.7 	freeway within this state.

140.8 	Sec. 47. Minnesota Statutes 2004, section 84.928,
140.9 	subdivision 2, is amended to read:
140.10 		Subd. 2.Operation generally.  A person may not drive or
140.11 	operate an all-terrain vehicle:
140.12 	(1) at a rate of speed greater than reasonable or proper
140.13 	under the surrounding circumstances;
140.14 	(2) in a careless, reckless, or negligent manner so as to
140.15 	endanger or to cause injury or damage to the person or property
140.16 	of another;
140.17 	(3) without headlight and taillight lighted at all times if
140.18 	the vehicle is equipped with headlight and taillight;
140.19 	(4) without a functioning stoplight if so equipped;
140.20 	(5) in a tree nursery or planting in a manner that damages
140.21 	or destroys growing stock;
140.22 	(6) without a brake operational by either hand or foot;
140.23 	(7) with more persons than one person on the vehicle than
140.24 	it was designed for, except as allowed under section 84.9257;
140.25 	(8) at a speed exceeding ten miles per hour on the frozen
140.26 	surface of public waters within 100 feet of a person not on an
140.27 	all-terrain vehicle or within 100 feet of a fishing shelter; or 
140.28 	(9) with a snorkel device that has a raised air intake six
140.29 	inches or more above the vehicle manufacturer's original air
140.30 	intake, except within the Iron Range Off-Highway Vehicle
140.31 	Recreation Area as described in section 85.013, subdivision 12a,
140.32 	or other public off-highway vehicle recreation areas; or 
140.33 	(10) in a manner that violates operation rules adopted by
140.34 	the commissioner.

140.35 	Sec. 48. Minnesota Statutes 2004, section 84D.03,
140.36 	subdivision 4, is amended to read:
141.1 		Subd. 4.Commercial fishing and turtle, frog, and
141.2 	crayfish harvesting restrictions in infested and noninfested
141.3 	waters.  (a) All nets, traps, buoys, anchors, stakes, and lines
141.4 	used for commercial fishing or turtle, frog, or crayfish
141.5 	harvesting in an infested waters,water that is designated
141.6 	because the waters contain it contains invasive fish or
141.7 	invertebrates, may not be used in noninfested any other waters.
141.8 	If a commercial licensee operates in both noninfested waters and 
141.9 	an infested waters water designated because the waters contain 
141.10 	it contains invasive fish or invertebrates and other waters, all
141.11 	nets, traps, buoys, anchors, stakes, and lines used for
141.12 	commercial fishing or turtle, frog, or crayfish harvesting in
141.13 	noninfested waters not designated as infested with invasive fish
141.14 	or invertebrates must be tagged with tags provided by the
141.15 	commissioner, as specified in the commercial licensee's license
141.16 	or permit, and may not be used in infested waters designated
141.17 	because the waters contain invasive fish or invertebrates.
141.18 	(b) In infested waters designated solely because the waters
141.19 	contain Eurasian water milfoil,All nets, traps, buoys, anchors,
141.20 	stakes, and lines used for commercial fishing or turtle, frog,
141.21 	or crayfish harvesting in an infested water that is designated
141.22 	solely because it contains Eurasian water milfoil must be dried
141.23 	for a minimum of ten days or frozen for a minimum of two days
141.24 	before they are used in noninfested any other waters, except as
141.25 	provided in this paragraph.  Commercial operators licensees must
141.26 	notify the department's regional or area fisheries office or a
141.27 	conservation officer when before removing nets or equipment from
141.28 	an infested waters water designated solely because it contains
141.29 	Eurasian water milfoil and before resetting those nets or
141.30 	equipment in noninfested any other waters. All aquatic
141.31 	macrophytes Upon notification, the commissioner may authorize a
141.32 	commercial licensee to move nets or equipment to another water
141.33 	without freezing or drying, if that water is designated as
141.34 	infested solely because it contains Eurasian water milfoil.
141.35 	(c) A commercial licensee must be removed remove all
141.36 	aquatic macrophytes from nets and other equipment when the nets
142.1 	and equipment are removed from infested waters of the state.
142.2 	(d) The commissioner shall provide a commercial licensee
142.3 	with a current listing of designated infested waters at the time
142.4 	that a license or permit is issued.

142.5 	Sec. 49. Minnesota Statutes 2004, section 85.015,
142.6 	subdivision 5, is amended to read:
142.7 		Subd. 5.Glacial lakes trail, kandiyohi, pope, and
142.8 	douglas counties.  (a) The trail shall originate at Kandiyohi
142.9 	County Park on the north shore of Green Lake in Kandiyohi County
142.10 	and thence extend northwesterly to Sibley State Park, thence
142.11 	northwesterly to Glacial Lakes State Park in Pope County, thence
142.12 	northeasterly to Lake Carlos State Park in Douglas County, and
142.13 	there terminate.
142.14 	(b) Trails may be established that extend the Glacial Lakes
142.15 	Trail system from New London to Cold Spring.
142.16 	(c) The trail shall be developed primarily for riding and
142.17 	hiking.

142.18 	Sec. 50. Minnesota Statutes 2004, section 85.053,
142.19 	subdivision 1, is amended to read:
142.20 		Subdivision 1.Form, issuance, validity.  (a) The
142.21 	commissioner shall prepare and provide state park permits for
142.22 	each calendar year that state a motor vehicle may enter and use
142.23 	state parks, state recreation areas, and state waysides over 50
142.24 	acres in area.  State park permits must be available and placed
142.25 	on sale by January 1 of the calendar year that the permit is
142.26 	valid.  A separate motorcycle permit may be prepared and
142.27 	provided by the commissioner.
142.28 	(b) An annual state park permit must be affixed when
142.29 	purchased and may be used from the time it is affixed purchased 
142.30 	for a 12-month period.  State park permits in each category must
142.31 	be numbered consecutively for each year of issue.
142.32 	(c) State park permits shall be issued by employees of the
142.33 	Division of Parks and Recreation as designated by the
142.34 	commissioner.  State park permits also may be consigned to and
142.35 	issued by agents designated by the commissioner who are not
142.36 	employees of the Division of Parks and Recreation.  All proceeds
143.1 	from the sale of permits and all unsold permits consigned to
143.2 	agents shall be returned to the commissioner at such times as
143.3 	the commissioner may direct, but no later than the end of the
143.4 	calendar year for which the permits are effective.  No part of
143.5 	the permit fee may be retained by an agent.  An additional
143.6 	charge or fee in an amount to be determined by the commissioner,
143.7 	but not to exceed four percent of the price of the permit, may
143.8 	be collected and retained by an agent for handling or selling
143.9 	the permits.

143.10 	Sec. 51. Minnesota Statutes 2004, section 85.053,
143.11 	subdivision 2, is amended to read:
143.12 		Subd. 2.Requirement.  Except as provided in section
143.13 	85.054, a motor vehicle may not enter a state park, state
143.14 	recreation area, or state wayside over 50 acres in area, without
143.15 	a state park permit issued under this section.  Except for
143.16 	vehicles permitted under subdivision 7, paragraph (a), clause
143.17 	(2), the state park permit must be affixed to the lower right
143.18 	corner windshield of the motor vehicle and must be completely
143.19 	affixed by its own adhesive to the windshield, or the
143.20 	commissioner may, by written order, provide an alternative means
143.21 	to display and validate annual permits.

143.22 	Sec. 52. Minnesota Statutes 2004, section 85.054,
143.23 	subdivision 1, is amended to read:
143.24 		Subdivision 1.State park open house day.  (a) A state
143.25 	park permit is not required for a motor vehicle to enter a state
143.26 	park, state monument, state recreation area, or state wayside,
143.27 	on one day each calendar year at each park, which the
143.28 	commissioner may designate as State Park Open House Day.  The
143.29 	commissioner may designate two consecutive days as State Park
143.30 	Open House Day, if the open house is held in conjunction with a
143.31 	special pageant described in section 85.052, subdivision 2.
143.32 	(b) The commissioner shall announce the date of each state
143.33 	park open house day at least 30 days in advance of the date it
143.34 	occurs.
143.35 	(c)  The state park open house day is to acquaint the
143.36 	public with state parks, recreation areas, and waysides.

144.1 	Sec. 53. Minnesota Statutes 2004, section 85.054, is
144.2 	amended by adding a subdivision to read:
144.3 		Subd. 11.Big bog state recreation area. A state park
144.4 	permit is not required and a fee may not be charged for motor
144.5 	vehicle entry or parking at the parking area located north of
144.6 	Tamarac River in the southern unit of Big Bog State Recreation
144.7 	Area, Beltrami County.

144.8 	Sec. 54. Minnesota Statutes 2004, section 85.055, is
144.9 	amended by adding a subdivision to read:
144.10 		Subd. 1b.Discounts. Except as otherwise specified in
144.11 	law, and notwithstanding section 16A.1285, subdivision 2, the
144.12 	commissioner may by written order authorize waiver or reduction
144.13 	of state park entrance fees.

144.14 	Sec. 55. Minnesota Statutes 2004, section 85.055,
144.15 	subdivision 2, is amended to read:
144.16 		Subd. 2.Fee deposit and appropriation.  The fees
144.17 	collected under this section shall be deposited in the natural
144.18 	resources fund and credited to a the state parks account. Money
144.19 	in the account, except for the electronic licensing system
144.20 	commission established by the commissioner under section 84.027,
144.21 	subdivision 15, is available for appropriation to the
144.22 	commissioner to operate and maintain the state park system.
144.23 	
EFFECTIVE DATE. This section is effective July 6, 2005.

144.24 	Sec. 56. Minnesota Statutes 2004, section 85.42, is
144.25 	amended to read:
144.26 	85.42 USER FEE; VALIDITY.
144.27 	(a) The fee for an annual cross-country ski pass is $9 $14 
144.28 	for an individual age 16 and over.  The fee for a three-year
144.29 	pass is $24 $39 for an individual age 16 and over.  This fee
144.30 	shall be collected at the time the pass is purchased.
144.31 	Three-year passes are valid for three years beginning the
144.32 	previous July 1.  Annual passes are valid for one year beginning
144.33 	the previous July 1.
144.34 	(b) The cost for a daily cross-country skier pass is $2 $4 
144.35 	for an individual age 16 and over.  This fee shall be collected
144.36 	at the time the pass is purchased.  The daily pass is valid only
145.1 	for the date designated on the pass form.
145.2 	(c) A pass must be signed by the skier across the front of
145.3 	the pass to be valid and becomes nontransferable on signing.

145.4 	Sec. 57. Minnesota Statutes 2004, section 85.43, is
145.5 	amended to read:
145.6 	85.43 DISPOSITION OF RECEIPTS; PURPOSE.
145.7 	(a) Fees from cross-country ski passes shall be deposited
145.8 	in the state treasury and credited to a cross-country ski
145.9 	account in the natural resources fund and, except as provided in
145.10 	paragraph (b) for the electronic licensing system commission
145.11 	established by the commissioner under section 84.027,
145.12 	subdivision 15, are appropriated to the commissioner of natural
145.13 	resources for:
145.14 	(1) grants-in-aid for cross-country ski trails sponsored by
145.15 	local units of government and special park districts as provided
145.16 	in section 85.44; and .
145.17 	(2) maintenance, winter grooming, and associated
145.18 	administrative costs for cross-country ski trails under the
145.19 	jurisdiction of the commissioner.
145.20 	(b) The commissioner shall retain for the operation of the
145.21 	electronic licensing system a commission of 4.7 percent of all
145.22 	cross-country ski pass fees collected.

145.23 	EFFECTIVE DATE. This section is effective July 6, 2005.

145.24 	Sec. 58. Minnesota Statutes 2004, section 86B.415,
145.25 	subdivision 1, is amended to read:
145.26 		Subdivision 1.Watercraft 19 feet or less.  The fee for a
145.27 	watercraft license for watercraft 19 feet or less in length
145.28 	is $18 $27 except:
145.29 	(1) for watercraft, other than personal watercraft, 19 feet
145.30 	in length or less that is offered for rent or lease, the fee is
145.31 	$6 $9;
145.32 	(2) for a canoe, kayak, sailboat, sailboard, paddle boat,
145.33 	or rowing shell 19 feet in length or less, the fee is $7 $10.50;
145.34 	(3) for a watercraft 19 feet in length or less used by a
145.35 	nonprofit corporation for teaching boat and water safety, the
145.36 	fee is as provided in subdivision 4;
146.1 	(4) for a watercraft owned by a dealer under a dealer's
146.2 	license, the fee is as provided in subdivision 5;
146.3 	(5) for a personal watercraft, the fee is $25 $37.50; and
146.4 	(6) for a watercraft less than 17 feet in length, other
146.5 	than a watercraft listed in clauses (1) to (5), the fee
146.6 	is $12 $18.

146.7 	Sec. 59. Minnesota Statutes 2004, section 86B.415,
146.8 	subdivision 2, is amended to read:
146.9 		Subd. 2.Watercraft over 19 feet.  Except as provided in
146.10 	subdivisions 3, 4, and 5, the watercraft license fee:
146.11 	(1) for a watercraft more than 19 feet but less than 26
146.12 	feet in length is $30 $45;
146.13 	(2) for a watercraft 26 feet but less than 40 feet in
146.14 	length is $45 $67.50; and
146.15 	(3) for a watercraft 40 feet in length or longer is $60 $90.

146.16 	Sec. 60. Minnesota Statutes 2004, section 86B.415,
146.17 	subdivision 3, is amended to read:
146.18 		Subd. 3.Watercraft over 19 feet for hire.  The license
146.19 	fee for a watercraft more than 19 feet in length for hire with
146.20 	an operator is $50 $75 each.

146.21 	Sec. 61. Minnesota Statutes 2004, section 86B.415,
146.22 	subdivision 4, is amended to read:
146.23 		Subd. 4.Watercraft used by nonprofit corporation for
146.24 	teaching.  The watercraft license fee for a watercraft used by a
146.25 	nonprofit organization for teaching boat and water safety is
146.26 	$3 $4.50 each.

146.27 	Sec. 62. Minnesota Statutes 2004, section 86B.415,
146.28 	subdivision 5, is amended to read:
146.29 		Subd. 5.Dealer's license.  There is no separate fee for
146.30 	watercraft owned by a dealer under a dealer's license.  The fee
146.31 	for a dealer's license is $45 $67.50.

146.32 	Sec. 63. Minnesota Statutes 2004, section 86B.415,
146.33 	subdivision 6, is amended to read:
146.34 		Subd. 6.Transfer or duplicate license.  The fee to
146.35 	transfer a watercraft license or be issued a duplicate license
146.36 	is $3 $4.50.

147.1 	Sec. 64. Minnesota Statutes 2004, section 86B.415, is
147.2 	amended by adding a subdivision to read:
147.3 		Subd. 11.Refunds. The commissioner may issue a refund
147.4 	on a license or title, not including any issuing fees paid under
147.5 	subdivision 8 or section 84.027, subdivision 15, paragraph (a),
147.6 	clause (3), or 86B.870, subdivision 1, paragraph (b), if the
147.7 	refund request is received within 12 months of the original
147.8 	license or title and:
147.9 	(1) the watercraft was licensed or titled incorrectly by
147.10 	the commissioner or the deputy registrar;
147.11 	(2) the customer was incorrectly charged a title fee; or 
147.12 	(3) the watercraft was licensed or titled twice, once by
147.13 	the dealer and once by the customer.

147.14 	Sec. 65. [86B.706] WATER RECREATION ACCOUNT; RECEIPTS AND
147.15 	PURPOSE.
147.16 		Subdivision 1.Creation. The water recreation account is
147.17 	created in the state treasury in the natural resources fund.
147.18 		Subd. 2.Money deposited in account. The following shall
147.19 	be deposited in the state treasury and credited to the water
147.20 	recreation account:
147.21 	(1) fees and surcharges from titling and licensing of
147.22 	watercraft under this chapter;
147.23 	(2) fines, installment payments, and forfeited bail
147.24 	according to section 86B.705, subdivision 2;
147.25 	(3) civil penalties according to section 84D.13;
147.26 	(4) mooring fees and receipts from the sale of marine gas
147.27 	at state-operated or state-assisted small craft harbors and
147.28 	mooring facilities according to section 86A.21;
147.29 	(5) the unrefunded gasoline tax attributable to watercraft
147.30 	use under section 296A.18; and 
147.31 	(6) fees for permits issued to control or harvest aquatic
147.32 	plants other than wild rice under section 103G.615, subdivision
147.33 	2.
147.34 		Subd. 3.Purposes. The money in the account may be
147.35 	expended only as appropriated by law for the following purposes:
147.36 	(1) as directed under section 296A.18, subdivision 2, for
148.1 	acquisition, development, maintenance, and rehabilitation of
148.2 	public water access and boating facilities on public waters;
148.3 	lake and river improvements; and boat and water safety;
148.4 	(2) from the fees collected at state-operated or
148.5 	state-assisted small craft harbors and mooring facilities from
148.6 	daily and seasonal moorings and the sale of marine gas, for
148.7 	maintenance, operation, replacement, and expansion of these
148.8 	facilities and for the debt service on state bonds sold to
148.9 	finance these facilities;
148.10 	(3) for administration and enforcement of this chapter as
148.11 	it pertains to titling and licensing of watercraft and use and
148.12 	safe operation of watercraft; grants for county-sponsored and
148.13 	administered boat and water safety programs; and state boat and
148.14 	water safety efforts;
148.15 	(4) for management of aquatic invasive species and the
148.16 	implementation of chapter 84D as it pertains to aquatic invasive
148.17 	species, including control, public awareness, law enforcement,
148.18 	assessment and monitoring, management planning, and research;
148.19 	and 
148.20 	(5) for management of aquatic plants and the implementation
148.21 	of section 103G.615 as it pertains to aquatic plants, including
148.22 	plant removal permitting, control, public awareness, law
148.23 	enforcement, assessment and monitoring, management planning, and
148.24 	research.

148.25 	Sec. 66. Minnesota Statutes 2004, section 88.17,
148.26 	subdivision 1, is amended to read:
148.27 		Subdivision 1.Permit required. (a) A permit to start a
148.28 	fire to burn vegetative materials and other materials allowed by
148.29 	Minnesota Statutes or official state rules and regulations may
148.30 	be given by the commissioner or the commissioner's agent.  This
148.31 	permission shall be in the form of:
148.32 	(1) a written permit signed issued by a forest officer,
148.33 	fire warden, authorized Minnesota pollution control agent,or
148.34 	other person authorized by the forest officer, or town fire
148.35 	warden, and commissioner; or 
148.36 	(2) an electronic permit issued by the commissioner, an
149.1 	agent authorized by the commissioner, or an Internet site
149.2 	authorized by the commissioner.
149.3 	(b) Burning permits shall set the time and conditions by
149.4 	which the fire may be started and burned.  The permit shall also
149.5 	specifically list the materials that may be burned.  The
149.6 	permittee must have the permit on their person and shall produce
149.7 	the permit for inspection when requested to do so by a forest
149.8 	officer, town fire warden,conservation officer, or other peace
149.9 	officer.  The permittee shall remain with the fire at all times
149.10 	and before leaving the site shall completely extinguish the
149.11 	fire.  A person shall not start or cause a fire to be started on
149.12 	any land that is not owned or under their legal control without
149.13 	the written permission of the owner, lessee, or an agent of the
149.14 	owner or lessee of the land.  Violating or exceeding the permit
149.15 	conditions shall constitute a misdemeanor and shall be cause for
149.16 	the permit to be revoked.

149.17 	Sec. 67. Minnesota Statutes 2004, section 88.17, is
149.18 	amended by adding a subdivision to read:
149.19 		Subd. 4.Account created. There is created in the state
149.20 	treasury a burning permit account within the natural resources
149.21 	fund where all fees collected under this section shall be
149.22 	deposited.

149.23 	Sec. 68. Minnesota Statutes 2004, section 88.17, is
149.24 	amended by adding a subdivision to read:
149.25 		Subd. 5.Permit fees. (a) The annual fees for an
149.26 	electronic burning permit are:
149.27 	(1) $5 for a noncommercial burning permit; and 
149.28 	(2) for commercial enterprises that obtain multiple
149.29 	permits, $5 per permit for each burning site, up to a maximum of
149.30 	$50 per individual business enterprise per year.
149.31 	(b) Except for the issuing fee under paragraph (c), and for
149.32 	the electronic licensing system commission established by the
149.33 	commissioner under section 84.027, subdivision 15, money
149.34 	received from permits issued under this section shall be
149.35 	deposited in the state treasury and credited to the burning
149.36 	permit account and is annually appropriated to the commissioner
150.1 	of natural resources for the costs of operating the burning
150.2 	permit system.
150.3 	(c) Of the fee amount collected under paragraph (a), $1
150.4 	shall be retained by the permit agent as a commission for
150.5 	issuing electronic permits.
150.6 	(d) Fire wardens who issue written permits may charge a fee
150.7 	of up to $1 for each permit issued, to be retained by the fire
150.8 	warden as a commission for issuing the permit.  This paragraph
150.9 	does not limit a local government unit from charging an
150.10 	administrative fee for issuing open burning permits within its
150.11 	jurisdiction.

150.12 	Sec. 69. Minnesota Statutes 2004, section 88.6435,
150.13 	subdivision 4, is amended to read:
150.14 		Subd. 4.forest bough account;disposition of permit fees
150.15 	and penalties. (a) The forest bough account is established in
150.16 	the state treasury within the natural resources fund.
150.17 	(b) Fees for permits issued under this section shall be
150.18 	deposited in the state treasury and credited to the special
150.19 	revenue fund forest bough account and, except for the electronic
150.20 	licensing system commission established by the commissioner
150.21 	under section 84.027, subdivision 15,are annually appropriated
150.22 	to the commissioner of natural resources for costs associated
150.23 	with balsam bough educational programs for harvesters and buyers.
150.24 	
EFFECTIVE DATE. This section is effective July 6, 2005.

150.25 	Sec. 70. Minnesota Statutes 2004, section 89.039,
150.26 	subdivision 1, is amended to read:
150.27 		Subdivision 1.Account established; sources.  The forest
150.28 	management investment account is created in the natural
150.29 	resources fund in the state treasury and money in the account
150.30 	may be spent only for the purposes provided in subdivision 2.
150.31 	The following revenue shall be deposited in the forest
150.32 	management investment account:
150.33 	(1) timber sales receipts transferred from the consolidated
150.34 	conservation areas account as provided in section 84A.51,
150.35 	subdivision 2;
150.36 	(2) timber sales receipts from forest lands as provided in
151.1 	section 89.035; and 
151.2 	(3) money transferred from the forest suspense account
151.3 	according to section 16A.125, subdivision 5; and 
151.4 	(4) interest accruing from investment of the account.

151.5 	Sec. 71. Minnesota Statutes 2004, section 89.19,
151.6 	subdivision 2, is amended to read:
151.7 		Subd. 2.Rulemaking exemption.  Designations of forest
151.8 	trails and changes to the designations by the commissioner shall
151.9 	be by written order published in the State Register.
151.10 	Designations and changes to designations are not subject to the
151.11 	rulemaking provisions of chapter 14 and section 14.386 does not
151.12 	apply.  Before designating or changing a designation of forest
151.13 	trails, the commissioner shall hold a public meeting in the
151.14 	county where the largest portion of the forest lands are located
151.15 	to provide information to and receive comment from the public
151.16 	regarding the proposed trail designation or change in
151.17 	designation.  Sixty days before the public meeting, notice of
151.18 	the proposed forest trail designation or change in designation 
151.19 	shall be published in the legal newspapers that serve the
151.20 	counties in which the lands are located, in a statewide
151.21 	Department of Natural Resources news release, and in the State
151.22 	Register.

151.23 	Sec. 72. Minnesota Statutes 2004, section 89.36,
151.24 	subdivision 2, is amended to read:
151.25 		Subd. 2.Purchase of stock.  The commissioner of natural
151.26 	resources may purchase tree planting stock for the purposes
151.27 	herein authorized under the provisions of sections 89.35 to
151.28 	89.39, or any other applicable law now or hereafter in
151.29 	force. The commissioner must give preference for Minnesota
151.30 	grown planting stock.

151.31 	Sec. 73. Minnesota Statutes 2004, section 89.37,
151.32 	subdivision 4, is amended to read:
151.33 		Subd. 4.Proceeds of sale.  All money received in payment
151.34 	for tree planting stock supplied under this section shall be
151.35 	deposited in the state treasury and credited to a forest nursery
151.36 	account and are available to the commissioner of natural
152.1 	resources for the purposes of sections 89.35 to 89.37, including
152.2 	up to $250,000 per year for forestry education and technical
152.3 	assistance.

152.4 	Sec. 74. Minnesota Statutes 2004, section 90.195, is
152.5 	amended to read:
152.6 	90.195 SPECIAL USE PERMIT.
152.7 	The commissioner may issue a permit to salvage or cut not
152.8 	to exceed 12 cords of fuelwood per year for personal use from
152.9 	either or both of the following sources:  (1) dead, down, and
152.10 	diseased trees; (2) other trees that are of negative value under
152.11 	good forest management practices.  The permits may be issued for
152.12 	a period not to exceed one year.  The commissioner shall charge
152.13 	a fee, not less than $5, in an amount up to the stumpage for the
152.14 	permit that shall cover the commissioner's cost of issuing the
152.15 	permit and shall not exceed the current market value of fuelwood
152.16 	of similar species, grade, and volume that is being sold in the
152.17 	area where the salvage or cutting is authorized under the permit.

152.18 	Sec. 75. Minnesota Statutes 2004, section 92.03,
152.19 	subdivision 4, is amended to read:
152.20 		Subd. 4.Internal improvement lands. When lands donated
152.21 	to the state under the eighth section of an act of Congress
152.22 	entitled "An act to appropriate the proceeds of the sales of the
152.23 	public lands, and to grant preemption rights," approved
152.24 	September 4, 1841, must be are sold and ,the money derived from
152.25 	its sale must be invested, as provided by the Minnesota
152.26 	Constitution, article XI, section 8.

152.27 	Sec. 76. [92.685] LAND MANAGEMENT ACCOUNT.
152.28 	The land management account is created in the natural
152.29 	resources fund.  Money credited to the account is appropriated
152.30 	annually to the commissioner of natural resources for the Lands
152.31 	and Minerals Division to administer the road easement program
152.32 	under section 84.631.

152.33 	Sec. 77. [93.2236] MINERALS MANAGEMENT ACCOUNT.
152.34 	(a) The minerals management account is created as an
152.35 	account in the natural resources fund.  Interest earned on money
152.36 	in the account accrues to the account.  Money in the account may
153.1 	be spent or distributed only as provided in paragraphs (b) and
153.2 	(c).
153.3 	(b) If the balance in the minerals management account
153.4 	exceeds $3,000,000 on June 30, the amount exceeding $3,000,000
153.5 	must be distributed to the permanent school fund and the
153.6 	permanent university fund.  The amount distributed to each fund
153.7 	must be in the same proportion as the total mineral lease
153.8 	revenue received in the previous biennium from school trust
153.9 	lands and university lands.
153.10 	(c) Subject to appropriation by the legislature, money in
153.11 	the minerals management account may be spent by the commissioner
153.12 	of natural resources for mineral resource management and
153.13 	projects to enhance future mineral income and promote new
153.14 	mineral resource opportunities.

153.15 	Sec. 78. Minnesota Statutes 2004, section 94.342,
153.16 	subdivision 1, is amended to read:
153.17 		Subdivision 1.Class a.  All land owned by the state and
153.18 	controlled or administered by the commissioner or by any
153.19 	division or agency of the Department of Natural Resources shall
153.20 	be known as Class A land for the purposes of sections 94.341 to
153.21 	94.347.  Class A land shall include school, swamp, internal
153.22 	improvement, and other land granted to the state by acts of
153.23 	Congress, state forest land, tax-forfeited land held by the
153.24 	state free from any trust in favor of taxing districts, and
153.25 	other land acquired by the state in any manner and controlled or
153.26 	administered as aforesaid; but this enumeration shall not be
153.27 	deemed exclusive.

153.28 	Sec. 79. Minnesota Statutes 2004, section 94.342,
153.29 	subdivision 3, is amended to read:
153.30 		Subd. 3.class c additional restrictions on riparian
153.31 	land.  Land bordering on or adjacent to any meandered or other
153.32 	public waters and withdrawn from sale by law is Class C riparian 
153.33 	land. Class C Riparian land may not be given in exchange unless
153.34 	expressly authorized by the legislature or unless through the
153.35 	same exchange the state acquires land on the same or other
153.36 	public waters in the same general vicinity affording at least
154.1 	equal opportunity for access to the waters and other riparian
154.2 	use by the public; provided, that any exchange with the United
154.3 	States or any agency thereof may be made free from this
154.4 	limitation upon condition that the state land given in exchange
154.5 	bordering on public waters shall be subject to reservations by
154.6 	the state for public travel along the shores as provided by
154.7 	section 92.45, unless waived as provided in this subdivision,
154.8 	and that there shall be reserved by the state such additional
154.9 	rights of public use upon suitable portions of such state land
154.10 	as the commissioner of natural resources, with the approval of
154.11 	the Land Exchange Board, may deem necessary or desirable for
154.12 	camping, hunting, fishing, access to the water, and other public
154.13 	uses.  In regard to Class B or Class C riparian land that is
154.14 	contained within that portion of the Superior National Forest
154.15 	that is designated as the Boundary Waters Canoe Area Wilderness,
154.16 	the condition that state land given in exchange bordering on
154.17 	public waters must be subject to the public travel reservations
154.18 	provided in section 92.45, may be waived by the Land Exchange
154.19 	Board upon the recommendation of the commissioner of natural
154.20 	resources and, if the land is Class B land, the additional
154.21 	recommendation of the county board in which the land is located.

154.22 	Sec. 80. Minnesota Statutes 2004, section 94.342,
154.23 	subdivision 4, is amended to read:
154.24 		Subd. 4.additional restrictions on state park land.
 154.25 	Land specifically designated by law as a state park may not be
154.26 	given in exchange unless the land is school trust land that is
154.27 	exchanged for Class A or Class C land located outside a state
154.28 	park.

154.29 	Sec. 81. Minnesota Statutes 2004, section 94.342,
154.30 	subdivision 5, is amended to read:
154.31 		Subd. 5.additional restrictions on school trust land.
 154.32 	School trust land may be exchanged with other state Class A land
154.33 	only if the Permanent School Fund Advisory Committee is
154.34 	appointed as temporary trustee of the school trust land for
154.35 	purposes of the exchange.  The committee shall provide
154.36 	independent legal counsel to review the exchanges.

155.1 	Sec. 82. Minnesota Statutes 2004, section 94.343,
155.2 	subdivision 1, is amended to read:
155.3 		Subdivision 1.General exchange provisions. Except as
155.4 	otherwise herein provided,(a) Any Class A land may, with the
155.5 	unanimous approval of the board, be exchanged for any publicly
155.6 	held or privately owned land in the manner and subject to the
155.7 	conditions herein prescribed. Class A land may be exchanged
155.8 	only if it meets the requirements of subdivision 3 or 5.
155.9 	(b) The commissioner, with the approval of the board, shall
155.10 	formulate general programs of exchange of Class A land designed
155.11 	to serve the best interests of the state in the acquisition,
155.12 	development, and use of lands for purposes within the province
155.13 	of the Department of Natural Resources.

155.14 	Sec. 83. Minnesota Statutes 2004, section 94.343, is
155.15 	amended by adding a subdivision to read:
155.16 		Subd. 2a.Valuation of land. The commissioner shall
155.17 	cause the state land and the land proposed to be exchanged
155.18 	therefor to be examined and value determined as provided in
155.19 	section 84.0272; provided, that in exchanges with the United
155.20 	States or any agency thereof the examination and value
155.21 	determination may be made in the manner as the Land Exchange
155.22 	Board may direct.  The determined values shall not be
155.23 	conclusive, but shall be taken into consideration by the
155.24 	commissioner and the board, together with such other matters as
155.25 	they deem material, in determining the values for the purposes
155.26 	of exchange.

155.27 	Sec. 84. Minnesota Statutes 2004, section 94.343,
155.28 	subdivision 3, is amended to read:
155.29 		Subd. 3.exchanging land of substantially equal value
155.30 	required or lower value.  (a) Except as otherwise herein 
155.31 	provided, Class A land shall be exchanged only for land of at
155.32 	least substantially equal value to the state, as determined by
155.33 	the commissioner, with the approval of the board. For the
155.34 	purposes of such determination, the commissioner shall cause the
155.35 	state land and the land proposed to be exchanged therefor to be
155.36 	examined and appraised by qualified state appraisers as provided
156.1 	in section 84.0272; provided, that in exchanges with the United
156.2 	States or any agency thereof the examination and appraisal may
156.3 	be made in such manner as the Land Exchange Board may direct.
156.4 	The appraisers shall determine the fair market value of the
156.5 	lands involved, disregarding any minimum value fixed for state
156.6 	land by the state Constitution or by law, and shall make a
156.7 	report thereof, together with such other pertinent information
156.8 	respecting the use and value of the lands to the state as they
156.9 	deem pertinent or as the commissioner or the board may require.
156.10 	Such reports shall be filed and preserved in the same manner as
156.11 	other reports of appraisal of state lands.  The appraised values
156.12 	shall not be conclusive, but shall be taken into consideration
156.13 	by the commissioner and the board, together with such other
156.14 	matters as they deem material, in determining the values for the
156.15 	purposes of exchange.
156.16 	(b) For the purposes of this subdivision, "substantially
156.17 	equal value" means:
156.18 	(1) where the lands being exchanged are both over 100
156.19 	acres, their values do not differ by more than ten percent; and
156.20 	(2) in other cases, the values of the exchanged lands do
156.21 	not differ by more than 20 percent.
156.22 	(c) Other than school trust land, Class A land may be
156.23 	exchanged for land of lesser value if the other party to the
156.24 	exchange pays to the state the amount of the difference in value.
156.25 	Money received by the commissioner in such cases shall be
156.26 	credited to the same fund as in the case of sale of the land, if
156.27 	such a fund exists, otherwise to the special fund, if any, from
156.28 	which the cost of the land was paid, otherwise to the general
156.29 	fund.

156.30 	Sec. 85. Minnesota Statutes 2004, section 94.343,
156.31 	subdivision 7, is amended to read:
156.32 		Subd. 7.Public hearing.  Before giving final approval to
156.33 	any exchange of Class A land, the board commissioner shall hold
156.34 	a public hearing thereon at the capital city or at some place
156.35 	which it may designate in the general area where the lands
156.36 	involved are situated; provided, that the board may direct such
157.1 	hearing to be held in its behalf by any of its members or by the
157.2 	commissioner or by a referee appointed by the board.  The
157.3 	commissioner shall furnish to the auditor of each county
157.4 	affected a notice of the hearing signed by the state auditor as
157.5 	secretary of the board commissioner, together with a list of all
157.6 	the lands proposed to be exchanged and situated in the county,
157.7 	and the county auditor shall post the same in the auditor's
157.8 	office at least two weeks before the hearing.  The county
157.9 	auditor commissioner shall also cause a copy of the notice,
157.10 	referring to the list of lands posted, to be published at least
157.11 	two weeks before the hearing in a legal newspaper published in
157.12 	the county.  The cost of publication of the notice shall be paid
157.13 	by the state out of any moneys appropriated for the expenses of
157.14 	the board commissioner.

157.15 	Sec. 86. Minnesota Statutes 2004, section 94.343,
157.16 	subdivision 8, is amended to read:
157.17 		Subd. 8.Proposals for exchange.  The commissioner, with
157.18 	the approval of the board, may submit a proposal for exchange of
157.19 	Class A land to any land owner concerned.  Any land owner may
157.20 	submit to the commissioner and the board a proposal for exchange
157.21 	in such form as the commissioner, with the approval of the
157.22 	board,may prescribe.

157.23 	Sec. 87. Minnesota Statutes 2004, section 94.343, is
157.24 	amended by adding a subdivision to read:
157.25 		Subd. 8a.Fees. (a) When a private landowner or
157.26 	governmental unit, except the state, presents to the
157.27 	commissioner an offer to exchange privately or publicly held
157.28 	land for Class A land, the private landowner or governmental
157.29 	unit shall pay to the commissioner a determination of value fee
157.30 	and survey fee of not less than one-half of the cost of the
157.31 	determination of value and survey fees as determined by the
157.32 	commissioner.
157.33 	(b) Except as provided in paragraph (c), any payment made
157.34 	under paragraph (a) shall be credited to the account from which
157.35 	the expenses are paid and is appropriated for expenditure in the
157.36 	same manner as other money in the account.
158.1 	(c) The fees shall be refunded if the land exchange offer
158.2 	is withdrawn by a private landowner or governmental unit before
158.3 	the money is obligated to be spent.

158.4 	Sec. 88. Minnesota Statutes 2004, section 94.343,
158.5 	subdivision 10, is amended to read:
158.6 		Subd. 10.Conveyance.  Conveyance of Class A land given
158.7 	in exchange shall be made by deed executed by the commissioner
158.8 	in the name of the state, with a certificate of unanimous
158.9 	approval by the board appended.  All such deeds received by the
158.10 	state shall be recorded or registered in the county in which the
158.11 	lands lie, and all recorded deeds and certificates of registered
158.12 	title shall be filed in the office having custody of the state
158.13 	public land records in the Department of Natural Resources.

158.14 	Sec. 89. Minnesota Statutes 2004, section 94.344,
158.15 	subdivision 1, is amended to read:
158.16 		Subdivision 1.General exchange provisions. Except as
158.17 	otherwise provided,Class B land, by resolution of the county
158.18 	board of the county where the land is located and with the
158.19 	unanimous approval of the Land Exchange Board, may be exchanged
158.20 	for any publicly held or privately owned land in the same
158.21 	county. Class B land may be exchanged only if it meets the
158.22 	requirements of subdivision 3 or 5.

158.23 	Sec. 90. Minnesota Statutes 2004, section 94.344, is
158.24 	amended by adding a subdivision to read:
158.25 		Subd. 2a.Valuation of lands. For an exchange involving
158.26 	Class B land for Class A land, the value of the lands shall be
158.27 	determined by the commissioner, with approval of the Land
158.28 	Exchange Board.  For purposes of the determination, the
158.29 	commissioner shall determine the value of the state and
158.30 	tax-forfeited land proposed to be exchanged in the same manner
158.31 	as Class A land.  For all other purposes, the county board shall
158.32 	appraise the state land and the land in the proposed exchange in
158.33 	the same manner as tax-forfeited land to be offered for sale.
158.34 	The determined values shall not be conclusive, but shall be
158.35 	taken into consideration, together with such other matters as
158.36 	may be deemed material, in determining the values for the
159.1 	purposes of exchange.

159.2 	Sec. 91. Minnesota Statutes 2004, section 94.344,
159.3 	subdivision 3, is amended to read:
159.4 		Subd. 3.exchanging land of substantially equal value
159.5 	required or lower value.  (a) Except as otherwise provided,
159.6 	Class B land may be exchanged only for land of substantially
159.7 	equal value or greater value to the state, as determined by the
159.8 	county board, with the approval of the commissioner and the Land
159.9 	Exchange Board. For an exchange involving Class B land for
159.10 	Class A or Class C land, the value of the lands shall be
159.11 	determined by the commissioner, with approval of the Land
159.12 	Exchange Board.  For purposes of the determination, the
159.13 	commissioner shall appraise the state and tax-forfeited land
159.14 	proposed to be exchanged in the same manner as Class A land.
159.15 	For all other purposes, the county board shall appraise the
159.16 	state land and the land in the proposed exchange in the same
159.17 	manner as tax-forfeited land to be offered for sale.  The
159.18 	appraised values shall not be conclusive, but shall be taken
159.19 	into consideration, together with such other matters as may be
159.20 	deemed material, in determining the values for the purposes of
159.21 	exchange.
159.22 	(b) For the purposes of this subdivision, "substantially
159.23 	equal value" means:
159.24 	(1) where the lands being exchanged are both over 100
159.25 	acres, their values do not differ by more than ten percent; and
159.26 	(2) in other cases, the values of the exchanged lands do
159.27 	not differ by more than 20 percent.
159.28 	(c) Class B land may be exchanged for land of lesser value
159.29 	if the other party to the exchange pays to the state the amount
159.30 	of the difference in value.  Money received by the county
159.31 	treasurer shall be disposed of in like manner as the proceeds of
159.32 	a sale of tax-forfeited land.

159.33 	Sec. 92. Minnesota Statutes 2004, section 94.344,
159.34 	subdivision 5, is amended to read:
159.35 		Subd. 5.obtaining exchanging land of greater value. (a) 
159.36 	Class B land may be exchanged for land of greater value only in
160.1 	case if the other party to the exchange shall waive waives 
160.2 	payment for the difference.
160.3 	(b) Except for Class A school trust land, Class B land may
160.4 	be exchanged for Class A land of greater value if the county
160.5 	pays to the state the difference in value.
160.6 	(c) Class B land may be exchanged for United States-owned
160.7 	land of greater value if the county agrees to pay the difference
160.8 	in value.

160.9 	Sec. 93. Minnesota Statutes 2004, section 94.344,
160.10 	subdivision 8, is amended to read:
160.11 		Subd. 8.Proposals for exchange.  By direction of the
160.12 	county board,the county auditor may submit a proposal for
160.13 	exchange of Class B land to any land owner concerned.  Any land
160.14 	owner may file with the county auditor a proposal for exchange
160.15 	for consideration by the county board. Forms for such proposals
160.16 	shall be prescribed by the commissioner.

160.17 	Sec. 94. Minnesota Statutes 2004, section 94.344,
160.18 	subdivision 10, is amended to read:
160.19 		Subd. 10.Approval; conveyance.  After approval by the
160.20 	county board, every proposal for the exchange of Class B land
160.21 	shall be transmitted to the commissioner in such form and with
160.22 	such information as the commissioner may prescribe for
160.23 	consideration by the commissioner and by the board.  The county
160.24 	attorney's opinion on the title, with the abstract and other
160.25 	evidence of title, if any, shall accompany the proposal.  If the
160.26 	proposal be is approved by the commissioner and the board and
160.27 	the title be is approved by the attorney general, the same shall
160.28 	be certified to the commissioner of revenue, who shall execute a
160.29 	deed in the name of the state conveying the land given in
160.30 	exchange, with a certificate of unanimous approval by the board
160.31 	appended,and transmit the deed to the county auditor to be
160.32 	delivered upon receipt of a deed conveying to the state the land
160.33 	received in exchange, approved by the county attorney; provided,
160.34 	that if any amount is due the state under the terms of the
160.35 	exchange, the deed from the state shall not be executed or
160.36 	delivered until such amount is paid in full and a certificate
161.1 	thereof by the county auditor is filed with the commissioner of
161.2 	revenue.  The county auditor shall cause all deeds received by
161.3 	the state in such exchanges to be recorded or registered, and
161.4 	thereafter shall file the deeds or the certificates of
161.5 	registered title in the auditor's office.  If the land received
161.6 	by the county in the exchange is either Class A or Class C land,
161.7 	the commissioner of revenue shall deliver the deed for the Class
161.8 	B land to the commissioner of natural resources and following
161.9 	the recording of this deed, the commissioner of natural
161.10 	resources shall deliver to the county auditor a deed conveying
161.11 	the Class A or Class C land to the county auditor to be recorded
161.12 	or registered, and afterwards file the deeds or the certificate
161.13 	of registered title in the auditor's office.

161.14 	Sec. 95. Minnesota Statutes 2004, section 97A.055,
161.15 	subdivision 4b, is amended to read:
161.16 		Subd. 4b.Citizen oversight subcommittees.  (a) The
161.17 	commissioner shall appoint subcommittees of affected persons to
161.18 	review the reports prepared under subdivision 4; review the
161.19 	proposed work plans and budgets for the coming year; propose
161.20 	changes in policies, activities, and revenue enhancements or
161.21 	reductions; review other relevant information; and make
161.22 	recommendations to the legislature and the commissioner for
161.23 	improvements in the management and use of money in the game and
161.24 	fish fund.
161.25 	(b) The commissioner shall appoint the following
161.26 	subcommittees, each comprised of at least three affected persons:
161.27 	(1) a Fisheries Operations Subcommittee to review fisheries
161.28 	funding, excluding activities related to trout and salmon stamp
161.29 	funding;
161.30 	(2) a Wildlife Operations Subcommittee to review wildlife
161.31 	funding, excluding activities related to migratory waterfowl,
161.32 	pheasant, and turkey stamp funding and excluding review of the
161.33 	amounts available under section 97A.075, subdivision 1,
161.34 	paragraphs (b) and (c);
161.35 	(3) a Big Game Subcommittee to review the report required
161.36 	in subdivision 4, paragraph (a), clause (2);
162.1 	(4) an Ecological Services Operations Subcommittee to
162.2 	review ecological services funding;
162.3 	(5) a subcommittee to review game and fish fund funding of
162.4 	enforcement, support services, and Department of Natural
162.5 	Resources administration;
162.6 	(6) a subcommittee to review the trout and salmon stamp
162.7 	report and address funding issues related to trout and salmon;
162.8 	(7) a subcommittee to review the report on the migratory
162.9 	waterfowl stamp and address funding issues related to migratory
162.10 	waterfowl;
162.11 	(8) a subcommittee to review the report on the pheasant
162.12 	stamp and address funding issues related to pheasants; and
162.13 	(9) a subcommittee to review the report on the turkey stamp
162.14 	and address funding issues related to wild turkeys.
162.15 	(c) The chairs of each of the subcommittees shall form a
162.16 	Budgetary Oversight Committee to coordinate the integration of
162.17 	the subcommittee reports into an annual report to the
162.18 	legislature; recommend changes on a broad level in policies,
162.19 	activities, and revenue enhancements or reductions; provide a
162.20 	forum to address issues that transcend the subcommittees; and
162.21 	submit a report for any subcommittee that fails to submit its
162.22 	report in a timely manner.
162.23 	(d) The Budgetary Oversight Committee shall develop
162.24 	recommendations for a biennial budget plan and report for
162.25 	expenditures on game and fish activities.  By August 15 of each
162.26 	even-numbered year, the committee shall submit the budget plan
162.27 	recommendations to the commissioner and to the senate and house
162.28 	committees with jurisdiction over natural resources finance.
162.29 	(e) Each subcommittee shall choose its own chair, except
162.30 	that the chair of the Budgetary Oversight Committee shall be
162.31 	appointed by the commissioner and may not be the chair of any of
162.32 	the subcommittees.
162.33 	(f) The Budgetary Oversight Committee must make
162.34 	recommendations to the commissioner and to the senate and house
162.35 	committees with jurisdiction over natural resources finance for
162.36 	outcome goals from expenditures.
163.1 	(g) Notwithstanding section 15.059, subdivision 5, or other
163.2 	law to the contrary, the Budgetary Oversight Committee and
163.3 	subcommittees do not expire until June 30, 2005 2010.
163.4 	
EFFECTIVE DATE. This section is effective the day
163.5 	following final enactment.

163.6 	Sec. 96. Minnesota Statutes 2004, section 97A.061,
163.7 	subdivision 1, is amended to read:
163.8 		Subdivision 1.Applicability; amount.  (a) The
163.9 	commissioner shall annually make a payment to each county having
163.10 	public hunting areas and game refuges.  Money to make the
163.11 	payments is annually appropriated for that purpose from the
163.12 	general fund. Except as provided in paragraph (b),this section
163.13 	does not apply to state trust fund land and other state land not
163.14 	purchased for game refuge or public hunting purposes. Except as
163.15 	provided in paragraph (b),the payment shall be the greatest of:
163.16 	(1) 35 percent of the gross receipts from all special use
163.17 	permits and leases of land acquired for public hunting and game
163.18 	refuges;
163.19 	(2) 50 cents per acre on land purchased actually used for
163.20 	public hunting or game refuges; or
163.21 	(3) three-fourths of one percent of the appraised value of
163.22 	purchased land actually used for public hunting and game refuges.
163.23 	(b) The payment shall be 50 percent of the dollar amount
163.24 	adjusted for inflation as determined under section 477A.12,
163.25 	subdivision 1, paragraph (a), clause (1), multiplied by the
163.26 	number of acres of land in the county that are owned by another
163.27 	state agency for military purposes and designated as a game
163.28 	refuge under section 97A.085.
163.29 	(c) The payment must be reduced by the amount paid under
163.30 	subdivision 3 for croplands managed for wild geese.
163.31 	(c) (d) The appraised value is the purchase price for five
163.32 	years after acquisition.  The appraised value shall be
163.33 	determined by the county assessor every five years after
163.34 	acquisition.
163.35 	
EFFECTIVE DATE. This section is effective for aids paid
163.36 	in calendar year 2007 and thereafter.

164.1 	Sec. 97. Minnesota Statutes 2004, section 97A.075,
164.2 	subdivision 3, is amended to read:
164.3 		Subd. 3.Trout and salmon stamp.  (a) Ninety percent of
164.4 	the revenue from trout and salmon stamps must be credited to the
164.5 	trout and salmon management account.  Money in the account may
164.6 	be used only for:
164.7 	(1) the development, restoration, maintenance, improvement,
164.8 	protection,and preservation of habitat for trout and salmon in 
164.9 	trout streams and lakes, including, but not limited to,
164.10 	evaluating habitat; stabilizing eroding stream banks; adding
164.11 	fish cover; modifying stream channels; managing vegetation to
164.12 	protect, shade, or reduce runoff on stream banks; and purchasing
164.13 	equipment to accomplish these tasks;
164.14 	(2) rearing of trout and salmon and , including utility and
164.15 	service costs associated with coldwater hatchery buildings and
164.16 	systems;stocking of trout and salmon in streams and lakes and
164.17 	Lake Superior; and monitoring and evaluating stocked trout and
164.18 	salmon;
164.19 	(3) acquisition of easements and fee title along trout
164.20 	waters;
164.21 	(4) identifying easement and fee title areas along trout
164.22 	waters; and
164.23 	(5) research and special management projects on trout
164.24 	streams, trout lakes, and Lake Superior and the anadromous 
164.25 	portions of its tributaries.
164.26 	(b) Money in the account may not be used for costs unless
164.27 	they are directly related to a specific parcel of land or body
164.28 	of water under paragraph (a) or ,to specific fish rearing
164.29 	activities under paragraph (a), clause (2), or for costs
164.30 	associated with supplies and equipment to implement trout and
164.31 	salmon management activities under paragraph (a).

164.32 	Sec. 98. Minnesota Statutes 2004, section 97A.135,
164.33 	subdivision 2a, is amended to read:
164.34 		Subd. 2a.Disposal of land in wildlife management areas.
 164.35 	(a) The commissioner may sell or exchange land in a wildlife
164.36 	management area authorized by designation under section 86A.07,
165.1 	subdivision 3, 97A.133, or 97A.145 if the commissioner vacates
165.2 	the designation before the sale or exchange in accordance with
165.3 	this subdivision.  The designation may be vacated only if the
165.4 	commissioner finds, after a public hearing, that the disposal of
165.5 	the land is in the public interest.
165.6 	(b) A sale under this subdivision is subject to sections
165.7 	94.09 to 94.16.  An exchange under this subdivision is subject
165.8 	to sections 94.341 to 94.348 94.347.
165.9 	(c) Revenue received from a sale authorized under paragraph
165.10 	(a) is appropriated to the commissioner for acquisition of
165.11 	replacement wildlife management lands.
165.12 	(d) Land acquired by the commissioner under this
165.13 	subdivision must meet the criteria in section 86A.05,
165.14 	subdivision 8, and as soon as possible after the acquisition
165.15 	must be designated as a wildlife management area under section
165.16 	86A.07, subdivision 3, 97A.133, or 97A.145.
165.17 	(e) In acquiring land under this subdivision, the
165.18 	commissioner must give priority to land within the same
165.19 	geographic region of the state as the land conveyed.

165.20 	Sec. 99. Minnesota Statutes 2004, section 97A.4742,
165.21 	subdivision 4, is amended to read:
165.22 		Subd. 4.Annual report.  By December 15 each year, the
165.23 	commissioner shall submit a report to the legislative committees
165.24 	having jurisdiction over environment and natural resources
165.25 	appropriations and environment and natural resources policy.
165.26 	The report shall state the amount of revenue received in and
165.27 	expenditures made from revenue transferred from the lifetime
165.28 	fish and wildlife trust fund to the game and fish fund and shall
165.29 	describe projects funded, locations of the projects, and results
165.30 	and benefits from the projects.  The report may be included in
165.31 	the game and fish fund report required by section 97A.055,
165.32 	subdivision 4.  The commissioner shall make the annual report
165.33 	available to the public.

165.34 	Sec. 100. Minnesota Statutes 2004, section 97A.475,
165.35 	subdivision 3, is amended to read:
165.36 		Subd. 3.Nonresident hunting.  Fees for the following
166.1 	licenses, to be issued to nonresidents, are:
166.2 	(1) to take small game, $73;
166.3 	(2) to take deer with firearms, $135;
166.4 	(3) to take deer by archery, the greater of:
166.5 	(i) an amount equal to the total amount of license fees and
166.6 	surcharges charged to a Minnesota resident to take deer by
166.7 	archery in the person's state or province of residence; or
166.8 	(ii) $135;
166.9 	(4) to take bear, $195;
166.10 	(5) to take turkey, $73;
166.11 	(6) to take raccoon, bobcat, fox, or coyote, or lynx,$155;
166.12 	(7) to take antlered deer in more than one zone, $270; and
166.13 	(8) to take Canada geese during a special season, $4.

166.14 	Sec. 101. Minnesota Statutes 2004, section 97A.482, is
166.15 	amended to read:
166.16 	97A.482 LICENSE APPLICATIONS; COLLECTION OF SOCIAL
166.17 	SECURITY NUMBERS.
166.18 	(a) All applicants for individual noncommercial game and
166.19 	fish licenses under this chapter and chapters 97B and 97C must
166.20 	include the applicant's social security number on the license
166.21 	application.  If an applicant does not have a Social Security
166.22 	number, the applicant must certify that the applicant does not
166.23 	have a Social Security number.
166.24 	(b) The Social Security numbers collected by the
166.25 	commissioner on game and fish license applications are private
166.26 	data under section 13.355, subdivision 1, and must be provided
166.27 	by the commissioner to the commissioner of human services for
166.28 	child support enforcement purposes.  Title IV-D of the Social
166.29 	Security Act, United States Code, title 42, section 666(a)(13),
166.30 	requires the collection of Social Security numbers on game and
166.31 	fish license applications for child support enforcement purposes.
166.32 	(c) The commissioners of human services and natural
166.33 	resources shall request a waiver from the secretary of health
166.34 	and human services to exclude any applicant under the age of 16
166.35 	from the requirement under this section and under cross-country
166.36 	ski licensing sections to provide the applicant's Social
167.1 	Security number.  If a waiver is granted, this section will be
167.2 	so amended effective January 1, 2006, or upon the effective date
167.3 	of the waiver, whichever is later.

167.4 	Sec. 102. Minnesota Statutes 2004, section 97A.485,
167.5 	subdivision 6, is amended to read:
167.6 		Subd. 6.Licenses to be sold and issuing fees.  (a)
167.7 	Persons authorized to sell licenses under this section must
167.8 	issue the following licenses for the license fee and the
167.9 	following issuing fees:
167.10 	(1) to take deer or bear with firearms and by archery, the
167.11 	issuing fee is $1;
167.12 	(2) Minnesota sporting, the issuing fee is $1; and
167.13 	(3) to take small game, to take fish by angling or by
167.14 	spearing, and to trap fur-bearing animals, the issuing fee is
167.15 	$1;
167.16 	(4) for a trout and salmon stamp that is not issued
167.17 	simultaneously with an angling or sporting a license, an issuing
167.18 	fee of 50 cents may be charged at the discretion of the
167.19 	authorized seller;
167.20 	(5) for stamps other than a trout and salmon stamp, and for
167.21 	a special season Canada goose license issued simultaneously with
167.22 	a license, there is no fee; and 
167.23 	(6) for licenses, seals, tags, or coupons issued without a
167.24 	fee under section 97A.441or 97A.465, there is no an issuing fee
167.25 	of 50 cents may be charged at the discretion of the authorized
167.26 	seller;
167.27 	(7) for lifetime licenses, there is no fee; and 
167.28 	(8) for all other licenses, permits, renewals, or
167.29 	applications or any other transaction through the electronic
167.30 	licensing system under this chapter or any other chapter when an
167.31 	issuing fee is not specified, an issuing fee of 50 cents may be
167.32 	charged at the discretion of the authorized seller.
167.33 	(b) An issuing fee may not be collected for issuance of a
167.34 	trout and salmon stamp if a stamp validation is issued
167.35 	simultaneously with the related angling or sporting license.
167.36 	Only one issuing fee may be collected when selling more than one
168.1 	trout and salmon stamp in the same transaction after the end of
168.2 	the season for which the stamp was issued.
168.3 	(c) The agent shall keep the issuing fee as a commission
168.4 	for selling the licenses.
168.5 	(d) The commissioner shall collect the issuing fee on
168.6 	licenses sold by the commissioner.
168.7 	(e) A license, except stamps, must state the amount of the
168.8 	issuing fee and that the issuing fee is kept by the seller as a
168.9 	commission for selling the licenses.
168.10 	(f) For duplicate licenses, including licenses issued
168.11 	without a fee,the issuing fees are:
168.12 	(1) for licenses to take big game, 75 cents; and
168.13 	(2) for other licenses, 50 cents.
168.14 	(g) The commissioner may issue one-day angling licenses in
168.15 	books of ten licenses each to fishing guides operating charter
168.16 	boats upon receipt of payment of all license fees, excluding the
168.17 	issuing fee required under this section.  Copies of sold and
168.18 	unsold licenses shall be returned to the commissioner.  The
168.19 	commissioner shall refund the charter boat captain for the
168.20 	license fees of all unsold licenses.  Copies of sold licenses
168.21 	shall be maintained by the commissioner for one year.

168.22 	Sec. 103. Minnesota Statutes 2004, section 97A.485,
168.23 	subdivision 7, is amended to read:
168.24 		Subd. 7.Electronic licensing system commission.  The
168.25 	commissioner shall retain for the operation of the electronic
168.26 	licensing system a commission of 4.7 percent of the commission
168.27 	established under section 84.027, subdivision 15, and issuing
168.28 	fees collected by the commissioner on all license fees
168.29 	collected, excluding:
168.30 	(1) the small game surcharge; and 
168.31 	(2) all issuing fees; and 
168.32 	(3) $2.50 of the license fee for the licenses in section
168.33 	97A.475, subdivisions 6, clauses (1), (2), and (4), 7, 8, 12,
168.34 	and 13.
168.35 	
EFFECTIVE DATE. This section is effective July 6, 2005.

168.36 	Sec. 104. Minnesota Statutes 2004, section 97A.551, is
169.1 	amended by adding a subdivision to read:
169.2 		Subd. 6.Tagging and registration. The commissioner may,
169.3 	by rule, require persons taking, possessing, and transporting
169.4 	certain species of fish to tag the fish with a special fish
169.5 	management tag and may require registration of tagged fish.  A
169.6 	person may not possess or transport a fish species taken in the
169.7 	state for which a special fish management tag is required unless
169.8 	a tag is attached to the fish in a manner prescribed by the
169.9 	commissioner.  The commissioner shall prescribe the manner of
169.10 	issuance and the type of tag as authorized under section
169.11 	97C.087.  The tag must be attached to the fish as prescribed by
169.12 	the commissioner immediately upon reducing the fish to
169.13 	possession and must remain attached to the fish until the fish
169.14 	is processed or consumed.  Species for which a special fish
169.15 	management tag is required must be transported undressed.

169.16 	Sec. 105. Minnesota Statutes 2004, section 97B.005,
169.17 	subdivision 1, as amended by Laws 2005, chapter 146, section 21,
169.18 	is amended to read:
169.19 		Subdivision 1.Field training. A person may not train
169.20 	hunting dogs afield on public lands administered by the
169.21 	commissioner from April 16 to July 14 except as specifically
169.22 	authorized by permit or rule.

169.23 	Sec. 106. Minnesota Statutes 2004, section 97B.015,
169.24 	subdivision 7, is amended to read:
169.25 		Subd. 7.Fee for duplicate certificate.  The commissioner
169.26 	shall collect a fee, to include a $1 issuing fee for licensing
169.27 	agents,for issuing a duplicate firearms safety certificate.
169.28 	The commissioner shall establish a fee that neither
169.29 	significantly overrecovers nor underrecovers costs, including
169.30 	overhead costs, involved in providing the service.  The fee is
169.31 	not subject to the rulemaking provisions of chapter 14 and
169.32 	section 14.386 does not apply.  The commissioner may establish
169.33 	the fee notwithstanding section 16A.1283. The duplicate
169.34 	certificate fees, except for the issuing fee for licensing
169.35 	agents under this subdivision, shall be deposited in the game
169.36 	and fish fund and, except for the electronic licensing system
170.1 	commission established by the commissioner under section 84.027,
170.2 	subdivision 15, and issuing fees collected by the commissioner,
170.3 	are appropriated annually to the Enforcement Division of the
170.4 	Department of Natural Resources for the administration of the
170.5 	firearm safety course program.
170.6 	
EFFECTIVE DATE. This section is effective July 6, 2005.

170.7 	Sec. 107. Minnesota Statutes 2004, section 97B.020, is
170.8 	amended to read:
170.9 	97B.020 FIREARMS SAFETY CERTIFICATE REQUIRED.
170.10 	(a) Except as provided in this section and section 97A.451,
170.11 	subdivision 3a, a person born after December 31, 1979, may not
170.12 	obtain an annual license to take wild animals by firearms unless
170.13 	the person has:
170.14 	(1) a firearms safety certificate or equivalent
170.15 	certificate,;
170.16 	(2) a driver's license or identification card with a valid
170.17 	firearms safety qualification indicator issued under section
170.18 	171.07, subdivision 13,;
170.19 	(3) a previous hunting license,with a valid firearms
170.20 	safety qualification indicator;or
170.21 	(4) other evidence indicating that the person has completed
170.22 	in this state or in another state a hunter safety course
170.23 	recognized by the department under a reciprocity agreement or
170.24 	certified by the department as substantially similar.
170.25 	(b) A person who is on active duty and has successfully
170.26 	completed basic training in the United States armed forces,
170.27 	reserve component, or National Guard may obtain a hunting
170.28 	license or approval authorizing hunting regardless of whether
170.29 	the person is issued a firearms safety certificate.
170.30 	(b) (c) A person born after December 31, 1979, may not use
170.31 	a lifetime license to take wild animals by firearms, unless the
170.32 	person meets the requirements for obtaining an annual license
170.33 	under paragraph (a) or (b).

170.34 	Sec. 108. Minnesota Statutes 2004, section 97B.025, as
170.35 	amended by Laws 2005, chapter 146, section 26, is amended to
170.36 	read:
171.1 	97B.025 [HUNTER AND TRAPPER EDUCATION.]
171.2 	(a) The commissioner may establish education courses for
171.3 	hunters.  The commissioner shall collect a fee from each person
171.4 	attending a course.  A fee, to include a $1 issuing fee for
171.5 	licensing agents,shall be collected for issuing a duplicate
171.6 	certificate.  The commissioner shall establish the fees in a
171.7 	manner that neither significantly overrecovers nor underrecovers
171.8 	costs, including overhead costs, involved in providing the
171.9 	services.  The fees are not subject to the rulemaking provisions
171.10 	of chapter 14 and section 14.386 does not apply.  The
171.11 	commissioner may establish the fees notwithstanding section
171.12 	16A.1283.  The fees, except for the issuing fee for licensing
171.13 	agents under this subdivision,shall be deposited in the game
171.14 	and fish fund and the amount thereof, except for the electronic
171.15 	licensing system commission established by the commissioner
171.16 	under section 84.027, subdivision 15,is appropriated annually
171.17 	to the Enforcement Division of the Department of Natural
171.18 	Resources for the administration of the program.  In addition to
171.19 	the fee established by the commissioner for each course,
171.20 	instructors may charge each person up to the established fee
171.21 	amount for class materials and expenses.  School districts may
171.22 	cooperate with the commissioner and volunteer instructors to
171.23 	provide space for the classroom portion of the training.
171.24 	(b) The commissioner shall enter into an agreement with a
171.25 	statewide nonprofit trappers association to conduct a trapper
171.26 	education program.  At a minimum, the program must include at
171.27 	least six hours of classroom, electronic, or correspondence
171.28 	instruction and in the field training.  The program must include
171.29 	a review of state trapping laws and regulations, trapping
171.30 	ethics, the setting and tending of traps and snares, tagging and
171.31 	registration requirements, and the preparation of pelts.  The
171.32 	association shall issue a certificate to persons who complete
171.33 	the program.  The association shall be responsible for all costs
171.34 	of conducting the education program, and shall not charge any
171.35 	fee for attending the course.

171.36 	EFFECTIVE DATE. This section is effective July 6, 2005.

172.1 	Sec. 109. Minnesota Statutes 2004, section 97B.601,
172.2 	subdivision 3, is amended to read:
172.3 		Subd. 3.Nonresidents:  raccoon, bobcat, fox, coyote,
172.4 	canada lynx.  A nonresident may not take raccoon, bobcat, fox,
172.5 	or coyote, or Canada lynx by firearms without a separate license
172.6 	to take that animal in addition to a small game license.

172.7 	Sec. 110. Minnesota Statutes 2004, section 97B.605, is
172.8 	amended to read:
172.9 	97B.605 COMMISSIONER MAY RESTRICT TAKING OF CERTAIN SMALL
172.10 	GAME ANIMALS.
172.11 	The commissioner may prescribe restrictions on and
172.12 	designate areas where gray and fox squirrels, cottontail and
172.13 	jack rabbits, snowshoe hare, raccoon, lynx,bobcat, red fox and
172.14 	gray fox, fisher, pine marten, opossum, and badger may be taken
172.15 	and possessed.

172.16 	Sec. 111. Minnesota Statutes 2004, section 97B.625, as
172.17 	amended by Laws 2005, chapter 146, section 34, is amended to
172.18 	read:
172.19 	97B.625 [ LYNX AND BOBCAT.]
172.20 		Subdivision 1.Season. Based upon population estimates,
172.21 	the commissioner may set the open season for lynx or bobcat.
172.22 		Subd. 2. use of a snare. A person may use a snare to
172.23 	take lynx or bobcat, as prescribed by the commissioner, without
172.24 	a permit.

172.25 	Sec. 112. Minnesota Statutes 2004, section 97B.641, is
172.26 	amended to read:
172.27 	97B.641 COUGAR, LYNX,AND WOLVERINE.
172.28 	There is no open season for cougar, lynx,or wolverine.

172.29 	Sec. 113. Minnesota Statutes 2004, section 97B.655,
172.30 	subdivision 1, is amended to read:
172.31 		Subdivision 1.Owners and occupants may take certain
172.32 	animals.  A person may take mink, squirrel, rabbit, hare,
172.33 	raccoon, lynx,bobcat, fox, opossum, muskrat, or beaver on land
172.34 	owned or occupied by the person where the animal is causing
172.35 	damage.  The person may take the animal without a license and in
172.36 	any manner except by poison, or artificial lights in the closed
173.1 	season.  Raccoons may be taken under this subdivision with
173.2 	artificial lights during open season.  A person that kills mink,
173.3 	raccoon, lynx,bobcat, fox, opossum, muskrat, or beaver under
173.4 	this subdivision must notify a conservation officer or employee
173.5 	of the Wildlife Division within 24 hours after the animal is
173.6 	killed.

173.7 	Sec. 114. Minnesota Statutes 2004, section 97C.085, is
173.8 	amended to read:
173.9 	97C.085 PERMIT REQUIRED FOR TAGGING FISH.
173.10 	A person may not tag or otherwise mark a live fish for
173.11 	identification without a permit from the commissioner, except
173.12 	for special fish management tags as authorized under section
173.13 	97A.551.

173.14 	Sec. 115. [97C.087] SPECIAL FISH MANAGEMENT TAGS.
173.15 		Subdivision 1.Tags to be issued. If the commissioner
173.16 	determines it is necessary to require that a species of fish be
173.17 	tagged with a special fish management tag, the commissioner
173.18 	shall prescribe, by rule, the species to be tagged, tagging
173.19 	procedures, and eligibility requirements.
173.20 		Subd. 2.Application for tag. Application for special
173.21 	fish management tags must be accompanied by a $5, nonrefundable
173.22 	application fee for each tag.  A person may not make more than
173.23 	one tag application each year.  If a person makes more than one
173.24 	application, the person is ineligible for a special fish
173.25 	management tag for that season after determination by the
173.26 	commissioner, without a hearing.

173.27 	Sec. 116. Minnesota Statutes 2004, section 103B.101,
173.28 	subdivision 9, is amended to read:
173.29 		Subd. 9.Powers and duties.  In addition to the powers
173.30 	and duties prescribed elsewhere, the board shall:
173.31 	(1) coordinate the water and soil resources planning
173.32 	activities of counties, soil and water conservation districts,
173.33 	watershed districts, watershed management organizations, and any
173.34 	other local units of government through its various authorities
173.35 	for approval of local plans, administration of state grants, and
173.36 	by other means as may be appropriate;
174.1 	(2) facilitate communication and coordination among state
174.2 	agencies in cooperation with the Environmental Quality Board,
174.3 	and between state and local units of government, in order to
174.4 	make the expertise and resources of state agencies involved in
174.5 	water and soil resources management available to the local units
174.6 	of government to the greatest extent possible;
174.7 	(3) coordinate state and local interests with respect to
174.8 	the study in southwestern Minnesota under United States Code,
174.9 	title 16, section 1009;
174.10 	(4) develop information and education programs designed to
174.11 	increase awareness of local water and soil resources problems
174.12 	and awareness of opportunities for local government involvement
174.13 	in preventing or solving them;
174.14 	(5) provide a forum for the discussion of local issues and
174.15 	opportunities relating to water and soil resources management;
174.16 	(6) adopt an annual budget and work program that integrate
174.17 	the various functions and responsibilities assigned to it by
174.18 	law; and
174.19 	(7) report to the governor and the legislature by October
174.20 	15 of each even-numbered year with an assessment of board
174.21 	programs and recommendations for any program changes and board
174.22 	membership changes necessary to improve state and local efforts
174.23 	in water and soil resources management.
174.24 	The board may accept grants, gifts, donations, or
174.25 	contributions in money, services, materials, or otherwise from
174.26 	the United States, a state agency, or other source to achieve an
174.27 	authorized purpose.  The board may enter into a contract or
174.28 	agreement necessary or appropriate to accomplish the transfer.
174.29 	The board may receive and expend money to acquire conservation
174.30 	easements, as defined in chapter 84C, on behalf of the state and
174.31 	federal government consistent with the Camp Ripley's Army
174.32 	Compatible Use Buffer Project.
174.33 	Any money received is hereby appropriated and dedicated for
174.34 	the purpose for which it is granted.

174.35 	Sec. 117. Minnesota Statutes 2004, section 103E.081, is
174.36 	amended by adding a subdivision to read:
175.1 	Subd 2a.[PLANTING TREES OVER PUBLIC TILE.] A person must
175.2 	not knowingly plant trees over a public drain tile, unless the
175.3 	person planting the trees receives permission from the drainage
175.4 	authority.

175.5 	Sec. 118. Minnesota Statutes 2004, section 103E.081, is
175.6 	amended by adding a subdivision to read:
175.7 		Subd. 2b.Planting trees over private tile. A person
175.8 	must not knowingly plant trees over a private drain tile that
175.9 	provides for the drainage of land owned or leased by another
175.10 	person, unless the person planting the trees receives permission
175.11 	from all persons who receive drainage benefits from the drain
175.12 	tile.

175.13 	Sec. 119. Minnesota Statutes 2004, section 103F.535,
175.14 	subdivision 1, is amended to read:
175.15 		Subdivision 1.Reservation of marginal land and
175.16 	wetlands.  (a) Marginal land and wetlands are withdrawn from
175.17 	sale or exchange unless:
175.18 	(1) notice of the existence of the nonforested marginal
175.19 	land or wetlands, in a form prescribed by the Board of Water and
175.20 	Soil Resources, is provided to prospective purchasers; and
175.21 	(2) the deed contains a restrictive covenant, in a form
175.22 	prescribed by the Board of Water and Soil Resources, that
175.23 	precludes enrollment of the land in a state-funded program
175.24 	providing compensation for conservation of marginal land or
175.25 	wetlands.
175.26 	(b) This section does not apply to transfers of land by the
175.27 	Board of Water and Soil Resources to correct errors in legal
175.28 	descriptions under section 103F.515, subdivision 8, or to
175.29 	transfers by the commissioner of natural resources for:
175.30 	(1) land that is currently in nonagricultural commercial
175.31 	use if a restrictive covenant would interfere with the
175.32 	commercial use;
175.33 	(2) land in platted subdivisions;
175.34 	(3) conveyances of land to correct errors in legal
175.35 	descriptions under section 84.0273;
175.36 	(4) exchanges of nonagricultural land with the federal
176.1 	government, or exchanges of Class A, Class B, and Class C 
176.2 	riparian nonagricultural land with local units of government
176.3 	under sections 94.342, 94.343, and 94.344, and 94.349;
176.4 	(5) land transferred to political subdivisions for public
176.5 	purposes under sections 84.027, subdivision 10, and 94.10; and
176.6 	(6) land not needed for trail purposes that is sold to
176.7 	adjacent property owners and lease holders under section 85.015,
176.8 	subdivision 1, paragraph (b).
176.9 	(c) This section does not apply to transfers of land by the
176.10 	commissioner of administration or transportation or by the
176.11 	Minnesota Housing Finance Agency, or to transfers of
176.12 	tax-forfeited land under chapter 282 if:
176.13 	(1) the land is in platted subdivisions; or
176.14 	(2) the conveyance is a transfer to correct errors in legal
176.15 	descriptions.
176.16 	(d) This section does not apply to transfers of land by the
176.17 	commissioner of administration or by the Minnesota Housing
176.18 	Finance Agency for:
176.19 	(1) land that is currently in nonagricultural commercial
176.20 	use if a restrictive covenant would interfere with the
176.21 	commercial use; or
176.22 	(2) land transferred to political subdivisions for public
176.23 	purposes under sections 84.027, subdivision 10, and 94.10.

176.24 	Sec. 120. [103F.950] BEAVER DAMAGE CONTROL GRANTS.
176.25 		Subdivision 1.Establishment. The Board of Water and
176.26 	Soil Resources shall establish a beaver damage control grant
176.27 	program to provide grants for the control of beaver activities
176.28 	causing damage to public waters, roads, and ditches and adjacent
176.29 	private property.  The grants may be made to:
176.30 	(1) a joint powers board established under section 471.59
176.31 	by two or more governmental units;
176.32 	(2) soil and water conservation districts; and 
176.33 	(3) Indian tribal governments.
176.34 		Subd. 2.Grant amount. The board may provide up to 50
176.35 	percent of the costs of implementing a beaver damage control
176.36 	program by a joint powers board.
177.1 		Subd. 3.Awarding of grants. Applications for grants
177.2 	must be made to the board on forms prescribed by the board.  The
177.3 	board shall consult with town supervisors and county
177.4 	commissioners representing different areas of the state in
177.5 	developing the application form.  A joint powers board seeking a
177.6 	grant may be required to supply information on the beaver
177.7 	control program it has adopted, the extent of the problem in the
177.8 	geographic area covered by the joint powers agreement, and the
177.9 	ability of the joint powers board to match the state grant.  The
177.10 	board may prioritize the grant applications based upon the
177.11 	information requested as part of the grant application.
177.12 		Subd. 4.Report. (a) Within one year after receiving a
177.13 	grant under this section, a joint powers board must report to
177.14 	the Board of Water and Soil Resources on the joint powers
177.15 	board's efforts to control beaver in the area.
177.16 	(b) By December 15 of each even-numbered year, the board
177.17 	shall report to the senate and house environment and natural
177.18 	resources policy and finance committees on the efforts under
177.19 	this section to control beaver.

177.20 	Sec. 121. Minnesota Statutes 2004, section 103G.271,
177.21 	subdivision 6, is amended to read:
177.22 		Subd. 6.Water use permit processing fee.  (a) Except as
177.23 	described in paragraphs (b) to (f), a water use permit
177.24 	processing fee must be prescribed by the commissioner in
177.25 	accordance with the schedule of fees in this subdivision for
177.26 	each water use permit in force at any time during the year.  The
177.27 	schedule is as follows, with the stated fee in each clause
177.28 	applied to the total amount appropriated:
177.29 	(1) $101 for amounts not exceeding 50,000,000 gallons per
177.30 	year;
177.31 	(2) $3 per 1,000,000 gallons for amounts greater than
177.32 	50,000,000 gallons but less than 100,000,000 gallons per year;
177.33 	(3) $3.50 per 1,000,000 gallons for amounts greater than
177.34 	100,000,000 gallons but less than 150,000,000 gallons per year;
177.35 	(4) $4 per 1,000,000 gallons for amounts greater than
177.36 	150,000,000 gallons but less than 200,000,000 gallons per year;
178.1 	(5) $4.50 per 1,000,000 gallons for amounts greater than
178.2 	200,000,000 gallons but less than 250,000,000 gallons per year;
178.3 	(6) $5 per 1,000,000 gallons for amounts greater than
178.4 	250,000,000 gallons but less than 300,000,000 gallons per year;
178.5 	(7) $5.50 per 1,000,000 gallons for amounts greater than
178.6 	300,000,000 gallons but less than 350,000,000 gallons per year;
178.7 	(8) $6 per 1,000,000 gallons for amounts greater than
178.8 	350,000,000 gallons but less than 400,000,000 gallons per year;
178.9 	(9) $6.50 per 1,000,000 gallons for amounts greater than
178.10 	400,000,000 gallons but less than 450,000,000 gallons per year;
178.11 	(10) $7 per 1,000,000 gallons for amounts greater than
178.12 	450,000,000 gallons but less than 500,000,000 gallons per year;
178.13 	and
178.14 	(11) $7.50 per 1,000,000 gallons for amounts greater than
178.15 	500,000,000 gallons per year.
178.16 	(b) For once-through cooling systems, a water use
178.17 	processing fee must be prescribed by the commissioner in
178.18 	accordance with the following schedule of fees for each water
178.19 	use permit in force at any time during the year:
178.20 	(1) for nonprofit corporations and school districts, $150
178.21 	per 1,000,000 gallons; and
178.22 	(2) for all other users, $200 $300 per 1,000,000 gallons.
178.23 	(c) The fee is payable based on the amount of water
178.24 	appropriated during the year and, except as provided in
178.25 	paragraph (f), the minimum fee is $100.
178.26 	(d) For water use processing fees other than once-through
178.27 	cooling systems:
178.28 	(1) the fee for a city of the first class may not exceed
178.29 	$250,000 per year;
178.30 	(2) the fee for other entities for any permitted use may
178.31 	not exceed:
178.32 	(i) $50,000 per year for an entity holding three or fewer
178.33 	permits;
178.34 	(ii) $75,000 per year for an entity holding four or five
178.35 	permits;
178.36 	(iii) $250,000 per year for an entity holding more than
179.1 	five permits;
179.2 	(3) the fee for agricultural irrigation may not exceed $750
179.3 	per year;
179.4 	(4) the fee for a municipality that furnishes electric
179.5 	service and cogenerates steam for home heating may not exceed
179.6 	$10,000 for its permit for water use related to the cogeneration
179.7 	of electricity and steam; and
179.8 	(5) no fee is required for a project involving the
179.9 	appropriation of surface water to prevent flood damage or to
179.10 	remove flood waters during a period of flooding, as determined
179.11 	by the commissioner.
179.12 	(e) Failure to pay the fee is sufficient cause for revoking
179.13 	a permit.  A penalty of two percent per month calculated from
179.14 	the original due date must be imposed on the unpaid balance of
179.15 	fees remaining 30 days after the sending of a second notice of
179.16 	fees due.  A fee may not be imposed on an agency, as defined in
179.17 	section 16B.01, subdivision 2, or federal governmental agency
179.18 	holding a water appropriation permit.
179.19 	(f) The minimum water use processing fee for a permit
179.20 	issued for irrigation of agricultural land is $20 for years in
179.21 	which:
179.22 	(1) there is no appropriation of water under the permit; or
179.23 	(2) the permit is suspended for more than seven consecutive
179.24 	days between May 1 and October 1.
179.25 	(g) A surcharge of $20 per million gallons in addition to
179.26 	the fee prescribed in paragraph (a) shall be applied to the
179.27 	volume of water used in June, July, and August that exceeds the
179.28 	volume of water used in January for municipal water use,
179.29 	irrigation of golf courses, and landscape irrigation.

179.30 	Sec. 122. Minnesota Statutes 2004, section 103G.301,
179.31 	subdivision 2, is amended to read:
179.32 		Subd. 2.Permit application fees.  (a) An application for
179.33 	a permit authorized under this chapter, and each request to
179.34 	amend or transfer an existing permit, must be accompanied by a
179.35 	permit application fee to defray the costs of receiving,
179.36 	recording, and processing the application or request to amend or
180.1 	transfer.
180.2 	(b) The fee to apply for a permit to appropriate water, a
180.3 	permit to construct or repair a dam that is subject to dam
180.4 	safety inspection, or a state general permit or to apply for the
180.5 	state water bank program is $75 $150.  The application fee for a
180.6 	permit to work in public waters or to divert waters for mining
180.7 	must be at least $75 $150, but not more than $500 $1,000,
180.8 	according to a schedule of fees adopted under section 16A.1285.

180.9 	Sec. 123. Minnesota Statutes 2004, section 103G.615,
180.10 	subdivision 2, is amended to read:
180.11 		Subd. 2.Fees.  (a) The commissioner shall establish a
180.12 	fee schedule for permits to control or harvest aquatic plants
180.13 	other than wild rice.  The fees must be set by rule, and section
180.14 	16A.1283 does not apply.  The fees may not exceed $750 per
180.15 	permit based upon the cost of receiving, processing, analyzing,
180.16 	and issuing the permit, and additional costs incurred after the
180.17 	application to inspect and monitor the activities authorized by
180.18 	the permit, and enforce aquatic plant management rules and
180.19 	permit requirements.
180.20 	(b) The fee for a permit for the control of rooted aquatic
180.21 	vegetation is $35 for each contiguous parcel of shoreline owned
180.22 	by an owner.  This fee may not be charged for permits issued in
180.23 	connection with purple loosestrife control or lakewide Eurasian
180.24 	water milfoil control programs.
180.25 	(c) A fee may not be charged to the state or a federal
180.26 	governmental agency applying for a permit.
180.27 	(d) The money received for the permits under this
180.28 	subdivision shall be deposited in the treasury and credited to
180.29 	the game and fish fund water recreation account.

180.30 	Sec. 124. Minnesota Statutes 2004, section 103I.681,
180.31 	subdivision 11, is amended to read:
180.32 		Subd. 11.Permit fee schedule.  (a) The commissioner of
180.33 	natural resources shall adopt a permit fee schedule under
180.34 	chapter 14.  The schedule may provide minimum fees for various
180.35 	classes of permits, and additional fees, which may be imposed
180.36 	subsequent to the application, based on the cost of receiving,
181.1 	processing, analyzing, and issuing the permit, and the actual
181.2 	inspecting and monitoring of the activities authorized by the
181.3 	permit, including costs of consulting services.
181.4 	(b) A fee may not be imposed on a state or federal
181.5 	governmental agency applying for a permit.
181.6 	(c) The fee schedule may provide for the refund of a fee,
181.7 	in whole or in part, under circumstances prescribed by the
181.8 	commissioner of natural resources. Permit Fees received must be
181.9 	deposited in the state treasury and credited to the general
181.10 	fund. The amount of money necessary to pay the refunds is 
181.11 	Permit fees received are appropriated annually from the general
181.12 	fund to the commissioner of natural resources for the costs of
181.13 	inspecting and monitoring the activities authorized by the
181.14 	permit, including costs of consulting services.

181.15 	Sec. 125. Minnesota Statutes 2004, section 115.06,
181.16 	subdivision 4, is amended to read:
181.17 		Subd. 4.Citizen monitoring of water quality.  (a) The
181.18 	agency may encourage citizen monitoring of ambient water quality
181.19 	for public waters by:
181.20 	(1) providing technical assistance to citizen and local
181.21 	group water quality monitoring efforts;
181.22 	(2) integrating citizen monitoring data into water quality
181.23 	assessments and agency programs, provided that the data adheres
181.24 	to agency quality assurance and quality control protocols; and
181.25 	(3) seeking public and private funds to:
181.26 	(i) collaboratively develop clear guidelines for water
181.27 	quality monitoring procedures and data management practices for
181.28 	specific data and information uses;
181.29 	(ii) distribute the guidelines to citizens, local
181.30 	governments, and other interested parties;
181.31 	(iii) improve and expand water quality monitoring
181.32 	activities carried out by the agency; and
181.33 	(iv) continue to improve electronic and Web access to water
181.34 	quality data and information about public waters that have been
181.35 	either fully or partially assessed.
181.36 	(b) This subdivision does not authorize a citizen to enter
182.1 	onto private property for any purpose.
182.2 	(c) By January 15 of each odd-numbered year, the
182.3 	commissioner shall report to the senate and house of
182.4 	representatives committees with jurisdiction over environmental
182.5 	policy and finance on activities under this section.
182.6 	(d) This subdivision shall sunset June 30, 2005.

182.7 	Sec. 126. Minnesota Statutes 2004, section 115.55,
182.8 	subdivision 5, is amended to read:
182.9 		Subd. 5.Inspection.  (a) An inspection shall be required
182.10 	for all new construction or replacement of a system to determine
182.11 	compliance with agency rule or local standards.  The manner and
182.12 	timing of inspection may be determined by the applicable local
182.13 	ordinance.  The inspection requirement may be satisfied by a
182.14 	review by the designated local official of video, electronic,
182.15 	photographic, or other evidence of compliance provided by the
182.16 	installer.
182.17 	(b) Except as provided in subdivision 5b, paragraph (b), a
182.18 	local unit of government may not issue a building permit or
182.19 	variance for the addition of a bedroom on property served by a
182.20 	system unless the system is in compliance with the applicable
182.21 	requirements, as evidenced by a certificate of compliance issued
182.22 	by a licensed inspector or site evaluator or designer.  A local
182.23 	unit of government may temporarily waive the certificate of
182.24 	compliance requirement for a building permit or variance for
182.25 	which application is made during the period from November 1 to
182.26 	April 30, provided that an inspection of the system is performed
182.27 	by the following June 1 and the applicant submits a certificate
182.28 	of compliance by the following September 30.  This paragraph
182.29 	does not apply if the local unit of government does not have an
182.30 	ordinance requiring a building permit to add a bedroom.
182.31 	(c) A certificate of compliance for an existing system is
182.32 	valid for three years from the date of issuance unless the local
182.33 	unit of government finds evidence of an imminent threat to
182.34 	public health or safety requiring removal and abatement under
182.35 	section 145A.04, subdivision 8.
182.36 	(d) A certificate of compliance for a new system is valid
183.1 	for five years from the date of issuance unless the local unit
183.2 	of government finds evidence of an imminent threat to public
183.3 	health or safety requiring removal and abatement under section
183.4 	145A.04, subdivision 8.
183.5 	(e) A licensed inspector who inspects an existing system
183.6 	may subsequently design and install a new system for that
183.7 	property, provided the inspector is licensed to install
183.8 	individual sewage treatment systems.
183.9 	(f) No system professional may use the professional's
183.10 	position with government, either as an employee or a contractor,
183.11 	to solicit business for the professional's private system
183.12 	enterprise.

183.13 	Sec. 127. Minnesota Statutes 2004, section 115.551, is
183.14 	amended to read:
183.15 	115.551 TANK FEE.
183.16 	(a) An installer shall pay a fee of $25 for each septic
183.17 	system tank installed in the previous calendar year.  The fees
183.18 	required under this section must be paid to the commissioner by
183.19 	January 30 of each year.  The revenue derived from the fee
183.20 	imposed under this section shall be deposited in the
183.21 	environmental fund and is exempt from section 16A.1285.
183.22 	(b) Notwithstanding paragraph (a), for the purposes of
183.23 	performance-based individual sewage treatment systems, the tank
183.24 	fee is limited to $25 per household system installation.

183.25 	Sec. 128. Minnesota Statutes 2004, section 115A.072,
183.26 	subdivision 1, is amended to read:
183.27 		Subdivision 1.Environmental education advisory board.
 183.28 	(a) The director shall provide for the development and
183.29 	implementation of environmental education programs that are
183.30 	designed to meet the goals listed in section 115A.073.
183.31 	(b) The Environmental Education Advisory Board shall advise
183.32 	the director in carrying out the director's responsibilities
183.33 	under this section.  The board consists of 20 members as follows:
183.34 	(1) a representative of the Pollution Control Agency,
183.35 	appointed by the commissioner of the agency;
183.36 	(2) a representative of the Department of Education,
184.1 	appointed by the commissioner of education;
184.2 	(3) a representative of the Department of Agriculture,
184.3 	appointed by the commissioner of agriculture;
184.4 	(4) a representative of the Department of Health, appointed
184.5 	by the commissioner of health;
184.6 	(5) a representative of the Department of Natural
184.7 	Resources, appointed by the commissioner of natural resources;
184.8 	(6) a representative of the Board of Water and Soil
184.9 	Resources, appointed by that board;
184.10 	(7) a representative of the Environmental Quality Board,
184.11 	appointed by that board;
184.12 	(8) a representative of the Board of Teaching, appointed by
184.13 	that board;
184.14 	(9) a representative of the University of Minnesota
184.15 	Extension Service, appointed by the director of the service;
184.16 	(10) a citizen member from each congressional district, of
184.17 	which two must be licensed teachers currently teaching in the
184.18 	K-12 system, appointed by the director; and
184.19 	(11) three at-large citizen members, appointed by the
184.20 	director.
184.21 	The citizen members shall serve two-year terms.  Compensation of
184.22 	board members is governed by section 15.059, subdivision 6.  The
184.23 	board expires on June 30, 2003 2008.

184.24 	Sec. 129. Minnesota Statutes 2004, section 115A.12, is
184.25 	amended to read:
184.26 	115A.12 ADVISORY COUNCILS.
184.27 	(a) The director shall establish a Solid Waste Management
184.28 	Advisory Council and a Prevention, Reduction, and Recycling an
184.29 	Environmental Innovations Advisory Council that are is broadly
184.30 	representative of the geographic areas and interests of the
184.31 	state.
184.32 	(b) The solid waste council shall have not less than nine
184.33 	nor more than 21 members.  The membership of the solid waste
184.34 	council shall consist of one-third citizen representatives,
184.35 	one-third representatives from local government units, and
184.36 	one-third representatives from private solid waste management
185.1 	firms.  The solid waste council shall contain at least three
185.2 	members experienced in the private recycling industry and at
185.3 	least one member experienced in each of the following areas:
185.4 	state and municipal finance; solid waste collection, processing,
185.5 	and disposal; and solid waste reduction and resource recovery.
185.6 	(c) (b) The Prevention, Reduction, and Recycling 
185.7 	Environmental Innovations Advisory Council shall have not less
185.8 	than nine nor or more than 24 members.  The membership shall
185.9 	consist of one-third citizen representatives, one-third
185.10 	representatives of government, institutional,and one-third
185.11 	representatives of business and industry representatives. The
185.12 	director may appoint nonvoting members from other environmental
185.13 	and business assistance providers in the state.
185.14 	(d) (c) The chairs chair of the advisory councils 
185.15 	council shall be appointed by the director.  The director shall
185.16 	provide administrative and staff services for the advisory
185.17 	councils council.  The advisory councils council shall have such
185.18 	duties as are assigned by law or the director.  The Solid Waste
185.19 	Advisory Council shall make recommendations to the office on its
185.20 	solid waste management activities.  The Prevention, Reduction,
185.21 	and Recycling Environmental Innovations Advisory Council shall
185.22 	make recommendations to the office on policy, programs, and
185.23 	legislation in pollution prevention, waste reduction, reuse and ,
185.24 	recycling, and resource conservation, and the management of
185.25 	hazardous waste. The Environmental Innovations Advisory Council
185.26 	shall focus on developing and implementing innovative programs
185.27 	that improve Minnesota's environment by emphasizing front-end
185.28 	preventative, and resource conservation approaches to preventing
185.29 	waste and pollution.  The council shall emphasize partnerships
185.30 	of government, citizens, institutions, and business to develop
185.31 	and implement these programs.Members of the advisory councils 
185.32 	council shall serve without compensation but shall be reimbursed
185.33 	for their reasonable expenses as determined by the director.
185.34 	Notwithstanding section 15.059, subdivision 5, the Solid Waste
185.35 	Management Advisory Council and the Prevention, Reduction, and
185.36 	Recycling Environmental Innovations Advisory Council expire 
186.1 	expires June 30, 2003 2009.

186.2 	Sec. 130. Minnesota Statutes 2004, section 115A.554, is
186.3 	amended to read:
186.4 	115A.554 AUTHORITY OF SANITARY DISTRICTS.
186.5 	A sanitary district has the authorities and duties of
186.6 	counties within the district's boundary for purposes of sections
186.7 	115A.0716; 115A.46, subdivisions 4 and 5; 115A.48; 115A.545;
186.8 	115A.551; 115A.552; 115A.553; 115A.919; 115A.929; 115A.93;
186.9 	115A.96, subdivision 6; 115A.961; 116.072; 375.18, subdivision
186.10 	14; 400.04; 400.06; 400.07;400.08; 400.16; and 400.161.

186.11 	Sec. 131. Minnesota Statutes 2004, section 115A.929, is
186.12 	amended to read:
186.13 	115A.929 FEES; ACCOUNTING.
186.14 	Each political subdivision that provides for solid waste
186.15 	management shall account for all revenue collected from waste
186.16 	management fees, together with interest earned on revenue from
186.17 	the fees, separately from other revenue collected by the
186.18 	political subdivision and shall report revenue collected from
186.19 	the fees and use of the revenue separately from other revenue
186.20 	and use of revenue in any required financial report or audit.
186.21 	Each political subdivision must file with the director, on or
186.22 	before June 30 annually, the separate report of all revenue
186.23 	collected from waste management fees, together with interest on
186.24 	revenue from the fees, for the previous year.For the purposes
186.25 	of this section, "waste management fees" means:
186.26 	(1) all fees, charges, and surcharges collected under
186.27 	sections 115A.919, 115A.921, and 115A.923;
186.28 	(2) all tipping fees collected at waste management
186.29 	facilities owned or operated by the political subdivision;
186.30 	(3) all charges imposed by the political subdivision for
186.31 	waste collection and management services; and
186.32 	(4) any other fees, charges, or surcharges imposed on waste
186.33 	or for the purpose of waste management, whether collected
186.34 	directly from generators or indirectly through property taxes or
186.35 	as part of utility or other charges for services provided by the
186.36 	political subdivision.

187.1 	Sec. 132. Minnesota Statutes 2004, section 115A.9565, is
187.2 	amended to read:
187.3 	115A.9565 CATHODE-RAY TUBE PROHIBITION.
187.4 	Effective July 1, 2005 2006, a person may not place in
187.5 	mixed municipal solid waste an electronic product containing a
187.6 	cathode-ray tube.

187.7 	Sec. 133. Minnesota Statutes 2004, section 115B.48,
187.8 	subdivision 8, is amended to read:
187.9 		Subd. 8.Full-time equivalence.  "Full-time equivalence"
187.10 	means 2,000 hours worked by employees, owners, and others in a
187.11 	dry cleaning facility during a 12-month period beginning July 1
187.12 	of the preceding year and running through June 30 of the year in
187.13 	which the annual registration fee is due.  For those dry
187.14 	cleaning facilities that were in business less than the 12-month
187.15 	period, full-time equivalence means the total of all of the
187.16 	hours worked in the dry cleaning facility, divided by 2,000 and
187.17 	multiplied by a fraction, the numerator of which is 50 and the
187.18 	denominator of which is the number of weeks in business during
187.19 	the reporting period. For the purposes of section 115B.49, an
187.20 	owner working 2,000 hours or more shall be considered as one
187.21 	full-time equivalent.

187.22 	Sec. 134. Minnesota Statutes 2004, section 115D.04,
187.23 	subdivision 3, is amended to read:
187.24 		Subd. 3.Administration.  (a) The pollution prevention
187.25 	assistance program must be coordinated with other public and
187.26 	private programs that provide management and technical
187.27 	assistance to eligible recipients.
187.28 	(b) The director may make grants to public or private
187.29 	entities to operate elements of the program.  Grantees shall
187.30 	provide periodic reports on their efforts to assist eligible
187.31 	recipients to reduce pollution.
187.32 	(c) A person, when operating or participating in elements
187.33 	of the technical assistance program pursuant to a grant or
187.34 	contract with the office under this section or other law, is an
187.35 	employee of the state, certified to be acting within the scope
187.36 	of employment, for purposes of the indemnification provisions of
188.1 	section 3.736, subdivision 9, for claims that arise out of the
188.2 	information, assistance, and recommendations covered by the
188.3 	grant or contract.  The state is not obligated to defend or
188.4 	indemnify a grantee or contractor under this subdivision to the
188.5 	extent of the grantee's or contractor's liability insurance.
188.6 	The grantee's or contractor's right to indemnity is not a waiver
188.7 	of limitations, defenses, and immunities available to either the
188.8 	grantee or contractor or the state by law.

188.9 	Sec. 135. Minnesota Statutes 2004, section 116P.05,
188.10 	subdivision 2, is amended to read:
188.11 		Subd. 2.Duties.  (a) The commission shall recommend a
188.12 	budget plan for expenditures from the environment and natural
188.13 	resources trust fund and shall adopt a strategic plan as
188.14 	provided in section 116P.08.
188.15 	(b) The commission shall recommend expenditures to the
188.16 	legislature from the state land and water conservation account
188.17 	in the natural resources fund.
188.18 	(c) It is a condition of acceptance of the appropriations
188.19 	made from the Minnesota environment and natural resources trust
188.20 	fund, and oil overcharge money under section 4.071, subdivision
188.21 	2, that the agency or entity receiving the appropriation must
188.22 	submit a work program and semiannual progress reports in the
188.23 	form determined by the Legislative Commission on Minnesota
188.24 	Resources, and comply with applicable reporting requirements
188.25 	under section 116P.16.  None of the money provided may be spent
188.26 	unless the commission has approved the pertinent work program.
188.27 	(d) The peer review panel created under section 116P.08
188.28 	must also review, comment, and report to the commission on
188.29 	research proposals applying for an appropriation from the oil
188.30 	overcharge money under section 4.071, subdivision 2.
188.31 	(e) The commission may adopt operating procedures to
188.32 	fulfill its duties under chapter 116P.
188.33 	
EFFECTIVE DATE. This section is effective for interests
188.34 	in land acquired after June 30, 2005.

188.35 	Sec. 136. [116P.16] REAL PROPERTY INTEREST REPORT.
188.36 	By December 1 each year, a recipient of an appropriation
189.1 	from the trust fund, that is used for the acquisition of an
189.2 	interest in real property, must submit annual reports on the
189.3 	status of the real property to the Legislative Commission on
189.4 	Minnesota Resources in a form determined by the commission.  The
189.5 	responsibility for reporting under this section may be
189.6 	transferred by the recipient of the appropriation to another
189.7 	person who holds the interest in the real property.  To complete
189.8 	the transfer of reporting responsibility, the recipient of the
189.9 	appropriation must:
189.10 	(1) inform the person to whom the responsibility is
189.11 	transferred of that person's reporting responsibility;
189.12 	(2) inform the person to whom the responsibility is
189.13 	transferred of the property restrictions under section 116P.15;
189.14 	and 
189.15 	(3) provide written notice to the commission of the
189.16 	transfer of reporting responsibility, including contact
189.17 	information for the person to whom the responsibility is
189.18 	transferred.
189.19 	After the transfer, the person who holds the interest in the
189.20 	real property is responsible for reporting requirements under
189.21 	this section.

189.22 	EFFECTIVE DATE. This section is effective for interests
189.23 	in land acquired after June 30, 2005.

189.24 	Sec. 137. Minnesota Statutes 2004, section 160.232, is
189.25 	amended to read:
189.26 	160.232 MOWING DITCHES OUTSIDE CITIES.
189.27 	(a) To provide enhanced roadside habitat for nesting birds
189.28 	and other small wildlife,road authorities may not mow or till
189.29 	the right-of-way of a highway located outside of a home rule
189.30 	charter or statutory city except as allowed in this section and
189.31 	section 160.23.
189.32 	(b) On any highway, the first eight feet away from the road
189.33 	surface, or shoulder if one exists, may be mowed at any time.
189.34 	(c) An entire right-of-way may be mowed after July 31.
189.35 	From August 31 to the following July 31, the entire right-of-way
189.36 	may only be mowed if necessary for safety reasons, and but may
190.1 	not be mowed to a height of less than 12 inches.
190.2 	(d) A right-of-way may be mowed as necessary to maintain
190.3 	sight distance for safety and may be mowed at other times under
190.4 	rules of the commissioner, or by ordinance of a local road
190.5 	authority not conflicting with the rules of the commissioner.
190.6 	(e) A right-of-way may be mowed, burned, or tilled to
190.7 	prepare the right-of-way for the establishment of permanent
190.8 	vegetative cover or for prairie vegetation management.
190.9 	(f) When feasible, road authorities are encouraged to
190.10 	utilize low maintenance, native vegetation that reduces the need
190.11 	to mow, provides wildlife habitat, and maintains public safety.
190.12 	(g) The commissioner of natural resources shall cooperate
190.13 	with the commissioner of transportation to provide enhanced
190.14 	roadside habitat for nesting birds and other small wildlife.

190.15 	Sec. 138. Minnesota Statutes 2004, section 168.1296,
190.16 	subdivision 1, is amended to read:
190.17 		Subdivision 1.General requirements and procedures.  (a)
190.18 	The registrar shall issue special critical habitat license
190.19 	plates to an applicant who:
190.20 	(1) is an owner or joint owner of a passenger automobile,
190.21 	pickup truck, or van, or recreational equipment;
190.22 	(2) pays a fee of $10 to cover the costs of handling and
190.23 	manufacturing the plates;
190.24 	(3) pays the registration tax required under section
190.25 	168.013;
190.26 	(4) pays the fees required under this chapter;
190.27 	(5) contributes a minimum of $30 annually to the Minnesota
190.28 	critical habitat private sector matching account established in
190.29 	section 84.943; and
190.30 	(6) complies with laws and rules governing registration and
190.31 	licensing of vehicles and drivers.
190.32 	(b) The critical habitat license application form must
190.33 	clearly indicate that the annual contribution specified under
190.34 	paragraph (a), clause (5), is a minimum contribution to receive
190.35 	the license plate and that the applicant may make an additional
190.36 	contribution to the account.
191.1 	(c) Owners of recreational equipment under paragraph (a),
191.2 	clause (1), are eligible only for special critical habitat
191.3 	license plates for which the designs are selected under
191.4 	subdivision 2, on or after January 1, 2006.
191.5 	(d) Special critical habitat license plates, the designs
191.6 	for which are selected under subdivision 2, on or after January
191.7 	1, 2006, may be personalized according to section 168.12,
191.8 	subdivision 2a.

191.9 	Sec. 139. Minnesota Statutes 2004, section 169A.63,
191.10 	subdivision 6, is amended to read:
191.11 		Subd. 6.Vehicle subject to forfeiture. (a) A motor
191.12 	vehicle is subject to forfeiture under this section if it was
191.13 	used in the commission of a designated offense or was used in
191.14 	conduct resulting in a designated license revocation.
191.15 	(b) Motorboats subject to seizure and forfeiture under this
191.16 	section also include their trailers.

191.17 	Sec. 140. Minnesota Statutes 2004, section 216B.2424,
191.18 	subdivision 1a, as added by Laws 2005, chapter 97, article 5,
191.19 	section 2, is amended to read:
191.20 		Subd. 1a.Municipal waste-to-energy project. (a) This
191.21 	subdivision applies only to a biomass project owned or
191.22 	controlled, directly or indirectly, by two municipal utilities
191.23 	as described in subdivision 5a, paragraph (b).
191.24 	(b) Woody biomass from state-owned land must be harvested
191.25 	in compliance with an adopted management plan and a program of
191.26 	ecologically based third-party certification.
191.27 	(c) The project must prepare a fuel plan on an annual basis
191.28 	after commercial operation of the project as described in the
191.29 	power contract between the project and the public utility, and
191.30 	must also prepare annually certificates reflecting the types of
191.31 	fuel used in the preceding year by the project, as described in
191.32 	the power contract.  The fuel plans and certificates shall also
191.33 	be filed with the Minnesota Department of Natural Resources and
191.34 	the Minnesota Department of Commerce within 30 days after being
191.35 	provided to the public utility, as provided by the power
191.36 	contract.  Any person who believes the fuel plans, as amended,
192.1 	and certificates show that the project does not or will not
192.2 	comply with the fuel requirements of this subdivision may file a
192.3 	petition with the commission seeking such a determination.
192.4 	(d) The wood procurement process must utilize third-party
192.5 	audit certification systems to verify that applicable best
192.6 	management practices were utilized in the procurement of the
192.7 	sustainably managed biomass.  If there is a failure to so verify
192.8 	in any two consecutive years during the original contract term,
192.9 	the farm-grown closed-loop biomass requirements of subdivision 2
192.10 	must be increased to 50 percent for the remaining contract term
192.11 	period; however, if in two consecutive subsequent years after
192.12 	the increase has been implemented, it is verified that the
192.13 	conditions in this subdivision have been met, then for the
192.14 	remaining original contract term the closed-loop biomass mandate
192.15 	reverts to 25 percent.  If there is a subsequent failure to
192.16 	verify in a year after the first failure and implementation of
192.17 	the 50 percent requirement, then the closed-loop percentage
192.18 	shall remain at 50 percent for each remaining year of the
192.19 	contract term.
192.20 	(e) In the closed-loop plantation, no transgenic plants may
192.21 	be used.
192.22 	(f) No wood may be harvested from any lands identified by
192.23 	the final or preliminary Minnesota County Biological Survey as
192.24 	having statewide significance as native plant communities, large
192.25 	populations or concentrations of rare species, or critical
192.26 	animal habitat.
192.27 	(g) A wood procurement plan must be prepared every five
192.28 	years and public meetings must be held and written comments
192.29 	taken on the plan and documentation must be provided on why or
192.30 	why not the public inputs were used.
192.31 	(h) Guidelines or best management practices for sustainably
192.32 	managed woody biomass must be adopted by:
192.33 	(1) the Minnesota Department of Natural Resources for
192.34 	managing and maintaining brushland and open land habitat on
192.35 	public and private lands, including, but not limited to,
192.36 	provisions of sections 84.941, 84.942, and 97A.125; and
193.1 	(2) the Minnesota Forest Resources Council for logging
193.2 	slash, using the most recent available scientific information
193.3 	regarding the removal of woody biomass from forest lands, to
193.4 	sustain the management of forest resources as defined by section
193.5 	89.001, subdivisions 8 and 9, with particular attention to soil
193.6 	productivity, biological diversity as defined by section 89A.01,
193.7 	subdivision 3, and wildlife habitat.
193.8 	These guidelines must be completed by July 1, 2007, and the
193.9 	process of developing them must incorporate public notification
193.10 	and comment.
193.11 	(i) The University of Minnesota Initiative for Renewable
193.12 	Energy and the Environment is encouraged to solicit and fund
193.13 	high-quality research projects to develop and consolidate
193.14 	scientific information regarding the removal of woody biomass
193.15 	from forest and brush lands, with particular attention to the
193.16 	environmental impacts on soil productivity, biological
193.17 	diversity, and sequestration of carbon.  The results of this
193.18 	research shall be made available to the public.
193.19 	(j) The two utilities owning or controlling, directly or
193.20 	indirectly, the biomass project described in subdivision 5a,
193.21 	paragraph (b), shall fund or obtain funding from nonstate
193.22 	sources of up to $150,000 by April 1, 2006,to complete the
193.23 	guidelines or best management practices described in paragraph
193.24 	(h).  The expenditures to be funded under this paragraph do not
193.25 	include any of the expenditures to be funded under paragraph (i).

193.26 	Sec. 141. Minnesota Statutes 2004, section 282.04,
193.27 	subdivision 1, is amended to read:
193.28 		Subdivision 1.Timber sales; land leases and uses.  (a)
193.29 	The county auditor may sell timber upon any tract that may be
193.30 	approved by the natural resources commissioner.  The sale of
193.31 	timber shall be made for cash at not less than the appraised
193.32 	value determined by the county board to the highest bidder after
193.33 	not less than one week's published notice in an official paper
193.34 	within the county.  Any timber offered at the public sale and
193.35 	not sold may thereafter be sold at private sale by the county
193.36 	auditor at not less than the appraised value thereof, until the
194.1 	time as the county board may withdraw the timber from sale.  The
194.2 	appraised value of the timber and the forestry practices to be
194.3 	followed in the cutting of said timber shall be approved by the
194.4 	commissioner of natural resources.
194.5 	(b) Payment of the full sale price of all timber sold on
194.6 	tax-forfeited lands shall be made in cash at the time of the
194.7 	timber sale, except in the case of oral or sealed bid auction
194.8 	sales, the down payment shall be no less than 15 percent of the
194.9 	appraised value, and the balance shall be paid prior to entry.
194.10 	In the case of auction sales that are partitioned and sold as a
194.11 	single sale with predetermined cutting blocks, the down payment
194.12 	shall be no less than 15 percent of the appraised price of the
194.13 	entire timber sale which may be held until the satisfactory
194.14 	completion of the sale or applied in whole or in part to the
194.15 	final cutting block.  The value of each separate block must be
194.16 	paid in full before any cutting may begin in that block.  With
194.17 	the permission of the county contract administrator the
194.18 	purchaser may enter unpaid blocks and cut necessary timber
194.19 	incidental to developing logging roads as may be needed to log
194.20 	other blocks provided that no timber may be removed from an
194.21 	unpaid block until separately scaled and paid for.  If payment
194.22 	is provided as specified in this paragraph as security under
194.23 	paragraph (a) and no cutting has taken place on the contract,
194.24 	the county auditor may credit the security provided, less any
194.25 	down payment required for an auction sale under this paragraph,
194.26 	to any other contract issued to the contract holder by the
194.27 	county under this chapter to which the contract holder requests
194.28 	in writing that it be credited, provided the request and
194.29 	transfer is made within the same calendar year as the security
194.30 	was received.
194.31 	(c) The county board may require final settlement on the
194.32 	basis of a scale of cut products.  Any parcels of land from
194.33 	which timber is to be sold by scale of cut products shall be so
194.34 	designated in the published notice of sale under paragraph (a),
194.35 	in which case the notice shall contain a description of the
194.36 	parcels, a statement of the estimated quantity of each species
195.1 	of timber, and the appraised price of each species of timber for
195.2 	1,000 feet, per cord or per piece, as the case may be.  In those
195.3 	cases any bids offered over and above the appraised prices shall
195.4 	be by percentage, the percent bid to be added to the appraised
195.5 	price of each of the different species of timber advertised on
195.6 	the land.  The purchaser of timber from the parcels shall pay in
195.7 	cash at the time of sale at the rate bid for all of the timber
195.8 	shown in the notice of sale as estimated to be standing on the
195.9 	land, and in addition shall pay at the same rate for any
195.10 	additional amounts which the final scale shows to have been cut
195.11 	or was available for cutting on the land at the time of sale
195.12 	under the terms of the sale.  Where the final scale of cut
195.13 	products shows that less timber was cut or was available for
195.14 	cutting under terms of the sale than was originally paid for,
195.15 	the excess payment shall be refunded from the forfeited tax sale
195.16 	fund upon the claim of the purchaser, to be audited and allowed
195.17 	by the county board as in case of other claims against the
195.18 	county.  No timber, except hardwood pulpwood, may be removed
195.19 	from the parcels of land or other designated landings until
195.20 	scaled by a person or persons designated by the county board and
195.21 	approved by the commissioner of natural resources.  Landings
195.22 	other than the parcel of land from which timber is cut may be
195.23 	designated for scaling by the county board by written agreement
195.24 	with the purchaser of the timber.  The county board may, by
195.25 	written agreement with the purchaser and with a consumer
195.26 	designated by the purchaser when the timber is sold by the
195.27 	county auditor, and with the approval of the commissioner of
195.28 	natural resources, accept the consumer's scale of cut products
195.29 	delivered at the consumer's landing.  No timber shall be removed
195.30 	until fully paid for in cash.  Small amounts of timber not
195.31 	exceeding $3,000 in appraised valuation may be sold for not less
195.32 	than the full appraised value at private sale to individual
195.33 	persons without first publishing notice of sale or calling for
195.34 	bids, provided that in case of a sale involving a total
195.35 	appraised value of more than $200 the sale shall be made subject
195.36 	to final settlement on the basis of a scale of cut products in
196.1 	the manner above provided and not more than two of the sales,
196.2 	directly or indirectly to any individual shall be in effect at
196.3 	one time.
196.4 	(d) As directed by the county board, the county auditor may
196.5 	lease tax-forfeited land to individuals, corporations or
196.6 	organized subdivisions of the state at public or private sale,
196.7 	and at the prices and under the terms as the county board may
196.8 	prescribe, for use as cottage and camp sites and for
196.9 	agricultural purposes and for the purpose of taking and removing
196.10 	of hay, stumpage, sand, gravel, clay, rock, marl, and black dirt
196.11 	from the land, and for garden sites and other temporary uses
196.12 	provided that no leases shall be for a period to exceed ten
196.13 	years; provided, further that any leases involving a
196.14 	consideration of more than $12,000 per year, except to an
196.15 	organized subdivision of the state shall first be offered at
196.16 	public sale in the manner provided herein for sale of timber.
196.17 	Upon the sale of any leased land, it shall remain subject to the
196.18 	lease for not to exceed one year from the beginning of the term
196.19 	of the lease.  Any rent paid by the lessee for the portion of
196.20 	the term cut off by the cancellation shall be refunded from the
196.21 	forfeited tax sale fund upon the claim of the lessee, to be
196.22 	audited and allowed by the county board as in case of other
196.23 	claims against the county.
196.24 	(e) As directed by the county board, the county auditor may
196.25 	lease tax-forfeited land to individuals, corporations, or
196.26 	organized subdivisions of the state at public or private sale,
196.27 	at the prices and under the terms as the county board may
196.28 	prescribe, for the purpose of taking and removing for use for
196.29 	road construction and other purposes tax-forfeited stockpiled
196.30 	iron-bearing material.  The county auditor must determine that
196.31 	the material is needed and suitable for use in the construction
196.32 	or maintenance of a road, tailings basin, settling basin, dike,
196.33 	dam, bank fill, or other works on public or private property,
196.34 	and that the use would be in the best interests of the public.
196.35 	No lease shall exceed ten years.  The use of a stockpile for
196.36 	these purposes must first be approved by the commissioner of
197.1 	natural resources.  The request shall be deemed approved unless
197.2 	the requesting county is notified to the contrary by the
197.3 	commissioner of natural resources within six months after
197.4 	receipt of a request for approval for use of a stockpile.  Once
197.5 	use of a stockpile has been approved, the county may continue to
197.6 	lease it for these purposes until approval is withdrawn by the
197.7 	commissioner of natural resources.
197.8 	(f) The county auditor, with the approval of the county
197.9 	board is authorized to grant permits, licenses, and leases to
197.10 	tax-forfeited lands for the depositing of stripping, lean ores,
197.11 	tailings, or waste products from mines or ore milling plants,
197.12 	upon the conditions and for the consideration and for the period
197.13 	of time, not exceeding 15 years, as the county board may
197.14 	determine.  The permits, licenses, or leases are subject to
197.15 	approval by the commissioner of natural resources.
197.16 	(g) Any person who removes any timber from tax-forfeited
197.17 	land before said timber has been scaled and fully paid for as
197.18 	provided in this subdivision is guilty of a misdemeanor.
197.19 	(h) The county auditor may, with the approval of the county
197.20 	board, and without first offering at public sale, grant leases,
197.21 	for a term not exceeding 25 years, for the removal of peat and
197.22 	for the production or removal of farm-grown closed-loop biomass
197.23 	as defined in section 216B.2424, subdivision 1, or
197.24 	short-rotation woody crops from tax-forfeited lands upon the
197.25 	terms and conditions as the county board may prescribe.  Any
197.26 	lease for the removal of peat, farm-grown closed-loop biomass,
197.27 	or short-rotation woody crops from tax-forfeited lands must
197.28 	first be reviewed and approved by the commissioner of natural
197.29 	resources if the lease covers 320 or more acres.  No lease for
197.30 	the removal of peat, farm-grown closed-loop biomass, or
197.31 	short-rotation woody crops shall be made by the county auditor
197.32 	pursuant to this section without first holding a public hearing
197.33 	on the auditor's intention to lease.  One printed notice in a
197.34 	legal newspaper in the county at least ten days before the
197.35 	hearing, and posted notice in the courthouse at least 20 days
197.36 	before the hearing shall be given of the hearing.
198.1 	(i) Notwithstanding any provision of paragraph (c) to the
198.2 	contrary, the St. Louis County auditor may, at the discretion of
198.3 	the county board, sell timber to the party who bids the highest
198.4 	price for all the several kinds of timber, as provided for sales
198.5 	by the commissioner of natural resources under section 90.14.
198.6 	Bids offered over and above the appraised price need not be
198.7 	applied proportionately to the appraised price of each of the
198.8 	different species of timber.
198.9 	(j) In lieu of any payment or deposit required in paragraph
198.10 	(b), as directed by the county board and under terms set by the
198.11 	county board, the county auditor may accept an irrevocable bank
198.12 	letter of credit in the amount equal to the amount otherwise
198.13 	determined in paragraph (b), exclusive of the down payment
198.14 	required for an auction sale in paragraph (b).  If an
198.15 	irrevocable bank letter of credit is provided under this
198.16 	paragraph, at the written request of the purchaser, the county
198.17 	may periodically allow the bank letter of credit to be reduced
198.18 	by an amount proportionate to the value of timber that has been
198.19 	harvested and for which the county has received payment.  The
198.20 	remaining amount of the bank letter of credit after a reduction
198.21 	under this paragraph must not be less than 20 percent of the
198.22 	value of the timber purchased.  If no cutting of timber has
198.23 	taken place on the contract for which a letter of credit has
198.24 	been provided, the county may allow the transfer of the letter
198.25 	of credit to any other contract issued to the contract holder by
198.26 	the county under this chapter to which the contract holder
198.27 	requests in writing that it be credited.

198.28 	Sec. 142. Minnesota Statutes 2004, section 282.08, as
198.29 	amended by Laws 2005, chapter 151, article 5, section 32, is
198.30 	amended to read:
198.31 	282.08 [APPORTIONMENT OF PROCEEDS TO TAXING DISTRICTS.]
198.32 	The net proceeds from the sale or rental of any parcel of
198.33 	forfeited land, or from the sale of products from the forfeited
198.34 	land, must be apportioned by the county auditor to the taxing
198.35 	districts interested in the land, as follows:
198.36 	(1) the portion required to pay any amounts included in the
199.1 	appraised value under section 282.01, subdivision 3, as
199.2 	representing increased value due to any public improvement made
199.3 	after forfeiture of the parcel to the state, but not exceeding
199.4 	the amount certified by the clerk of the municipality must be
199.5 	apportioned to the municipal subdivision entitled to it;
199.6 	(2) the portion required to pay any amount included in the
199.7 	appraised value under section 282.019, subdivision 5,
199.8 	representing increased value due to response actions taken after
199.9 	forfeiture of the parcel to the state, but not exceeding the
199.10 	amount of expenses certified by the Pollution Control Agency or
199.11 	the commissioner of agriculture, must be apportioned to the
199.12 	agency or the commissioner of agriculture and deposited in the
199.13 	fund from which the expenses were paid;
199.14 	(3) the portion of the remainder required to discharge any
199.15 	special assessment chargeable against the parcel for drainage or
199.16 	other purpose whether due or deferred at the time of forfeiture,
199.17 	must be apportioned to the municipal subdivision entitled to it;
199.18 	and
199.19 	(4) any balance must be apportioned as follows:
199.20 	(i) The county board may annually by resolution set aside
199.21 	no more than 30 percent of the receipts remaining to be used for
199.22 	timber forest development on tax-forfeited land and dedicated
199.23 	memorial forests, to be expended under the supervision of the
199.24 	county board.  It must be expended only on projects approved by
199.25 	the commissioner of natural resources improving the health and
199.26 	management of the forest resource.
199.27 	(ii) The county board may annually by resolution set aside
199.28 	no more than 20 percent of the receipts remaining to be used for
199.29 	the acquisition and maintenance of county parks or recreational
199.30 	areas as defined in sections 398.31 to 398.36, to be expended
199.31 	under the supervision of the county board.
199.32 	(iii) Any balance remaining must be apportioned as
199.33 	follows:  county, 40 percent; town or city, 20 percent; and
199.34 	school district, 40 percent, provided, however, that in
199.35 	unorganized territory that portion which would have accrued to
199.36 	the township must be administered by the county board of
200.1 	commissioners.

200.2 	Sec. 143. Minnesota Statutes 2004, section 282.38,
200.3 	subdivision 1, is amended to read:
200.4 		Subdivision 1.Development.  In any county where the
200.5 	county board by proper resolution sets aside funds for timber 
200.6 	forest development pursuant to section 282.08,
200.7 	clause (3)(a) (5), item (i), or section 459.06, subdivision 2,
200.8 	the Commission commissioner of Iron Range resources and
200.9 	rehabilitation with the approval of the board may upon request
200.10 	of the county board assist said county in carrying out any
200.11 	project for the long range development of its timber forest 
200.12 	resources through matching of funds or otherwise, provided that
200.13 	any such project shall first be approved by the commissioner of
200.14 	natural resources.

200.15 	Sec. 144. Minnesota Statutes 2004, section 296A.18,
200.16 	subdivision 2, is amended to read:
200.17 		Subd. 2.Motorboat.  Approximately 1-1/2 percent of all
200.18 	gasoline received in this state and 1-1/2 percent of all
200.19 	gasoline produced or brought into this state, except gasoline
200.20 	used for aviation purposes, is being used as fuel for the
200.21 	operation of motorboats on the waters of this state and of the
200.22 	total revenue derived from the imposition of the gasoline fuel
200.23 	tax for uses other than for aviation purposes, 1-1/2 percent of
200.24 	such revenues the revenue is the amount of tax on fuel used in
200.25 	motorboats operated on the waters of this state.  The amount of
200.26 	unrefunded tax paid on gasoline used for motor boat purposes as
200.27 	computed in this chapter shall be paid into the state treasury
200.28 	and credited to a water recreation account in the special
200.29 	revenue fund for acquisition, development, maintenance, and
200.30 	rehabilitation of sites for public access and boating facilities
200.31 	on public waters; lake and river improvement; state park
200.32 	development;and boat and water safety.

200.33 	Sec. 145. Minnesota Statutes 2004, section 297H.13,
200.34 	subdivision 2, is amended to read:
200.35 		Subd. 2.Allocation of revenues.  (a)
200.36 	$22,000,000 $33,760,000, or 50 70 percent, whichever is greater,
201.1 	of the amounts remitted under this chapter must be credited to
201.2 	the environmental fund established in section 16A.531,
201.3 	subdivision 1.
201.4 	(b) The remainder must be deposited into the general fund.

201.5 	Sec. 146. Minnesota Statutes 2004, section 462.357,
201.6 	subdivision 1e, is amended to read:
201.7 		Subd. 1e.Nonconformities. (a) Any nonconformity,
201.8 	including the lawful use or occupation of land or premises
201.9 	existing at the time of the adoption of an additional control
201.10 	under this chapter, may be continued, including through repair,
201.11 	replacement, restoration, maintenance, or improvement, but not
201.12 	including expansion, unless:
201.13 	(1) the nonconformity or occupancy is discontinued for a
201.14 	period of more than one year; or
201.15 	(2) any nonconforming use is destroyed by fire or other
201.16 	peril to the extent of greater than 50 percent of its market
201.17 	value, and no building permit has been applied for within 180
201.18 	days of when the property is damaged.  In this case, a
201.19 	municipality may impose reasonable conditions upon a building
201.20 	permit in order to mitigate any newly created impact on adjacent
201.21 	property.
201.22 	(b) Any subsequent use or occupancy of the land or premises
201.23 	shall be a conforming use or occupancy.  A municipality may, by
201.24 	ordinance, permit an expansion or impose upon nonconformities
201.25 	reasonable regulations to prevent and abate nuisances and to
201.26 	protect the public health, welfare, or safety.  This subdivision
201.27 	does not prohibit a municipality from enforcing an ordinance
201.28 	that applies to adults-only bookstores, adults-only theaters, or
201.29 	similar adults-only businesses, as defined by ordinance.
201.30 	(c) Notwithstanding paragraph (a), a municipality shall
201.31 	regulate the repair, replacement, maintenance, improvement, or
201.32 	expansion of nonconforming uses and structures in floodplain
201.33 	areas to the extent necessary to maintain eligibility in the
201.34 	National Flood Insurance Program and not increase flood damage
201.35 	potential or increase the degree of obstruction to flood flows
201.36 	in the floodway.

202.1 	Sec. 147. [473.1565] METROPOLITAN AREA WATER SUPPLY
202.2 	PLANNING ACTIVITIES; ADVISORY COMMITTEE.
202.3 		Subdivision 1.Planning activities. (a) The Metropolitan
202.4 	Council must carry out planning activities addressing the water
202.5 	supply needs of the metropolitan area as defined in section
202.6 	473.121, subdivision 2.  The planning activities must include,
202.7 	at a minimum:
202.8 	(1) development and maintenance of a base of technical
202.9 	information needed for sound water supply decisions including
202.10 	surface and groundwater availability analyses, water demand
202.11 	projections, water withdrawal and use impact analyses, modeling,
202.12 	and similar studies;
202.13 	(2) development and periodic update of a metropolitan area
202.14 	master water supply plan that:
202.15 	(i) provides guidance for local water supply systems and
202.16 	future regional investments;
202.17 	(ii) emphasizes conservation, interjurisdictional
202.18 	cooperation, and long-term sustainability; and 
202.19 	(iii) addresses the reliability, security, and
202.20 	cost-effectiveness of the metropolitan area water supply system
202.21 	and its local and subregional components;
202.22 	(3) recommendations for clarifying the appropriate roles
202.23 	and responsibilities of local, regional, and state government in
202.24 	metropolitan area water supply;
202.25 	(4) recommendations for streamlining and consolidating
202.26 	metropolitan area water supply decision-making and approval
202.27 	processes; and 
202.28 	(5) recommendations for the ongoing and long-term funding
202.29 	of metropolitan area water supply planning activities and
202.30 	capital investments.
202.31 	(b) The council must carry out the planning activities in
202.32 	this subdivision in consultation with the metropolitan area
202.33 	water supply advisory committee established in subdivision 2.
202.34 		Subd. 2.Advisory committee. (a) A metropolitan area
202.35 	water supply advisory committee is established to assist the
202.36 	council in its planning activities in subdivision 1.  The
203.1 	advisory committee has the following membership:
203.2 	(1) the commissioner of agriculture or the commissioner's
203.3 	designee;
203.4 	(2) the commissioner of health or the commissioner's
203.5 	designee;
203.6 	(3) the commissioner of natural resources or the
203.7 	commissioner's designee;
203.8 	(4) the commissioner of the pollution control agency or the
203.9 	commissioner's designee;
203.10 	(5) two officials of counties that are located in the
203.11 	metropolitan area, appointed by the governor;
203.12 	(6) five officials of noncounty local governmental units
203.13 	that are located in the metropolitan area, appointed by the
203.14 	governor; and 
203.15 	(7) the chair of the Metropolitan Council or the chair's
203.16 	designee, who is chair of the advisory committee.
203.17 	A local government unit in each of the seven counties in
203.18 	the metropolitan area must be represented in the seven
203.19 	appointments made under clauses (5) and (6).
203.20 	(b) Members of the advisory committee appointed by the
203.21 	governor serve at the pleasure of the governor.  Members of the
203.22 	advisory committee serve without compensation but may be
203.23 	reimbursed for their reasonable expenses as determined by the
203.24 	Metropolitan Council.  The advisory committee expires December
203.25 	31, 2008.
203.26 	(c) The council must consider the work and recommendations
203.27 	of the advisory committee when the council is preparing its
203.28 	regional development framework.
203.29 		Subd. 3.Reports to legislature. The council must submit
203.30 	reports to the legislature regarding its findings,
203.31 	recommendations, and continuing planning activities under
203.32 	subdivision 1.  The first report must be submitted to the
203.33 	legislature by the date the legislature convenes in 2007 and
203.34 	subsequent reports must be submitted by such date every five
203.35 	years thereafter.
203.36 	
EFFECTIVE DATE. This section is effective the day
204.1 	following final enactment and applies in the counties of Anoka,
204.2 	Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.

204.3 	Sec. 148. Minnesota Statutes 2004, section 473.197,
204.4 	subdivision 4, is amended to read:
204.5 		Subd. 4.Debt reserve; levy.  To provide money to pay
204.6 	debt service on bonds issued under the credit enhancement
204.7 	program if pledged revenues are insufficient to pay debt service 
204.8 	in repealed subdivision 1 of Minnesota Statutes 2004, section
204.9 	473.197, the council must maintain a debt reserve fund in the
204.10 	manner and with the effect provided by section 118A.04 for
204.11 	public funds until the reserve is no longer pledged or otherwise
204.12 	needed to pay debt service on such bonds. To provide funds for
204.13 	the debt reserve fund, the council may use up to $3,000,000 of
204.14 	the proceeds of solid waste bonds issued by the council under
204.15 	section 473.831 before its repeal.  To provide additional funds
204.16 	for the debt reserve fund, the council may levy a tax on all
204.17 	taxable property in the metropolitan area and must levy the tax 
204.18 	If sums in the debt reserve fund are insufficient to cure any
204.19 	deficiency in the debt service fund established for the bonds,
204.20 	the council must levy a tax on all taxable property in the
204.21 	metropolitan area in the amount needed to liquidate the
204.22 	deficiency.  The tax authorized by this section does not affect
204.23 	the amount or rate of taxes that may be levied by the council
204.24 	for other purposes and is not subject to limit as to rate or
204.25 	amount.
204.26 	
EFFECTIVE DATE. This section is effective the day
204.27 	following final enactment.

204.28 	Sec. 149. Laws 1998, chapter 389, article 16, section 31,
204.29 	subdivision 4, as amended by Laws 1999, chapter 180, section 3,
204.30 	and Laws 2001, chapter 164, section 5, is amended to read:
204.31 		Subd. 4.County environmental trust fund.
 204.32 	Notwithstanding the provisions of Minnesota Statutes, chapter
204.33 	282, and any other law relating to the apportionment of proceeds
204.34 	from the sale of tax-forfeited land, and except as otherwise
204.35 	provided in this section, a county board must deposit the money
204.36 	received from the sale of land under subdivision 3 into an
205.1 	environmental trust fund established by the county under this
205.2 	subdivision. The county board may:  (1) deposit part or all of
205.3 	the environmental trust fund money as provided in Minnesota
205.4 	Statutes, chapter 118A; or (2) enter into an agreement with the
205.5 	State Board of Investment to invest all or part of the money in
205.6 	investments under Minnesota Statutes, section 11A.24,
205.7 	subdivisions 1 to 5, on behalf of the county.The following may
205.8 	be withheld by a county board and are not required to be
205.9 	deposited into an environmental trust fund:  the costs of
205.10 	appraisal, abstracts, and surveys; money received from a sale
205.11 	which is attributable to land owned by a county in fee; amounts
205.12 	paid to lessees for improvements; amounts paid to acquire land
205.13 	which is included in a county plan for exchange and is conveyed
205.14 	to the state in the exchange, including the purchase price,
205.15 	appraisal, abstract, survey, and closing costs; and the costs of
205.16 	sale to lessees or other parties, including the costs of
205.17 	advertising, realtors, and closing services.  If the proceeds
205.18 	from the sale of tax-forfeited land in a county is are $250,000
205.19 	or more, the principal from the sale of the land may not be
205.20 	expended,amount the county may spend from the fund each
205.21 	calendar year may not exceed 5-1/2 percent of the market value
205.22 	of the fund on January 1 of the preceding calendar year,and the
205.23 	county board may spend interest earned on the principal money
205.24 	from the fund only for purposes related to the improvement of
205.25 	natural resources.  To the extent money received from the sale
205.26 	is attributable to tax-forfeited land from another county, the
205.27 	money must be deposited in an environmental trust fund
205.28 	established under this section by that county board.
205.29 	
EFFECTIVE DATE. This section is effective the day
205.30 	following final enactment.

205.31 	Sec. 150. Laws 2003, chapter 128, article 1, section 9,
205.32 	subdivision 6, is amended to read:
205.33 		Subd. 6.Recreation                   7,622,000      5,870,000
205.34 	Summary by Fund
205.35 	Trust Fund            5,622,000     5,870,000
205.36 	State Land and Conservation
206.1 	Account (LAWCON)      2,000,000
206.2 	(a) State Park and Recreation Area Land
206.3 	Acquisition
206.4 	$750,000 the first year and $750,000
206.5 	the second year are from the trust fund
206.6 	to the commissioner of natural
206.7 	resources to acquire in-holdings for
206.8 	state park and recreation areas.  Land
206.9 	acquired with this appropriation must
206.10 	be sufficiently improved to meet at
206.11 	least minimum management standards as
206.12 	determined by the commissioner of
206.13 	natural resources.  This appropriation
206.14 	is available until June 30, 2006, at
206.15 	which time the project must be
206.16 	completed and final products delivered,
206.17 	unless an earlier date is specified in
206.18 	the work program.
206.19 	(b) LAWCON Federal Reimbursements
206.20 	$2,000,000 is from the state land and
206.21 	water conservation account (LAWCON) in
206.22 	the natural resources fund to the
206.23 	commissioner of natural resources for
206.24 	eligible state projects and
206.25 	administrative and planning activities
206.26 	consistent with Minnesota Statutes,
206.27 	section 116P.14, and the federal Land
206.28 	and Water Conservation Fund Act.  This
206.29 	appropriation is contingent upon
206.30 	receipt of the federal obligation and
206.31 	remains available until June 30, 2006,
206.32 	at which time the project must be
206.33 	completed and final products delivered,
206.34 	unless an earlier date is specified in
206.35 	the work program.
206.36 	(c) Local Initiative Grants-Parks and
206.37 	Natural Areas
206.38 	$1,290,000 the first year and
206.39 	$1,289,000 the second year are from the
206.40 	trust fund to the commissioner of
206.41 	natural resources for matching grants
206.42 	to local governments for acquisition
206.43 	and development of natural and scenic
206.44 	areas and local parks as provided in
206.45 	Minnesota Statutes, section 85.019,
206.46 	subdivisions 2 and 4a, and regional
206.47 	parks outside of the metropolitan
206.48 	area.  Grants may provide up to 50
206.49 	percent of the nonfederal share of the
206.50 	project cost, except nonmetropolitan
206.51 	regional park grants may provide up to
206.52 	60 percent of the nonfederal share of
206.53 	the project cost.  The commission will
206.54 	monitor the grants for approximate
206.55 	balance over extended periods of time
206.56 	between the metropolitan area, under
206.57 	Minnesota Statutes, section 473.121,
206.58 	subdivision 2, and the nonmetropolitan
206.59 	area through work program oversight and
206.60 	periodic allocation decisions.  For the
206.61 	purposes of this paragraph, the match
206.62 	must be a nonstate contribution, but
206.63 	may be either cash or qualifying
206.64 	in-kind.  Recipients may receive
206.65 	funding for more than one project in
207.1 	any given grant period.  This
207.2 	appropriation is available until June
207.3 	30, 2006, at which time the project
207.4 	must be completed and final products
207.5 	delivered.
207.6 	(d) Metropolitan Regional Parks
207.7 	Acquisition, Rehabilitation, and
207.8 	Development
207.9 	$1,670,000 the first year and
207.10 	$1,669,000 the second year are from the
207.11 	trust fund to the commissioner of
207.12 	natural resources for an agreement with
207.13 	the metropolitan council for subgrants
207.14 	for the acquisition, development, and
207.15 	rehabilitation in the metropolitan
207.16 	regional park system, consistent with
207.17 	the metropolitan council regional
207.18 	recreation open space capital
207.19 	improvement plan.  This appropriation
207.20 	may not be used for the purchase of
207.21 	residential structures.  This
207.22 	appropriation may be used to reimburse
207.23 	implementing agencies for acquisition
207.24 	of nonresidential property as expressly
207.25 	approved in the work program.  This
207.26 	appropriation is available until June
207.27 	30, 2006, at which time the project
207.28 	must be completed and final products
207.29 	delivered, unless an earlier date is
207.30 	specified in the work program.  In
207.31 	addition, if a project financed under
207.32 	this program receives a federal grant,
207.33 	the availability of the financing from
207.34 	this paragraph for that project is
207.35 	extended to equal the period of the
207.36 	federal grant.
207.37 	(e) Local and Regional Trail Grant
207.38 	Initiative Program
207.39 	$160,000 the first year and $160,000
207.40 	the second year are from the trust fund
207.41 	to the commissioner of natural
207.42 	resources to provide matching grants to
207.43 	local units of government for the cost
207.44 	of acquisition, development,
207.45 	engineering services, and enhancement
207.46 	of existing and new trail facilities.
207.47 	This appropriation is available until
207.48 	June 30, 2006, at which time the
207.49 	project must be completed and final
207.50 	products delivered, unless an earlier
207.51 	date is specified in the work program.
207.52 	In addition, if a project financed
207.53 	under this program receives a federal
207.54 	grant, the availability of the
207.55 	financing from this paragraph for that
207.56 	project is extended to equal the period
207.57 	of the federal grant.
207.58 	(f) Gitchi-Gami State Trail
207.59 	$650,000 the first year and $650,000
207.60 	the second year are from the trust fund
207.61 	to the commissioner of natural
207.62 	resources, in cooperation with the
207.63 	Gitchi-Gami Trail Association, for the
207.64 	third biennium, to design and construct
207.65 	approximately five miles of Gitchi-Gami
208.1 	state trail segments.  This
208.2 	appropriation must be matched by at
208.3 	least $400,000 of nonstate money.  The
208.4 	availability of the financing from this
208.5 	paragraph is extended to equal the
208.6 	period of any federal money received.
208.7 	(g) Water Recreation:  Boat Access,
208.8 	Fishing Piers, and Shore-fishing
208.9 	$450,000 the first year and $700,000
208.10 	the second year are from the trust fund
208.11 	to the commissioner of natural
208.12 	resources to acquire and develop public
208.13 	water access sites statewide, construct
208.14 	shore-fishing and pier sites, and
208.15 	restore shorelands at public accesses.
208.16 	This appropriation is available until
208.17 	June 30, 2006, at which time the
208.18 	project must be completed and final
208.19 	products delivered, unless an earlier
208.20 	date is specified in the work program.
208.21 	(h) Mesabi Trail
208.22 	$190,000 the first year and $190,000
208.23 	the second year are from the trust fund
208.24 	to the commissioner of natural
208.25 	resources for an agreement with St.
208.26 	Louis and Lake Counties Regional Rail
208.27 	Authority for the sixth biennium to
208.28 	acquire and develop segments of the
208.29 	Mesabi trail.  If a federal grant is
208.30 	received, the availability of the
208.31 	financing from this paragraph is
208.32 	extended to equal the period of the
208.33 	federal grant.
208.34 	(i) Linking Communities Design,
208.35 	Technology, and DNR Trail Resources
208.36 	$92,000 the first year and $92,000 the
208.37 	second year are from the trust fund to
208.38 	the commissioner of natural resources
208.39 	for an agreement with the University of
208.40 	Minnesota to provide designs for up to
208.41 	three state trails incorporating
208.42 	recreation, natural, and cultural
208.43 	features.
208.44 	(j) Ft. Ridgley Historic Site
208.45 	Interpretive Trail
208.46 	$75,000 the first year and $75,000 the
208.47 	second year are from the trust fund to
208.48 	the Minnesota historical society to
208.49 	construct a trail through the original
208.50 	fort site and install interpretive
208.51 	markers.  This appropriation is
208.52 	available until June 30, 2006, at which
208.53 	time the project must be completed and
208.54 	final products delivered, unless an
208.55 	earlier date is specified in the work
208.56 	program.
208.57 	(k) Development and Rehabilitation of
208.58 	Minnesota Shooting Ranges
208.59 	$120,000 the first year and $120,000
208.60 	the second year are from the trust fund
208.61 	to the commissioner of natural
209.1 	resources to provide technical
209.2 	assistance and matching cost-share
209.3 	grants to local recreational shooting
209.4 	and archery clubs for the purpose of
209.5 	developing or rehabilitating shooting
209.6 	and archery facilities for public use.
209.7 	Recipient facilities must be open to
209.8 	the general public at reasonable times
209.9 	and for a reasonable fee on a walk-in
209.10 	basis.  This appropriation is available
209.11 	until June 30, 2006, at which time the
209.12 	project must be completed and final
209.13 	products delivered, unless an earlier
209.14 	date is specified in the work program.
209.15 	(l) Land Acquisition, Minnesota
209.16 	Landscape Arboretum
209.17 	$175,000 the first year and $175,000
209.18 	the second year are from the trust fund
209.19 	to the University of Minnesota for an
209.20 	agreement with the University of
209.21 	Minnesota Landscape Arboretum
209.22 	Foundation for the fifth biennium to
209.23 	acquire in-holdings within the
209.24 	arboretum's boundary land from willing
209.25 	sellers.  This appropriation must be
209.26 	matched by an equal amount of nonstate
209.27 	money.  This appropriation is available
209.28 	until June 30, 2006, at which time the
209.29 	project must be completed and final
209.30 	products delivered, unless an earlier
209.31 	date is specified in the work program.

209.32 	Sec. 151. Laws 2003, chapter 128, article 1, section 156,
209.33 	is amended to read:

209.34 	Sec. 156. WATER QUALITY ASSESSMENT PROCESS.
 209.35 		Subdivision 1.Rulemaking. (a) By January October 1,
209.36 	2006, the pollution control agency shall adopt rules under
209.37 	Minnesota Statutes, chapter 14, relating to water quality
209.38 	assessment for the waters of the state.  The adopted rules must,
209.39 	at a minimum, satisfy paragraphs (b) to (h).
209.40 	(b) The rules must apply to the determination of impaired
209.41 	waters as required by Section 303(d) of the Clean Water Act of
209.42 	1977, United States Code, title 33, chapter 26, section 1313(d).
209.43 	(c) The rules must define the terms "altered materially,"
209.44 	"material increase," "material manner," "seriously impaired,"
209.45 	and "significant increase," contained in Minnesota Rules, part
209.46 	7050.0150, subpart 3.
209.47 	(d) The rules must define the terms "normal fishery" and
209.48 	"normally present," contained in Minnesota Rules, part
209.49 	7050.0150, subpart 3.
209.50 	(e) The rules must specify that for purposes of the
210.1 	determination of impaired waters, the agency will make an
210.2 	impairment determination based only on pollution of waters of
210.3 	the state that has resulted in degradation of the physical,
210.4 	chemical, or biological qualities of the water body to the
210.5 	extent that attainable or previously existing beneficial uses
210.6 	are actually or potentially lost.
210.7 	(f) The rules must provide that when a person presents
210.8 	information adequately demonstrating that a beneficial use for
210.9 	the water body does not exist and is not attainable due to the
210.10 	natural condition of the water body, the agency shall initiate
210.11 	an administrative process for reclassification of the water to
210.12 	remove the beneficial use.
210.13 	(g) The rules must provide that the agency, in considering
210.14 	impairment due to nutrients and application of nutrient
210.15 	objectives and effluent limitations related to riverine systems
210.16 	or riverine impoundments, must consider temperature and
210.17 	detention time effects on algal populations when the discharge
210.18 	of nutrients is expected to cause or contribute to algal growth
210.19 	that impairs existing or attainable uses.
210.20 	(h) The agency shall apply Minnesota Rules, part 7050.0150,
210.21 	consistent with paragraphs (e) and (g).
210.22 		Subd. 2.Report to legislature. By February 1, 2004, and
210.23 	by February 1, 2005, the commissioner shall report to the
210.24 	environment and natural resources finance committees of the
210.25 	house and senate on the status of discussions with stakeholders
210.26 	and the development of the rules required under subdivision 1.
210.27 		Subd. 3.Time limit. Notwithstanding the time limit in
210.28 	Minnesota Statutes, section 14.125, the authority of the
210.29 	commissioner to publish a notice of intent to adopt rules and
210.30 	adopt rules is revived.
210.31 	
EFFECTIVE DATE. This section is effective the day
210.32 	following final enactment.

210.33 	Sec. 152. Laws 2003, chapter 128, article 1, section 167,
210.34 	subdivision 1, is amended to read:

210.35 	Sec. 167. FOREST LAND OFF-HIGHWAY VEHICLE USE
210.36 	RECLASSIFICATION.
 211.1 		Subdivision 1.Forest classification status review. (a)
211.2 	By December 31, 2006, the commissioner of natural resources
211.3 	shall complete a review of the forest classification status of
211.4 	all state forests classified as managed or limited, all forest
211.5 	lands under the authority of the commissioner as defined in
211.6 	Minnesota Statutes, section 89.001, subdivision 13, and lands
211.7 	managed by the commissioner under Minnesota Statutes, section
211.8 	282.011.  The review must be conducted on a forest-by-forest and
211.9 	area-by-area basis in accordance with the process and criteria
211.10 	under Minnesota Rules, part 6100.1950. Except as provided in
211.11 	paragraph (d),after each forest is reviewed, the commissioner
211.12 	must change its status to limited or closed, and must provide a
211.13 	similar status for each of the other areas subject to review
211.14 	under this section after each individual review is completed.
211.15 	(b) If the commissioner determines on January 1, 2005, that
211.16 	the review required under this section cannot be completed by
211.17 	December 31, 2006, the completion date for the review shall be
211.18 	extended to December 31, 2008.  By January 15, 2005, the
211.19 	commissioner shall report to the chairs of the legislative
211.20 	committees with jurisdiction over natural resources policy and
211.21 	finance regarding the status of the process required by this
211.22 	section.
211.23 	(c) Until December 31, 2010, the state forests and areas
211.24 	subject to review under this section are exempt from Minnesota
211.25 	Statutes, section 84.777, unless an individual forest or area
211.26 	has been classified as limited or closed.
211.27 	(d) Notwithstanding the restrictions in paragraph (a), and
211.28 	Minnesota Statutes, section 84.777, all forest lands under the
211.29 	authority of the commissioner as defined in Minnesota Statutes,
211.30 	section 89.001, subdivision 13, and lands managed by the
211.31 	commissioner under Minnesota Statutes, section 282.011, that are
211.32 	north of U.S. Highway 2 shall maintain their present
211.33 	classification unless the commissioner reclassifies the lands
211.34 	under Minnesota Rules, part 6100.1950.  The commissioner shall
211.35 	provide for seasonal trail closures when conditions warrant
211.36 	them.  By December 31, 2008, the commissioner shall complete the
212.1 	review and designate trails on forest lands north of Highway 2
212.2 	as provided in this section.

212.3 	Sec. 153. REQUIRED RULEMAKING.
 212.4 	(a) The commissioner of natural resources shall amend
212.5 	Minnesota Rules, part 6232.0300, subpart 7, to permit an
212.6 	individual to operate an all-terrain vehicle on privately owned
212.7 	land in an area open to taking deer by firearms during the legal
212.8 	shooting hours of the deer season, regardless of whether the
212.9 	individual is licensed to take deer on the day of operation, if
212.10 	the individual is:
212.11 	(1) pursuing an occupation when operating the all-terrain
212.12 	vehicle;
212.13 	(2) not in possession of a firearm; and 
212.14 	(3) the owner of the land on which the all-terrain vehicle
212.15 	is operated, an employee of the land owner, or an immediate
212.16 	family member of the land owner.
212.17 	(b) The commissioner may use the good cause exemption under
212.18 	Minnesota Statutes, section 14.388, subdivision 1, clause (3),
212.19 	in amending the rule under paragraph (a).  Minnesota Statutes,
212.20 	section 14.386, does not apply, except to the extent provided
212.21 	under Minnesota Statutes, section 14.388.

212.22 	Sec. 154. DISPOSITION OF MINERAL PAYMENTS; FISCAL YEARS
212.23 	2006 AND 2007.
 212.24 	(a) Notwithstanding Minnesota Statutes, section 93.22,
212.25 	subdivision 1, in fiscal years 2006 and 2007, all payments under
212.26 	Minnesota Statutes, sections 93.14 to 93.285, shall be made to
212.27 	the Department of Natural Resources and shall be credited
212.28 	according to this section.
212.29 	(b) Twenty percent of all payments under Minnesota
212.30 	Statutes, sections 93.14 to 93.285, shall be credited to the
212.31 	minerals management account in the natural resources fund as
212.32 	costs for the administration and management of state mineral
212.33 	resources by the commissioner of natural resources.
212.34 	(c) The remainder of the payments shall be credited as
212.35 	follows:
212.36 	(1) if the lands or minerals and mineral rights covered by
213.1 	a lease are held by the state by virtue of an act of Congress,
213.2 	payments made under the lease shall be credited to the permanent
213.3 	fund of the class of land to which the leased premises belong;
213.4 	(2) if a lease covers the bed of navigable waters, payments
213.5 	made under the lease shall be credited to the permanent school
213.6 	fund of the state;
213.7 	(3) if the lands or minerals and mineral rights covered by
213.8 	a lease are held by the state in trust for the taxing districts,
213.9 	payments made under the lease shall be distributed annually on
213.10 	the first day of September to the respective counties in which
213.11 	the lands lie, to be apportioned among the taxing districts
213.12 	interested therein as follows:  county, three-ninths; town or
213.13 	city, two-ninths; and school district, four-ninths;
213.14 	(4) if the lands or mineral rights covered by a lease
213.15 	became the absolute property of the state under the provisions
213.16 	of Minnesota Statutes, chapter 84A, payments made under the
213.17 	lease shall be distributed as follows:  county containing the
213.18 	land from which the income was derived, five-eighths; and
213.19 	general fund of the state, three-eighths; and 
213.20 	(5) except as provided under this section and except where
213.21 	the disposition of payments may be otherwise directed by law,
213.22 	payments made under a lease shall be paid into the general fund
213.23 	of the state.

213.24 	Sec. 155. WASTE MANAGEMENT TASK FORCE.
 213.25 		Subdivision 1.Creation; membership. A waste management
213.26 	task force is created.  The chairs of the house and senate
213.27 	committees with primary jurisdiction over environmental policy
213.28 	and environmental finance shall appoint members to the task
213.29 	force.  Five members shall be appointed from each legislative
213.30 	body, including at least two each from the minority caucus.  The
213.31 	chairs of the house committees shall appoint the house co-chair
213.32 	of the task force.  The chairs of the senate committees shall
213.33 	appoint the senate co-chair of the task force.  The Legislative
213.34 	Coordinating Commission shall provide administrative support to
213.35 	the task force.
213.36 		Subd. 2.Charge. (a) The waste management task force is
214.1 	charged to examine the management of organic waste in
214.2 	Minnesota.  In developing its findings and recommendations, the
214.3 	task force may consider the following issues:
214.4 	(1) the need for a hierarchy for organic waste that
214.5 	reflects the state's priorities for organic waste disposal;
214.6 	(2) the economics of managing organic waste, and the role
214.7 	of state-funded incentives;
214.8 	(3) the current systems for transporting, processing, and
214.9 	disposing of organic wastes; and 
214.10 	(4) how a state organic waste management system would fit
214.11 	into the existing state and county solid waste management
214.12 	systems.
214.13 	(b) The waste management task force is charged to examine
214.14 	alternative methods of establishing a statewide system for the
214.15 	disposal of electronic waste.  In developing its findings and
214.16 	recommendations, the task force may consider the following
214.17 	issues:
214.18 	(1) approaches that place the burden of funding collection
214.19 	and recycling of electronic waste on, respectively,
214.20 	manufacturers, wholesalers, and consumers;
214.21 	(2) approaches similar to the system used to recycle other
214.22 	appliances.
214.23 	(c) The waste management task force is charged to examine
214.24 	prospects for expanding current landfills and siting new
214.25 	landfills.
214.26 		Subd. 3.Report. The task force shall report to the
214.27 	house and senate committees with primary jurisdiction over
214.28 	environmental policy and environmental finance any findings and
214.29 	recommendations, including suggested legislation, by January 15,
214.30 	2006.
214.31 		Subd. 4.Expiration. The waste management task force
214.32 	expires July 1, 2006.

214.33 	Sec. 156. ENVIRONMENT AND NATURAL RESOURCES TRUST FUND;
214.34 	ADVISORY TASK FORCE.
 214.35 		Subdivision 1.Establishment. (a) An advisory task force
214.36 	to examine the process for making recommendations on
215.1 	expenditures from the environment and natural resources trust
215.2 	fund is created, consisting of:
215.3 	(1) four former members of the current Legislative
215.4 	Commission on Minnesota Resources from the house of
215.5 	representatives, appointed by the executive committee of the
215.6 	commission;
215.7 	(2) four former members of the current Legislative
215.8 	Commission on Minnesota Resources from the senate, appointed by
215.9 	the executive committee of the commission; and 
215.10 	(3) eight public members who are not current or past
215.11 	members of the Legislative Commission on Natural Resources or
215.12 	the Citizens Advisory Council, established under Minnesota
215.13 	Statutes, section 116P.06, but who have submitted trust fund
215.14 	proposals for funding, appointed by the governor.
215.15 	(b) The members of the task force shall select a chair who
215.16 	shall preside and convene meetings of the task force.  At least
215.17 	two house members and two senate members appointed must be from
215.18 	the minority caucus.  Current legislative members of the task
215.19 	force are entitled to reimbursement for per diem expenses plus
215.20 	travel expenses incurred in the services of the task force.
215.21 	Public members of the task force shall be compensated as
215.22 	provided in Minnesota Statutes, section 15.0575.
215.23 	(c) The task force shall examine the current process for
215.24 	recommending appropriations from the environment and natural
215.25 	resources trust fund and make recommendations for changes in the
215.26 	process.
215.27 	(d) By February 15, 2006, the task force shall report on
215.28 	its recommendations to the governor and the legislative
215.29 	committees and divisions with jurisdiction over environment and
215.30 	natural resources policy and finance.
215.31 		Subd. 2.Sunset. The duties of the Legislative
215.32 	Commission on Minnesota Resources to recommend expenditures from
215.33 	the environment and natural resources trust fund expire on June
215.34 	30, 2006.

215.35 	Sec. 157. CONTINUATION OF AGREEMENTS.
 215.36 	An agreement entered into between the Metropolitan Council
216.1 	and a participant in the credit enhancement program under
216.2 	Minnesota Statutes 2004, section 473.197, subdivision 5, with
216.3 	respect to bonds issued prior to the effective date of this
216.4 	section, shall continue in effect in accordance with its terms;
216.5 	provided that no provision in such agreement shall be construed
216.6 	to require or allow the council to pledge its full faith and
216.7 	credit and taxing powers to the payment of additional bonds
216.8 	issued after the effective date of this section.

216.9 	EFFECTIVE DATE. This section is effective the day
216.10 	following final enactment and applies in the counties of Anoka,
216.11 	Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.

216.12 	Sec. 158. USE OF CREDIT ENHANCEMENT PROGRAM FUNDS.
 216.13 	The Metropolitan Council must transfer any funds
216.14 	originating from the proceeds of solid waste bonds and available
216.15 	for the credit enhancement program under Minnesota Statutes
216.16 	2004, section 473.197, subdivision 4, to the council's general
216.17 	fund to the extent such funds are no longer pledged or otherwise
216.18 	needed by the council to maintain a debt reserve fund as
216.19 	provided for in ongoing Minnesota Statutes, section 473.197,
216.20 	subdivision 4.  The council must first use the transferred funds
216.21 	for carrying out the metropolitan area water supply planning
216.22 	activities required by Minnesota Statutes, section 473.1565, for
216.23 	staff support of the advisory committee established under that
216.24 	section, and for related purposes.  If the council determines
216.25 	that the transferred funds are no longer needed for such
216.26 	purposes, the council may use any such funds for any general
216.27 	purposes of the council.

216.28 	EFFECTIVE DATE. This section is effective the day
216.29 	following final enactment and applies in the counties of Anoka,
216.30 	Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.

216.31 	Sec. 159. APPLICATION FOR DISABILITY BENEFITS.
 216.32 		Subdivision 1.Eligible person. For purposes of this
216.33 	section, an eligible person is a person who was employed by the
216.34 	Minnesota Department of Natural Resources as a photo lab
216.35 	supervisor beginning in April 1977 and ending in June 1998.
216.36 		Subd. 2.Application procedure. Notwithstanding any
217.1 	contrary provision in Minnesota Statutes, section 352.113, or
217.2 	any other law, an eligible person may file an application for
217.3 	disability benefits from the Minnesota State Retirement System
217.4 	within 60 days of the effective date of this section.  Upon
217.5 	filing of the application, the director must act on the
217.6 	application as if it had been filed within 180 days of
217.7 	termination of the person's employment with the Department of
217.8 	Natural Resources.  The director may approve the disability
217.9 	benefit only if the eligible person establishes that the person
217.10 	became disabled while still a state employee.  If the director
217.11 	approves the disability benefit, the benefit begins to accrue on
217.12 	the date it is approved.
217.13 	
EFFECTIVE DATE. This section is effective the day
217.14 	following final enactment.

217.15 	Sec. 160. PCA/OEA MERGER.
 217.16 	The responsibilities of the Office of Environmental
217.17 	Assistance are transferred to the Pollution Control Agency under
217.18 	Minnesota Statutes, section 15.039.  In addition to the
217.19 	provisions of Minnesota Statutes, section 15.039, no employee in
217.20 	the classified service shall suffer job loss, have a salary
217.21 	reduced, or have employment benefits reduced as a result of the
217.22 	reorganization in this article.

217.23 	Sec. 161. REVISOR'S INSTRUCTION.
 217.24 	Except as otherwise provided in this article, the revisor
217.25 	shall make the following changes, with appropriate grammatical
217.26 	corrections, in Minnesota Statutes and Minnesota Rules:
217.27 	(1) delete references to the Office of Environmental
217.28 	Assistance or its director and insert references to the
217.29 	Pollution Control Agency or its commissioner;
217.30 	(2) delete language that is made superfluous by the merger
217.31 	of the agency and the office;
217.32 	(3) in Minnesota Statutes, chapters 115A to 116, delete
217.33 	references to obsolete names of committees in the senate and
217.34 	house of representatives and insert generic references to
217.35 	committees with jurisdiction over the specified areas of
217.36 	governance; and 
218.1 	(4) in Minnesota Statutes, chapters 115A to 116, delete
218.2 	obsolete references to reports required to be submitted to the
218.3 	legislature.

218.4 	Sec. 162. REPEALER.
 218.5 		Subdivision 1.Metropolitan council. Minnesota Statutes
218.6 	2004, sections 473.156; and 473.197, subdivisions 1, 2, 3, and
218.7 	5, are repealed effective the day following final enactment.
218.8 		Subd. 2.State lands. Minnesota Statutes 2004, sections
218.9 	94.343, subdivision 6; 94.344, subdivision 6; 94.348; and
218.10 	94.349, are repealed.
218.11 		Subd. 3.Pca/oea merger. Minnesota Statutes 2004,
218.12 	sections 115A.03, subdivisions 8a and 22a; 115A.055, subdivision
218.13 	1; 115D.03, subdivision 4; and 473.801, subdivision 6, are
218.14 	repealed.
218.15 		Subd. 4.Off-highway vehicle safety and conservation
218.16 	program. Minnesota Statutes 2004, section 84.901, is repealed.

218.17 	ARTICLE 3
218.18 	JOBS AND ECONOMIC DEVELOPMENT APPROPRIATIONS

218.19 	Section 1. JOBS AND ECONOMIC DEVELOPMENT APPROPRIATIONS.
 218.20 	The sums shown in the columns marked "APPROPRIATIONS" are
218.21 	appropriated from the general fund, or another named fund, to
218.22 	the agencies and for the purposes specified in this article, to
218.23 	be available for the fiscal years indicated for each purpose.
218.24 	The figures "2006" and "2007," where used in this article, mean
218.25 	that the appropriation or appropriations listed under them are
218.26 	available for the fiscal year ending June 30, 2006, or June 30,
218.27 	2007, respectively.  The term "first year" means the fiscal year
218.28 	ending June 30, 2006, and the term "second year" means the
218.29 	fiscal year ending June 30, 2007.
218.30 	SUMMARY BY FUND
218.31 	2006          2007           TOTAL
218.32 	General            $  161,219,000 $  146,559,000 $  307,778,000
218.33 	Workforce
218.34 	Development            16,627,000     16,827,000     33,454,000
218.35 	Remediation               700,000        700,000      1,400,000
218.36 	Petroleum Tank
218.37 	Cleanup                 1,084,000      1,084,000      2,168,000
219.1 	Workers'
219.2 	Compensation           21,750,000     21,750,000     43,500,000
219.3 	TOTAL              $  201,380,000 $  186,920,000 $  388,300,000
219.4 	APPROPRIATIONS
219.5 	                                       Available for the Year
219.6 	                                           Ending June 30
219.7 	                                          2006         2007

219.8 	Sec. 2. EMPLOYMENT AND
219.9 	ECONOMIC DEVELOPMENT
 219.10 		Subdivision 1.Total
219.11 	Appropriation                     $   69,825,000 $   54,549,000
219.12 	Summary by Fund
219.13 	General              54,448,000    38,972,000
219.14 	Remediation             700,000       700,000
219.15 	Workforce
219.16 	Development          14,677,000    14,877,000
219.17 	The amounts that may be spent from this
219.18 	appropriation for each program are
219.19 	specified in the following subdivisions.
219.20 		Subd. 2.Business and
219.21 	Community Development                 23,359,000      7,883,000
219.22 	Summary by Fund
219.23 	General              22,659,000     7,183,000
219.24 	Remediation             700,000       700,000
219.25 	$150,000 the first year and $150,000
219.26 	the second year are from the general
219.27 	fund for a grant under Minnesota
219.28 	Statutes, section 116J.421, to the
219.29 	Rural Policy and Development Center at
219.30 	St. Peter, Minnesota.  The grant shall
219.31 	be used for research and policy
219.32 	analysis on emerging economic and
219.33 	social issues in rural Minnesota, to
219.34 	serve as a policy resource center for
219.35 	rural Minnesota communities, to
219.36 	encourage collaboration across higher
219.37 	education institutions to provide
219.38 	interdisciplinary team approaches to
219.39 	research and problem-solving in rural
219.40 	communities, and to administer overall
219.41 	operations of the center.
219.42 	The grant shall be provided upon the
219.43 	condition that each state-appropriated
219.44 	dollar be matched with a nonstate
219.45 	dollar.  Acceptable matching funds are
219.46 	nonstate contributions that the center
219.47 	has received and have not been used to
219.48 	match previous state grants.  Any funds
219.49 	not spent the first year are available
219.50 	the second year.
219.51 	$155,000 the first year and $155,000
219.52 	the second year are from the general
219.53 	fund for a grant to the Metropolitan
219.54 	Economic Development Association for
220.1 	continuing minority business
220.2 	development programs in the
220.3 	metropolitan area.
220.4 	$150,000 the first year and $150,000
220.5 	the second year are from the general
220.6 	fund for a grant to WomenVenture for
220.7 	women's business development programs.
220.8 	$250,000 the first year and $250,000
220.9 	the second year are to establish a
220.10 	methamphetamine laboratory cleanup
220.11 	revolving loan fund pursuant to
220.12 	Minnesota Statutes, section 446A.083.
220.13 	This is a onetime appropriation.  This
220.14 	appropriation is available until spent.
220.15 	$18,000 in the first year and $17,000
220.16 	in the second year are for onetime
220.17 	grants to the Riverbend Center for
220.18 	Entrepreneurial Facilitation in Blue
220.19 	Earth County.  The grants must be used
220.20 	to continue a program to assist in the
220.21 	development of entrepreneurs and small
220.22 	businesses.  The grants must be
220.23 	provided on the condition that each
220.24 	state-appropriated dollar be matched
220.25 	with a nonstate dollar.  Any balance in
220.26 	the first year does not cancel but is
220.27 	available in the second year.
220.28 	Grant recipients must report to the
220.29 	commissioner by February 1 in each of
220.30 	the two years after the year of receipt
220.31 	of the grant.  The report must detail
220.32 	the number of customers served; the
220.33 	number of businesses started,
220.34 	stabilized, or expanded; the number of
220.35 	jobs created and retained; and business
220.36 	success rates.  The commissioner shall
220.37 	report to the legislature on the
220.38 	program's assistance to entrepreneurs
220.39 	and small businesses.  The report shall
220.40 	contain an evaluation of the results.
220.41 	$15,000,000 the first year is for the
220.42 	direct and indirect expenses of the
220.43 	collaborative research partnership
220.44 	between the University of Minnesota and
220.45 	the Mayo Foundation for research in
220.46 	biotechnology and medical genomics.
220.47 	This is a onetime appropriation.  An
220.48 	annual report on the expenditure of
220.49 	this appropriation must be submitted to
220.50 	the governor and the chairs of the
220.51 	senate Higher Education Budget
220.52 	Division, the house of representatives
220.53 	Higher Education Finance Committee, the
220.54 	senate Environment, Agriculture, and
220.55 	Economic Development Budget Division,
220.56 	and the house of representatives Jobs
220.57 	and Economic Opportunity Policy and
220.58 	Finance Committee, by June 30 of each
220.59 	fiscal year until the appropriation is
220.60 	expended.  This appropriation is
220.61 	available until expended.
220.62 	$100,000 the first year and $100,000
220.63 	the second year are to help small
220.64 	businesses access federal funds through
220.65 	the federal Small Business Innovation
221.1 	Research Program and the federal Small
221.2 	Business Technology Transfer Program.
221.3 	Department services must include
221.4 	maintaining connections to 11 federal
221.5 	programs, assessment of specific
221.6 	funding opportunities, review of
221.7 	funding proposals, referral to specific
221.8 	consulting services, and training
221.9 	workshops throughout the state.  The
221.10 	appropriation is added to the agency's
221.11 	base.  Unless prohibited by federal
221.12 	law, the department must implement fees
221.13 	for services that help companies seek
221.14 	federal Phase II Small Business
221.15 	Innovation Research grants.  The
221.16 	recommended fee schedule must be
221.17 	reported to the chairs of the house of
221.18 	representatives finance committee and
221.19 	senate budget division with
221.20 	jurisdiction over economic development
221.21 	by February 1, 2006.
221.22 	$60,000 the first year and $60,000 the
221.23 	second year are for grants to the
221.24 	Minnesota Inventors Congress.  Of this
221.25 	amount, $10,000 each year is for the
221.26 	Student Inventors Congress.
221.27 	$15,000 the first year from the base is
221.28 	for a onetime grant to La Creche Early
221.29 	Childhood Centers, Inc. of Minneapolis.
221.30 	$125,000 the first year is for a grant
221.31 	to the Northwest Regional Development
221.32 	Commission at Warren to do field
221.33 	research on the planting and production
221.34 	of cold-hardy grape cultivars.  This is
221.35 	a onetime appropriation and is
221.36 	available until expended.
221.37 	This vineyard production research
221.38 	project is to select cold-hardy
221.39 	cultivars and cultural practices that
221.40 	can diversify the agricultural
221.41 	landscape of Minnesota and stimulate
221.42 	economic development with subsequent
221.43 	expansion into value-added businesses
221.44 	and the winery industry.  Treatments
221.45 	used in this research project must
221.46 	focus on development of cultural and
221.47 	management practices that include
221.48 	trials on planting depths, vine root
221.49 	care, cultivation techniques, mulching,
221.50 	and other methods that will enhance
221.51 	productivity and winter survival in
221.52 	subzero temperatures.
221.53 	An annual report is required, including
221.54 	an economic assessment that compares
221.55 	the input requirements and feasibility
221.56 	of each overwintering technique and its
221.57 	contribution to the success of the
221.58 	vines.  The report must be submitted to
221.59 	the chairs of the house of
221.60 	representatives and senate policy
221.61 	committees with jurisdiction over
221.62 	agriculture.  The Northwest Regional
221.63 	Development Commission is encouraged to
221.64 	work with the University of Minnesota
221.65 	and the North Dakota State University
221.66 	experiment stations and on-farm sites
222.1 	to evaluate the suitability of
222.2 	regionally developed grape cultivars in
222.3 	areas of harsh winters and short
222.4 	growing seasons.
222.5 	$250,000 the first year is for a
222.6 	onetime grant to the Blandin Foundation
222.7 	for the "get broadband" program.  This
222.8 	appropriation must be matched equally
222.9 	by nonstate funds and is available
222.10 	until expended.  Expenditures made by
222.11 	the Blandin Foundation beginning
222.12 	December 1, 2004, may be used as match
222.13 	for this appropriation.  The "get
222.14 	broadband" program must be designed to
222.15 	increase the use of broadband-based
222.16 	technologies by businesses, schools,
222.17 	health care organizations, government
222.18 	organizations, and the general public.
222.19 	$100,000 the first year is for a
222.20 	onetime grant to the Children's
222.21 	Discovery Museum for furnishing and
222.22 	equipping the new Children's Discovery
222.23 	Museum in Grand Rapids.
222.24 		Subd. 3.Workforce Partnerships      15,229,000     15,229,000
222.25 	Summary by Fund
222.26 	General               8,347,000     8,347,000
222.27 	Workforce
222.28 	Development           6,882,000     6,882,000
222.29 	$6,785,000 the first year and
222.30 	$6,785,000 the second year are from the
222.31 	general fund for the Minnesota job
222.32 	skills partnership program under
222.33 	Minnesota Statutes, sections 116L.01 to
222.34 	116L.17.  If the appropriation for
222.35 	either year is insufficient, the
222.36 	appropriation for the other year is
222.37 	available.  This appropriation does not
222.38 	cancel.
222.39 	$305,000 the first year and $305,000
222.40 	the second year are from the general
222.41 	fund for a grant under Minnesota
222.42 	Statutes, section 116J.8747, to Twin
222.43 	Cities RISE! to provide training to
222.44 	hard-to-train individuals.
222.45 	$875,000 the first year and $875,000
222.46 	the second year are from the workforce
222.47 	development fund for opportunities
222.48 	industrialization center programs.
222.49 	$500,000 the first year and $500,000
222.50 	the second year are from the workforce
222.51 	development fund for a onetime grant to
222.52 	the Minnesota Opportunities
222.53 	Industrialization Centers State
222.54 	Council.  The grant shall be used by
222.55 	the American Indian Opportunities
222.56 	Industrialization Centers of
222.57 	Minneapolis, and the Northwestern
222.58 	Opportunities Industrialization Centers
222.59 	of Bemidji, to provide training to
222.60 	American Indians on personal financial
222.61 	management and investment and to become
223.1 	small businesspersons.  The
223.2 	opportunities industrialization centers
223.3 	may contract with any accredited state
223.4 	or private educational institution to
223.5 	deliver training.
223.6 	$500,000 the first year and $500,000
223.7 	the second year are from the workforce
223.8 	development fund for a onetime grant to
223.9 	the Minnesota Opportunity
223.10 	Industrialization Centers State
223.11 	Council.  The grant shall be used to
223.12 	initiate and expand health occupation
223.13 	training at Minnesota Opportunity
223.14 	Industrialization Centers.  The grant
223.15 	shall be distributed evenly among those
223.16 	Minnesota Opportunity Industrialization
223.17 	Centers that have plans to either
223.18 	initiate or expand health occupations
223.19 	and career ladder training programs for
223.20 	individuals seeking employment as
223.21 	nurses, nursing assistants, home health
223.22 	aides, phlebotomists, or in the field
223.23 	of medical coding.
223.24 	The first $1,450,000 deposited in each
223.25 	year of the biennium and in each year
223.26 	of subsequent bienniums into the
223.27 	contingent account created under
223.28 	Minnesota Statutes, section 268.196,
223.29 	subdivision 3, shall be transferred
223.30 	upon deposit to the workforce
223.31 	development fund created under
223.32 	Minnesota Statutes, section 116L.20.
223.33 	Deposits in excess of the $1,450,000
223.34 	shall be transferred upon deposit to
223.35 	the general fund.
223.36 	$1,069,000 the first year and
223.37 	$1,069,000 the second year are from the
223.38 	general fund and $3,000,000 the first
223.39 	year and $3,000,000 the second year are
223.40 	from the workforce development fund for
223.41 	a onetime grant for the Minnesota youth
223.42 	program.  If the appropriation in
223.43 	either year is insufficient, the
223.44 	appropriation for the other year is
223.45 	available.
223.46 	$183,000 the first year and $183,000
223.47 	the second year are for a onetime grant
223.48 	for the learn-to-earn summer youth
223.49 	employment program.  This appropriation
223.50 	is available until spent.
223.51 	$757,000 the first year and $757,000
223.52 	the second year are from the workforce
223.53 	development fund for a onetime grant
223.54 	for the youthbuild program under
223.55 	Minnesota Statutes, sections 268.361 to
223.56 	268.3661.  A Minnesota Youthbuild
223.57 	program funded under this section as
223.58 	authorized in Minnesota Statutes,
223.59 	sections 116L.361 to 116L.366,
223.60 	qualifies as an approved training
223.61 	program under Minnesota Rules, part
223.62 	5200.0930, subpart 1.
223.63 	$1,000,000 the first year and
223.64 	$1,000,000 the second year are from the
223.65 	workforce development fund for a
224.1 	onetime grant to the Minnesota Alliance
224.2 	of Boys and Girls Clubs to administer a
224.3 	statewide project of youth job skills
224.4 	development.  This project, which may
224.5 	have career guidance components, is to
224.6 	encourage, train, and assist youth in
224.7 	job-seeking skills, workplace
224.8 	orientation, and job-site knowledge
224.9 	through coaching.  This grant requires
224.10 	a 25 percent match from nonstate
224.11 	resources.
224.12 	$5,000 the first year and $5,000 the
224.13 	second year are for a onetime grant to
224.14 	the Northwest Regional Curfew Center
224.15 	under the youth intervention program in
224.16 	Minnesota Statutes, section 116L.30.
224.17 	$8,500 in the first year and $8,500 in
224.18 	the second year are from the
224.19 	department's base for a grant to the
224.20 	Twin Cities Community Voice Mail to
224.21 	maintain the toll-free telephone number
224.22 	for the Greater Minnesota Project.  The
224.23 	commissioner must ensure that the
224.24 	telephone number is not changed for the
224.25 	2006-2007 biennium.
224.26 	$250,000 the first year and $250,000
224.27 	the second year are from the workforce
224.28 	development fund for a grant to
224.29 	Lifetrack Resources for its immigrant
224.30 	and refugee collaborative programs,
224.31 	including those related to job-seeking
224.32 	skills and workplace orientation,
224.33 	intensive job development, functional
224.34 	work English, and on-site job coaching.
224.35 		Subd. 4.Workforce Services          27,960,000     28,160,000
224.36 	Summary by Fund
224.37 	General              20,165,000    20,165,000
224.38 	Workforce
224.39 	Development           7,795,000     7,995,000
224.40 	$4,864,000 the first year and
224.41 	$4,864,000 the second year are from the
224.42 	general fund and $7,420,000 the first
224.43 	year and $7,420,000 the second year are
224.44 	from the workforce development fund for
224.45 	extended employment services for
224.46 	persons with severe disabilities or
224.47 	related conditions under Minnesota
224.48 	Statutes, section 268A.15.  Of the
224.49 	amount from the workforce development
224.50 	fund, $500,000 each year is onetime.
224.51 	$1,690,000 the first year and
224.52 	$1,690,000 the second year are from the
224.53 	general fund for grants under Minnesota
224.54 	Statutes, section 268A.11, for the
224.55 	eight centers for independent living.
224.56 	Money not expended the first year is
224.57 	available the second year.
224.58 	$150,000 the first year and $150,000
224.59 	the second year are from the general
224.60 	fund and $175,000 the first year and
224.61 	$175,000 the second year are from the
225.1 	workforce development fund for grants
225.2 	under Minnesota Statutes, section
225.3 	268A.03, to Rise, Inc. for the
225.4 	Minnesota Employment Center for People
225.5 	Who are Deaf or Hard-of-Hearing.  Money
225.6 	not expended the first year is
225.7 	available the second year.  Of the
225.8 	amount from the workforce development
225.9 	fund, $150,000 each year is onetime.
225.10 	$1,000,000 the first year and
225.11 	$1,000,000 the second year are from the
225.12 	general fund and $200,000 the first
225.13 	year and $400,000 the second year are
225.14 	from the workforce development fund for
225.15 	grants for programs that provide
225.16 	employment support services to persons
225.17 	with mental illness under Minnesota
225.18 	Statutes, sections 268A.13 and
225.19 	268A.14.  Up to $77,000 each year may
225.20 	be used for administrative and salary
225.21 	expenses.  The appropriation from the
225.22 	workforce development fund is onetime.
225.23 	$4,940,000 the first year and
225.24 	$4,940,000 the second year are from the
225.25 	general fund for state services for the
225.26 	blind activities.
225.27 	$7,521,000 the first year and
225.28 	$7,521,000 the second year are from the
225.29 	general fund for the state's vocational
225.30 	rehabilitation program for people with
225.31 	significant disabilities to assist with
225.32 	employment, under Minnesota Statutes,
225.33 	chapter 268A.
225.34 	On or after July 1, 2005, the
225.35 	commissioner of finance shall cancel
225.36 	the unencumbered balance in the
225.37 	contaminated site cleanup and
225.38 	development account to the unrestricted
225.39 	fund balance in the general fund.
225.40 		Subd. 5.State-Funded
225.41 	Administration                         3,277,000      3,277,000

225.42 	Sec. 3. MINNESOTA CONSERVATION CORPS  1,200,000      1,200,000
 225.43 	This appropriation is from the
225.44 	workforce development fund for a
225.45 	onetime appropriation for the purposes
225.46 	of Minnesota Statutes, section 84.991.

225.47 	Sec. 4. COMMERCE
 225.48 		Subdivision 1.Total
225.49 	Appropriation                         22,065,000     22,065,000
225.50 	Summary by Fund
225.51 	General              20,146,000    20,146,000
225.52 	Petroleum
225.53 	Cleanup               1,084,000     1,084,000
225.54 	Workers'
225.55 	Compensation            835,000       835,000
225.56 	The amounts that may be spent from this
225.57 	appropriation for each program are
226.1 	specified in the following subdivisions.
226.2 		Subd. 2.Financial Examinations       5,994,000      5,994,000
226.3 		Subd. 3.Petroleum Tank Release
226.4 	Cleanup Board                          1,084,000      1,084,000
226.5 	This appropriation is from the
226.6 	petroleum tank release cleanup fund.
226.7 		Subd. 4.Administrative Services      5,418,000      5,418,000
226.8 		Subd. 5.Market Assurance             5,757,000      5,757,000
226.9 	Summary by Fund
226.10 	General               4,922,000     4,922,000
226.11 	Workers'
226.12 	Compensation            835,000       835,000
226.13 		Subd. 6.Energy and
226.14 	Telecommunications                     3,812,000      3,812,000
226.15 		Subd. 7.Fair Housing Education
226.16 	Of the money appropriated for fair
226.17 	housing education under Laws 2001,
226.18 	chapter 208, section 28, the
226.19 	unencumbered balance is canceled and
226.20 	transferred to the general fund.
226.21 		Subd. 8.Mortgage Consumer Education
226.22 	Of the unexpended balance in the
226.23 	consumer education account established
226.24 	under Minnesota Statutes, section
226.25 	58.10, subdivision 3, $200,000 is
226.26 	transferred to the general fund.
226.27 		Subd. 9.Liquefied Petroleum Gas Account
226.28 	The unexpended balance in the liquefied
226.29 	petroleum gas account established under
226.30 	Minnesota Statutes, section 239.785,
226.31 	subdivision 6, is canceled and
226.32 	transferred to the general fund.

226.33 	Sec. 5. HOUSING FINANCE AGENCY
 226.34 		Subdivision 1.Total
226.35 	Appropriation                         35,235,000     35,235,000
226.36 	The amounts that may be spent from this
226.37 	appropriation for certain programs are
226.38 	specified in the following subdivisions.
226.39 	This appropriation is for transfer to
226.40 	the housing development fund for the
226.41 	programs specified.  Except as
226.42 	otherwise indicated, this transfer is
226.43 	part of the agency's permanent budget
226.44 	base.
226.45 		Subd. 2.Challenge Program
226.46 	10,907,000     10,907,000
226.47 	For the economic development and
226.48 	housing challenge program under
226.49 	Minnesota Statutes, section 462A.33.
227.1 	Of this amount, $1,285,000 each year
227.2 	shall be made available during the
227.3 	first eight months of the fiscal year
227.4 	exclusively for housing projects for
227.5 	American Indians.  Any funds not
227.6 	committed to housing projects for
227.7 	American Indians in the first eight
227.8 	months of the fiscal year, shall be
227.9 	available for any eligible activity
227.10 	under Minnesota Statutes, section
227.11 	462A.33.
227.12 		Subd. 3.Housing Trust Fund
227.13 	$6,305,000 the first year and
227.14 	$6,305,000 the second year are for the
227.15 	housing trust fund to be deposited in
227.16 	the housing trust fund account created
227.17 	under Minnesota Statutes, section
227.18 	462A.201, and used for the purposes
227.19 	provided in that section.  The base
227.20 	funding for this program shall be
227.21 	$8,305,000 each year in the 2008-2009
227.22 	biennium.
227.23 		Subd. 4.Rental Assistance for Mentally Ill
227.24 	1,638,000      1,638,000
227.25 	For a rental housing assistance program
227.26 	for persons with a mental illness or
227.27 	families with an adult member with a
227.28 	mental illness under Minnesota
227.29 	Statutes, section 462A.2097.  The
227.30 	agency must not reduce the funding
227.31 	under this subdivision.
227.32 		Subd. 5.Family Homeless Prevention
227.33 	3,715,000      3,715,000
227.34 	For family homeless prevention and
227.35 	assistance programs under Minnesota
227.36 	Statutes, section 462A.204.  Any
227.37 	balance in the first year does not
227.38 	cancel but is available in the second
227.39 	year.
227.40 	As provided in Minnesota Statutes,
227.41 	section 462A.20, subdivision 3, the
227.42 	agency may transfer unencumbered
227.43 	balances from one appropriated account
227.44 	to another as necessary to implement
227.45 	the business plan of the working group
227.46 	on long-term homelessness established
227.47 	in Laws 2003, chapter 128, article 15,
227.48 	section 9.
227.49 		Subd. 6.Home Ownership
227.50 	Assistance Fund
227.51 	The budget base for the home ownership
227.52 	assistance fund shall be $885,000 in
227.53 	fiscal year 2008 and $885,000 in fiscal
227.54 	year 2009.
227.55 		Subd. 7.Affordable Rental
227.56 	Investment Fund
227.57 	$8,996,000 the first year and
227.58 	$8,996,000 the second year are for the
228.1 	affordable rental investment fund
228.2 	program under Minnesota Statutes,
228.3 	section 462A.21, subdivision 8b.
228.4 	This appropriation is to finance the
228.5 	acquisition, rehabilitation, and debt
228.6 	restructuring of federally assisted
228.7 	rental property and for making equity
228.8 	take-out loans under Minnesota
228.9 	Statutes, section 462A.05, subdivision
228.10 	39.  This appropriation also may be
228.11 	used to finance the acquisition,
228.12 	rehabilitation, and debt restructuring
228.13 	of existing supportive housing
228.14 	properties.  For purposes of this
228.15 	subdivision, "supportive housing" means
228.16 	affordable rental housing with links to
228.17 	services necessary for individuals,
228.18 	youth, and families with children to
228.19 	maintain housing stability.
228.20 	The owner of the federally assisted
228.21 	rental property must agree to
228.22 	participate in the applicable federally
228.23 	assisted housing program and to extend
228.24 	any existing low-income affordability
228.25 	restrictions on the housing for the
228.26 	maximum term permitted.  The owner must
228.27 	also enter into an agreement that gives
228.28 	local units of government, housing and
228.29 	redevelopment authorities, and
228.30 	nonprofit housing organizations the
228.31 	right of first refusal if the rental
228.32 	property is offered for sale.  Priority
228.33 	must be given among comparable
228.34 	federally assisted rental properties to
228.35 	properties with the longest remaining
228.36 	term under an agreement for federal
228.37 	rental assistance.  Priority must also
228.38 	be given among comparable rental
228.39 	housing developments to developments
228.40 	that are or will be owned by local
228.41 	government units, a housing and
228.42 	redevelopment authority, or a nonprofit
228.43 	housing organization.
228.44 		Subd. 8.Housing Rehabilitation
228.45 	and Accessibility
228.46 	$2,654,000 the first year and
228.47 	$2,654,000 the second year are for the
228.48 	housing rehabilitation and
228.49 	accessibility program under Minnesota
228.50 	Statutes, section 462A.05, subdivisions
228.51 	14a and 15a.  The budget base for the
228.52 	housing rehabilitation and
228.53 	accessibility program shall be
228.54 	$3,972,000 in fiscal year 2008 and
228.55 	$3,972,000 in fiscal year 2009.
228.56 		Subd. 9.Home Ownership Education,
228.57 	Counseling, and Training
228.58 	770,000        770,000
228.59 	For the home ownership education,
228.60 	counseling, and training program under
228.61 	Minnesota Statutes, section 462A.209.
228.62 		Subd. 10.Capacity Building
228.63 	Grants
229.1 	$250,000 the first year and $250,000
229.2 	the second year are for nonprofit
229.3 	capacity building grants under
229.4 	Minnesota Statutes, section 462A.21,
229.5 	subdivision 3b.

229.6 	Sec. 6. EXPLORE MINNESOTA
229.7 	TOURISM                                8,701,000      9,701,000
 229.8 	To develop maximum private sector
229.9 	involvement in tourism, $4,000,000 each
229.10 	year must be matched by Explore
229.11 	Minnesota tourism from nonstate
229.12 	sources.  Up to one-half of the total
229.13 	match requirement may include in-kind
229.14 	contributions.  Cash match is defined
229.15 	as revenue to the state or documented
229.16 	case expenditures directly expended to
229.17 	support Explore Minnesota tourism
229.18 	programs.
229.19 	In the second year, for every dollar
229.20 	generated from nonstate sources in the
229.21 	previous year in excess of $4,000,000,
229.22 	an amount of up to $1,000,000 is
229.23 	appropriated from the general fund to
229.24 	Explore Minnesota tourism for marketing
229.25 	purposes.  This incentive is ongoing.
229.26 	In order to maximize marketing grant
229.27 	benefits, the director must give
229.28 	priority for organizational partnership
229.29 	marketing grants to organizations with
229.30 	year-round sustained tourism
229.31 	activities.  For programs and projects
229.32 	submitted, the director must give
229.33 	priority to those that encompass two or
229.34 	more areas or that attract nonresident
229.35 	travelers to the state.
229.36 	Funding for the marketing grants is
229.37 	available either year of the biennium.
229.38 	Unexpended grant funds from the first
229.39 	year are available in the second year.
229.40 	The director may use grant dollars or
229.41 	the value of in-kind services to
229.42 	provide the state contribution for the
229.43 	partnership grant program.
229.44 	Any unexpended money from the general
229.45 	fund appropriations made under this
229.46 	section does not cancel but must be
229.47 	placed in a special marketing account
229.48 	for use by Explore Minnesota tourism
229.49 	for additional marketing activities.
229.50 	Of this amount, $50,000 the first year
229.51 	from the base is for a onetime grant to
229.52 	the Mississippi River Parkway
229.53 	Commission to support the increased
229.54 	promotion of tourism along the Great
229.55 	River Road.  This appropriation is
229.56 	available until June 30, 2007.
229.57 	$250,000 the first year and $250,000
229.58 	the second year are for the Minnesota
229.59 	Film Board.  The appropriation in each
229.60 	year is available only upon receipt by
229.61 	the board of $1 in matching
229.62 	contributions of money or in-kind from
230.1 	nonstate sources for every $3 provided
230.2 	by this appropriation.
230.3 	Of this amount, $60,000 the first year
230.4 	is for a onetime grant to the city of
230.5 	Winona for the Great River Shakespeare
230.6 	Festival.  The funds must be used to
230.7 	promote and market the Great River
230.8 	Shakespeare Festival.  To develop
230.9 	maximum private sector involvement in
230.10 	marketing the festival, $60,000 must be
230.11 	matched by nonstate sources.

230.12 	Sec. 7. LABOR AND INDUSTRY
 230.13 		Subdivision 1.Total
230.14 	Appropriation                         22,919,000     22,919,000
230.15 	Summary by Fund
230.16 	General               2,872,000     2,872,000
230.17 	Workers'
230.18 	Compensation         19,297,000    19,297,000
230.19 	Workforce
230.20 	Development             750,000       750,000
230.21 	The amounts that may be spent from this
230.22 	appropriation for each program are
230.23 	specified in the following subdivisions.
230.24 		Subd. 2.Workers' Compensation
230.25 	10,371,000     10,371,000
230.26 	This appropriation is from the workers'
230.27 	compensation fund.
230.28 	Up to $150,000 the first year and up to
230.29 	$150,000 the second year are for grants
230.30 	to the Vinland Center for
230.31 	rehabilitation services.  The grants
230.32 	shall be distributed as the department
230.33 	refers injured workers to the Vinland
230.34 	Center to receive rehabilitation
230.35 	services.
230.36 		Subd. 3.Workplace Services
230.37 	7,261,000      7,261,000
230.38 	Summary by Fund
230.39 	General               2,872,000     2,872,000
230.40 	Workers'
230.41 	Compensation          3,639,000     3,639,000
230.42 	Workforce
230.43 	Development             750,000       750,000
230.44 	$650,000 each year is from the
230.45 	workforce development fund for the
230.46 	apprenticeship program under Minnesota
230.47 	Statutes, chapter 178.
230.48 	$100,000 the first year and $100,000
230.49 	the second year are for labor education
230.50 	and advancement program grants.  This
230.51 	appropriation is from the workforce
231.1 	development fund.
231.2 	The annual license fees authorized
231.3 	under Minnesota Statutes, section
231.4 	326.48, and detailed in Minnesota
231.5 	Rules, part 5230.0100, subpart 3, shall
231.6 	increase $20 for a journeyman
231.7 	high-pressure piping pipefitter
231.8 	license, $20 for a high-pressure piping
231.9 	contracting pipefitter, $10 for an
231.10 	inactive license, and $100 for a
231.11 	high-pressure pipefitting business
231.12 	license.
231.13 	The permit filing and inspection fees
231.14 	authorized under Minnesota Statutes,
231.15 	section 326.47, and detailed in
231.16 	Minnesota Rules, part 5230.0100,
231.17 	subpart 4, shall be increased as
231.18 	follows:  the filing of a permit
231.19 	application shall be increased $50, the
231.20 	minimum high-pressure piping inspection
231.21 	fee shall be increased $50, and the
231.22 	schedule of inspection fee rates shall
231.23 	be increased by ten percent.
231.24 		Subd. 4.General Support
231.25 	5,287,000      5,287,000
231.26 	This appropriation is from the workers'
231.27 	compensation fund.
231.28 	The commissioner of labor and industry
231.29 	shall report to the 2006 legislature on
231.30 	the safety and education program for
231.31 	Minnesota loggers under Minnesota
231.32 	Statutes, section 176.130.

231.33 	Sec. 8. BUREAU OF MEDIATION SERVICES
 231.34 		Subdivision 1.Total
231.35 	Appropriation                          1,773,000      1,773,000
231.36 	The amounts that may be spent from this
231.37 	appropriation for each program are
231.38 	specified in the following subdivisions.
231.39 		Subd. 2.Mediation Services
231.40 	1,673,000      1,673,000
231.41 		Subd. 3.Labor Management
231.42 	Cooperation Grants
231.43 	100,000        100,000
231.44 	$100,000 each year is for onetime
231.45 	grants to area labor-management
231.46 	committees.  Grants may be awarded for
231.47 	a 12-month period beginning July 1 of
231.48 	each year.  Any unencumbered balance
231.49 	remaining at the end of the first year
231.50 	does not cancel but is available for
231.51 	the second year.

231.52 	Sec. 9. WORKERS' COMPENSATION
231.53 	COURT OF APPEALS                       1,618,000      1,618,000
 231.54 	This appropriation is from the workers'
231.55 	compensation fund.

232.1 	Sec. 10. MINNESOTA HISTORICAL
232.2 	SOCIETY
 232.3 		Subdivision 1.Total
232.4 	Appropriation                         23,317,000     23,133,000
232.5 	The amounts that may be spent from this
232.6 	appropriation for each program are
232.7 	specified in the following subdivisions.
232.8 		Subd. 2.Education and
232.9 	Outreach
232.10 	13,191,000     13,191,000
232.11 	Of this amount, $60,000 each year is to
232.12 	offset the revenue loss from not
232.13 	charging fees for general tours at the
232.14 	Capitol.  Notwithstanding Minnesota
232.15 	Statutes, section 138.668, the
232.16 	Minnesota Historical Society may not
232.17 	charge a fee for its general tours at
232.18 	the Capitol, but may charge fees for
232.19 	special programs other than general
232.20 	tours.  This appropriation is part of
232.21 	the society's budget base.
232.22 	$700,000 the first year and $700,000
232.23 	the second year are to operate historic
232.24 	sites including:  Kelley Farm, Hill
232.25 	House, Lower Sioux Agency, Fort
232.26 	Ridgely, Historic Forestville, the
232.27 	Forest History Center, and the Comstock
232.28 	House.  In order to maximize public
232.29 	access to historic sites, the Minnesota
232.30 	Historical Society shall work with
232.31 	interested communities or individuals
232.32 	who are willing to provide financial or
232.33 	in-kind support for site operations.
232.34 	This appropriation is part of the
232.35 	Minnesota Historical Society's base
232.36 	budget.  This paragraph is effective
232.37 	the day following final enactment.
232.38 	$50,000 the first year and $50,000 the
232.39 	second year are to assist the Minnesota
232.40 	Sesquicentennial Commission for
232.41 	planning and support of its mission.
232.42 	This is a onetime appropriation and is
232.43 	available until January 30, 2009.
232.44 		Subd. 3.Preservation and Access
232.45 	9,772,000      9,772,000
232.46 		Subd. 4.Fiscal Agent
232.47 	354,000        170,000
232.48 	(a) Minnesota International Center
232.49 	43,000         42,000
232.50 	(b) Minnesota Air National
232.51 	Guard Museum
232.52 	16,000          -0-
232.53 	(c) Minnesota Military Museum
232.54 	67,000          -0-
233.1 	(d) Farmamerica
233.2 	128,000        128,000
233.3 	Notwithstanding any other law, this
233.4 	appropriation may be used for
233.5 	operations.
233.6 	(e) $100,000 is appropriated from the
233.7 	general fund to the Minnesota
233.8 	Historical Society for a onetime grant
233.9 	to Otter Tail County for the redesign,
233.10 	furnishing, and equipping of a Veterans
233.11 	Museum in Perham.  This appropriation
233.12 	is available until spent.
233.13 	(f) Balances Forward
233.14 	Any unencumbered balance remaining in
233.15 	this subdivision the first year does
233.16 	not cancel but is available for the
233.17 	second year of the biennium.
233.18 		Subd. 5.Fund Transfer
233.19 	The Minnesota Historical Society may
233.20 	reallocate funds appropriated in and
233.21 	between subdivisions 2 and 3 for any
233.22 	program purposes.

233.23 	Sec. 11. BOARD OF THE ARTS
 233.24 		Subdivision 1.Total
233.25 	Appropriation                          8,593,000      8,593,000
233.26 	If the appropriation for either year is
233.27 	insufficient, the appropriation for the
233.28 	other year is available.
233.29 		Subd. 2.Operations and Services
233.30 	404,000        404,000
233.31 		Subd. 3.Grants Programs
233.32 	5,767,000      5,767,000
233.33 		Subd. 4.Regional Arts
233.34 	Councils
233.35 	2,422,000      2,422,000

233.36 	Sec. 12. BOARD OF
233.37 	ACCOUNTANCY                              487,000        487,000
 233.38 	Effective the day following final
233.39 	enactment and no later than June 30,
233.40 	2006, the Board of Accountancy shall
233.41 	combine its administrative functions
233.42 	with those of the Board of
233.43 	Architecture, Engineering, Land
233.44 	Surveying, Landscape Architecture,
233.45 	Geoscience, and Interior Design.  Both
233.46 	appointed boards shall remain intact,
233.47 	and both shall maintain their status as
233.48 	separate state boards.

233.49 	Sec. 13. BOARD OF ARCHITECTURE,
233.50 	ENGINEERING, LAND SURVEYING,
233.51 	LANDSCAPE ARCHITECTURE, GEOSCIENCE,
233.52 	AND INTERIOR DESIGN                      785,000        785,000

234.1 	Sec. 14. BOARD OF BARBER
234.2 	AND COSMETOLOGISTS EXAMINERS             699,000        699,000

234.3 	Sec. 15. PUBLIC UTILITIES
234.4 	COMMISSION                             4,163,000      4,163,000

234.5 	Sec. 16. BOARD OF ELECTRICITY
 234.6 	On or before June 30, 2006, the board
234.7 	shall transfer $4,000,000 from the
234.8 	special revenue fund to the general
234.9 	fund.

234.10 	Sec. 17. FUND TRANSFER.
 234.11 	By June 30, 2007, the commissioner of the Pollution Control
234.12 	Agency shall transfer $4,000,000 from the metropolitan landfill
234.13 	contingency action trust account within the remediation fund to
234.14 	the commissioner of finance for transfer to the renewable
234.15 	development account, under Minnesota Statutes, section
234.16 	116C.779.  This is a onetime transfer from the metropolitan
234.17 	landfill contingency action trust account to the renewable
234.18 	development account.  It is the intent of the legislature to
234.19 	restore these funds to the metropolitan landfill contingency
234.20 	action trust account as revenues become available in the future
234.21 	to ensure the state meets future financial obligations under
234.22 	Minnesota Statutes, section 473.845.  The funds provided for in
234.23 	this transfer may only be used to make the incentive payments
234.24 	for wind energy conversion systems authorized under Minnesota
234.25 	Statutes, section 116C.779, subdivision 2.

234.26 	EFFECTIVE DATE. This section is effective the day
234.27 	following final enactment.

234.28 	ARTICLE 4
234.29 	JOBS AND ECONOMIC DEVELOPMENT
234.30 	POLICY PROVISIONS

234.31 	Section 1. Minnesota Statutes 2004, section 3.303, is
234.32 	amended by adding a subdivision to read:
234.33 		Subd. 7.Economic status of women. The commission shall
234.34 	study and report to the legislature on all matters relating to
234.35 	the economic status of women in Minnesota, including:
234.36 	(1) the contributions of women to the economy;
234.37 	(2) economic security of homemakers and women in the labor
234.38 	force;
235.1 	(3) opportunities for education and vocational training;
235.2 	(4) employment opportunities;
235.3 	(5) women's access to benefits and services provided to
235.4 	citizens of this state; and 
235.5 	(6) laws and business practices constituting barriers to
235.6 	the full participation by women in the economy.
235.7 	The commission shall also study the adequacy of programs and
235.8 	services relating to families in Minnesota.  The commission
235.9 	shall communicate its findings and make recommendations to the
235.10 	legislature on an ongoing basis.

235.11 	Sec. 2. Minnesota Statutes 2004, section 41A.09,
235.12 	subdivision 2a, is amended to read:
235.13 		Subd. 2a.Definitions.  For the purposes of this section,
235.14 	the terms defined in this subdivision have the meanings given
235.15 	them.
235.16 	(a) "Ethanol" means fermentation ethyl alcohol derived from
235.17 	agricultural products, including potatoes, cereal grains, cheese
235.18 	whey, and sugar beets; forest products; or other renewable
235.19 	resources, including residue and waste generated from the
235.20 	production, processing, and marketing of agricultural products,
235.21 	forest products, and other renewable resources, that:
235.22 	(1) meets all of the specifications in ASTM specification
235.23 	D4806-01 D4806-04a; and
235.24 	(2) is denatured as specified in Code of Federal
235.25 	Regulations, title 27, parts 20 and 21.
235.26 	(b) "Ethanol plant" means a plant at which ethanol is
235.27 	produced.
235.28 	(c) "Commissioner" means the commissioner of agriculture.

235.29 	Sec. 3. [45.22] LICENSE EDUCATION.
235.30 	The following fees must be paid to the commissioner:
235.31 	(1) initial course approval, $10 for each hour or fraction
235.32 	of one hour of education course approval sought.  Initial course
235.33 	approval expires on the last day of the 24th month after the
235.34 	course is approved;
235.35 	(2) renewal of course approval, $10 per course.  Renewal of
235.36 	course approval expires on the last day of the 24th month after
236.1 	the course is renewed;
236.2 	(3) initial coordinator approval, $100.  Initial
236.3 	coordinator approval expires on the last day of the 24th month
236.4 	after the coordinator is approved; and 
236.5 	(4) renewal of coordinator approval, $10.  Renewal of
236.6 	coordinator approval expires on the last day of the 24th month
236.7 	after the coordinator is renewed.

236.8 	Sec. 4. Minnesota Statutes 2004, section 60A.14,
236.9 	subdivision 1, is amended to read:
236.10 		Subdivision 1.Fees other than examination fees.  In
236.11 	addition to the fees and charges provided for examinations, the
236.12 	following fees must be paid to the commissioner for deposit in
236.13 	the general fund:
236.14 	(a) by township mutual fire insurance companies;
236.15 	(1) for filing certificate of incorporation $25 and
236.16 	amendments thereto, $10;
236.17 	(2) for filing annual statements, $15;
236.18 	(3) for each annual certificate of authority, $15;
236.19 	(4) for filing bylaws $25 and amendments thereto, $10;
236.20 	(b) by other domestic and foreign companies including
236.21 	fraternals and reciprocal exchanges;
236.22 	(1) for filing an application for an initial certification
236.23 	of authority to be admitted to transact business in this state,
236.24 	$1,500;
236.25 	(2) for filing certified copy of certificate of articles of
236.26 	incorporation, $100;
236.27 	(2) (3) for filing annual statement, $225;
236.28 	(3) (4) for filing certified copy of amendment to
236.29 	certificate or articles of incorporation, $100;
236.30 	(4) (5) for filing bylaws, $75 or amendments thereto, $75;
236.31 	(5) (6) for each company's certificate of authority, $575,
236.32 	annually;
236.33 	(c) the following general fees apply:
236.34 	(1) for each certificate, including certified copy of
236.35 	certificate of authority, renewal, valuation of life policies,
236.36 	corporate condition or qualification, $25;
237.1 	(2) for each copy of paper on file in the commissioner's
237.2 	office 50 cents per page, and $2.50 for certifying the same;
237.3 	(3) for license to procure insurance in unadmitted foreign
237.4 	companies, $575;
237.5 	(4) for valuing the policies of life insurance companies,
237.6 	one cent per $1,000 of insurance so valued, provided that the
237.7 	fee shall not exceed $13,000 per year for any company.  The
237.8 	commissioner may, in lieu of a valuation of the policies of any
237.9 	foreign life insurance company admitted, or applying for
237.10 	admission, to do business in this state, accept a certificate of
237.11 	valuation from the company's own actuary or from the
237.12 	commissioner of insurance of the state or territory in which the
237.13 	company is domiciled;
237.14 	(5) for receiving and filing certificates of policies by
237.15 	the company's actuary, or by the commissioner of insurance of
237.16 	any other state or territory, $50;
237.17 	(6) for each appointment of an agent filed with the
237.18 	commissioner, $10;
237.19 	(7) for filing forms and rates, $75 per filing, which may
237.20 	be paid on a quarterly basis in response to an invoice.  Billing
237.21 	and payment may be made electronically;
237.22 	(8) for annual renewal of surplus lines insurer license,
237.23 	$300;
237.24 	(9) $250 filing fee for a large risk alternative rating
237.25 	option plan that meets the $250,000 threshold requirement.
237.26 	The commissioner shall adopt rules to define filings that
237.27 	are subject to a fee.

237.28 	Sec. 5. Minnesota Statutes 2004, section 60K.55,
237.29 	subdivision 2, is amended to read:
237.30 		Subd. 2.Licensing fees.  (a) In addition to fees
237.31 	provided for examinations, each insurance producer licensed
237.32 	under this chapter shall pay to the commissioner a fee of:
237.33 	(1) $40 $50 for an initial life, accident and health,
237.34 	property, or casualty license issued to an individual insurance
237.35 	producer, and a fee of $40 $50 for each renewal;
237.36 	(2) $75 $50 for an initial variable life and variable
238.1 	annuity license issued to an individual insurance producer, and
238.2 	a fee of $50 for each renewal;
238.3 	(3) $80 $50 for an initial personal lines license issued to
238.4 	an individual insurance producer, and a fee of $80 $50 for each
238.5 	renewal;
238.6 	(4) $80 $50 for an initial limited lines license issued to
238.7 	an individual insurance producer, and a fee of $80 $50 for each
238.8 	renewal;
238.9 	(5) $200 for an initial license issued to a business
238.10 	entity, and a fee of $150 $200 for each renewal; and
238.11 	(6) $500 for an initial surplus lines license, and a fee of
238.12 	$500 for each renewal.
238.13 	(b) Initial licenses issued under this chapter are valid
238.14 	for a period not to exceed 24 months and expire on October 31 of
238.15 	the renewal year assigned by the commissioner.  Each renewal
238.16 	insurance producer license is valid for a period of 24 months.
238.17 	Licensees who submit renewal applications postmarked or
238.18 	delivered on or before October 15 of the renewal year may
238.19 	continue to transact business whether or not the renewal license
238.20 	has been received by November 1.  Licensees who submit
238.21 	applications postmarked or delivered after October 15 of the
238.22 	renewal year must not transact business after the expiration
238.23 	date of the license until the renewal license has been received.
238.24 	(c) All fees are nonreturnable, except that an overpayment
238.25 	of any fee may be refunded upon proper application.

238.26 	Sec. 6. Minnesota Statutes 2004, section 72B.04,
238.27 	subdivision 10, is amended to read:
238.28 		Subd. 10.Fees.  A fee of $80 $50 is imposed for each
238.29 	initial license or temporary permit and $80 $50 for each renewal
238.30 	thereof or amendment thereto.  A fee of $20 is imposed for the
238.31 	registration of each nonlicensed adjuster who is required to
238.32 	register under section 72B.06.  All fees shall be transmitted to
238.33 	the commissioner and shall be payable to the Department of
238.34 	Commerce.

238.35 	Sec. 7. Minnesota Statutes 2004, section 82B.05,
238.36 	subdivision 1, is amended to read:
239.1 		Subdivision 1.Members.  The Real Estate Appraiser
239.2 	Advisory Board consists of 15 members appointed by the
239.3 	commissioner of commerce.  Three of the members must be public
239.4 	members, four must be consumers of appraisal services, and eight
239.5 	must be real estate appraisers of whom not less than two members
239.6 	shall be registered real property appraisers, licensed real
239.7 	property appraisers, or certified residential real property
239.8 	appraisers and ,not less than two members shall be certified
239.9 	general real property appraisers, and not less than one member
239.10 	shall be certified by the Appraisal Qualification Board of the
239.11 	Appraisal Foundation to teach the Uniform Standards of
239.12 	Professional Appraisal Practice.  The board is governed by
239.13 	section 15.0575.

239.14 	Sec. 8. Minnesota Statutes 2004, section 82B.05,
239.15 	subdivision 5, is amended to read:
239.16 		Subd. 5.Conduct of meetings.  Places of regular board
239.17 	meetings must be decided by the vote of members.  Written notice
239.18 	must be given to each member of the time and place of each
239.19 	meeting of the board at least ten days before the scheduled date
239.20 	of regular board meetings.  The board shall establish procedures
239.21 	for emergency board meetings and other operational procedures,
239.22 	subject to the approval of the commissioner.
239.23 	The members of the board shall elect a chair from among the
239.24 	members to preside at board meetings.
239.25 	A quorum of the board is eight members.
239.26 	The board shall meet at least once every six months as
239.27 	determined by a majority vote of the members or a call of the
239.28 	commissioner.

239.29 	Sec. 9. Minnesota Statutes 2004, section 82B.09,
239.30 	subdivision 1, is amended to read:
239.31 		Subdivision 1.Amounts.  The following fees must be paid
239.32 	to the commissioner:
239.33 	(1) $150 for each initial individual real estate
239.34 	appraiser's license:  $150 if the license expires more than 12
239.35 	months after issuance, $100 if the license expires less than 12
239.36 	months after issuance; and a fee of 
240.1 	(2) $100 for each renewal.

240.2 	Sec. 10. Minnesota Statutes 2004, section 115C.07,
240.3 	subdivision 3, is amended to read:
240.4 		Subd. 3.Rules.  (a) The board shall adopt rules
240.5 	regarding its practices and procedures, the form and procedure
240.6 	for applications for compensation from the fund, procedures for
240.7 	investigation of claims and specifying the costs that are
240.8 	eligible for reimbursement from the fund.
240.9 	(b) The board may adopt rules requiring certification of
240.10 	environmental consultants.
240.11 	(c) The board may adopt other rules necessary to implement
240.12 	this chapter.
240.13 	(d) The board may use section 14.389 to adopt rules
240.14 	specifying the competitive bidding requirements for consultant
240.15 	services proposals.
240.16 	(e) The board may use section 14.389 to adopt rules
240.17 	specifying the written proposal and invoice requirements for
240.18 	consultant services.

240.19 	Sec. 11. Minnesota Statutes 2004, section 115C.09,
240.20 	subdivision 3h, is amended to read:
240.21 		Subd. 3h.Reimbursement; aboveground tanks in bulk
240.22 	plants.  (a) As used in this subdivision, "bulk plant" means an
240.23 	aboveground or underground tank facility with a storage capacity
240.24 	of more than 1,100 gallons but less than 1,000,000 gallons that
240.25 	is used to dispense petroleum into cargo tanks for
240.26 	transportation and sale at another location.
240.27 	(b) Notwithstanding any other provision in this chapter and
240.28 	any rules adopted pursuant to this chapter, the board shall
240.29 	reimburse 90 percent of an applicant's cost for bulk plant
240.30 	upgrades or closures completed between June 1, 1998, and
240.31 	November 1, 2003, to comply with Minnesota Rules, chapter 7151,
240.32 	provided that the board determines the costs were incurred and
240.33 	reasonable.  The reimbursement may not exceed $10,000 per bulk
240.34 	plant. The board may provide reimbursement under this paragraph
240.35 	for work completed after November 1, 2003, if the work was
240.36 	contracted for prior to that date and was not completed by that
241.1 	date as a result of an unanticipated situation, provided that an
241.2 	application for reimbursement under this paragraph, which may be
241.3 	a renewal of an application previously denied, is submitted
241.4 	prior to December 31, 2005.
241.5 	(c) For corrective action at a bulk plant located on what
241.6 	is or was railroad right-of-way, the board shall reimburse 90
241.7 	percent of total reimbursable costs on the first $40,000 of
241.8 	reimbursable costs and 100 percent of any remaining reimbursable
241.9 	costs when the applicant can document that more than one bulk
241.10 	plant was operated on the same section of right-of-way, as
241.11 	determined by the commissioner of commerce.

241.12 	Sec. 12. Minnesota Statutes 2004, section 115C.09,
241.13 	subdivision 3j, is amended to read:
241.14 		Subd. 3j.Retail locations and transport vehicles.  (a)
241.15 	As used in this subdivision, "retail location" means a facility
241.16 	located in the metropolitan area as defined in section 473.121,
241.17 	subdivision 2, where gasoline is offered for sale to the general
241.18 	public for use in automobiles and trucks.  "Transport vehicle"
241.19 	means a liquid fuel cargo tank used to deliver gasoline into
241.20 	underground storage tanks during 2002 and 2003 at a retail
241.21 	location.
241.22 	(b) Notwithstanding any other provision in this chapter,
241.23 	and any rules adopted under this chapter, the board shall
241.24 	reimburse 90 percent of an applicant's cost for retrofits of
241.25 	retail locations and transport vehicles completed between
241.26 	January 1, 2001, and January 1, 2006, to comply with section
241.27 	116.49, subdivisions 3 and 4, provided that the board determines
241.28 	the costs were incurred and reasonable.  The reimbursement may
241.29 	not exceed $3,000 per retail location and $3,000 per transport
241.30 	vehicle.

241.31 	Sec. 13. Minnesota Statutes 2004, section 115C.13, is
241.32 	amended to read:
241.33 	115C.13 REPEALER.
241.34 	Sections 115C.01, 115C.02, 115C.021, 115C.03, 115C.04,
241.35 	115C.045, 115C.05, 115C.06, 115C.065, 115C.07, 115C.08, 115C.09,
241.36 	115C.093, 115C.094, 115C.10, 115C.11, 115C.111, 115C.112,
242.1 	115C.113, 115C.12, and 115C.13,are repealed effective June 30,
242.2 	2007 2012.

242.3 	Sec. 14. Minnesota Statutes 2004, section 116C.779,
242.4 	subdivision 2, is amended to read:
242.5 		Subd. 2.Renewable energy production incentive.  (a)
242.6 	Until January 1, 2018, up to $6,000,000 $10,900,000 annually
242.7 	must be allocated from available funds in the account to fund
242.8 	renewable energy production incentives. $4,500,000 $9,400,000 
242.9 	of this annual amount is for incentives for up to 100 200 
242.10 	megawatts of electricity generated by wind energy conversion
242.11 	systems that are eligible for the incentives under section
242.12 	216C.41.  The balance of this amount, up to $1,500,000 annually,
242.13 	may be used for production incentives for on-farm biogas
242.14 	recovery facilities that are eligible for the incentive under
242.15 	section 216C.41 or for production incentives for other
242.16 	renewables, to be provided in the same manner as under section
242.17 	216C.41.  Any portion of the $6,000,000 $10,900,000 not expended
242.18 	in any calendar year for the incentive is available for other
242.19 	spending purposes under this section.  This subdivision does not
242.20 	create an obligation to contribute funds to the account.
242.21 	(b) The Department of Commerce shall determine eligibility
242.22 	of projects under section 216C.41 for the purposes of this
242.23 	subdivision.  At least quarterly, the Department of Commerce
242.24 	shall notify the public utility of the name and address of each
242.25 	eligible project owner and the amount due to each project under
242.26 	section 216C.41.  The public utility shall make payments within
242.27 	15 working days after receipt of notification of payments due.

242.28 	Sec. 15. Minnesota Statutes 2004, section 116J.551,
242.29 	subdivision 1, is amended to read:
242.30 		Subdivision 1.Grant account.  A contaminated site
242.31 	cleanup and development grant account is created in the general
242.32 	fund.  Money in the account may be used, as appropriated by law,
242.33 	to make grants as provided in section 116J.554 and to pay for
242.34 	the commissioner's costs in reviewing applications and making
242.35 	grants. Notwithstanding section 16A.28, money appropriated to
242.36 	the account is available for four years.

243.1 	Sec. 16. Minnesota Statutes 2004, section 116J.571, is
243.2 	amended to read:
243.3 	116J.571 CREATION OF ACCOUNTS.
243.4 	Two greater Minnesota redevelopment accounts are created,
243.5 	one in the general fund and one in the bond proceeds fund.
243.6 	Money in the accounts may be used to make grants as provided in
243.7 	section 116J.575.  Money in the bond proceeds fund may only be
243.8 	used for eligible costs for publicly owned property.  Money in
243.9 	the general fund may be used and to pay for the commissioner's
243.10 	costs in reviewing the applications and making grants.

243.11 	Sec. 17. Minnesota Statutes 2004, section 116J.572, is
243.12 	amended to read:
243.13 	116J.572 DEFINITIONS.
243.14 		Subdivision 1.Scope of application. For purposes of
243.15 	sections 116J.571 to 116J.575, the terms in this section have
243.16 	the meanings given.
243.17 		Subd. 2.Development authority. "Development authority"
243.18 	includes a statutory or home rule charter city, county, housing
243.19 	and redevelopment authority, economic development authority, or
243.20 	port authority located outside .
243.21 		Subd. 2a.Metropolitan area. "Metropolitan area" means 
243.22 	the seven-county metropolitan area, as defined in section
243.23 	473.121, subdivision 2.
243.24 		Subd. 2b.Municipality. "Municipality" means the
243.25 	statutory or home rule charter city, town, or, in the case of
243.26 	unorganized territory, county in which the redevelopment is
243.27 	located.
243.28 		Subd. 3.eligible redevelopment costs or costs.
 243.29 	" Eligible Redevelopment costs" or "costs" means the costs of
243.30 	land acquisition, stabilizing unstable soils when infill is
243.31 	required, demolition, infrastructure improvements, and ponding
243.32 	or other environmental infrastructure; building construction,
243.33 	design and engineering;and costs necessary for adaptive reuse
243.34 	of buildings, including remedial activities. Eligible costs do
243.35 	not include project administration and legal fees.
243.36 		Subd. 4.Redevelopment. "Redevelopment" means recycling
244.1 	obsolete, abandoned, or underutilized properties for new
244.2 	industrial, commercial, or residential uses.

244.3 	Sec. 18. Minnesota Statutes 2004, section 116J.574, is
244.4 	amended to read:
244.5 	116J.574 GRANT APPLICATIONS.
244.6 		Subdivision 1.Application required. To obtain a
244.7 	redevelopment grant, a development authority shall apply to the
244.8 	commissioner. The governing body of the municipality must
244.9 	approve the application by resolution.
244.10 		Subd. 2.Required content. The commissioner shall
244.11 	prescribe and provide the application form.  The application
244.12 	must include at least the following information:
244.13 	(1) identification of the site;
244.14 	(2) a redevelopment plan for the site;
244.15 	(3) a detailed budget estimate, including along with 
244.16 	necessary supporting evidence, of the total redevelopment costs
244.17 	for the site including the total eligible redevelopment costs;
244.18 	(3) a complete (4) an assessment of the development
244.19 	potential or likely use of the site after completion of the 
244.20 	redevelopment plan, including any specific commitments from
244.21 	third parties to construct improvements on the site;
244.22 	(4) a complete financing plan, including (5) the manner in
244.23 	which the development authority uses innovative financial
244.24 	partnerships between government, private for-profit, and
244.25 	nonprofit sectors municipality will meet the local match
244.26 	requirement; and
244.27 	(5) (6) any additional information or material that the
244.28 	commissioner prescribes.

244.29 	Sec. 19. Minnesota Statutes 2004, section 116J.575, as
244.30 	amended by Laws 2005, chapter 20, article 1, section 33, is
244.31 	amended to read:
244.32 	116J.575 [GRANTS.]
244.33 		Subdivision 1.Commissioner discretion. The commissioner
244.34 	may make a grant for up to 50 percent of the eligible costs of a
244.35 	project.  The determination of whether to make a grant for a
244.36 	site is within the discretion of the commissioner, subject to
245.1 	this section and sections 116J.571 to 116J.574 and available
245.2 	unencumbered money in the greater Minnesota redevelopment
245.3 	account.  Notwithstanding section 116J.573, if the commissioner
245.4 	determines that the applications for grants for projects in
245.5 	greater Minnesota are less than the amount of grant funds
245.6 	available, the commissioner may make grants for projects
245.7 	anywhere in Minnesota.  The commissioner's decisions and
245.8 	application of the priorities under this section are not subject
245.9 	to judicial review, except for abuse of discretion.
245.10 		Subd. 1a.Priorities. (a) If applications for grants
245.11 	exceed the available appropriations, grants shall be made for
245.12 	sites that, in the commissioner's judgment, provide the highest
245.13 	return in public benefits for the public costs incurred.
245.14 	"Public benefits" include job creation, bioscience development,
245.15 	environmental benefits to the state and region, efficient use of
245.16 	public transportation, efficient use of existing infrastructure,
245.17 	provision of affordable housing, multiuse development that
245.18 	constitutes community rebuilding rather than single-use
245.19 	development, crime reduction, blight reduction, community
245.20 	stabilization, and property tax base maintenance or
245.21 	improvement.  In making this judgment, the commissioner shall
245.22 	give priority to redevelopment projects with one or more of the
245.23 	following characteristics:
245.24 	(1) the need for redevelopment in conjunction with
245.25 	contamination remediation needs;
245.26 	(2) the redevelopment project meets current tax increment
245.27 	financing requirements for a redevelopment district and tax
245.28 	increments will contribute to the project;
245.29 	(3) the redevelopment potential within the municipality;
245.30 	(4) proximity to public transit if located in the
245.31 	metropolitan area; and 
245.32 	(5) multijurisdictional projects that take into account the
245.33 	need for affordable housing, transportation, and environmental
245.34 	impact.
245.35 	(b) The factors in paragraph (a) are not listed in a rank
245.36 	order of priority; rather, the commissioner may weigh each
246.1 	factor, depending upon the facts and circumstances, as the
246.2 	commissioner considers appropriate.
246.3 		Subd. 2.Application cycles. In making grants, the
246.4 	commissioner shall establish semiannual application deadlines in
246.5 	which grants will be authorized from all or part of the
246.6 	available money in the account.
246.7 		Subd. 3.Match required. In order to qualify for a grant
246.8 	under sections 116J.571 to 116J.575, the municipality must pay
246.9 	for at least one-half of the redevelopment costs as a local
246.10 	match from any money available to the municipality.

246.11 	Sec. 20. Minnesota Statutes 2004, section 116J.63,
246.12 	subdivision 2, is amended to read:
246.13 		Subd. 2.Fees. (a) Fees for reports, publications, or
246.14 	related publicity or promotional material are not subject to the
246.15 	rulemaking requirements of chapter 14 and are not subject to
246.16 	section 16A.1285.  The fees prescribed by the commissioner must
246.17 	be commensurate with the distribution objective of the
246.18 	department for the material produced or with the cost of
246.19 	furnishing the services. Except as described in paragraph (b),
246.20 	all fees for materials and services must be deposited in the
246.21 	general fund.
246.22 	(b) The commissioner may sell marketing materials at cost
246.23 	to economic development organizations and others in quantities
246.24 	that would not otherwise be available through general fund
246.25 	appropriations.  Funds received must be placed in a special
246.26 	revolving account and are appropriated to the commissioner to
246.27 	pay for the production of the materials.

246.28 	Sec. 21. Minnesota Statutes 2004, section 116J.8731,
246.29 	subdivision 5, is amended to read:
246.30 		Subd. 5.Grant limits.  A Minnesota investment fund grant
246.31 	may not be approved for an amount in excess of $1,000,000.  This
246.32 	limit covers all money paid to complete the same project,
246.33 	whether paid to one or more grant recipients and whether paid in
246.34 	one or more fiscal years. The portion A local community or
246.35 	recognized Indian tribal government may retain 20 percent, but
246.36 	not more than $100,000 of a Minnesota investment fund grant that
247.1 	exceeds $100,000 must be repaid to the state when it is repaid
247.2 	to the local community or recognized Indian tribal government by
247.3 	the person or entity to which it was loaned by the local
247.4 	community or Indian tribal government.  Money repaid to the
247.5 	state must be credited to a Minnesota investment revolving loan
247.6 	account in the state treasury.  Funds in the account are
247.7 	appropriated to the commissioner and must be used in the same
247.8 	manner as are funds appropriated to the Minnesota investment
247.9 	fund.  Funds repaid to the state through existing Minnesota
247.10 	investment fund agreements must be credited to the Minnesota
247.11 	investment revolving loan account effective July 1, 2003 2005.
247.12 	A grant or loan may not be made to a person or entity for the
247.13 	operation or expansion of a casino or a store which is used
247.14 	solely or principally for retail sales.  Persons or entities
247.15 	receiving grants or loans must pay each employee total
247.16 	compensation, including benefits not mandated by law, that on an
247.17 	annualized basis is equal to at least 110 percent of the federal
247.18 	poverty level for a family of four.

247.19 	Sec. 22. Minnesota Statutes 2004, section 116J.8747,
247.20 	subdivision 2, is amended to read:
247.21 		Subd. 2.Qualified job training program.  To qualify for
247.22 	grants under this section, a job training program must satisfy
247.23 	the following requirements:
247.24 	(1) the program must be operated by a nonprofit corporation
247.25 	that qualifies under section 501(c)(3) of the Internal Revenue
247.26 	Code;
247.27 	(2) the program must spend at least $15,000 per graduate of
247.28 	the program;
247.29 	(3) the program must provide education and training in:
247.30 	(i) basic skills, such as reading, writing, mathematics,
247.31 	and communications;
247.32 	(ii) thinking skills, such as reasoning, creative thinking,
247.33 	decision making, and problem solving; and
247.34 	(iii) personal qualities, such as responsibility,
247.35 	self-esteem, self-management, honesty, and integrity;
247.36 	(4) the program must provide income supplements, when
248.1 	needed, to participants for housing, counseling, tuition, and
248.2 	other basic needs;
248.3 	(5) the program's education and training course must last
248.4 	for an average of at least six months;
248.5 	(6) individuals served by the program must:
248.6 	(i) be 18 years of age or older;
248.7 	(ii) have federal adjusted gross income of no more than
248.8 	$11,000 per year in the two years calendar year immediately
248.9 	before entering the program;
248.10 	(iii) have assets of no more than $7,000, excluding the
248.11 	value of a homestead; and
248.12 	(iv) not have been claimed as a dependent on the federal
248.13 	tax return of another person in the previous taxable year; and
248.14 	(7) the program must be certified by the commissioner of
248.15 	employment and economic development as meeting the requirements
248.16 	of this subdivision.

248.17 	Sec. 23. Minnesota Statutes 2004, section 116J.994,
248.18 	subdivision 7, is amended to read:
248.19 		Subd. 7.Reports by recipients to grantors.  (a) A
248.20 	business subsidy grantor must monitor the progress by the
248.21 	recipient in achieving agreement goals.
248.22 	(b) A recipient must provide information regarding goals
248.23 	and results for two years after the benefit date or until the
248.24 	goals are met, whichever is later.  If the goals are not met,
248.25 	the recipient must continue to provide information on the
248.26 	subsidy until the subsidy is repaid.  The information must be
248.27 	filed on forms developed by the commissioner in cooperation with
248.28 	representatives of local government.  Copies of the completed
248.29 	forms must be sent to the local government agency that provided
248.30 	the subsidy or to the commissioner if the grantor is a state
248.31 	agency.  If the Iron Range Resources and Rehabilitation Board is
248.32 	the grantor, the copies must be sent to the board.  The report
248.33 	must include:
248.34 	(1) the type, public purpose, and amount of subsidies and
248.35 	type of district, if the subsidy is tax increment financing;
248.36 	(2) the hourly wage of each job created with separate bands
249.1 	of wages;
249.2 	(3) the sum of the hourly wages and cost of health
249.3 	insurance provided by the employer with separate bands of wages;
249.4 	(4) the date the job and wage goals will be reached;
249.5 	(5) a statement of goals identified in the subsidy
249.6 	agreement and an update on achievement of those goals;
249.7 	(6) the location of the recipient prior to receiving the
249.8 	business subsidy;
249.9 	(7) the number of employees who ceased to be employed by
249.10 	the recipient when the recipient relocated to become eligible
249.11 	for the business subsidy;
249.12 	(8) why the recipient did not complete the project outlined
249.13 	in the subsidy agreement at their previous location, if the
249.14 	recipient was previously located at another site in Minnesota;
249.15 	(8) (9) the name and address of the parent corporation of
249.16 	the recipient, if any;
249.17 	(9) (10) a list of all financial assistance by all grantors
249.18 	for the project; and
249.19 	(10) (11) other information the commissioner may request.
249.20 	A report must be filed no later than March 1 of each year for
249.21 	the previous year.  The local agency and the Iron Range
249.22 	Resources and Rehabilitation Board must forward copies of the
249.23 	reports received by recipients to the commissioner by April 1.
249.24 	(c) Financial assistance that is excluded from the
249.25 	definition of "business subsidy" by section 116J.993,
249.26 	subdivision 3, clauses (4), (5), (8), and (16), is subject to
249.27 	the reporting requirements of this subdivision, except that the
249.28 	report of the recipient must include instead:
249.29 	(1) the type, public purpose, and amount of the financial
249.30 	assistance, and type of district if the assistance is tax
249.31 	increment financing;
249.32 	(2) progress towards meeting goals stated in the assistance
249.33 	agreement and the public purpose of the assistance;
249.34 	(3) if the agreement includes job creation, the hourly wage
249.35 	of each job created with separate bands of wages;
249.36 	(4) if the agreement includes job creation, the sum of the
250.1 	hourly wages and cost of health insurance provided by the
250.2 	employer with separate bands of wages;
250.3 	(5) the location of the recipient prior to receiving the
250.4 	assistance; and
250.5 	(6) other information the grantor requests.
250.6 	(d) If the recipient does not submit its report, the local
250.7 	government agency must mail the recipient a warning within one
250.8 	week of the required filing date.  If, after 14 days of the
250.9 	postmarked date of the warning, the recipient fails to provide a
250.10 	report, the recipient must pay to the grantor a penalty of $100
250.11 	for each subsequent day until the report is filed.  The maximum
250.12 	penalty shall not exceed $1,000.

250.13 	Sec. 24. Minnesota Statutes 2004, section 116J.994,
250.14 	subdivision 9, is amended to read:
250.15 		Subd. 9.Compilation and summary report.  The Department
250.16 	of Employment and Economic Development must publish a
250.17 	compilation and summary of the results of the reports for the
250.18 	previous two calendar years by December 1 of 2004 and every
250.19 	other year thereafter.  The reports of the government agencies
250.20 	to the department and the compilation and summary report of the
250.21 	department must be made available to the public.
250.22 	The commissioner must coordinate the production of reports
250.23 	so that useful comparisons across time periods and across
250.24 	grantors can be made.  The commissioner may add other
250.25 	information to the report as the commissioner deems necessary to
250.26 	evaluate business subsidies.  Among the information in the
250.27 	summary and compilation report, the commissioner must include:
250.28 	(1) total amount of subsidies awarded in each development
250.29 	region of the state;
250.30 	(2) distribution of business subsidy amounts by size of the
250.31 	business subsidy;
250.32 	(3) distribution of business subsidy amounts by time
250.33 	category;
250.34 	(4) distribution of subsidies by type and by public
250.35 	purpose;
250.36 	(5) percent of all business subsidies that reached their
251.1 	goals;
251.2 	(6) percent of business subsidies that did not reach their
251.3 	goals by two years from the benefit date;
251.4 	(7) total dollar amount of business subsidies that did not
251.5 	meet their goals after two years from the benefit date;
251.6 	(8) percent of subsidies that did not meet their goals and
251.7 	that did not receive repayment;
251.8 	(9) list of recipients that have failed to meet the terms
251.9 	of a subsidy agreement in the past five years and have not
251.10 	satisfied their repayment obligations;
251.11 	(10) number of part-time and full-time jobs within separate
251.12 	bands of wages for the entire state and for each development
251.13 	region of the state; and 
251.14 	(11) benefits paid within separate bands of wages for the
251.15 	entire state and for each development region of the state; and 
251.16 	(12) number of employees in the entire state and in each
251.17 	development region of the state who ceased to be employed
251.18 	because their employers relocated to become eligible for a
251.19 	business subsidy.

251.20 	Sec. 25. Minnesota Statutes 2004, section 116L.03,
251.21 	subdivision 2, is amended to read:
251.22 		Subd. 2.Appointment.  The Minnesota Job Skills
251.23 	Partnership Board consists of:  seven members appointed by the
251.24 	governor, the chair of the governor's Workforce Development
251.25 	Council,the commissioner of employment and economic
251.26 	development, the chancellor, or the chancellor's designee, of
251.27 	the Minnesota State Colleges and Universities, the president, or
251.28 	the president's designee, of the University of Minnesota, and
251.29 	two nonlegislator members, one appointed by the Subcommittee on
251.30 	Committees of the senate Committee on Rules and Administration
251.31 	and one appointed by the speaker of the house.  If the
251.32 	chancellor or the president of the university makes a
251.33 	designation under this subdivision, the designee must have
251.34 	experience in technical education.  Four of the appointed
251.35 	members must be members of the governor's Workforce Development
251.36 	Council, of whom two must represent organized labor and two must
252.1 	represent business and industry.  One of the appointed members
252.2 	must be a representative of a nonprofit organization that
252.3 	provides workforce development or job training services.

252.4 	Sec. 26. Minnesota Statutes 2004, section 116L.05, is
252.5 	amended by adding a subdivision to read:
252.6 		Subd. 5.Use of workforce development funds. After March
252.7 	1 of any fiscal year, the board may use workforce development
252.8 	funds for the purposes outlined in sections 116L.04, 116L.06,
252.9 	and 116L.10 to 116L.14, or to provide incumbent worker training
252.10 	services under section 116L.18 if the following conditions have
252.11 	been met:
252.12 	(1) the board examines relevant economic indicators,
252.13 	including the projected number of layoffs for the remainder of
252.14 	the fiscal year and the next fiscal year, evidence of declining
252.15 	and expanding industries, the number of initial applications for
252.16 	and the number of exhaustions of unemployment benefits, job
252.17 	vacancy data, and any additional relevant information brought to
252.18 	the board's attention;
252.19 	(2) the board accounts for all allocations made in section
252.20 	116L.17, subdivision 2;
252.21 	(3) based on the past expenditures and projected revenue,
252.22 	the board estimates future funding needs for services under
252.23 	section 116L.17 for the remainder of the current fiscal year and
252.24 	the next fiscal year;
252.25 	(4) the board determines there will be unspent funds after
252.26 	meeting the needs of dislocated workers in the current fiscal
252.27 	year and there will be sufficient revenue to meet the needs of
252.28 	dislocated workers in the next fiscal year; and 
252.29 	(5) the board reports its findings in clauses (1) to (4) to
252.30 	the chairs of legislative committees with jurisdiction over the
252.31 	workforce development fund, to the commissioners of revenue and
252.32 	finance, and to the public.

252.33 	Sec. 27. [116L.18] SPECIAL INCUMBENT WORKER TRAINING
252.34 	GRANTS.
252.35 		Subdivision 1.Purpose. The purpose of the special
252.36 	incumbent worker training grants is to expand opportunities for
253.1 	businesses and workers to gain new skills that are in demand in
253.2 	the Minnesota economy.  The board shall establish criteria for
253.3 	incumbent worker grants under this section and may encourage
253.4 	creative training models, innovative partnerships, and expansion
253.5 	or replication of promising practices.
253.6 		Subd. 2.Definitions. (a) For the purposes of this
253.7 	section, the following terms have the meanings given them.
253.8 	(b) "Incumbent worker" means an individual employed by a
253.9 	qualifying employer.
253.10 	(c) "Qualifying employer" means a for-profit business or
253.11 	nonprofit organization in Minnesota with at least one full-time
253.12 	paid employee.  Public sector organizations are not considered
253.13 	qualifying employers.
253.14 	(d) "Eligible organization" has the meaning given in
253.15 	section 116L.17.
253.16 		Subd. 3.Amount of grants. A grant to an eligible
253.17 	organization may not exceed $400,000.
253.18 		Subd. 4.Matching funds. The board shall require
253.19 	matching funds from qualifying employers in the form of funding,
253.20 	equipment, or faculty.
253.21 		Subd. 5.Use of funds. Eligible organizations shall use
253.22 	funds granted under this section for direct training services to
253.23 	provide a measurable increase in the job-related skills of
253.24 	participating incumbent workers.  Eligible organizations may
253.25 	also provide basic assessment, counseling, and preemployment
253.26 	training services requested by the qualifying employer.  No
253.27 	funds may be used for support services as described in section
253.28 	116L.17, subdivision 4, clause (2).
253.29 		Subd. 6.Performance outcome measures. The board and the
253.30 	commissioner of employment and economic development shall
253.31 	jointly develop performance outcome measures and standards for
253.32 	this program.  The commissioner and board shall consult with
253.33 	eligible organizations in establishing standards.  Measures at a
253.34 	minimum must include posttraining retention, promotion, and wage
253.35 	increase.  The board and commissioner shall provide a report to
253.36 	the legislature by March 1 of each year on the previous fiscal
254.1 	year's program performance.  Eligible organizations must provide
254.2 	performance data in a timely manner for the completion of this
254.3 	report.

254.4 	Sec. 28. Minnesota Statutes 2004, section 116L.20,
254.5 	subdivision 1, is amended to read:
254.6 		Subdivision 1.Determination and collection of special
254.7 	assessment.  (a) In addition to amounts due from an employer
254.8 	under the Minnesota unemployment insurance program, each
254.9 	employer, except an employer making reimbursements is liable for
254.10 	a special assessment levied at the rate of seven-hundredths of
254.11 	one .10 percent per year for calendar years 2006 and 2007 on all
254.12 	taxable wages, as defined in section 268.035, subdivision
254.13 	24. Beginning January 1, 2008, the special assessment shall be
254.14 	levied at a rate of .085 percent per year on all taxable wages.
254.15 	The assessment shall become due and be paid by each employer on
254.16 	the same schedule and in the same manner as other amounts due
254.17 	from an employer under section 268.051, subdivision 1.
254.18 	(b) The special assessment levied under this section shall
254.19 	be subject to the same requirements and collection procedures as
254.20 	any amounts due from an employer under the Minnesota
254.21 	unemployment insurance program.
254.22 	
EFFECTIVE DATE. This section is effective January 1, 2006.

254.23 	Sec. 29. Minnesota Statutes 2004, section 116L.20,
254.24 	subdivision 2, is amended to read:
254.25 		Subd. 2.Disbursement of special assessment funds.  (a)
254.26 	The money collected under this section shall be deposited in the
254.27 	state treasury and credited to the workforce development fund to
254.28 	provide for employment and training programs.  The workforce
254.29 	development fund is created as a special account in the state
254.30 	treasury.
254.31 	(b) All money in the fund not otherwise appropriated or
254.32 	transferred is appropriated to the Job Skills Partnership Board
254.33 	for the purposes of section 116L.17and as provided for in
254.34 	paragraph (d).  The board must act as the fiscal agent for the
254.35 	money and must disburse that money for the purposes of section
254.36 	116L.17, not allowing the money to be used for any other
255.1 	obligation of the state.  All money in the workforce development
255.2 	fund shall be deposited, administered, and disbursed in the same
255.3 	manner and under the same conditions and requirements as are
255.4 	provided by law for the other special accounts in the state
255.5 	treasury, except that all interest or net income resulting from
255.6 	the investment or deposit of money in the fund shall accrue to
255.7 	the fund for the purposes of the fund.
255.8 	(c) Reimbursement for costs related to collection of the
255.9 	special assessment shall be in an amount negotiated between the
255.10 	commissioner and the United States Department of Labor.
255.11 	(d) If the board determines that the conditions of section
255.12 	116L.05, subdivision 5, have been met, the board may use funds
255.13 	for the purposes outlined in sections 116L.04, 116L.06, and
255.14 	116L.10 to 116L.14, or to provide incumbent worker training
255.15 	services under section 116L.18.

255.16 	Sec. 30. Minnesota Statutes 2004, section 116L.666,
255.17 	subdivision 4, is amended to read:
255.18 		Subd. 4.Purpose; duties of local workforce council.  The
255.19 	local workforce council is responsible for providing policy
255.20 	guidance for, and exercising oversight with respect to,
255.21 	activities conducted by local workforce centers in partnership
255.22 	with the local unit or units of general local government within
255.23 	the workforce service area and with the commissioner.
255.24 	A local workforce center is a location where federal,
255.25 	state, and local employment and training services are provided
255.26 	to job seekers and employers.
255.27 	A local workforce council, in accordance with an agreement
255.28 	or agreements with the appropriate chief elected official or
255.29 	officials and the commissioner, shall:
255.30 	(1) determine procedures for the development of the local
255.31 	workforce service area plan.  The procedures may provide for the
255.32 	preparation of all or any part of the plan:
255.33 	(i) by the council;
255.34 	(ii) by any unit of general local or state government in
255.35 	the workforce service area, or by an agency of that unit; or
255.36 	(iii) by any other methods or institutions as may be
256.1 	provided in the agreement;
256.2 	(2) select the recipients for local grants and an
256.3 	administrator of the local workforce service area plan.  These
256.4 	may be the same entity or separate entities and must be chosen
256.5 	from among the following:
256.6 	(i) the council;
256.7 	(ii) a unit of general local or state government in its
256.8 	workforce service area, or an agency of that unit;
256.9 	(iii) a nonprofit organization or corporation; or
256.10 	(iv) any other agreed upon entity;
256.11 	(3) jointly plan for local collaborative activities
256.12 	including the transition of public assistance recipients to
256.13 	employment in the public or private sectors;
256.14 	(4) provide on-site review and oversight of program
256.15 	performance;
256.16 	(5) establish local priorities for service and target
256.17 	populations;
256.18 	(6) ensure nonduplication of services and a unified service
256.19 	delivery system within the workforce service area; and 
256.20 	(7) ensure that local workforce centers provide meeting
256.21 	space, free of charge, for meetings of displaced homemaker
256.22 	programs, established under section 116L.96; and 
256.23 	(8) nominate individuals to the governor to consider for
256.24 	membership on the governor's Workforce Development Council.

256.25 	Sec. 31. Minnesota Statutes 2004, section 120A.40, is
256.26 	amended to read:
256.27 	120A.40 SCHOOL CALENDAR.
256.28 	(a) Except for learning programs during summer, flexible
256.29 	learning year programs authorized under sections 124D.12 to
256.30 	124D.127, and learning year programs under section 124D.128, a
256.31 	district must not commence an elementary or secondary school
256.32 	year before September 1 Labor Day, except as provided under
256.33 	paragraph (b).  Days devoted to teachers' workshops may be held
256.34 	before September 1 Labor Day.  Districts that enter into
256.35 	cooperative agreements are encouraged to adopt similar school
256.36 	calendars.
257.1 	(b) A district may begin the school year on any day before
257.2 	September 1 Labor Day to accommodate a construction or
257.3 	remodeling project of $400,000 or more affecting a district
257.4 	school facility. A school district that agrees to the same
257.5 	schedule with a school district in an adjoining state also may
257.6 	begin the school year before Labor Day as authorized under this
257.7 	paragraph.

257.8 	EFFECTIVE DATE. This section is effective August 1, 2006.

257.9 	Sec. 32. Minnesota Statutes 2004, section 129D.02,
257.10 	subdivision 3, is amended to read:
257.11 		Subd. 3.Compensation.  Members shall be compensated at
257.12 	the rate of $35 per day spent on board activities.  In addition,
257.13 	members shall receive reimbursement for expenses in the same
257.14 	manner and amount as state employees.  Employees of the state or
257.15 	its political subdivisions shall not be entitled to the per
257.16 	diem, but they shall suffer no loss in compensation or benefits
257.17 	as a result of service on the board.  Members not entitled to
257.18 	the per diem shall receive expenses as provided in this
257.19 	subdivision unless the expenses are reimbursed from another
257.20 	source as provided in section 15.0575, subdivision 3.

257.21 	Sec. 33. Minnesota Statutes 2004, section 161.1419,
257.22 	subdivision 2, is amended to read:
257.23 		Subd. 2.Members.  (a) The commission shall be composed
257.24 	of 15 members of whom:
257.25 	(1) one shall be appointed by the commissioner of
257.26 	transportation;
257.27 	(2) one shall be appointed by the commissioner of natural
257.28 	resources;
257.29 	(3) one shall be appointed by the commissioner of
257.30 	employment and economic development director of Explore
257.31 	Minnesota Tourism;
257.32 	(4) one shall be appointed by the commissioner of
257.33 	agriculture;
257.34 	(5) one shall be appointed by the director of the Minnesota
257.35 	Historical Society;
257.36 	(6) two shall be members of the senate to be appointed by
258.1 	the Committee on Committees;
258.2 	(7) two shall be members of the house of representatives to
258.3 	be appointed by the speaker;
258.4 	(8) one shall be the secretary appointed pursuant to
258.5 	subdivision 3; and
258.6 	(9) five shall be citizen members appointed by five citizen
258.7 	committees established by the members appointed under clauses
258.8 	(1) to (8), with each citizen committee established within and
258.9 	representing each of the following geographic segments along the
258.10 	Mississippi River:
258.11 	(i) Lake Itasca to but not including the city of Grand
258.12 	Rapids;
258.13 	(ii) Grand Rapids to but not including the city of
258.14 	Brainerd;
258.15 	(iii) Brainerd to but not including the city of Elk River;
258.16 	(iv) Elk River to but not including the city of Hastings;
258.17 	and
258.18 	(v) Hastings to the Iowa border.
258.19 	Each citizen committee member shall be a resident of the
258.20 	geographic segment that the committee and member represents.
258.21 	(b) The members of the commission shall serve for a term
258.22 	expiring at the close of each regular session of the legislature
258.23 	and until their successors are appointed.  Successor members
258.24 	shall be appointed by the same appointing authorities.  Members
258.25 	may be reappointed.  Any vacancy shall be filled by the
258.26 	appointing authority.  The commissioner of transportation, the
258.27 	commissioner of natural resources, and the director of the
258.28 	Minnesota Historical Society shall be ex officio members, and
258.29 	shall be in addition to the 15 members heretofore provided for.
258.30 	Immediately upon making the appointments to the commission the
258.31 	appointing authorities shall so notify the Mississippi River
258.32 	Parkway Commission, hereinafter called the National Commission,
258.33 	giving the names and addresses of the members so appointed.

258.34 	Sec. 34. Minnesota Statutes 2004, section 161.1419, is
258.35 	amended by adding a subdivision to read:
258.36 		Subd. 3a.Gifts, grants, and endowments. The commission
259.1 	may accept gifts of money, property, or services; may apply for
259.2 	and accept grants from the United States, the state, a
259.3 	subdivision of the state, or a person for any of its purposes;
259.4 	may enter into an agreement required in connection with it; and
259.5 	may hold, use, and dispose of the money, property, or services
259.6 	in accordance with the terms of the gift, grant, or agreement
259.7 	relating to it.  The commission may also make grants, gifts, and
259.8 	bequests of money, property, or services and enter into
259.9 	contracts to carry out the same.  The gift acceptance procedures
259.10 	of sections 16A.013 to 16A.016 do not apply to this section.
259.11 	
EFFECTIVE DATE. This section is effective the day
259.12 	following final enactment.

259.13 	Sec. 35. Minnesota Statutes 2004, section 169.733, is
259.14 	amended to read:
259.15 	169.733 WHEEL FLAPS ON TRUCK AND TRAILER.
259.16 		Subdivision 1.Vehicles generally. Every truck,
259.17 	truck-tractor, trailer, semitrailer, pole trailer, and rear-end
259.18 	dump truck, excepting rear-end dump farm trucks and military
259.19 	vehicles of the United States, shall , must be provided with
259.20 	wheel flaps or other suitable protection above and behind the
259.21 	rearmost wheels of the vehicle or combination of vehicles to
259.22 	prevent, as far as practicable, such the wheels from throwing
259.23 	dirt, water, or other materials on the windshields of following 
259.24 	vehicles which follow. Such The flaps or protectors shall 
259.25 	must be at least as wide as the tires they are protecting
259.26 	and shall have a ground clearance of not more than one-fifth of
259.27 	the horizontal distance from the center of the rearmost axle to
259.28 	the flap under any conditions of loading or operation of the
259.29 	motor nine inches from the ground when the vehicle is empty.
259.30 		Subd. 2.Vehicle with conveyor belt. For a dump truck or
259.31 	truck with a rigid box fastened to its frame and having a
259.32 	conveyor belt or chain in the bottom of the vehicle which that 
259.33 	moves the cargo to the rear end of the vehicle, the flaps shall 
259.34 	must be mounted as far to the rear of the vehicle as practicable
259.35 	and shall have a ground clearance of not more than 18 inches
259.36 	when the vehicle is loaded.
260.1 		Subd. 3.Bottom-dump vehicle. In addition to meeting the
260.2 	requirements of subdivision 1,a bottom-dump cargo vehicle
260.3 	transporting sand, gravel, aggregate, dirt, lime rock, silica,
260.4 	or similar material must be equipped with flaps that are mounted
260.5 	to the rear of the axles, cover the entire width of the vehicle,
260.6 	and a center flap between the wheel flaps, which must have a
260.7 	ground clearance of six inches or less when the vehicle is fully
260.8 	loaded.
260.9 		Subd. 4.Alternative requirements. If the motor vehicle
260.10 	is so designed and constructed that the above requirements are
260.11 	accomplished by means of body construction or other means of
260.12 	enclosure, then no such protectors or flaps shall be are 
260.13 	required.
260.14 		Subd. 5.Extended flaps. If the rear wheels are not
260.15 	covered at the top by fenders, body or other parts of the
260.16 	vehicle, the flap or other protective means shall must be
260.17 	extended at least to a point directly above the center of the
260.18 	rearmost axle.
260.19 		Subd. 6.Lamps or wiring. Lamps or wiring shall not be
260.20 	attached to fender flaps.

260.21 	Sec. 36. Minnesota Statutes 2004, section 169.824,
260.22 	subdivision 2, is amended to read:
260.23 		Subd. 2.Gross vehicle weight of all axles.  (a)
260.24 	Notwithstanding the provisions of section 169.85, the gross
260.25 	vehicle weight of all axles of a vehicle or combination of
260.26 	vehicles shall not exceed:
260.27 	(1) 80,000 pounds for any vehicle or combination of
260.28 	vehicles on all state trunk highways as defined in section
260.29 	160.02, subdivision 29, and for all routes designated under
260.30 	section 169.832, subdivision 11;
260.31 	(2) 88,000 pounds for any vehicle or combination of
260.32 	vehicles with six or more axles while exclusively engaged in
260.33 	hauling livestock on all state trunk highways other than
260.34 	interstate highways, if the vehicle has a permit under section
260.35 	169.86, subdivision 5, paragraph (k);
260.36 	(3) 73,280 pounds for any vehicle or combination of
261.1 	vehicles with five axles or less on all routes, other than state
261.2 	trunk highways and routes that are designated under section
261.3 	169.832, subdivision 11, except that a vehicle needing
261.4 	reasonable access to a terminal or facilities for food, fuel,
261.5 	repairs, and rest, located within three miles of a ten-ton
261.6 	route, may not exceed 80,000 pounds.  "Terminal" means any
261.7 	location where freight either originates, terminates, or is
261.8 	handled in the transportation process, or where commercial motor
261.9 	carriers maintain operating facilities; and
261.10 	(3) (4) 80,000 pounds for any vehicle or combination of
261.11 	vehicles with six or more axles on all routes, other than state
261.12 	trunk highways and routes that are designated under section
261.13 	169.832, subdivision 11.
261.14 	(b) The maximum weights specified in this section for five
261.15 	consecutive axles shall not apply to a four-axle ready-mix
261.16 	concrete truck which was equipped with a fifth axle prior to
261.17 	June 1, 1981.  The maximum gross weight on four or fewer
261.18 	consecutive axles of vehicles excepted by this clause shall not
261.19 	exceed any maximum weight specified for four or fewer
261.20 	consecutive axles in this section.
261.21 	
EFFECTIVE DATE. The language in paragraph (a), clause
261.22 	(2), is effective August 1, 2006.

261.23 	Sec. 37. Minnesota Statutes 2004, section 169.85,
261.24 	subdivision 1, is amended to read:
261.25 		Subdivision 1.Driver to stop for weighing.  (a) The
261.26 	driver of a vehicle that has been lawfully stopped may be
261.27 	required by an officer to submit the vehicle and load to a
261.28 	weighing by means of portable or stationary scales.
261.29 	(b) In addition, the officer may require that the vehicle
261.30 	be driven to the nearest available scales, but only if:
261.31 	(1) the distance to the scales is no further than five
261.32 	miles, or if the distance from the point where the vehicle is
261.33 	stopped to the vehicle's destination is not increased by more
261.34 	than ten miles as a result of proceeding to the nearest
261.35 	available scales; and
261.36 	(2) if the vehicle is a commercial motor vehicle, no more
262.1 	than two other commercial motor vehicles are waiting to be
262.2 	inspected at the scale.
262.3 	(c) Official traffic control devices as authorized by
262.4 	section 169.06 may be used to direct the driver to the nearest
262.5 	scale.
262.6 	(d) When a truck weight enforcement operation is conducted
262.7 	by means of portable or stationary scales and ,signs giving
262.8 	notice of the operation are must be posted within the highway
262.9 	right-of-way and adjacent to the roadway within two miles of the
262.10 	operation,.The driver of a truck or combination of vehicles
262.11 	registered for or weighing in excess of 12,000 pounds shall
262.12 	proceed to the scale site and submit the vehicle to weighing and
262.13 	inspection.

262.14 	Sec. 38. Minnesota Statutes 2004, section 169.85,
262.15 	subdivision 6, is amended to read:
262.16 		Subd. 6.Officer defined.  When used in this section, the
262.17 	word "officer" means a peace officer or member of the State
262.18 	Patrol,an employee of the Department of Public Safety described
262.19 	in section 299D.06, or a peace officer or person under the
262.20 	officer's direction and control employed by a local unit of
262.21 	government who is trained in weight enforcement by the
262.22 	Department of Public Safety.

262.23 	Sec. 39. [169.864] SPECIAL PAPER PRODUCTS VEHICLE
262.24 	PERMIT.
262.25 		Subdivision 1.Special paper products vehicle
262.26 	permit. The commissioner may issue a permit for a vehicle that
262.27 	meets the following requirements:
262.28 	(1) is a combination of vehicles, including a truck-tractor
262.29 	and a semi-trailer drawing one additional semitrailer, which may
262.30 	be equipped with an auxiliary dolly, and no semitrailer used in
262.31 	the three-vehicle combination has an overall length in excess of
262.32 	28-1/2 feet;
262.33 	(2) has a maximum gross vehicle weight of 108,000 pounds;
262.34 	(3) complies with the axle weight limits in section 169.824
262.35 	or with the federal bridge formula for axle groups not described
262.36 	in that section;
263.1 	(4) complies with the tire weight limits in section 169.823
263.2 	or the tire manufacturers' recommended load, whichever is less;
263.3 	(5) is operated only in this state on Trunk Highway marked
263.4 	2 between Grand Rapids and the port of Duluth; on Trunk Highway
263.5 	marked 169 between Grand Rapids and its junction with Trunk
263.6 	Highway marked 53; and on Trunk Highway marked 53 between
263.7 	Virginia and the port of Duluth; and 
263.8 	(6) the seasonal weight increases authorized under section
263.9 	169.826, subdivision 1, do not apply.
263.10 		Subd. 2.Two-unit vehicle. The commissioner may issue a
263.11 	permit for a vehicle that meets the following requirements:
263.12 	(1) is a combination of vehicles consisting of a
263.13 	truck-tractor and a single semitrailer that may exceed 48 feet,
263.14 	but not 53 feet, if the distance from the kingpin to the
263.15 	centerline of the rear axle group of the semitrailer does not
263.16 	exceed 43 feet;
263.17 	(2) has a maximum gross vehicle weight of 90,000 pounds;
263.18 	(3) has a maximum gross vehicle weight of 98,000 pounds
263.19 	during the time when seasonal weight increases authorized under
263.20 	section 169.826, subdivision 1, are in effect;
263.21 	(4) complies with the axle weight limits in section 169.824
263.22 	or with the federal bridge formula for axle groups not described
263.23 	in that section;
263.24 	(5) complies with the tire weight limits in section 169.823
263.25 	or the tire manufacturers' recommended load, whichever is less;
263.26 	and 
263.27 	(6) is operated only on the highways specified in
263.28 	subdivision 1, clause (5).
263.29 		Subd. 3.Restrictions. Vehicles issued permits under
263.30 	subdivisions 1 and 2 must comply with the following restrictions:
263.31 	(1) the vehicle must be operated in compliance with
263.32 	seasonal load restrictions under section 169.87;
263.33 	(2) the vehicle may not be operated on the interstate
263.34 	highway system; and 
263.35 	(3) the vehicle may be operated on streets or highways
263.36 	under the control of local authorities only upon the approval of
264.1 	the local authority; however, vehicles may have reasonable
264.2 	access to terminals and facilities for food, fuel, repairs, and
264.3 	rest and for continuity of route within one mile of the national
264.4 	network as provided by section 169.81, subdivision 3, and by
264.5 	Code of Federal Regulations, title 23, part 658.19.
264.6 		Subd. 4.Permit fee. Vehicle permits issued under
264.7 	subdivision 1, clause (1), must be annual permits.  The fee is
264.8 	$850 for each vehicle and must be deposited in the trunk highway
264.9 	fund.  An amount sufficient to administer the permit program is
264.10 	appropriated from the trunk highway fund to the commissioner for
264.11 	the costs of administering the permit program.
264.12 	
EFFECTIVE DATE. This section is effective the latter of
264.13 	August 1, 2006, or the date on which the commissioner determines
264.14 	that building permits have been issued for the construction of a
264.15 	new pulp and paper manufacturing facility at Grand Rapids.

264.16 	Sec. 40. Minnesota Statutes 2004, section 176.136,
264.17 	subdivision 1a, is amended to read:
264.18 		Subd. 1a.Relative value fee schedule. (a) The liability
264.19 	of an employer for services included in the medical fee schedule
264.20 	is limited to the maximum fee allowed by the schedule in effect
264.21 	on the date of the medical service, or the provider's actual
264.22 	fee, whichever is lower.  The medical fee schedule effective on
264.23 	October 1, 1991, remains in effect until the commissioner adopts
264.24 	a new schedule by permanent rule.  The commissioner shall adopt
264.25 	permanent rules regulating fees allowable for medical,
264.26 	chiropractic, podiatric, surgical, and other health care
264.27 	provider treatment or service, including those provided to
264.28 	hospital outpatients, by implementing a relative value fee
264.29 	schedule to be effective on October 1, 1993.  The commissioner
264.30 	may adopt by reference the relative value fee schedule adopted
264.31 	for the federal Medicare program or a relative value fee
264.32 	schedule adopted by other federal or state agencies.  The
264.33 	relative value fee schedule must contain reasonable
264.34 	classifications including, but not limited to, classifications
264.35 	that differentiate among health care provider disciplines.  The
264.36 	conversion factors for the original relative value fee schedule
265.1 	must reasonably reflect a 15 percent overall reduction from the
265.2 	medical fee schedule most recently in effect.  The reduction
265.3 	need not be applied equally to all treatment or services, but
265.4 	must represent a gross 15 percent reduction.
265.5 	(b) Effective October 1, 2005, the commissioner shall
265.6 	remove all scaling factors from the relative value units and
265.7 	establish four separate conversion factors according to
265.8 	paragraphs (c) and (d) for each of the following parts of
265.9 	Minnesota Rules:
265.10 	(1) Medical/surgical services in Minnesota Rules, part
265.11 	5221.4030, as defined in part 5221.0700, subpart 3, item C,
265.12 	subitem 2;
265.13 	(2) Pathology and laboratory services in Minnesota Rules,
265.14 	part 5221.4040, as defined in part 5221.0700, subpart 3, item C,
265.15 	subitem 3;
265.16 	(3) Physical medicine and rehabilitation services in
265.17 	Minnesota Rules, part 5221.4050, as defined in part 5221.0700,
265.18 	subpart 3, item C, subitem 4; and 
265.19 	(4) Chiropractic services in Minnesota Rules, part
265.20 	5221.4060, as defined in part 5221.0700, subpart 3, item C,
265.21 	subitem 5.
265.22 	(c) The four conversion factors established under paragraph
265.23 	(b) shall be calculated so that there is no change in each
265.24 	maximum fee for each service under the current fee schedule,
265.25 	except as provided in paragraphs (d) and (e).
265.26 	(d) By October 1, 2006, the conversion factor for
265.27 	chiropractic services described in paragraph (b), clause (4),
265.28 	shall be increased to equal 72 percent of the conversion factor
265.29 	for medical/surgical services described in paragraph (b), clause
265.30 	(1).  Beginning October 1, 2005, the increase in chiropractic
265.31 	conversion factor shall be phased in over two years by
265.32 	approximately equal percentage point increases.
265.33 	(e) When adjusting the conversion factors in accordance
265.34 	with paragraph (g) on October 1, 2005, and October 1, 2006, the
265.35 	commissioner may adjust by no less than zero, all of the
265.36 	conversion factors as necessary to offset any overall increase
266.1 	in payments under the fee schedule resulting from the increase
266.2 	in the chiropractic conversion factor.
266.3 	(f) The commissioner shall give notice of the relative
266.4 	value units and conversion factors established under paragraphs
266.5 	(b), (c), and (d) according to the procedures in section 14.386,
266.6 	paragraph (a).  The relative value units and conversion factors
266.7 	established under paragraphs (b), (c), and (d) are not subject
266.8 	to expiration under section 14.386, paragraph (b).
266.9 	(g) After permanent rules have been adopted to implement
266.10 	this section, the conversion factors must be adjusted annually
266.11 	on October 1 by no more than the percentage change computed
266.12 	under section 176.645, but without the annual cap provided by
266.13 	that section.  The commissioner shall annually give notice in
266.14 	the State Register of the adjusted conversion factors and may
266.15 	also give annual notice of any additions, deletions, or changes
266.16 	to the relative value units or service codes adopted by the
266.17 	federal Medicare program.  The relative value units may be
266.18 	statistically adjusted in the same manner as for the original
266.19 	workers' compensation relative value fee schedule.  The notices
266.20 	of the adjusted conversion factors and additions, deletions, or
266.21 	changes to the relative value units and service codes is in lieu
266.22 	of the requirements of chapter 14.  The commissioner shall
266.23 	follow the requirements of section 14.386, paragraph (a).  The
266.24 	annual adjustments to the conversion factors and the medical fee
266.25 	schedules adopted under this section, including all previous fee
266.26 	schedules, are not subject to expiration under section 14.386,
266.27 	paragraph (b).

266.28 	Sec. 41. [181.722] MISREPRESENTATION OF EMPLOYMENT
266.29 	RELATIONSHIP PROHIBITED.
266.30 		Subdivision 1.Prohibition. No employer shall
266.31 	misrepresent the nature of its employment relationship with its
266.32 	employees to any federal, state, or local government unit; to
266.33 	other employers; or to its employees.  An employer misrepresents
266.34 	the nature of its employment relationship with its employees if
266.35 	it makes any statement regarding the nature of the relationship
266.36 	that the employer knows or has reason to know is untrue and if
267.1 	it fails to report individuals as employees when legally
267.2 	required to do so.
267.3 		Subd. 2.Agreements to misclassify prohibited. No
267.4 	employer shall require or request any employee to enter into any
267.5 	agreement, or sign any document, that results in
267.6 	misclassification of the employee as an independent contractor
267.7 	or otherwise does not accurately reflect the employment
267.8 	relationship with the employer.
267.9 		Subd. 3.Determination of employment relationship. For
267.10 	purposes of this section, the nature of an employment
267.11 	relationship is determined using the same tests and in the same
267.12 	manner as employee status is determined under the applicable
267.13 	workers' compensation and unemployment insurance program laws
267.14 	and rules.
267.15 		Subd. 4.Civil remedy. A construction worker, as defined
267.16 	in section 179.254, who is not an independent contractor and has
267.17 	been injured by a violation of this section, may bring a civil
267.18 	action for damages against the violator.  If the construction
267.19 	worker injured is an employee of the violator of this section,
267.20 	the employee's representative, as defined in section 179.01,
267.21 	subdivision 5, may bring a civil action for damages against the
267.22 	violator on behalf of the employee.  The court may award
267.23 	attorney fees, costs, and disbursements to a construction worker
267.24 	recovering under this section.
267.25 		Subd. 5.Reporting of violations. Any court finding that
267.26 	a violation of this section has occurred shall transmit a copy
267.27 	of its findings of fact and conclusions of law to the
267.28 	commissioner of labor and industry.  The commissioner of labor
267.29 	and industry shall report the finding to relevant state and
267.30 	federal agencies, including the commissioner of commerce, the
267.31 	commissioner of employment and economic development, the
267.32 	commissioner of revenue, the federal Internal Revenue Service,
267.33 	and the United States Department of Labor.

267.34 	Sec. 42. Minnesota Statutes 2004, section 183.41, is
267.35 	amended by adding a subdivision to read:
267.36 		Subd. 4.Annual permit. The commissioner shall issue an
268.1 	annual permit to a boat for the purpose of carrying passengers
268.2 	for hire on the inland waters of the state provided the boat
268.3 	satisfies the inspection requirements of this section.  A boat
268.4 	subject to inspection under this chapter shall be registered
268.5 	with the Division of Boiler Inspection and shall be inspected
268.6 	before a permit may be issued.

268.7 	Sec. 43. Minnesota Statutes 2004, section 183.411,
268.8 	subdivision 2a, is amended to read:
268.9 		Subd. 2a.Inspection fees.  The commissioner may set fees 
268.10 	fee for inspecting traction engines, show boilers, and show
268.11 	engines shall be the hourly rate pursuant to section
268.12 	16A.1285 183.545, subdivision 3a.

268.13 	Sec. 44. Minnesota Statutes 2004, section 183.411,
268.14 	subdivision 3, is amended to read:
268.15 		Subd. 3.Licenses.  A license to operate steam farm
268.16 	traction engines, portable and stationary show engines and
268.17 	portable and stationary show boilers shall be issued to an
268.18 	applicant who:
268.19 	(a) (1) is 18 years of age or older;
268.20 	(b) (2) has a licensed second class or higher class
268.21 	engineer or steam traction (hobby) engineer sign the affidavit
268.22 	attesting to the applicant's competence in operating said
268.23 	devices;
268.24 	(c) (3) passes a written test for competence in operating
268.25 	said devices;
268.26 	(d) (4) has at least 25 hours of actual operating
268.27 	experience on said devices; and
268.28 	(e) (5) pays the required fee.
268.29 	A license shall be valid for the lifetime of the licensee.
268.30 	A onetime fee set by the commissioner pursuant to section
268.31 	16A.1285 183.545, subdivision 4, shall be charged for the
268.32 	license.

268.33 	Sec. 45. Minnesota Statutes 2004, section 183.42, is
268.34 	amended to read:
268.35 	183.42 INSPECTION EACH YEAR AND REGISTRATION.
268.36 		Subdivision 1.Inspection. Every owner, lessee, or other
269.1 	person having charge of boilers,or pressure vessels, or any
269.2 	boat subject to inspection under this chapter shall cause them
269.3 	to be inspected by the Division of Boiler Inspection.
269.4 	Boilers and boats subject to inspection under this chapter must
269.5 	be inspected at least annually and pressure vessels inspected at
269.6 	least every two years except as provided under section
269.7 	183.45. A person who fails to have the inspection required by
269.8 	this section shall pay to the commissioner a penalty in the
269.9 	amount of the cost of inspection up to a maximum of $1,000.The
269.10 	commissioner shall assess a $250 penalty per applicable boiler
269.11 	or pressure vessel for failure to have the inspection required
269.12 	by this section and may seal the boiler or pressure vessel for
269.13 	refusal to allow an inspection as required by this section.
269.14 		Subd. 2.Registration. Every owner, lessee, or other
269.15 	person having charge of boilers or pressure vessels subject to
269.16 	inspection under this chapter shall register said objects with
269.17 	the Division of Boiler Inspection.  The registration shall be
269.18 	renewed annually and is applicable to each object separately.
269.19 	The fee for registration of a boiler or pressure vessel shall be
269.20 	pursuant to section 183.545, subdivision 10.  The Division of
269.21 	Boiler Inspection may issue a billing statement for each boiler
269.22 	and pressure vessel on record with the division, and may
269.23 	determine a monthly schedule of billings to be followed for
269.24 	owners, lessees, or other persons having charge of a boiler or
269.25 	pressure vessel subject to inspection under this chapter.
269.26 		Subd. 3.Certificate of registration. The Division of
269.27 	Boiler Inspection shall issue a certificate of registration that
269.28 	lists the boilers and pressure vessels at the location,
269.29 	expiration date of the certificate of registration, last
269.30 	inspection date of each boiler and pressure vessel, and maximum
269.31 	allowable working pressure for each boiler and pressure vessel.
269.32 	The commissioner may make an electronic certificate of
269.33 	registration available to be printed by the owner, lessee, or
269.34 	other person having charge of the boiler or pressure vessel.

269.35 	Sec. 46. Minnesota Statutes 2004, section 183.44,
269.36 	subdivision 1, is amended to read:
270.1 		Subdivision 1.Masters and pilots.  The Division of
270.2 	Boiler Inspection commissioner or the commissioner's designee 
270.3 	shall examine all masters and pilots of boats and vessels
270.4 	carrying passengers for hire on the inland waters of the state
270.5 	as to their qualifications and fitness.  If found trustworthy 
270.6 	qualified and competent to perform their duties as a master or
270.7 	pilot of a boat carrying passengers for hire,they shall be
270.8 	given issued a certificate license authorizing them to act as
270.9 	such on the inland waters of the state. The license shall be
270.10 	renewed annually.  Fees for the original issue and renewal of
270.11 	the license authorized under this section shall be pursuant to
270.12 	section 183.545, subdivision 2.

270.13 	Sec. 47. Minnesota Statutes 2004, section 183.51,
270.14 	subdivision 2, is amended to read:
270.15 		Subd. 2.Applications.  Any person who desires an
270.16 	engineer's license shall make submit a written application, on
270.17 	blanks furnished by the inspector.  The person shall also
270.18 	successfully pass a written examination for such grade of
270.19 	license applied for commissioner or designee, at least 15 days
270.20 	before the requested exam date.  The application is valid for
270.21 	one year from the date the commissioner or designee received the
270.22 	application.

270.23 	Sec. 48. Minnesota Statutes 2004, section 183.51, is
270.24 	amended by adding a subdivision to read:
270.25 		Subd. 2a.Examinations. Each applicant for a license
270.26 	must pass an examination approved by the commissioner.  The
270.27 	examinations shall be of sufficient scope to establish the
270.28 	competency of the applicant to operate a boiler of the
270.29 	applicable license class and grade.

270.30 	Sec. 49. Minnesota Statutes 2004, section 183.545, is
270.31 	amended to read:
270.32 	183.545 FEES FOR INSPECTION.
270.33 		Subdivision 1.Fee amount; vessels operated on inland
270.34 	waters. The fees for the inspection of the hull, boiler,
270.35 	machinery, and equipments of vessels are to be set by the
270.36 	commissioner pursuant to section 16A.1285, for vessels of 50
271.1 	tons burden or over and vessels of less than 50 tons
271.2 	burden.operated on inland waters and that carry passengers for
271.3 	hire are as follows:
271.4 	(1) annual operating permit and safety inspections shall be
271.5 	$200; and 
271.6 	(2) other inspections, including dry-dock inspections, boat
271.7 	stability tests, and plan reviews, are billed at the hourly rate
271.8 	set in subdivision 3a.
271.9 		Subd. 2.Fee amounts; masters and pilots. The
271.10 	commissioner shall, pursuant to section 16A.1285, set
271.11 	the license and application fee for an examination of an
271.12 	applicant for a master's or pilot's license is $50, for an or
271.13 	$20 if the applicant possesses a valid, unlimited, current
271.14 	United States Coast Guard master's license.  The annual renewal
271.15 	of a master's or a pilot's license, and for an is $20.  The 
271.16 	annual renewal if paid later than ten 30 days after
271.17 	expiration is $35.  The fee for replacement of a current, valid
271.18 	license is $20.
271.19 		Subd. 3.boiler and pressure vessel inspection fees. The
271.20 	fees for the annual inspection of boilers and biennial
271.21 	inspection of pressure vessels are to be set by the commissioner
271.22 	pursuant to section 16A.1285, for as follows:
271.23 	(a) (1) boiler inaccessible for internal inspection, $55;
271.24 	(b) (2) boiler accessible for internal inspection, $55;
271.25 	(c) (3) boiler internal inspection over 2,000 square feet
271.26 	heating surface shall be billed at the hourly rate set in
271.27 	subdivision 3a;
271.28 	(d) boiler internal inspection over 4,000 square feet
271.29 	heating surface;
271.30 	(e) boiler internal inspection over 10,000 square feet
271.31 	heating surface;
271.32 	(f) (4) boiler accessible for internal inspection requiring
271.33 	one-half day or more of inspection time shall be billed at the
271.34 	established shop inspection fee hourly rate set in subdivision
271.35 	3a;
271.36 	(g) (5) pressure vessel for internal inspection via
272.1 	manhole, $35; and
272.2 	(h) (6) pressure vessel inaccessible for internal
272.3 	inspection, $35.
272.4 	An additional fee based on the scale of fees applicable to
272.5 	an inspection shall be charged when it is necessary to make a
272.6 	special trip for a hydrostatic test of a boiler or pressure
272.7 	vessel.
272.8 		Subd. 3a.Hourly rate. The commissioner shall, pursuant
272.9 	to section 16A.1285, set shop inspection fees hourly rate for an
272.10 	inspection not set elsewhere in this chapter is $80 per hour.
272.11 	Inspection time includes all time related to the shop 
272.12 	inspection. Travel time, billed at the hourly rate, and travel
272.13 	expenses shall be billed for shop inspections, triennial audits,
272.14 	boat stability tests, hydrostatic tests of a boiler or pressure
272.15 	vessel, or any other inspection or consultation requiring a
272.16 	special trip.
272.17 		Subd. 4.applicants boiler engineer license fees. The
272.18 	commissioner shall, pursuant to section 16A.1285, set the fee
272.19 	for an examination of an applicant For the following licenses,
272.20 	the nonrefundable license and application fee is:
272.21 	(a) (1) chief engineer's license, $50;
272.22 	(b) (2) first class engineer's license, $50;
272.23 	(c) (3) second class engineer's license, $50;
272.24 	(d) (4) special engineer's license, $20; and 
272.25 	(e) (5) traction or hobby boiler engineer's license; and ,
272.26 	$50.
272.27 	(f) pilot's license.
272.28 	If an applicant, after an examination, is entitled to
272.29 	receive a license, it shall be issued without the payment of any
272.30 	additional charge.  Any license so issued expires one year after
272.31 	the date of its issuance.An engineer's license may be renewed
272.32 	upon application therefor and the payment of an annual renewal
272.33 	fee as set by the commissioner pursuant to section 16A.1285of
272.34 	$20. The annual renewal, if paid later than 30 days after
272.35 	expiration, is $35.  The fee for replacement of a current, valid
272.36 	license is $20.
273.1 		Subd. 6.National board inspectors. The fee for an
273.2 	examination of an applicant for a National Board of Boiler and
273.3 	Pressure Vessels Inspectors commission shall be set by the
273.4 	commissioner pursuant to section 16A.1285is $100.
273.5 		Subd. 7.Nuclear endorsement. The fee for each
273.6 	examination of an applicant for a National Board of Boiler and
273.7 	Pressure Vessels commissioned inspectors nuclear endorsement
273.8 	shall be set by the commissioner pursuant to section 16A.1285is
273.9 	$100.
273.10 		Subd. 8.Certificate of competency. The fee for issuance
273.11 	of the original state of Minnesota certificate of competency for
273.12 	inspectors shall be set by the commissioner pursuant to section
273.13 	16A.1285 is $50.  This fee is waived for inspectors who paid the
273.14 	examination fee.  The fee for an annual renewal of the state of
273.15 	Minnesota certificate of competency shall be set by the
273.16 	commissioner pursuant to section 16A.1285is $35, and is due
273.17 	January 1 of each year. The fee for replacement of a current,
273.18 	valid license is $35.
273.19 		Subd. 9.Deposit of fees. Fees received under this
273.20 	section and section 183.57must be deposited in the state
273.21 	treasury and credited to the general fund.
273.22 		Subd. 10.Boiler and pressure vessel registration
273.23 	fee. The annual registration fee for boilers and pressure
273.24 	vessels in use and required to be inspected per section 183.42
273.25 	shall be $10 per boiler and pressure vessel.

273.26 	Sec. 50. Minnesota Statutes 2004, section 183.57, is
273.27 	amended to read:
273.28 	183.57 REPORT OF INSURER; EXEMPTION FROM INSPECTION.
273.29 		Subdivision 1.Report required. Any insurance company
273.30 	insuring boilers and pressure vessels in this state shall make a
273.31 	written file a report thereof showing the date of inspection,
273.32 	the name of the person making the inspection, the condition of
273.33 	the boiler or pressure vessel as disclosed by the inspection,
273.34 	whether the same is boiler was operated by a properly licensed
273.35 	engineer, and whether a policy of insurance has been issued by
273.36 	the company with reference to the boiler or pressure vessel, and
274.1 	other information as directed by the chief boiler inspector.
274.2 	Within 15 21 days after the inspection, the insurance company
274.3 	shall mail a copy of file the report to with the chief boiler
274.4 	inspector and or designee.  The insurer shall provide a copy of
274.5 	the report to the person, firm, or corporation owning or
274.6 	operating the inspected boiler or pressure vessel inspected.
274.7 	Such report shall be made annually for boilers and biennially
274.8 	for pressure vessels.
274.9 		Subd. 2.Exemption. Every boiler or pressure vessel as
274.10 	to which any insurance company authorized to do business in this
274.11 	state has issued a policy of insurance, after the inspection
274.12 	thereof, is exempt from inspection by the department made under
274.13 	sections 183.375 to 183.62, while the same continues to be
274.14 	insured and provided it continues to be inspected in accordance
274.15 	with the inspection schedule set forth in sections 183.42 and
274.16 	183.45,and the person, firm, or corporation owning or operating
274.17 	the same has an unexpired certificate of exemption from
274.18 	inspection, issued by the chief boiler
274.19 	inspector registration. The fee set by the commissioner
274.20 	pursuant to section 16A.1285, on the first object inspected and
274.21 	on each object thereafter shall apply to each exempt object.  A
274.22 	certificate of exemption expires one year from date of issue.
274.23 	The certificate of exemption shall be posted in a conspicuous
274.24 	place near the boiler or pressure vessel or in the plant office
274.25 	or boiler room described therein and to which it relates.  Every
274.26 	insurance company shall give written notice to the chief boiler
274.27 	inspector of the cancellation or expiration of every policy of
274.28 	insurance issued by it with reference to policies in this state,
274.29 	and the cause or reason for the cancellation or expiration.
274.30 	These notices of cancellation or expiration shall show the date
274.31 	of the policy and the date when the cancellation has or will
274.32 	become effective.
274.33 		Subd. 4.Certificate of exemption. The Division of
274.34 	Boiler Inspection may issue a billing and exemption certificate
274.35 	for each boiler and pressure vessel which the division records
274.36 	indicate shall be or has been inspected by an insurance company
275.1 	which is providing coverage for the boilers and pressure
275.2 	vessels.  The division may determine the monthly schedule of the
275.3 	billings to be followed for each business insured.
275.4 		Subd. 5.Notice of insurance coverage. The insurer shall
275.5 	notify the commissioner or designee in writing of its policy to
275.6 	insure and inspect boilers and pressure vessels at a location
275.7 	within 30 days of receipt of notification from the insured that
275.8 	a boiler or pressure vessel is present at an insured location.
275.9 	The insurer must also provide a duplicate of the notification to
275.10 	the insured.
275.11 		Subd. 6.Notice of discontinued coverage. The insurer
275.12 	shall notify the commissioner or designee in writing, within 30
275.13 	days of the effective date, of the discontinuation of insurance
275.14 	coverage of the boilers and pressure vessels at a location and
275.15 	the cause or reason for the discontinuation if the insurer has
275.16 	received notice from the insured that a boiler or pressure
275.17 	vessel is present at an insured location, as provided under
275.18 	subdivision 5.  This notice shall show the effective date when
275.19 	the discontinued policy takes effect.
275.20 		Subd. 7.Penalties. The commissioner shall assess upon
275.21 	the insurer a $50 penalty, per applicable boiler and pressure
275.22 	vessel, for failing to submit an inspection report or notify the
275.23 	commissioner of insurance coverage or discontinuation of
275.24 	insurance coverage as set forth in this section.  The
275.25 	commissioner shall assess upon the insurer a penalty of $100,
275.26 	per applicable boiler and pressure vessel, for failing to
275.27 	conduct the required in-service inspection within 120 days after
275.28 	the inspection was due in accordance with section 183.42.  The
275.29 	penalties in this subdivision may only be assessed for notice,
275.30 	reports, and inspections required during the period that the
275.31 	insurance coverage was in effect and for which the insurer has
275.32 	received notice from the insured that a boiler or pressure
275.33 	vessel is present at an insured location, as provided under
275.34 	subdivision 5.

275.35 	Sec. 51. Minnesota Statutes 2004, section 216C.41,
275.36 	subdivision 2, is amended to read:
276.1 		Subd. 2.Incentive payment; appropriation.  (a) Incentive
276.2 	payments must be made according to this section to (1) a
276.3 	qualified on-farm biogas recovery facility, (2) the owner or
276.4 	operator of a qualified hydropower facility or qualified wind
276.5 	energy conversion facility for electric energy generated and
276.6 	sold by the facility, (3) a publicly owned hydropower facility
276.7 	for electric energy that is generated by the facility and used
276.8 	by the owner of the facility outside the facility, or (4) the
276.9 	owner of a publicly owned dam that is in need of substantial
276.10 	repair, for electric energy that is generated by a hydropower
276.11 	facility at the dam and the annual incentive payments will be
276.12 	used to fund the structural repairs and replacement of
276.13 	structural components of the dam, or to retire debt incurred to
276.14 	fund those repairs.
276.15 	(b) Payment may only be made upon receipt by the
276.16 	commissioner of finance commerce of an incentive payment
276.17 	application that establishes that the applicant is eligible to
276.18 	receive an incentive payment and that satisfies other
276.19 	requirements the commissioner deems necessary.  The application
276.20 	must be in a form and submitted at a time the commissioner
276.21 	establishes.
276.22 	(c) There is annually appropriated from the general fund 
276.23 	renewable development account under section 116C.779to the
276.24 	commissioner of commerce sums sufficient to make the payments
276.25 	required under this section, other than in addition to the
276.26 	amounts funded by the renewable development account as specified
276.27 	in subdivision 5a.

276.28 	Sec. 52. Minnesota Statutes 2004, section 216C.41,
276.29 	subdivision 5, is amended to read:
276.30 		Subd. 5.Amount of payment; wind facilities limit.  (a)
276.31 	An incentive payment is based on the number of kilowatt hours of
276.32 	electricity generated. The amount of the payment is:
276.33 	(1) for a facility described under subdivision 2, paragraph
276.34 	(a), clause (4), 1.0 cent per kilowatt hour; and
276.35 	(2) for all other facilities, 1.5 cents per kilowatt hour.
276.36 	For electricity generated by qualified wind energy conversion
277.1 	facilities, the incentive payment under this section is limited
277.2 	to no more than 100 200 megawatts of nameplate capacity.
277.3 	(b) For wind energy conversion systems installed and
277.4 	contracted for after January 1, 2002, the total size of a wind
277.5 	energy conversion system under this section must be determined
277.6 	according to this paragraph.  Unless the systems are
277.7 	interconnected with different distribution systems, the
277.8 	nameplate capacity of one wind energy conversion system must be
277.9 	combined with the nameplate capacity of any other wind energy
277.10 	conversion system that is:
277.11 	(1) located within five miles of the wind energy conversion
277.12 	system;
277.13 	(2) constructed within the same calendar year as the wind
277.14 	energy conversion system; and
277.15 	(3) under common ownership.
277.16 	In the case of a dispute, the commissioner of commerce shall
277.17 	determine the total size of the system, and shall draw all
277.18 	reasonable inferences in favor of combining the systems.
277.19 	(c) In making a determination under paragraph (b), the
277.20 	commissioner of commerce may determine that two wind energy
277.21 	conversion systems are under common ownership when the
277.22 	underlying ownership structure contains similar persons or
277.23 	entities, even if the ownership shares differ between the two
277.24 	systems.  Wind energy conversion systems are not under common
277.25 	ownership solely because the same person or entity provided
277.26 	equity financing for the systems.

277.27 	Sec. 53. Minnesota Statutes 2004, section 216C.41,
277.28 	subdivision 5a, is amended to read:
277.29 		Subd. 5a.Renewable development account.  The Department
277.30 	of Commerce shall authorize payment of the renewable energy
277.31 	production incentive to wind energy conversion systems for 100 
277.32 	200 megawatts of nameplate capacity in addition to the capacity
277.33 	authorized under subdivision 5 and to on-farm biogas recovery
277.34 	facilities.  Payment of the incentive shall be made from the
277.35 	renewable energy development account as provided under section
277.36 	116C.779, subdivision 2.

278.1 	Sec. 54. Minnesota Statutes 2004, section 237.11, is
278.2 	amended to read:
278.3 	237.11 INSPECTING RECORDS AND PROPERTY; REPORTS REQUIRED.
278.4 	Every telephone company subject to the provisions of this
278.5 	chapter, wherever organized, shall keep an office in this state,
278.6 	and make such reports to the department as it shall from time to
278.7 	time require.  All books, records, and files, whether they
278.8 	relate to competitive or noncompetitive services, and all of its
278.9 	property shall be at all times subject to inspection by the
278.10 	commission and the department.  It shall close its accounts and
278.11 	take therefrom a balance sheet on December 31 of each year, and
278.12 	on or before May 1 following, such balance sheet, together with
278.13 	such other information as the department shall require, verified
278.14 	by an officer of the telephone company, shall be filed with the
278.15 	commission and the department, except that a local exchange
278.16 	carrier or a competitive local exchange carrier, as defined in
278.17 	Minnesota Rules, chapter 7811, is only required to file an
278.18 	annual report that includes the company's name, contact person,
278.19 	annual revenue, and status of its 911 update plan.
278.20 	In the event that any telephone company shall fail to file
278.21 	its annual report, as provided by this section, the department
278.22 	is authorized to make such an examination of the books, records,
278.23 	and vouchers of the company as is necessary to procure the
278.24 	necessary data for the annual report and cause the same to be
278.25 	prepared.  The expense of procuring this data and preparing this
278.26 	report shall be paid by the telephone company failing to report,
278.27 	and the amount paid shall be credited by the commissioner of
278.28 	finance to funds appropriated for the expense of the department.
278.29 	The department is authorized to force collection of such
278.30 	sum by an action at law in the name of the department.

278.31 	Sec. 55. Minnesota Statutes 2004, section 237.295,
278.32 	subdivision 1, is amended to read:
278.33 		Subdivision 1.payment for investigation filing fee for
278.34 	new authority. (a) Whenever the department or commission, in a
278.35 	proceeding upon its own motion, on complaint, or upon an
278.36 	application to it, considers it necessary, in order to carry out
279.1 	the duties imposed on it, to investigate the books, accounts,
279.2 	practices, and activities of any company, parties to the
279.3 	proceeding shall pay the expenses reasonably attributable to the
279.4 	proceeding.  The department and commission shall ascertain the
279.5 	expenses, and the department shall render a bill for those
279.6 	expenses to the parties, at the conclusion of the proceeding.
279.7 	The department is authorized to submit billings to parties at
279.8 	intervals selected by the department during the course of a
279.9 	proceeding.
279.10 	(b) The allocation of costs may be adjusted for cause by
279.11 	the commission during the course of the proceeding, or upon the
279.12 	closing of the docket and issuance of an order.  In addition to
279.13 	the rights granted in subdivision 3, parties to a proceeding may
279.14 	object to the allocation at any time during the proceeding.
279.15 	Withdrawal by a party to a proceeding does not absolve the party
279.16 	from paying allocated costs as determined by the commission.
279.17 	The commission may decide that a party should not pay any
279.18 	allocated costs of the proceeding.
279.19 	(c) The bill constitutes notice of the assessment and a
279.20 	demand for payment.  The amount of the bills assessed by the
279.21 	department under this subdivision must be paid by the parties
279.22 	into the state treasury within 30 days from the date of
279.23 	assessment.  The total amount, in a calendar year, for which a
279.24 	telephone company may become liable, by reason of costs incurred
279.25 	by the department and commission within that calendar year, may
279.26 	not exceed two-fifths of one percent of the gross jurisdictional
279.27 	operating revenue of the telephone company in the last preceding
279.28 	calendar year.  Direct charges may be assessed without regard to
279.29 	this limitation until the gross jurisdictional operating revenue
279.30 	of the telephone company for the preceding calendar year has
279.31 	been reported for the first time.  Where, under this
279.32 	subdivision, costs are incurred within a calendar year that are
279.33 	in excess of two-fifths of one percent of the gross
279.34 	jurisdictional operating revenues, the excess costs are not
279.35 	chargeable as part of the remainder under subdivision 2.
279.36 	(d) Except as otherwise provided in paragraph (e), for
280.1 	purposes of assessing the cost of a proceeding to a party,
280.2 	"party" means any entity or group subject to the laws and rules
280.3 	of this state, however organized, whether public or private,
280.4 	whether domestic or foreign, whether for profit or nonprofit,
280.5 	and whether natural, corporate, or political, such as a business
280.6 	or commercial enterprise organized as any type or combination of
280.7 	corporation, limited liability company, partnership, limited
280.8 	liability partnership, proprietorship, association, cooperative,
280.9 	joint venture, carrier, or utility, and any successor or
280.10 	assignee of any of them; a social or charitable organization;
280.11 	and any type or combination of political subdivision, which
280.12 	includes the executive, judicial, or legislative branch of the
280.13 	state, a local government unit, an agency of the state or a
280.14 	local government unit, or a combination of any of them.
280.15 	(e) For assessment and billing purposes, "party" does not
280.16 	include the Department of Commerce or the Residential Utilities
280.17 	Division of the Office of Attorney General; any entity or group
280.18 	instituted primarily for the purpose of mutual help and not
280.19 	conducted for profit; intervenors awarded compensation under
280.20 	section 237.075, subdivision 10; or any individual or group or
280.21 	counsel for the individual or group representing the interests
280.22 	of end users or classes of end users of services provided by
280.23 	telephone companies or telecommunications carriers, as
280.24 	determined by the commission An application for a new authority
280.25 	must be accompanied by a payment not to exceed $2,000 as
280.26 	determined by the Public Utilities Commission.  This fee will be
280.27 	reviewed annually and adjusted accordingly.

280.28 	Sec. 56. Minnesota Statutes 2004, section 237.295,
280.29 	subdivision 2, is amended to read:
280.30 		Subd. 2.Assessment of costs.  The department and
280.31 	commission shall quarterly, at least 30 days before the start of
280.32 	each quarter, estimate the total of their expenditures in the
280.33 	performance of their duties relating to telephone companies,
280.34 	other than amounts chargeable to telephone companies under
280.35 	subdivision 1, 5, or 6.  The remainder must be assessed by the
280.36 	department to the telephone companies operating in this state in
281.1 	proportion to their respective gross jurisdictional operating
281.2 	revenues during the last calendar year.  The assessment must be
281.3 	paid into the state treasury within 30 days after the bill has
281.4 	been mailed to the telephone companies.  The bill constitutes
281.5 	notice of the assessment and demand of payment.  The total
281.6 	amount that may be assessed to the telephone companies under
281.7 	this subdivision may not exceed one-eighth three-eighths of one
281.8 	percent of the total gross jurisdictional operating revenues
281.9 	during the calendar year.  The assessment for the third quarter
281.10 	of each fiscal year must be adjusted to compensate for the
281.11 	amount by which actual expenditures by the commission and
281.12 	department for the preceding fiscal year were more or less than
281.13 	the estimated expenditures previously assessed.  A telephone
281.14 	company with gross jurisdictional operating revenues of less
281.15 	than $5,000 is exempt from assessments under this subdivision.

281.16 	Sec. 57. [237.491] COMBINED PER NUMBER FEE.
281.17 		Subdivision 1.Definitions. (a) The definitions in this
281.18 	subdivision apply to this section.
281.19 	(b) "911 emergency and public safety communications program"
281.20 	means the program governed by chapter 403.
281.21 	(c) "Minnesota telephone number" means a ten-digit
281.22 	telephone number being used to connect to the public switched
281.23 	telephone network and starting with area code 218, 320, 507,
281.24 	612, 651, 763, or 952, or any subsequent area code assigned to
281.25 	this state.
281.26 	(d) "Service provider" means a provider doing business in
281.27 	this state who provides real time, two-way voice service with a
281.28 	Minnesota telephone number.
281.29 	(e) "Telecommunications access Minnesota program" means the
281.30 	program governed by sections 237.50 to 237.55.
281.31 	(f) "Telephone assistance program" means the program
281.32 	governed by sections 237.69 to 237.711.
281.33 		Subd. 2.Per number fee. (a) By January 15, 2006, the
281.34 	commissioner of commerce shall report to the legislature and to
281.35 	the senate Committee on Jobs, Energy, and Community Development
281.36 	and the house Committee on Regulated Industries, recommendations
282.1 	for the amount of and method for assessing a fee that would
282.2 	apply to each service provider based upon the number of
282.3 	Minnesota telephone numbers in use by current customers of the
282.4 	service provider.  The fee would be set at a level calculated to
282.5 	generate only the amount of revenue necessary to fund:
282.6 	(1) the telephone assistance program and the
282.7 	telecommunications access Minnesota program at the levels
282.8 	established by the commission under sections 237.52, subdivision
282.9 	2, and 237.70; and 
282.10 	(2) the 911 emergency and public safety communications
282.11 	program at the levels appropriated by law to the commissioner of
282.12 	public safety and the commissioner of finance for purposes of
282.13 	sections 403.11, 403.113, 403.27, 403.30, and 403.31 for each
282.14 	fiscal year.
282.15 	(b) The recommendations must include any changes to
282.16 	Minnesota Statutes necessary to establish the procedures whereby
282.17 	each service provider, to the extent allowed under federal law,
282.18 	would collect and remit the fee proceeds to the commissioner of
282.19 	revenue.  The commissioner of revenue would allocate the fee
282.20 	proceeds to the three funding areas in paragraph (a) and credit
282.21 	the allocations to the appropriate accounts.
282.22 	(c) The recommendations must be designed to allow the
282.23 	combined per telephone number fee to be collected beginning July
282.24 	1, 2006.  The per access line fee used to collect revenues to
282.25 	support the TAP, TAM, and 911 programs remains in effect until
282.26 	the statutory changes necessary to implement the per telephone
282.27 	number fee have been enacted into law.
282.28 	(d) As part of the process of developing the
282.29 	recommendations and preparing the report to the legislature
282.30 	required under paragraph (a), the commissioner of commerce must,
282.31 	at a minimum, consult regularly with the Departments of Public
282.32 	Safety, Finance, and Administration, the Public Utilities
282.33 	Commission, service providers, the chairs and ranking minority
282.34 	members of the senate and house committees, subcommittees, and
282.35 	divisions having jurisdiction over telecommunications and public
282.36 	safety, and other affected parties.
283.1 	
EFFECTIVE DATE. This section is effective the day
283.2 	following final enactment.

283.3 	Sec. 58. Minnesota Statutes 2004, section 237.701,
283.4 	subdivision 1, is amended to read:
283.5 		Subdivision 1.Fund created; authorized expenditures.
 283.6 	The telephone assistance fund is created as a separate account
283.7 	in the state treasury to consist of amounts received by the
283.8 	commissioner of public safety representing the surcharge
283.9 	authorized by section 237.70, subdivision 6, and amounts earned
283.10 	on the fund assets.  Money in the fund may be used only for:
283.11 	(1) reimbursement to local service providers for expenses
283.12 	and credits allowed in section 237.70, subdivision 7, paragraph
283.13 	(d), clause (5);
283.14 	(2) reimbursement of the reasonable administrative expenses
283.15 	of the commission not to exceed $25,000 annually , a portion of
283.16 	which may be used for periodic promotional activities,
283.17 	including, but not limited to, radio or newspaper
283.18 	advertisements, to inform eligible households of the
283.19 	availability of the telephone assistance program; and
283.20 	(3) reimbursement of the statewide indirect cost of the
283.21 	commission.

283.22 	Sec. 59. Minnesota Statutes 2004, section 239.011,
283.23 	subdivision 2, is amended to read:
283.24 		Subd. 2.Duties and powers.  To carry out the
283.25 	responsibilities in section 239.01 and subdivision 1, the
283.26 	director:
283.27 	(1) shall take charge of, keep, and maintain in good order
283.28 	the standard of weights and measures of the state and keep a
283.29 	seal so formed as to impress, when appropriate, the letters
283.30 	"MINN" and the date of sealing upon the weights and measures
283.31 	that are sealed;
283.32 	(2) has general supervision of the weights, measures, and
283.33 	weighing and measuring devices offered for sale, sold, or in use
283.34 	in the state;
283.35 	(3) shall maintain traceability of the state standards to
283.36 	the national standards of the National Institute of Standards
284.1 	and Technology;
284.2 	(4) shall enforce this chapter;
284.3 	(5) shall grant variances from department rules, within the
284.4 	limits set by rule, when appropriate to maintain good commercial
284.5 	practices or when enforcement of the rules would cause undue
284.6 	hardship;
284.7 	(6) shall conduct investigations to ensure compliance with
284.8 	this chapter;
284.9 	(7) may delegate to division personnel the
284.10 	responsibilities, duties, and powers contained in this section;
284.11 	(8) shall test annually, and approve when found to be
284.12 	correct, the standards of weights and measures used by the
284.13 	division, by a town, statutory or home rule charter city, or
284.14 	county within the state, or by a person using standards to
284.15 	repair, adjust, or calibrate commercial weights and measures;
284.16 	(9) shall inspect and test weights and measures kept,
284.17 	offered, or exposed for sale;
284.18 	(10) shall inspect and test, to ascertain if they are
284.19 	correct, weights and measures commercially used to:
284.20 	(i) determine the weight, measure, or count of commodities
284.21 	or things sold, offered, or exposed for sale, on the basis of
284.22 	weight, measure, or count; and
284.23 	(ii) compute the basic charge or payment for services
284.24 	rendered on the basis of weight, measure, or count;
284.25 	(11) shall approve for use and mark weights and measures
284.26 	that are found to be correct;
284.27 	(12) shall reject, and mark as rejected, weights and
284.28 	measures that are found to be incorrect and may seize them if
284.29 	those weights and measures:
284.30 	(i) are not corrected within the time specified by the
284.31 	director;
284.32 	(ii) are used or disposed of in a manner not specifically
284.33 	authorized by the director; or
284.34 	(iii) are found to be both incorrect and not capable of
284.35 	being made correct, in which case the director shall condemn
284.36 	those weights and measures;
285.1 	(13) shall weigh, measure, or inspect packaged commodities
285.2 	kept, offered, or exposed for sale, sold, or in the process of
285.3 	delivery, to determine whether they contain the amount
285.4 	represented and whether they are kept, offered, or exposed for
285.5 	sale in accordance with this chapter and department rules.  In
285.6 	carrying out this section, the director must employ recognized
285.7 	sampling procedures, such as those contained in National
285.8 	Institute of Standards and Technology Handbook 133, "Checking
285.9 	the Net Contents of Packaged Goods";
285.10 	(14) shall prescribe the appropriate term or unit of weight
285.11 	or measure to be used for a specific commodity when an existing
285.12 	term or declaration of quantity does not facilitate value
285.13 	comparisons by consumers, or creates an opportunity for consumer
285.14 	confusion;
285.15 	(15) shall allow reasonable variations from the stated
285.16 	quantity of contents, including variations caused by loss or
285.17 	gain of moisture during the course of good distribution practice
285.18 	or by unavoidable deviations in good manufacturing practice,
285.19 	only after the commodity has entered commerce within the state;
285.20 	(16) shall inspect and test petroleum products in
285.21 	accordance with this chapter and chapter 296A;
285.22 	(17) shall distribute and post notices for used motor oil
285.23 	and used motor oil filters and lead acid battery recycling in
285.24 	accordance with sections 239.54, 325E.11, and 325E.115;
285.25 	(18) shall collect inspection fees in accordance with
285.26 	sections 239.10 and 239.101; and
285.27 	(19) shall provide metrological services and support to
285.28 	businesses and individuals in the United States who wish to
285.29 	market products and services in the member nations of the
285.30 	European Economic Community, and other nations outside of the
285.31 	United States by:
285.32 	(i) meeting, to the extent practicable, the measurement
285.33 	quality assurance standards described in the International
285.34 	Standards Organization ISO 9000, Guide 25 17025;
285.35 	(ii) maintaining, to the extent practicable, certification
285.36 	of the metrology laboratory by a governing body appointed by the
286.1 	European Economic Community an internationally accepted
286.2 	accrediting body such as the National Voluntary Laboratory
286.3 	Accreditation Program (NVLAP); and
286.4 	(iii) providing calibration and consultation services to
286.5 	metrology laboratories in government and private industry in the
286.6 	United States.

286.7 	Sec. 60. Minnesota Statutes 2004, section 239.05, is
286.8 	amended by adding a subdivision to read:
286.9 		Subd. 3a.Automotive fuel. For the purpose of enforcing
286.10 	the gasoline octane requirements in section 239.792, "automotive
286.11 	fuel" has the meaning given it in Code of Federal Regulations,
286.12 	title 16, section 306.0.

286.13 	Sec. 61. Minnesota Statutes 2004, section 239.05,
286.14 	subdivision 10b, is amended to read:
286.15 		Subd. 10b.oxygenate ethanol blender.  " Oxygenate Ethanol 
286.16 	blender" means a person who has registered with the division to
286.17 	blend and distribute, transport, sell, or offer blends and
286.18 	distributes, transports, sells, or offers to sell gasoline
286.19 	containing a minimum of 2.0 percent, and an average of 2.7ten 
286.20 	percent oxygen ethanol by weight volume.

286.21 	Sec. 62. Minnesota Statutes 2004, section 239.09, is
286.22 	amended to read:
286.23 	239.09 SPECIAL POLICE POWERS.
286.24 	When necessary to enforce this chapter or rules adopted
286.25 	under the authority granted by section 239.06, the director is:
286.26 	(1) authorized and empowered to arrest, without formal
286.27 	warrant, any violator of sections 325E.11 and 325E.115 or of the
286.28 	statute in relation to weights and measures;
286.29 	(2) empowered to seize for use as evidence and without
286.30 	formal warrant, any false weight, measure, weighing or measuring
286.31 	device, package, or commodity found to be used, retained, or
286.32 	offered or exposed for sale or sold in violation of law;
286.33 	(3) during normal business hours, authorized to enter
286.34 	commercial premises;
286.35 	(4) if the premises are not open to the public, authorized
286.36 	to enter commercial premises only after presenting credentials
287.1 	and obtaining consent or after obtaining a search warrant;
287.2 	(5) empowered to issue stop-use, hold, and removal orders
287.3 	with respect to weights and measures commercially used, and
287.4 	packaged commodities or bulk commodities kept, offered, or
287.5 	exposed for sale, that do not comply with the weights and
287.6 	measures laws; and 
287.7 	(6) empowered, upon reasonable suspicion of a violation of
287.8 	the weights and measures laws, to stop a commercial vehicle and,
287.9 	after presentation of credentials, inspect the contents of the
287.10 	vehicle, require that the person in charge of the vehicle
287.11 	produce documents concerning the contents, and require the
287.12 	person to proceed with the vehicle to some specified place for
287.13 	inspection; and 
287.14 	(7) empowered, after written warning, to issue citations of
287.15 	not less than $100 and not more than $500 to a person who
287.16 	violates any provision of this chapter, any provision of the
287.17 	rules adopted under the authority contained in this chapter, or
287.18 	any provision of statutes enforced by the Division of Weights
287.19 	and Measures.

287.20 	Sec. 63. Minnesota Statutes 2004, section 239.101,
287.21 	subdivision 3, is amended to read:
287.22 		Subd. 3.Petroleum inspection fee.  (a) An inspection fee
287.23 	is imposed (1) on petroleum products when received by the first
287.24 	licensed distributor, and (2) on petroleum products received and
287.25 	held for sale or use by any person when the petroleum products
287.26 	have not previously been received by a licensed distributor.
287.27 	The petroleum inspection fee is $1 for every 1,000 gallons
287.28 	received.  The commissioner of revenue shall collect the fee.
287.29 	The revenue from 81 cents of the fee must first be applied to
287.30 	cover the amounts appropriated.  Fifteen cents of the inspection
287.31 	fee must be deposited in an account in the special revenue fund
287.32 	and is appropriated to the commissioner of commerce for the cost
287.33 	of petroleum product quality inspection expenses and for the
287.34 	inspection and testing of petroleum product-measuring
287.35 	equipment operations of the Division of Weights and Measures,
287.36 	petroleum supply monitoring, and the oil burner retrofit
288.1 	program.  The remainder of the fee must be deposited in the
288.2 	general fund.
288.3 	(b) The commissioner of revenue shall credit a person for
288.4 	inspection fees previously paid in error or for any material
288.5 	exported or sold for export from the state upon filing of a
288.6 	report as prescribed by the commissioner of revenue.
288.7 	(c) The commissioner of revenue may collect the inspection
288.8 	fee along with any taxes due under chapter 296A.

288.9 	Sec. 64. Minnesota Statutes 2004, section 239.75,
288.10 	subdivision 1, is amended to read:
288.11 		Subdivision 1.Inspection to be made.  The director shall:
288.12 	(1) take samples, free of charge, of petroleum products
288.13 	wherever processed, blended, held, stored, imported,
288.14 	transferred, offered for sale or use, or sold in Minnesota,
288.15 	limiting each sample to:
288.16 	(i) two-tenths of one one-half gallon, except when an
288.17 	octane test is planned; or 
288.18 	(ii) seven-tenths of one gallon for an octane test;
288.19 	(2) inspect and test petroleum product samples according to
288.20 	the methods of ASTM or other valid test methods adopted by rule,
288.21 	to determine whether the products comply with the specifications
288.22 	in section 239.761;
288.23 	(3) inspect petroleum product storage tanks to ensure that
288.24 	the products are free from water and impurities;
288.25 	(4) inspect and test samples submitted to the department by
288.26 	a licensed distributor, making the test results available to the
288.27 	distributor;
288.28 	(5) inspect the labeling, price posting, and price
288.29 	advertising of petroleum product dispensers and advertising
288.30 	signs at businesses or locations where petroleum products are
288.31 	sold, offered for sale or use, or dispensed into motor vehicles;
288.32 	(6) maintain records of all inspections and tests according
288.33 	to the records retention policies of the Department of
288.34 	Administration;
288.35 	(7) delegate to division personnel, at the director's
288.36 	discretion, any or all of the responsibilities, duties, and
289.1 	powers in sections 239.75 to 239.80;
289.2 	(8) publish octane test data and information to assist
289.3 	persons who use,produce and , distribute, or sell gasoline and
289.4 	gasoline-oxygenate blends petroleum-based heating and engine
289.5 	fuels;
289.6 	(9) register gasoline-oxygenate blenders according to the
289.7 	requirements of the EPA;
289.8 	(10) audit the records of any person responsible for the
289.9 	product to determine compliance with sections 239.75 to 239.792;
289.10 	(11) (10) after consulting with the commissioner of the
289.11 	Pollution Control Agency, grant a temporary exemption from the
289.12 	oxygenated gasoline gasoline-ethanol blending requirements in
289.13 	section 239.791 if the supply of oxygenate ethanol is
289.14 	insufficient to produce gasoline-oxygenate gasoline-ethanol 
289.15 	blends during an EPA-designated carbon monoxide control period;
289.16 	and
289.17 	(12) (11) adopt, as an enforcement policy for the division,
289.18 	reasonable margins of uncertainty for the tests used to
289.19 	determine compliance with the specifications in section 239.761,
289.20 	the oxygen percentages in section 239.791, and the octane
289.21 	requirements in section 239.792 and apply the margins of
289.22 	uncertainty to only tests performed by the division, not by
289.23 	adding the margins to uncertainties in tests performed by any
289.24 	person responsible for the product.

289.25 	Sec. 65. Minnesota Statutes 2004, section 239.75,
289.26 	subdivision 5, is amended to read:
289.27 		Subd. 5.Product quality, responsibility.  After a
289.28 	gasoline product petroleum-based engine fuel is purchased,
289.29 	transferred, or otherwise removed from a refinery or terminal,
289.30 	the person responsible for the product shall:
289.31 	(1) keep the product free from contamination with water and
289.32 	impurities;
289.33 	(2) not blend the product with dissimilar petroleum
289.34 	products, for example, gasoline must not be blended with diesel
289.35 	fuel;
289.36 	(3) not blend the product with any contaminant, dye,
290.1 	chemical, or additive, except:
290.2 	(i) agriculturally derived, denatured ethanol that complies
290.3 	with the specifications in this chapter;
290.4 	(ii) an antiknock additive, or an additive designed to
290.5 	replace tetra-ethyl lead, that is registered by the EPA; or 
290.6 	(iii) a dye to distinguish heating fuel from low sulfur
290.7 	diesel fuel; or 
290.8 	(iv) biodiesel fuel that complies with the specifications
290.9 	in this chapter;and
290.10 	(4) maintain a record of the name or chemical composition
290.11 	of the additive, with the product shipping manifest or bill of
290.12 	lading for one year after the date of the manifest or bill.

290.13 	Sec. 66. Minnesota Statutes 2004, section 239.761, is
290.14 	amended to read:
290.15 	239.761 PETROLEUM PRODUCT SPECIFICATIONS.
290.16 		Subdivision 1.Applicability. A person responsible for
290.17 	the product must meet the specifications in this section.  The
290.18 	specifications apply to petroleum products processed, held,
290.19 	stored, imported, transferred, distributed, offered for
290.20 	distribution, offered for sale or use, or sold in Minnesota.
290.21 		Subd. 2.Coordination with departments of revenue and
290.22 	agriculture. The petroleum product specifications in this
290.23 	section are intended to match the definitions and specifications
290.24 	in sections 41A.09 and 296A.01.  Petroleum products named in
290.25 	this section are defined in section 296A.01.
290.26 		Subd. 3.Gasoline. (a) Gasoline that is not blended with
290.27 	ethanol must not be contaminated with water or other impurities
290.28 	and must comply with ASTM specification D4814-01 D4814-04a.
290.29 	Gasoline that is not blended with ethanol must also comply with
290.30 	the volatility requirements in Code of Federal Regulations,
290.31 	title 40, part 80.
290.32 	(b) After gasoline is sold, transferred, or otherwise
290.33 	removed from a refinery or terminal, a person responsible for
290.34 	the product:
290.35 	(1) may blend the gasoline with agriculturally derived
290.36 	ethanol as provided in subdivision 4;
291.1 	(2) shall not blend the gasoline with any oxygenate other
291.2 	than denatured, agriculturally derived ethanol;
291.3 	(3) shall not blend the gasoline with other petroleum
291.4 	products that are not gasoline or denatured, agriculturally
291.5 	derived ethanol;
291.6 	(4) shall not blend the gasoline with products commonly and
291.7 	commercially known as casinghead gasoline, absorption gasoline,
291.8 	condensation gasoline, drip gasoline, or natural gasoline; and
291.9 	(5) may blend the gasoline with a detergent additive, an
291.10 	antiknock additive, or an additive designed to replace
291.11 	tetra-ethyl lead, that is registered by the EPA.
291.12 		Subd. 4.Gasoline blended with ethanol. (a) Gasoline may
291.13 	be blended with up to ten percent, by volume, agriculturally
291.14 	derived, denatured ethanol that complies with the requirements
291.15 	of subdivision 5.
291.16 	(b) A gasoline-ethanol blend must:
291.17 	(1) comply with the volatility requirements in Code of
291.18 	Federal Regulations, title 40, part 80;
291.19 	(2) comply with ASTM specification D4814-01 D4814-04a, or
291.20 	the gasoline base stock from which a gasoline-ethanol blend was
291.21 	produced must comply with ASTM specification D4814-01 D4814-04a;
291.22 	and
291.23 	(3) not be blended with casinghead gasoline, absorption
291.24 	gasoline, condensation gasoline, drip gasoline, or natural
291.25 	gasoline after the gasoline-ethanol blend has been sold,
291.26 	transferred, or otherwise removed from a refinery or terminal.
291.27 		Subd. 5.Denatured ethanol. Denatured ethanol that is to
291.28 	be blended with gasoline must be agriculturally derived and must
291.29 	comply with ASTM specification D4806-01 D4806-04a.  This
291.30 	includes the requirement that ethanol may be denatured only as
291.31 	specified in Code of Federal Regulations, title 27, parts 20 and
291.32 	21.
291.33 		Subd. 6.Gasoline blended with nonethanol oxygenate. (a)
291.34 	A person responsible for the product shall comply with the
291.35 	following requirements:
291.36 	(1) after July 1, 2000, gasoline containing in excess of
292.1 	one-third of one percent, in total, of nonethanol oxygenates
292.2 	listed in paragraph (b) must not be sold or offered for sale at
292.3 	any time in this state; and
292.4 	(2) after July 1, 2005, gasoline containing any of the
292.5 	nonethanol oxygenates listed in paragraph (b) must not be sold
292.6 	or offered for sale in this state.
292.7 	(b) The oxygenates prohibited under paragraph (a) are:
292.8 	(1) methyl tertiary butyl ether, as defined in section
292.9 	296A.01, subdivision 34;
292.10 	(2) ethyl tertiary butyl ether, as defined in section
292.11 	296A.01, subdivision 18; or
292.12 	(3) tertiary amyl methyl ether.
292.13 	(c) Gasoline that is blended with a nonethanol oxygenate
292.14 	must comply with ASTM specification D4814-01 D4814-04a.
292.15 	Nonethanol oxygenates must not be blended into gasoline after
292.16 	the gasoline has been sold, transferred, or otherwise removed
292.17 	from a refinery or terminal.
292.18 		Subd. 7.Heating fuel oil. Heating fuel oil must comply
292.19 	with ASTM specification D396-01 D396-02a.
292.20 		Subd. 8.Diesel fuel oil. Diesel fuel oil must comply
292.21 	with ASTM specification D975-01a D975-04b, except that diesel
292.22 	fuel oil is not required to meet the diesel lubricity standard
292.23 	until the date that the biodiesel fuel requirement in section
292.24 	239.77, subdivision 2, becomes effective or December 31, 2005,
292.25 	whichever comes first.
292.26 		Subd. 9.Kerosene. Kerosene must comply with ASTM
292.27 	specification D3699-01 D3699-03.
292.28 		Subd. 10.Aviation gasoline. Aviation gasoline must
292.29 	comply with ASTM specification D910-00 D910-04.
292.30 		Subd. 11.Aviation turbine fuel, jet fuel. Aviation
292.31 	turbine fuel and jet fuel must comply with ASTM specification
292.32 	D1655-01 D1655-04.
292.33 		Subd. 12.Gas turbine fuel oil. Fuel oil for use in
292.34 	nonaviation gas turbine engines must comply with ASTM
292.35 	specification D2880-00 D2880-03.
292.36 		Subd. 13.E85. A blend of ethanol and gasoline,
293.1 	containing at least 60 percent ethanol and not more than 85
293.2 	percent ethanol, produced for use as a motor fuel in alternative
293.3 	fuel vehicles as defined in section 296A.01, subdivision 5, must
293.4 	comply with ASTM specification D5798-99 (2004).
293.5 		Subd. 14.M85. A blend of methanol and gasoline,
293.6 	containing at least 85 percent methanol, produced for use as a
293.7 	motor fuel in alternative fuel vehicles as defined in section
293.8 	296A.01, subdivision 5, must comply with ASTM specification
293.9 	D5797-96.

293.10 	Sec. 67. Minnesota Statutes 2004, section 239.77, is
293.11 	amended by adding a subdivision to read:
293.12 		Subd. 4.Disclosure. A refinery or terminal shall
293.13 	provide, at the time diesel fuel is sold or transferred from the
293.14 	refinery or terminal, a bill of lading or shipping manifest to
293.15 	the person who receives the fuel.  For biodiesel-blended
293.16 	products, the bill of lading or shipping manifest must disclose
293.17 	biodiesel content, stating volume percentage, gallons of
293.18 	biodiesel per gallons of petroleum diesel base-stock, or an ASTM
293.19 	"Bxx" designation where "xx" denotes the volume percent
293.20 	biodiesel included in the blended product.  This subdivision
293.21 	does not apply to sales or transfers of biodiesel blend stock
293.22 	between refineries, between terminals, or between a refinery and
293.23 	a terminal.

293.24 	Sec. 68. Minnesota Statutes 2004, section 239.79,
293.25 	subdivision 4, is amended to read:
293.26 		Subd. 4.Sale of certain petroleum products on gross
293.27 	volume basis.  A person responsible for the products listed in
293.28 	this subdivision shall transfer, ship, distribute, offer for
293.29 	distribution, sell, or offer to sell the products by volume.
293.30 	Volumetric measurement of the product must not be temperature
293.31 	compensated, or adjusted by any other factor.  This subdivision
293.32 	applies to gasoline, number one and number two diesel fuel oils,
293.33 	number one and number two heating fuel oils, kerosene, denatured
293.34 	ethanol that is to be blended into gasoline, and an oxygenate
293.35 	that is to be blended into gasoline , and biodiesel.  This
293.36 	subdivision does not apply to the measurement of petroleum
294.1 	products transferred, sold, or traded between refineries,
294.2 	between refineries and terminals, or between terminals.

294.3 	Sec. 69. Minnesota Statutes 2004, section 239.791,
294.4 	subdivision 1, is amended to read:
294.5 		Subdivision 1.Minimum ethanol content required.  (a)
294.6 	Except as provided in subdivisions 10 to 14, a person
294.7 	responsible for the product shall ensure that all gasoline sold
294.8 	or offered for sale in Minnesota must contain at least 10.0
294.9 	percent denatured ethanol by volume.
294.10 	(b) For purposes of enforcing the minimum ethanol
294.11 	requirement of paragraph (a), a gasoline/ethanol blend will be
294.12 	construed to be in compliance if the ethanol content, exclusive
294.13 	of denaturants and permitted contaminants, comprises not less
294.14 	than 9.2 percent by volume and not more than 10.0 percent by
294.15 	volume of the blend as determined by an appropriate United
294.16 	States Environmental Protection Agency or American Society of
294.17 	Testing Materials standard method of analysis of alcohol/ether
294.18 	content in motor engine fuels.

294.19 	Sec. 70. Minnesota Statutes 2004, section 239.791,
294.20 	subdivision 7, is amended to read:
294.21 		Subd. 7.oxygenate ethanol records; state audit.  The
294.22 	director shall audit the records of registered oxygenate ethanol 
294.23 	blenders to ensure that each blender has met all requirements in
294.24 	this chapter.  Specific information or data relating to sales
294.25 	figures or to processes or methods of production unique to the
294.26 	blender or that would tend to adversely affect the competitive
294.27 	position of the blender must be only for the confidential use of
294.28 	the director, unless otherwise specifically authorized by the
294.29 	registered blender.

294.30 	Sec. 71. Minnesota Statutes 2004, section 239.791,
294.31 	subdivision 8, is amended to read:
294.32 		Subd. 8.Disclosure.  A refinery or terminal, shall
294.33 	provide, at the time gasoline is sold or transferred from the
294.34 	refinery or terminal, a bill of lading or shipping manifest to
294.35 	the person who receives the gasoline.  For oxygenated gasoline,
294.36 	the bill of lading or shipping manifest must include the
295.1 	identity and the volume percentage or gallons of oxygenate
295.2 	included in the gasoline, and it must state:  "This fuel
295.3 	contains an oxygenate.  Do not blend this fuel with ethanol or
295.4 	with any other oxygenate." For nonoxygenated gasoline sold or
295.5 	transferred before October 1, 1997, the bill or manifest must
295.6 	state:  "This fuel must not be sold at retail in a carbon
295.7 	monoxide control area." For nonoxygenated gasoline sold or
295.8 	transferred after September 30, 1997, the bill or manifest must
295.9 	state:  "This fuel is not oxygenated.  It must not be sold at
295.10 	retail in Minnesota."  This subdivision does not apply to sales
295.11 	or transfers of gasoline between refineries, between terminals,
295.12 	or between a refinery and a terminal.

295.13 	Sec. 72. Minnesota Statutes 2004, section 239.791,
295.14 	subdivision 15, is amended to read:
295.15 		Subd. 15.Exemption for certain blend pumps. (a) A
295.16 	person responsible for the product, who offers for sale, sells,
295.17 	or dispenses nonoxygenated premium gasoline under one or more of
295.18 	the exemptions in subdivisions 10 to 14, may sell, offer for
295.19 	sale, or dispense oxygenated gasoline that contains less than
295.20 	the minimum amount of ethanol required under subdivision 1 if
295.21 	all of the following conditions are met:
295.22 	(1) the blended gasoline has an octane rating of 88 or
295.23 	greater;
295.24 	(2) the gasoline is a blend of oxygenated gasoline meeting
295.25 	the requirements of subdivision 1 with nonoxygenated premium
295.26 	gasoline;
295.27 	(3) the blended gasoline contains not more than ten percent
295.28 	nonoxygenated premium gasoline;
295.29 	(4) the blending of oxygenated gasoline with nonoxygenated
295.30 	gasoline occurs within the gasoline dispenser; and
295.31 	(5) the gasoline station at which the gasoline is sold,
295.32 	offered for sale, or delivered is equipped to store gasoline in
295.33 	not more than two storage tanks.
295.34 	(b) This subdivision applies only to those persons who meet
295.35 	the conditions in paragraph (a),clauses (1) through (5),on the
295.36 	effective date of this act August 1, 2004,and have registered
296.1 	with the director within three months of the effective that date
296.2 	of this act.

296.3 	Sec. 73. Minnesota Statutes 2004, section 239.792, is
296.4 	amended to read:
296.5 	239.792  GASOLINE OCTANE AUTOMOTIVE FUEL RATINGS,
296.6 	CERTIFICATION, AND POSTING.
296.7 		Subdivision 1.disclosure duties of refiners, importers,
296.8 	and producers. A manufacturer, hauler, blender, agent, jobber,
296.9 	consignment agent refiner, importer, or distributor who sells,
296.10 	delivers, or distributes gasoline or gasoline-oxygenate blends,
296.11 	shall provide, at the time of delivery, a bill of lading or
296.12 	shipping manifest to the person who receives the gasoline.  The
296.13 	bill or manifest must state the minimum octane of the gasoline
296.14 	delivered.  The stated octane number must be the average of the
296.15 	"motor method" octane number and the "research method" octane
296.16 	number as determined by the test methods in ASTM specification
296.17 	D4814-01, or by a test method adopted by department
296.18 	rule producer of automotive fuel must comply with the automotive
296.19 	fuel rating, certification, and record-keeping requirements of
296.20 	Code of Federal Regulations, title 16, sections 306.5 to 306.7.
296.21 		Subd. 2.dispenser labeling duties of distributors. A
296.22 	person responsible for the product shall clearly, conspicuously,
296.23 	and permanently label each gasoline dispenser that is used to
296.24 	sell gasoline or gasoline-oxygenate blends at retail or to
296.25 	dispense gasoline or gasoline-oxygenate blends into the fuel
296.26 	supply tanks of motor vehicles, with the minimum octane of the
296.27 	gasoline dispensed.  The label must meet the following
296.28 	requirements:
296.29 	(a) The octane number displayed on the label must represent
296.30 	the average of the "motor method" octane number and the
296.31 	"research method" octane number as determined by the test
296.32 	methods in ASTM specification D4814-01, or by a test method
296.33 	adopted by department rule.
296.34 	(b) The label must be at least 2-1/2 inches high and three
296.35 	inches wide, with a yellow background, black border, and black
296.36 	figures and letters.
297.1 	(c) The number representing the octane of the gasoline must
297.2 	be at least one inch high.
297.3 	(d) The label must include the words "minimum octane" and
297.4 	the term "(R+M)/2" or "(RON+MON)/2." A licensed distributor of
297.5 	automotive fuel must comply with the certification and
297.6 	record-keeping provisions of Code of Federal Regulations, title
297.7 	16, sections 306.8 and 306.9.
297.8 		Subd. 3.Duties of retailers. A person responsible for
297.9 	the product who sells or transfers automotive fuel to a consumer
297.10 	must comply with the automotive fuel rating posting and
297.11 	record-keeping requirements, and the label specifications of
297.12 	Code of Federal Regulations, title 16, sections 306.10 to 306.12.
297.13 		Subd. 4.Duties of director. Upon request, the director
297.14 	shall provide any person with a copy of Code of Federal
297.15 	Regulations, title 16, part 306.  Upon request, the director
297.16 	shall provide any distributor, retailer, or organization of
297.17 	distributors or retailers with the label specifications in Code
297.18 	of Federal Regulations, title 16, section 306.12.

297.19 	Sec. 74. Minnesota Statutes 2004, section 268.19,
297.20 	subdivision 1, is amended to read:
297.21 		Subdivision 1.Use of data.  (a) Except as otherwise
297.22 	provided by this section, data gathered from any person pursuant
297.23 	to the administration of the Minnesota Unemployment Insurance
297.24 	Law are private data on individuals or nonpublic data not on
297.25 	individuals as defined in section 13.02, subdivisions 9 and 12,
297.26 	and may not be disclosed except pursuant to a court order or
297.27 	section 13.05.  A subpoena shall not be considered a court
297.28 	order.  These data may be disseminated to and used by the
297.29 	following agencies without the consent of the subject of the
297.30 	data:
297.31 	(1) state and federal agencies specifically authorized
297.32 	access to the data by state or federal law;
297.33 	(2) any agency of any other state or any federal agency
297.34 	charged with the administration of an unemployment insurance
297.35 	program;
297.36 	(3) any agency responsible for the maintenance of a system
298.1 	of public employment offices for the purpose of assisting
298.2 	individuals in obtaining employment;
298.3 	(4) human rights agencies within Minnesota that have
298.4 	enforcement powers;
298.5 	(5) the Department of Revenue only to the extent necessary
298.6 	for its duties under Minnesota laws;
298.7 	(6) public and private agencies responsible for
298.8 	administering publicly financed assistance programs for the
298.9 	purpose of monitoring the eligibility of the program's
298.10 	recipients;
298.11 	(7) the Department of Labor and Industry and the Division
298.12 	of Insurance Fraud Prevention in the Department of Commerce on
298.13 	an interchangeable basis with the department for uses consistent
298.14 	with the administration of their duties under Minnesota law;
298.15 	(8) local and state welfare agencies for monitoring the
298.16 	eligibility of the data subject for assistance programs, or for
298.17 	any employment or training program administered by those
298.18 	agencies, whether alone, in combination with another welfare
298.19 	agency, or in conjunction with the department or to monitor and
298.20 	evaluate the statewide Minnesota family investment program by
298.21 	providing data on recipients and former recipients of food
298.22 	stamps or food support, cash assistance under chapter 256, 256D,
298.23 	256J, or 256K, child care assistance under chapter 119B, or
298.24 	medical programs under chapter 256B, 256D, or 256L;
298.25 	(9) local and state welfare agencies for the purpose of
298.26 	identifying employment, wages, and other information to assist
298.27 	in the collection of an overpayment debt in an assistance
298.28 	program;
298.29 	(10) local, state, and federal law enforcement agencies for
298.30 	the sole purpose of ascertaining the last known address and
298.31 	employment location of a person who is the subject of a criminal
298.32 	investigation;
298.33 	(10) (11) the federal Immigration and Naturalization
298.34 	Service shall have access to data on specific individuals and
298.35 	specific employers provided the specific individual or specific
298.36 	employer is the subject of an investigation by that agency; and
299.1 	(11) (12) the Department of Health solely for the purposes
299.2 	of epidemiologic investigations.
299.3 	(b) Data on individuals and employers that are collected,
299.4 	maintained, or used by the department in an investigation
299.5 	pursuant to section 268.182 are confidential as to data on
299.6 	individuals and protected nonpublic data not on individuals as
299.7 	defined in section 13.02, subdivisions 3 and 13, and must not be
299.8 	disclosed except pursuant to statute or court order or to a
299.9 	party named in a criminal proceeding, administrative or
299.10 	judicial, for preparation of a defense.
299.11 	(c) Data gathered by the department pursuant to the
299.12 	administration of the Minnesota unemployment insurance program
299.13 	must not be made the subject or the basis for any suit in any
299.14 	civil proceedings, administrative or judicial, unless the action
299.15 	is initiated by the department.

299.16 	Sec. 75. [290.0676] EXPLORE MINNESOTA TOURISM TAX
299.17 	REPORT.
299.18 	Within 30 days of the end of each quarter, the Department
299.19 	of Revenue shall provide Explore Minnesota Tourism with a
299.20 	quarterly report of comparisons of quarterly sales taxes
299.21 	collected under the Standard Industrial Classification System,
299.22 	or equivalent codes in the North America Industry Classification
299.23 	System, in the following areas:
299.24 	(1) SIC 70, lodging;
299.25 	(2) SIC 79, amusement and recreation; and 
299.26 	(3) SIC 58, eating and drinking.

299.27 	EFFECTIVE DATE. This section is effective for taxable
299.28 	years beginning after December 31, 2004.

299.29 	Sec. 76. Minnesota Statutes 2004, section 296A.01,
299.30 	subdivision 2, is amended to read:
299.31 		Subd. 2.Agricultural alcohol gasoline.  "Agricultural
299.32 	alcohol gasoline" means a gasoline-ethanol blend of up to ten
299.33 	percent agriculturally derived fermentation ethanol derived from
299.34 	agricultural products, such as potatoes, cereal, grains, cheese
299.35 	whey, sugar beets, forest products, or other renewable
299.36 	resources, that:
300.1 	(1) meets the specifications in ASTM specification D4806-01 
300.2 	D4806-04a; and
300.3 	(2) is denatured as specified in Code of Federal
300.4 	Regulations, title 27, parts 20 and 21.

300.5 	Sec. 77. Minnesota Statutes 2004, section 296A.01,
300.6 	subdivision 7, is amended to read:
300.7 		Subd. 7.Aviation gasoline.  "Aviation gasoline" means
300.8 	any gasoline that is capable of use for the purpose of producing
300.9 	or generating power for propelling internal combustion engine
300.10 	aircraft, that meets the specifications in ASTM
300.11 	specification D910-00 D910-04, and that either:
300.12 	(1) is invoiced and billed by a producer, manufacturer,
300.13 	refiner, or blender to a distributor or dealer, by a distributor
300.14 	to a dealer or consumer, or by a dealer to consumer, as
300.15 	"aviation gasoline"; or
300.16 	(2) whether or not invoiced and billed as provided in
300.17 	clause (1), is received, sold, stored, or withdrawn from storage
300.18 	by any person, to be used for the purpose of producing or
300.19 	generating power for propelling internal combustion engine
300.20 	aircraft.

300.21 	Sec. 78. Minnesota Statutes 2004, section 296A.01,
300.22 	subdivision 8, is amended to read:
300.23 		Subd. 8.Aviation turbine fuel and jet fuel.  "Aviation
300.24 	turbine fuel" and "jet fuel" mean blends of hydrocarbons derived
300.25 	from crude petroleum, natural gasoline, and synthetic
300.26 	hydrocarbons, intended for use in aviation turbine engines, and
300.27 	that meet the specifications in ASTM specification
300.28 	D1655-01 D1655.04.

300.29 	Sec. 79. Minnesota Statutes 2004, section 296A.01,
300.30 	subdivision 14, is amended to read:
300.31 		Subd. 14.Diesel fuel oil.  "Diesel fuel oil" means a
300.32 	petroleum distillate or blend of petroleum distillate and
300.33 	residual fuels, intended for use as a motor fuel in internal
300.34 	combustion diesel engines, that meets the specifications in ASTM
300.35 	specification D975-01A D975-04b, except that diesel fuel oil is
300.36 	not required to meet the diesel lubricity standard until the
301.1 	date that the biodiesel fuel requirement in section 239.77,
301.2 	subdivision 2, becomes effective or December 31, 2005, whichever
301.3 	comes first.  Diesel fuel includes number 1 and number 2 fuel
301.4 	oils.  K-1 kerosene is not diesel fuel unless it is blended with
301.5 	diesel fuel for use in motor vehicles.

301.6 	Sec. 80. Minnesota Statutes 2004, section 296A.01,
301.7 	subdivision 19, is amended to read:
301.8 		Subd. 19.E85.  "E85" means a petroleum product that is a
301.9 	blend of agriculturally derived denatured ethanol and gasoline
301.10 	or natural gasoline that typically contains 85 percent ethanol
301.11 	by volume, but at a minimum must contain 60 percent ethanol by
301.12 	volume.  For the purposes of this chapter, the energy content of
301.13 	E85 will be considered to be 82,000 BTUs per gallon.  E85
301.14 	produced for use as a motor fuel in alternative fuel vehicles as
301.15 	defined in subdivision 5 must comply with ASTM specification
301.16 	D5798-99 (2004).

301.17 	Sec. 81. Minnesota Statutes 2004, section 296A.01,
301.18 	subdivision 20, is amended to read:
301.19 		Subd. 20.Ethanol, denatured.  "Ethanol, denatured" means
301.20 	ethanol that is to be blended with gasoline, has been
301.21 	agriculturally derived, and complies with ASTM specification
301.22 	D4806-01 D4806-04a.  This includes the requirement that ethanol
301.23 	may be denatured only as specified in Code of Federal
301.24 	Regulations, title 27, parts 20 and 21.

301.25 	Sec. 82. Minnesota Statutes 2004, section 296A.01,
301.26 	subdivision 22, is amended to read:
301.27 		Subd. 22.Gas turbine fuel oil.  "Gas turbine fuel oil"
301.28 	means fuel that contains mixtures of hydrocarbon oils free of
301.29 	inorganic acid and excessive amounts of solid or fibrous foreign
301.30 	matter, intended for use in nonaviation gas turbine engines, and
301.31 	that meets the specifications in ASTM specification
301.32 	D2880-00 D2880-03.

301.33 	Sec. 83. Minnesota Statutes 2004, section 296A.01,
301.34 	subdivision 23, is amended to read:
301.35 		Subd. 23.Gasoline.  (a) "Gasoline" means:
301.36 	(1) all products commonly or commercially known or sold as
302.1 	gasoline regardless of their classification or uses, except
302.2 	casinghead gasoline, absorption gasoline, condensation gasoline,
302.3 	drip gasoline, or natural gasoline that under the requirements
302.4 	of section 239.761, subdivision 3, must not be blended with
302.5 	gasoline that has been sold, transferred, or otherwise removed
302.6 	from a refinery or terminal; and
302.7 	(2) any liquid prepared, advertised, offered for sale or
302.8 	sold for use as, or commonly and commercially used as, a fuel in
302.9 	spark-ignition, internal combustion engines, and that when
302.10 	tested by the Weights and Measures Division meets the
302.11 	specifications in ASTM specification D4814-01 D4814-04a.
302.12 	(b) Gasoline that is not blended with ethanol must not be
302.13 	contaminated with water or other impurities and must comply with
302.14 	both ASTM specification D4814-01 D4814-04a and the volatility
302.15 	requirements in Code of Federal Regulations, title 40, part 80.
302.16 	(c) After gasoline is sold, transferred, or otherwise
302.17 	removed from a refinery or terminal, a person responsible for
302.18 	the product:
302.19 	(1) may blend the gasoline with agriculturally derived
302.20 	ethanol, as provided in subdivision 24;
302.21 	(2) must not blend the gasoline with any oxygenate other
302.22 	than denatured, agriculturally derived ethanol;
302.23 	(3) must not blend the gasoline with other petroleum
302.24 	products that are not gasoline or denatured, agriculturally
302.25 	derived ethanol;
302.26 	(4) must not blend the gasoline with products commonly and
302.27 	commercially known as casinghead gasoline, absorption gasoline,
302.28 	condensation gasoline, drip gasoline, or natural gasoline; and
302.29 	(5) may blend the gasoline with a detergent additive, an
302.30 	antiknock additive, or an additive designed to replace
302.31 	tetra-ethyl lead, that is registered by the EPA.

302.32 	Sec. 84. Minnesota Statutes 2004, section 296A.01,
302.33 	subdivision 24, is amended to read:
302.34 		Subd. 24.Gasoline blended with nonethanol oxygenate.
 302.35 	"Gasoline blended with nonethanol oxygenate" means gasoline
302.36 	blended with ETBE, MTBE, or other alcohol or ether, except
303.1 	denatured ethanol, that is approved as an oxygenate by the EPA,
303.2 	and that complies with ASTM specification D4814-01 D4814-04a.
303.3 	Oxygenates, other than denatured ethanol, must not be blended
303.4 	into gasoline after the gasoline has been sold, transferred, or
303.5 	otherwise removed from a refinery or terminal.

303.6 	Sec. 85. Minnesota Statutes 2004, section 296A.01,
303.7 	subdivision 25, is amended to read:
303.8 		Subd. 25.Gasoline blended with ethanol.  "Gasoline
303.9 	blended with ethanol" means gasoline blended with up to ten
303.10 	percent, by volume, agriculturally derived, denatured ethanol.
303.11 	The blend must comply with the volatility requirements in Code
303.12 	of Federal Regulations, title 40, part 80.  The blend must also
303.13 	comply with ASTM specification D4814-01 D4814-04a, or the
303.14 	gasoline base stock from which a gasoline-ethanol blend was
303.15 	produced must comply with ASTM specification D4814-01 D4814-04a;
303.16 	and the gasoline-ethanol blend must not be blended with
303.17 	casinghead gasoline, absorption gasoline, condensation gasoline,
303.18 	drip gasoline, or natural gasoline after the gasoline-ethanol
303.19 	blend has been sold, transferred, or otherwise removed from a
303.20 	refinery or terminal.  The blend need not comply with ASTM
303.21 	specification D4814-01 D4814-04a if it is subjected to a
303.22 	standard distillation test.  For a distillation test, a
303.23 	gasoline-ethanol blend is not required to comply with the
303.24 	temperature specification at the 50 percent liquid recovery
303.25 	point, if the gasoline from which the gasoline-ethanol blend was
303.26 	produced complies with all of the distillation specifications.

303.27 	Sec. 86. Minnesota Statutes 2004, section 296A.01,
303.28 	subdivision 26, is amended to read:
303.29 		Subd. 26.Heating fuel oil.  "Heating fuel oil" means a
303.30 	petroleum distillate, blend of petroleum distillates and
303.31 	residuals, or petroleum residual heating fuel that meets the
303.32 	specifications in ASTM specification D396-01 D396-02a.

303.33 	Sec. 87. Minnesota Statutes 2004, section 296A.01,
303.34 	subdivision 28, is amended to read:
303.35 		Subd. 28.Kerosene.  "Kerosene" means a refined petroleum
303.36 	distillate consisting of a homogeneous mixture of hydrocarbons
304.1 	essentially free of water, inorganic acidic and basic compounds,
304.2 	and excessive amounts of particulate contaminants and that meets
304.3 	the specifications in ASTM specification D3699-01 D3699-03.

304.4 	Sec. 88. Minnesota Statutes 2004, section 298.22, is
304.5 	amended by adding a subdivision to read:
304.6 		Subd. 9.Sale or privatization of functions. The
304.7 	commissioner of Iron Range resources and rehabilitation may not
304.8 	sell or privatize the Ironworld Discovery Center or Giants Ridge
304.9 	Golf and Ski Resort without prior approval by a majority vote of
304.10 	the board.

304.11 	Sec. 89. Minnesota Statutes 2004, section 298.28,
304.12 	subdivision 9b, is amended to read:
304.13 		Subd. 9b.Taconite environmental fund.  Five cents per
304.14 	ton for distributions in 1999, 2000, 2001, 2002, and 2003 must
304.15 	be paid to the taconite environmental fund for use under section
304.16 	298.2961, subdivision 4.
304.17 	
EFFECTIVE DATE. This section is effective for
304.18 	distributions in 2005 and later years.

304.19 	Sec. 90. Minnesota Statutes 2004, section 298.28,
304.20 	subdivision 10, is amended to read:
304.21 		Subd. 10.Increase. (a) Except as provided in paragraph
304.22 	(b),beginning with distributions in 2000, the amount determined
304.23 	under subdivision 9 shall be increased in the same proportion as
304.24 	the increase in the implicit price deflator as provided in
304.25 	section 298.24, subdivision 1.  Beginning with distributions in
304.26 	2003, the amount determined under subdivision 6, paragraph (a),
304.27 	shall be increased in the same proportion as the increase in the
304.28 	implicit price deflator as provided in section 298.24,
304.29 	subdivision 1.
304.30 	(b) For distributions in 2005 and subsequent years, an
304.31 	amount equal to the increased tax proceeds attributable to the
304.32 	increase in the implicit price deflator as provided in section
304.33 	298.24, subdivision 1, for taxes paid in 2005, except for the
304.34 	amount of revenue increases provided in subdivision 4, paragraph
304.35 	(d), is distributed to the grant and loan fund established in
304.36 	section 298.2961, subdivision 4.

305.1 	Sec. 91. Minnesota Statutes 2004, section 298.2961, is
305.2 	amended by adding a subdivision to read:
305.3 		Subd. 4.Grant and loan fund. (a) A fund is established
305.4 	to receive distributions under section 298.28, subdivision 9b,
305.5 	and to make grants or loans as provided in this subdivision.
305.6 	Any grant or loan made under this subdivision must be approved
305.7 	by a majority of the members of the Iron Range Resources and
305.8 	Rehabilitation Board, established under section 298.22.
305.9 	(b) Distributions received in calendar year 2005 are
305.10 	allocated to the city of Virginia for improvements and repairs
305.11 	to the city's steam heating system.
305.12 	(c) Distributions received in calendar year 2006 are
305.13 	allocated to a project of the public utilities commissions of
305.14 	the cities of Hibbing and Virginia to convert their electrical
305.15 	generating plants to the use of biomass products, such as wood.
305.16 	(d) Distributions received in calendar year 2007 must be
305.17 	paid to the city of Tower to be used for the East Two Rivers
305.18 	project in or near the city of Tower.
305.19 	(e) For distributions received in 2008 and later, amounts
305.20 	may be allocated to joint ventures with mining companies for
305.21 	reclamation of lands containing abandoned or worked out mines to
305.22 	convert these lands to marketable properties for residential,
305.23 	recreational, commercial, or other valuable uses.
305.24 	
EFFECTIVE DATE. This section is effective the day
305.25 	following final enactment.

305.26 	Sec. 92. Minnesota Statutes 2004, section 325E.311,
305.27 	subdivision 6, is amended to read:
305.28 		Subd. 6.Telephone solicitation.  "Telephone
305.29 	solicitation" means any voice communication over a telephone
305.30 	line for the purpose of encouraging the purchase or rental of,
305.31 	or investment in, property, goods, or services, whether the
305.32 	communication is made by a live operator, through the use of an
305.33 	automatic dialing-announcing device as defined in section
305.34 	325E.26, subdivision 2, or by other means.  Telephone
305.35 	solicitation does not include communications:
305.36 	(1) to any residential subscriber with that subscriber's
306.1 	prior express invitation or permission; or 
306.2 	(2) by or on behalf of any person or entity with whom a
306.3 	residential subscriber has a prior or current business or
306.4 	personal relationship;.
306.5 	Telephone solicitation also does not include communications if
306.6 	the caller is identified by a caller identification service and
306.7 	the call is:
306.8 	(3) (i) by or on behalf of an organization that is
306.9 	identified as a nonprofit organization under state or federal
306.10 	law; or 
306.11 	(4) (ii) by a person soliciting without the intent to
306.12 	complete, and who does not in fact complete, the sales
306.13 	presentation during the call, but who will complete the sales
306.14 	presentation at a later face-to-face meeting between the
306.15 	solicitor who makes the call and the prospective purchaser; or 
306.16 	(iii) by a political party as defined under section 200.02,
306.17 	subdivision 6.

306.18 	Sec. 93. [325F.991] 911 EMERGENCY PHONE SERVICE
306.19 	REPRESENTATIONS.
306.20 		Subdivision 1.Definitions. For purposes of this
306.21 	section, the terms defined in this subdivision have the meanings
306.22 	given them.
306.23 	(a) "911 emergency telecommunications system" means a
306.24 	dedicated emergency telecommunications system required by
306.25 	section 403.025.
306.26 	(b) "Person" means an individual, corporation, firm, or
306.27 	other legal entity.
306.28 	(c) "Service provider" means a person doing business in
306.29 	Minnesota who provides real time, two-way voice service
306.30 	interconnected with the public switched telephone network using
306.31 	numbers allocated for Minnesota by the North American Numbering
306.32 	Plan Administration.
306.33 		Subd. 2.Representations of 911 service. A person shall
306.34 	not advertise, market, or otherwise represent that the person
306.35 	furnishes a service capable of providing access to emergency
306.36 	services by dialing 911 unless the person provides a service
307.1 	that routes 911 calls through the 911 emergency
307.2 	telecommunications system.
307.3 		Subd. 3.Disclosure. A service provider that does not
307.4 	provide 911 dialing that routes 911 calls through the 911
307.5 	emergency telecommunications system must disclose that fact in
307.6 	all advertisements, marketing materials, and contracts.  The
307.7 	disclosure must be in capital letters, in 12-point font, and on
307.8 	the front page of the advertisement, marketing materials, and
307.9 	contracts.  The disclosure must state:  "THIS SERVICE DOES NOT
307.10 	ROUTE 911 CALLS THROUGH THE 911 EMERGENCY SYSTEM." 
307.11 		Subd. 4.Certain calls not 911 calls. For purposes of
307.12 	this section, 911 calls routed to the general access number at a
307.13 	public safety answering point do not qualify as being routed
307.14 	through a 911 emergency telecommunications system.
307.15 	
EFFECTIVE DATE. This section is effective the day
307.16 	following final enactment.

307.17 	Sec. 94. Minnesota Statutes 2004, section 326.975,
307.18 	subdivision 1, is amended to read:
307.19 		Subdivision 1.Generally.  (a) In addition to any other
307.20 	fees, each applicant for a license under sections 326.83 to
307.21 	326.98 shall pay a fee to the contractor's recovery fund.  The
307.22 	contractor's recovery fund is created in the state treasury and
307.23 	must be administered by the commissioner in the manner and
307.24 	subject to all the requirements and limitations provided by
307.25 	section 82.43 with the following exceptions:
307.26 	(1) each licensee who renews a license shall pay in
307.27 	addition to the appropriate renewal fee an additional fee which
307.28 	shall be credited to the contractor's recovery fund.  The amount
307.29 	of the fee shall be based on the licensee's gross annual
307.30 	receipts for the licensee's most recent fiscal year preceding
307.31 	the renewal, on the following scale:
307.32 	Fee           Gross Receipts
307.33 	          $100          under $1,000,000
307.34 	          $150          $1,000,000 to $5,000,000
307.35 	          $200          over $5,000,000
307.36 	Any person who receives a new license shall pay a fee based on
308.1 	the same scale;
308.2 	(2) the sole purpose of this fund is:
308.3 	(i) to compensate any aggrieved owner or lessee of
308.4 	residential property located within this state who obtains a
308.5 	final judgment in any court of competent jurisdiction against a
308.6 	licensee licensed under section 326.84, on grounds of
308.7 	fraudulent, deceptive, or dishonest practices, conversion of
308.8 	funds, or failure of performance arising directly out of any
308.9 	transaction when the judgment debtor was licensed and performed
308.10 	any of the activities enumerated under section 326.83,
308.11 	subdivision 19, on the owner's residential property or on
308.12 	residential property rented by the lessee, or on new residential
308.13 	construction which was never occupied prior to purchase by the
308.14 	owner, or which was occupied by the licensee for less than one
308.15 	year prior to purchase by the owner, and which cause of action
308.16 	arose on or after April 1, 1994; and 
308.17 	(ii) to reimburse the Department of Commerce for all legal
308.18 	and administrative expenses, including staffing costs, incurred
308.19 	in administering the fund;
308.20 	(3) nothing may obligate the fund for more than $50,000 per
308.21 	claimant, nor more than $75,000 per licensee; and
308.22 	(4) nothing may obligate the fund for claims based on a
308.23 	cause of action that arose before the licensee paid the recovery
308.24 	fund fee set in clause (1), or as provided in section 326.945,
308.25 	subdivision 3.
308.26 	(b) Should the commissioner pay from the contractor's
308.27 	recovery fund any amount in settlement of a claim or toward
308.28 	satisfaction of a judgment against a licensee, the license shall
308.29 	be automatically suspended upon the effective date of an order
308.30 	by the court authorizing payment from the fund.  No licensee
308.31 	shall be granted reinstatement until the licensee has repaid in
308.32 	full, plus interest at the rate of 12 percent a year, twice the
308.33 	amount paid from the fund on the licensee's account, and has
308.34 	obtained a surety bond issued by an insurer authorized to
308.35 	transact business in this state in the amount of at least
308.36 	$40,000.

309.1 	Sec. 95. Minnesota Statutes 2004, section 345.47,
309.2 	subdivision 3, is amended to read:
309.3 		Subd. 3.Securities.  Securities listed on an established
309.4 	stock exchange shall be sold at the prevailing prices on the
309.5 	exchange.  Other securities may be sold over the counter at
309.6 	prevailing prices or, with prior approval of the State Board of
309.7 	Investment,by another method the commissioner determines
309.8 	advisable.  United States government savings bonds and United
309.9 	States war bonds shall be presented to the United States for
309.10 	payment.

309.11 	Sec. 96. Minnesota Statutes 2004, section 345.47,
309.12 	subdivision 3a, is amended to read:
309.13 		Subd. 3a.Holding period. All securities presumed
309.14 	abandoned under section 345.35 and delivered to the commissioner
309.15 	must be held for at least three years before they are sold.  A
309.16 	person making a claim under this section is entitled to receive
309.17 	either the securities delivered to the commissioner by the
309.18 	holder, if they still remain in the hands of the commissioner,
309.19 	or the proceeds received from the sale, but no person has any
309.20 	claim under this section against the state, the holder, any
309.21 	transfer agent, registrar, or other person acting for or on
309.22 	behalf of a holder for any appreciation in the value of the
309.23 	property occurring after delivery by the holder to the
309.24 	commissioner.If the property is of a type customarily sold on
309.25 	a recognized market or of a type that may be sold over the
309.26 	counter at prevailing prices, the commissioner may sell the
309.27 	property without notice by publication or otherwise.  The
309.28 	commissioner may proceed with the liquidation after holding for
309.29 	one year, with the exception of securities being held as the
309.30 	result of an insurance company demutualization, these types of
309.31 	securities may be sold upon receipt.  This section grants to the
309.32 	commissioner express authority to sell any property, including,
309.33 	but not limited to, stocks, bonds, notes, bills, and all other
309.34 	public or private securities.  A person making a claim under
309.35 	section 345.35 is entitled to receive the securities delivered
309.36 	to the administrator by the holder, if they remain in the
310.1 	custody of the administrator, or the net proceeds received from
310.2 	sale, and is not entitled to receive any appreciation in the
310.3 	value of the property occurring after sale by the commissioner.
310.4 	The commissioner may liquidate all unclaimed securities
310.5 	currently held in custody in accordance with this section.

310.6 	Sec. 97. Minnesota Statutes 2004, section 353.657,
310.7 	subdivision 1, is amended to read:
310.8 		Subdivision 1.Generally.  In the event a member of the
310.9 	police and fire fund dies from any cause before retirement or
310.10 	after becoming disabled and receiving disability benefits, the
310.11 	association shall grant survivor benefits to a surviving spouse,
310.12 	as defined in section 353.01, subdivision 20, and who was
310.13 	married to the member for a period of at least one year, except
310.14 	that if death occurs in the line of duty no time limit is
310.15 	required. For purposes of this section, line of duty also
310.16 	includes active military service, as defined in section 190.05,
310.17 	subdivision 5.The association shall also grant survivor
310.18 	benefits to a dependent child or children, as defined in section
310.19 	353.01, subdivision 15.
310.20 	Notwithstanding the definition of surviving spouse, a
310.21 	former spouse of the member, if any, is entitled to a portion of
310.22 	the monthly surviving spouse benefit if stipulated under the
310.23 	terms of a marriage dissolution decree filed with the
310.24 	association.  If there is no surviving spouse or child or
310.25 	children, a former spouse may be entitled to a lump-sum refund
310.26 	payment under section 353.32, subdivision 1, if provided for in
310.27 	a marriage dissolution decree but not a monthly surviving spouse
310.28 	benefit despite the terms of a marriage dissolution decree filed
310.29 	with the association.
310.30 	The spouse and child or children are entitled to monthly
310.31 	benefits as provided in the following subdivisions.
310.32 	
EFFECTIVE DATE. This section is effective immediately and
310.33 	applies to members of the police and fire fund at any time on or
310.34 	after September 11, 2001.

310.35 	Sec. 98. [354B.33] IRON RANGE RESOURCES AND
310.36 	REHABILITATION; EARLY SEPARATION INCENTIVE PROGRAM
311.1 	AUTHORIZATION.
311.2 	(a) Notwithstanding any law to the contrary, the
311.3 	commissioner of Iron Range resources and rehabilitation, in
311.4 	consultation with the commissioner of employee relations, may
311.5 	offer a targeted early separation incentive program for
311.6 	employees of the commissioner who have attained the age of 60
311.7 	years and have at least five years of allowable service credit
311.8 	under chapter 352, or who have received credit for at least 30
311.9 	years of allowable service under the provisions of chapter 352.
311.10 	(b) The early separation incentive program may include one
311.11 	or more of the following:
311.12 	(1) employer-paid postseparation health, medical, and
311.13 	dental insurance until age 65; and 
311.14 	(2) cash incentives that may, but are not required to be,
311.15 	used to purchase additional years of service credit through the
311.16 	Minnesota State Retirement System, to the extent that the
311.17 	purchases are otherwise authorized by law.
311.18 	(c) The commissioner of Iron Range resources and
311.19 	rehabilitation shall establish eligibility requirements for
311.20 	employees to receive an incentive.
311.21 	(d) The commissioner of Iron Range Resources and
311.22 	Rehabilitation, consistent with the established program
311.23 	provisions under paragraph (b), and with the eligibility
311.24 	requirements under paragraph (c), may designate specific
311.25 	programs or employees as eligible to be offered the incentive
311.26 	program.
311.27 	(e) Acceptance of the offered incentive must be voluntary
311.28 	on the part of the employee and must be in writing.  The
311.29 	incentive may only be offered at the sole discretion of the
311.30 	commissioner of Iron Range resources and rehabilitation.
311.31 	(f) The cost of the incentive is payable solely by funds
311.32 	made available to the commissioner of Iron Range resources and
311.33 	rehabilitation by law, but only on prior approval of the
311.34 	expenditures by a majority of the Iron Range Resources and
311.35 	Rehabilitation Board.
311.36 	(g) This section expires June 30, 2006.

312.1 	EFFECTIVE DATE. This section is effective the day
312.2 	following final enactment.

312.3 	Sec. 99. Minnesota Statutes 2004, section 357.021,
312.4 	subdivision 1a, is amended to read:
312.5 		Subd. 1a.Transmittal of fees to commissioner of
312.6 	finance.  (a) Every person, including the state of Minnesota and
312.7 	all bodies politic and corporate, who shall transact any
312.8 	business in the district court, shall pay to the court
312.9 	administrator of said court the sundry fees prescribed in
312.10 	subdivision 2.  Except as provided in paragraph (d), the court
312.11 	administrator shall transmit the fees monthly to the
312.12 	commissioner of finance for deposit in the state treasury and
312.13 	credit to the general fund. $30 of each fee collected in a
312.14 	dissolution action under subdivision 2, clause (1), must be
312.15 	deposited by the commissioner of finance in the special revenue
312.16 	fund and is appropriated to the commissioner of employment and
312.17 	economic development for the displaced homemaker program under
312.18 	section 116L.96.
312.19 	(b) In a county which has a screener-collector position,
312.20 	fees paid by a county pursuant to this subdivision shall be
312.21 	transmitted monthly to the county treasurer, who shall apply the
312.22 	fees first to reimburse the county for the amount of the salary
312.23 	paid for the screener-collector position.  The balance of the
312.24 	fees collected shall then be forwarded to the commissioner of
312.25 	finance for deposit in the state treasury and credited to the
312.26 	general fund.  In a county in a judicial district under section
312.27 	480.181, subdivision 1, paragraph (b), which has a
312.28 	screener-collector position, the fees paid by a county shall be
312.29 	transmitted monthly to the commissioner of finance for deposit
312.30 	in the state treasury and credited to the general fund.  A
312.31 	screener-collector position for purposes of this paragraph is an
312.32 	employee whose function is to increase the collection of fines
312.33 	and to review the incomes of potential clients of the public
312.34 	defender, in order to verify eligibility for that service.
312.35 	(c) No fee is required under this section from the public
312.36 	authority or the party the public authority represents in an
313.1 	action for:
313.2 	(1) child support enforcement or modification, medical
313.3 	assistance enforcement, or establishment of parentage in the
313.4 	district court, or in a proceeding under section 484.702;
313.5 	(2) civil commitment under chapter 253B;
313.6 	(3) the appointment of a public conservator or public
313.7 	guardian or any other action under chapters 252A and 525;
313.8 	(4) wrongfully obtaining public assistance under section
313.9 	256.98 or 256D.07, or recovery of overpayments of public
313.10 	assistance;
313.11 	(5) court relief under chapter 260;
313.12 	(6) forfeiture of property under sections 169A.63 and
313.13 	609.531 to 609.5317;
313.14 	(7) recovery of amounts issued by political subdivisions or
313.15 	public institutions under sections 246.52, 252.27, 256.045,
313.16 	256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37, 260B.331,
313.17 	and 260C.331, or other sections referring to other forms of
313.18 	public assistance;
313.19 	(8) restitution under section 611A.04; or
313.20 	(9) actions seeking monetary relief in favor of the state
313.21 	pursuant to section 16D.14, subdivision 5.
313.22 	(d) The fees collected for child support modifications
313.23 	under subdivision 2, clause (13), must be transmitted to the
313.24 	county treasurer for deposit in the county general fund.  The
313.25 	fees must be used by the county to pay for child support
313.26 	enforcement efforts by county attorneys.

313.27 	Sec. 100. Minnesota Statutes 2004, section 357.021,
313.28 	subdivision 2, is amended to read:
313.29 		Subd. 2.Fee amounts.  The fees to be charged and
313.30 	collected by the court administrator shall be as follows:
313.31 	(1) In every civil action or proceeding in said court,
313.32 	including any case arising under the tax laws of the state that
313.33 	could be transferred or appealed to the Tax Court, the
313.34 	plaintiff, petitioner, or other moving party shall pay, when the
313.35 	first paper is filed for that party in said action, a fee of
313.36 	$235 $240, except in marriage dissolution actions the fee is
314.1 	$270.
314.2 	The defendant or other adverse or intervening party, or any
314.3 	one or more of several defendants or other adverse or
314.4 	intervening parties appearing separately from the others, shall
314.5 	pay, when the first paper is filed for that party in said
314.6 	action, a fee of $235 $240, except in marriage dissolution
314.7 	actions the fee is $270.
314.8 	The party requesting a trial by jury shall pay $75.
314.9 	The fees above stated shall be the full trial fee
314.10 	chargeable to said parties irrespective of whether trial be to
314.11 	the court alone, to the court and jury, or disposed of without
314.12 	trial, and shall include the entry of judgment in the action,
314.13 	but does not include copies or certified copies of any papers so
314.14 	filed or proceedings under chapter 103E, except the provisions
314.15 	therein as to appeals.
314.16 	(2) Certified copy of any instrument from a civil or
314.17 	criminal proceeding, $10, and $5 for an uncertified copy.
314.18 	(3) Issuing a subpoena, $12 for each name.
314.19 	(4) Filing a motion or response to a motion in civil,
314.20 	family, excluding child support, and guardianship cases, $55.
314.21 	(5) Issuing an execution and filing the return thereof;
314.22 	issuing a writ of attachment, injunction, habeas corpus,
314.23 	mandamus, quo warranto, certiorari, or other writs not
314.24 	specifically mentioned, $40.
314.25 	(6) Issuing a transcript of judgment, or for filing and
314.26 	docketing a transcript of judgment from another court, $30.
314.27 	(7) Filing and entering a satisfaction of judgment, partial
314.28 	satisfaction, or assignment of judgment, $5.
314.29 	(8) Certificate as to existence or nonexistence of
314.30 	judgments docketed, $5 for each name certified to.
314.31 	(9) Filing and indexing trade name; or recording basic
314.32 	science certificate; or recording certificate of physicians,
314.33 	osteopaths, chiropractors, veterinarians, or optometrists, $5.
314.34 	(10) For the filing of each partial, final, or annual
314.35 	account in all trusteeships, $40.
314.36 	(11) For the deposit of a will, $20.
315.1 	(12) For recording notary commission, $100, of which,
315.2 	notwithstanding subdivision 1a, paragraph (b), $80 must be
315.3 	forwarded to the commissioner of finance to be deposited in the
315.4 	state treasury and credited to the general fund.
315.5 	(13) Filing a motion or response to a motion for
315.6 	modification of child support, a fee fixed by rule or order of
315.7 	the Supreme Court.
315.8 	(14) All other services required by law for which no fee is
315.9 	provided, such fee as compares favorably with those herein
315.10 	provided, or such as may be fixed by rule or order of the court.
315.11 	(15) In addition to any other filing fees under this
315.12 	chapter, a surcharge in the amount of $75 must be assessed in
315.13 	accordance with section 259.52, subdivision 14, for each
315.14 	adoption petition filed in district court to fund the fathers'
315.15 	adoption registry under section 259.52.
315.16 	The fees in clauses (3) and (5) need not be paid by a
315.17 	public authority or the party the public authority represents.

315.18 	Sec. 101. Minnesota Statutes 2004, section 373.40,
315.19 	subdivision 1, is amended to read:
315.20 		Subdivision 1.Definitions.  For purposes of this
315.21 	section, the following terms have the meanings given.
315.22 	(a) "Bonds" means an obligation as defined under section
315.23 	475.51.
315.24 	(b) "Capital improvement" means acquisition or betterment
315.25 	of public lands, development rights in the form of conservation
315.26 	easements under chapter 84C, buildings, or other improvements
315.27 	within the county for the purpose of a county courthouse,
315.28 	administrative building, health or social service facility,
315.29 	correctional facility, jail, law enforcement center, hospital,
315.30 	morgue, library, park, qualified indoor ice arena, and roads and
315.31 	bridges.  An improvement must have an expected useful life of
315.32 	five years or more to qualify.  "Capital improvement" does not
315.33 	include light rail transit or any activity related to it or a
315.34 	recreation or sports facility building (such as, but not limited
315.35 	to, a gymnasium, ice arena, racquet sports facility, swimming
315.36 	pool, exercise room or health spa), unless the building is part
316.1 	of an outdoor park facility and is incidental to the primary
316.2 	purpose of outdoor recreation.
316.3 	(c) "Commissioner" means the commissioner of employment and
316.4 	economic development.
316.5 	(d) "Metropolitan county" means a county located in the
316.6 	seven-county metropolitan area as defined in section 473.121 or
316.7 	a county with a population of 90,000 or more.
316.8 	(e) (d) "Population" means the population established by
316.9 	the most recent of the following (determined as of the date the
316.10 	resolution authorizing the bonds was adopted):
316.11 	(1) the federal decennial census,
316.12 	(2) a special census conducted under contract by the United
316.13 	States Bureau of the Census, or
316.14 	(3) a population estimate made either by the Metropolitan
316.15 	Council or by the state demographer under section 4A.02.
316.16 	(f) (e) "Qualified indoor ice arena" means a facility that
316.17 	meets the requirements of section 373.43.
316.18 	(g) (f) "Tax capacity" means total taxable market value,
316.19 	but does not include captured market value.

316.20 	Sec. 102. Minnesota Statutes 2004, section 373.40,
316.21 	subdivision 3, is amended to read:
316.22 		Subd. 3.Capital improvement plan.  (a) A county may
316.23 	adopt a capital improvement plan.  The plan must cover at least
316.24 	the five-year period beginning with the date of its adoption.
316.25 	The plan must set forth the estimated schedule, timing, and
316.26 	details of specific capital improvements by year, together with
316.27 	the estimated cost, the need for the improvement, and sources of
316.28 	revenues to pay for the improvement.  In preparing the capital
316.29 	improvement plan, the county board must consider for each
316.30 	project and for the overall plan:
316.31 	(1) the condition of the county's existing infrastructure,
316.32 	including the projected need for repair or replacement;
316.33 	(2) the likely demand for the improvement;
316.34 	(3) the estimated cost of the improvement;
316.35 	(4) the available public resources;
316.36 	(5) the level of overlapping debt in the county;
317.1 	(6) the relative benefits and costs of alternative uses of
317.2 	the funds;
317.3 	(7) operating costs of the proposed improvements; and
317.4 	(8) alternatives for providing services more efficiently
317.5 	through shared facilities with other counties or local
317.6 	government units.
317.7 	(b) The capital improvement plan and annual amendments to
317.8 	it must be are not effective until approved by the county board
317.9 	after public hearing. The county must submit the capital
317.10 	improvement plan to the community development division of the
317.11 	Department of Employment and Economic Development.  The plan is
317.12 	not effective if the commissioner disapproves the plan within 90
317.13 	days after it was submitted.  If the commissioner has not
317.14 	disapproved the plan within 90 days after its submission, the
317.15 	plan is deemed approved and effective.  The commissioner shall
317.16 	disapprove a capital improvement plan only if the commissioner
317.17 	determines (1) that the planned improvements cannot be financed
317.18 	within the limits specified in subdivision 4, or (2) the county
317.19 	in preparing the plan did not consider the factors listed in
317.20 	this subdivision or failed to gather the information necessary
317.21 	to evaluate the plan under the factors, or (3) the proposed
317.22 	improvements will result in unnecessary duplication of public
317.23 	facilities provided by other units of government in the region
317.24 	or there is insufficient demand for the facility.  If the plan
317.25 	is disapproved by the commissioner and the county board does not
317.26 	withdraw the plan, the capital improvement plan must be
317.27 	submitted to the voters for approval.  If a majority of the
317.28 	voters approve, the plan is approved and effective.

317.29 	Sec. 103. Minnesota Statutes 2004, section 462A.05,
317.30 	subdivision 3a, is amended to read:
317.31 		Subd. 3a.Refinancing nonprofits; residential housing.
 317.32 	It may refinance the existing indebtedness of nonprofit
317.33 	entities, as defined by the agency owners of rental property,
317.34 	secured by residential housing for occupancy by persons and
317.35 	families of low and moderate income, if refinancing is
317.36 	determined by the agency to be necessary to reduce housing costs
318.1 	to an affordable level or to maintain the supply of affordable
318.2 	low-income housing.  The authority granted in this subdivision
318.3 	is in addition to and not in limitation of the authority granted
318.4 	in section 462A.05, subdivision 14.

318.5 	Sec. 104. Minnesota Statutes 2004, section 462A.33,
318.6 	subdivision 2, is amended to read:
318.7 		Subd. 2.Eligible recipients.  Challenge grants or loans
318.8 	may be made to a city, a federally recognized American Indian
318.9 	tribe or subdivision located in Minnesota, a tribal housing
318.10 	corporation,a private developer, a nonprofit organization, or
318.11 	the owner of the housing, including individuals.  For the
318.12 	purpose of this section, "city" has the meaning given it in
318.13 	section 462A.03, subdivision 21.  To the extent practicable,
318.14 	grants and loans shall be made so that an approximately equal
318.15 	number of housing units are financed in the metropolitan area
318.16 	and in the nonmetropolitan area.

318.17 	Sec. 105. Minnesota Statutes 2004, section 469.050,
318.18 	subdivision 5, is amended to read:
318.19 		Subd. 5.Pay.  A commissioner, including the president,
318.20 	must be paid $35 compensated as provided in section 15.0575,
318.21 	subdivision 3,for each regular or special port authority
318.22 	meeting attended and shall receive reimbursement for expenses
318.23 	incurred while performing duties.  The advisory members of the
318.24 	Duluth authority from the legislature must not be paid for their
318.25 	service to the authority.

318.26 	Sec. 106. Minnesota Statutes 2004, section 469.1082,
318.27 	subdivision 1, is amended to read:
318.28 		Subdivision 1.Authority to create.  A county located
318.29 	outside the metropolitan area may form a county economic
318.30 	development authority or grant a housing and redevelopment
318.31 	authority the powers specified in subdivision 4, clause (2), if
318.32 	it receives a recommendation to do so from a committee formed
318.33 	under subdivision 2.  An economic development authority
318.34 	established under this section has all the powers and rights of
318.35 	an authority under sections 469.090 to 469.1081, except the
318.36 	authority granted under section 469.094 if so limited under
319.1 	subdivision 4.  This section is in addition to any other
319.2 	authority to create a county economic development authority or
319.3 	service provider.
319.4 	Nothing in this section shall alter or impair any grant of
319.5 	powers, or any other authority granted to a community
319.6 	development agency, a county housing and redevelopment
319.7 	authority, or any county as provided in section 383D.41, Laws
319.8 	1974, chapter 473, as amended, or Laws 1980, chapter 482, as
319.9 	amended.  Any county that has granted economic development
319.10 	powers to a community development agency or a county housing and
319.11 	redevelopment authority under any of these provisions may not
319.12 	form a county economic development authority or grant a housing
319.13 	and redevelopment authority the powers specified in subdivision
319.14 	4, clause (2).

319.15 	Sec. 107. Minnesota Statutes 2004, section 469.310,
319.16 	subdivision 11, is amended to read:
319.17 		Subd. 11.Qualified business.  (a) "Qualified business"
319.18 	means A person carrying on a trade or business at a place of
319.19 	business located within a job opportunity building zone is a
319.20 	qualified business for the purposes of sections 469.310 to
319.21 	469.320 according to the criteria in paragraphs (b) to (f).
319.22 	(b) A person is a qualified business only on those parcels
319.23 	of land for which the person has entered into a business subsidy
319.24 	agreement, as required under section 469.313, with the
319.25 	appropriate local government unit in which the parcels are
319.26 	located.
319.27 	(c) Prior to execution of the business subsidy agreement,
319.28 	the local government unit must consider the following factors:
319.29 	(1) how wages compare to the regional industry average;
319.30 	(2) the number of jobs that will be provided relative to
319.31 	overall employment in the community;
319.32 	(3) the economic outlook for the industry the business will
319.33 	engage in;
319.34 	(4) sales that will be generated from outside the state of
319.35 	Minnesota;
319.36 	(5) how the business will build on existing regional
320.1 	strengths or diversify the regional economy;
320.2 	(6) how the business will increase capital investment in
320.3 	the zone; and 
320.4 	(7) any other criteria the commissioner deems necessary.
320.5 	(b) (d) A person that relocates a trade or business from
320.6 	outside a job opportunity building zone into a zone is not a
320.7 	qualified business,unless the business meets all of the
320.8 	requirements of paragraphs (b) and (c) and:
320.9 	(1) (i) increases full-time employment in the first full
320.10 	year of operation within the job opportunity building zone by at
320.11 	least a minimum of five jobs or 20 percent, whichever is
320.12 	greater,measured relative to the operations that were relocated
320.13 	and maintains the required level of employment for each year the
320.14 	zone designation applies; or 
320.15 	(ii) makes a capital investment in the property located
320.16 	within a zone equivalent to ten percent of the gross revenues of
320.17 	operation that were relocated in the immediately preceding
320.18 	taxable year;and
320.19 	(2) enters a binding written agreement with the
320.20 	commissioner that:
320.21 	(i) pledges the business will meet the requirements of
320.22 	clause (1);
320.23 	(ii) provides for repayment of all tax benefits enumerated
320.24 	under section 469.315 to the business under the procedures in
320.25 	section 469.319, if the requirements of clause (1) are not met
320.26 	for the taxable year or for taxes payable during the year in
320.27 	which the requirements were not met; and
320.28 	(iii) contains any other terms the commissioner determines
320.29 	appropriate.
320.30 	(e) The commissioner may waive the requirements under
320.31 	paragraph (d), clause (1), if the commissioner determines that
320.32 	the qualified business will substantially achieve the factors
320.33 	under this subdivision.
320.34 	(f) A business is not a qualified business if, at its
320.35 	location or locations in the zone, the business is primarily
320.36 	engaged in making retail sales to purchasers who are physically
321.1 	present at the business's zone location.
321.2 	(g) A qualifying business must pay each employee
321.3 	compensation, including benefits not mandated by law, that on an
321.4 	annualized basis is equal to at least 110 percent of the federal
321.5 	poverty level for a family of four.
321.6 	
EFFECTIVE DATE. This section is effective the day
321.7 	following final enactment and applies to any business entering a
321.8 	business subsidy agreement for a job opportunity development
321.9 	zone after that date, except that paragraph (b) is effective
321.10 	retroactively from June 9, 2003.

321.11 	Sec. 108. Minnesota Statutes 2004, section 469.319,
321.12 	subdivision 1, is amended to read:
321.13 		Subdivision 1.Repayment obligation.  A business must
321.14 	repay the amount of the total tax reduction listed in section
321.15 	469.315 and any refund under section 469.318 in excess of tax
321.16 	liability, received during the two years immediately before it
321.17 	ceased to operate in the zone, if the business:
321.18 	(1) received tax reductions authorized by section 469.315;
321.19 	and
321.20 	(2)(i) did not meet the goals specified in an agreement
321.21 	entered into with the applicant that states any obligation the
321.22 	qualified business must fulfill in order to be eligible for tax
321.23 	benefits.  The commissioner of employment and economic
321.24 	development may extend for up to one year the period for meeting
321.25 	any goals provided in an agreement.  The applicant may extend
321.26 	the period for meeting other goals by documenting in writing the
321.27 	reason for the extension and attaching a copy of the document to
321.28 	its next annual report to the commissioner of employment and
321.29 	economic development; or
321.30 	(ii) ceased to operate its facility located within the job
321.31 	opportunity building zone or otherwise ceases to be or is not a
321.32 	qualified business.
321.33 	
EFFECTIVE DATE. This section is effective the day
321.34 	following final enactment.

321.35 	Sec. 109. Minnesota Statutes 2004, section 469.319, is
321.36 	amended by adding a subdivision to read:
322.1 		Subd. 6.Reconciliation. Where this section is
322.2 	inconsistent with section 116J.994, subdivision 3, paragraph
322.3 	(e), or 6, or any other provisions of sections 116J.993 to
322.4 	116J.995, this section prevails.
322.5 	
EFFECTIVE DATE. This section is effective the day
322.6 	following final enactment.

322.7 	Sec. 110. Minnesota Statutes 2004, section 469.320,
322.8 	subdivision 3, is amended to read:
322.9 		Subd. 3.Remedies.  If the commissioner determines, based
322.10 	on a report filed under subdivision 1 or other available
322.11 	information, that a zone or subzone is failing to meet its
322.12 	performance goals, the commissioner may take any actions the
322.13 	commissioner determines appropriate, including modification of
322.14 	the boundaries of the zone or a subzone or termination of the
322.15 	zone or a subzone.  Before taking any action, the commissioner
322.16 	shall consult with the applicant and the affected local
322.17 	government units, including notifying them of the proposed
322.18 	actions to be taken. The commissioner shall publish any order
322.19 	modifying a zone in the State Register and on the Internet.The
322.20 	applicant may appeal the commissioner's order under the
322.21 	contested case procedures of chapter 14.
322.22 	
EFFECTIVE DATE. This section is effective the day
322.23 	following final enactment.

322.24 	Sec. 111. Minnesota Statutes 2004, section 469.330,
322.25 	subdivision 11, is amended to read:
322.26 		Subd. 11.Qualified business.  (a) "Qualified business"
322.27 	means a person carrying on a trade or business at a
322.28 	biotechnology and health sciences industry facility located
322.29 	within a biotechnology and health sciences industry zone. A
322.30 	person is a qualified business only on those parcels of land for
322.31 	which it has entered into a business subsidy agreement, as
322.32 	required under section 469.333, with the appropriate local
322.33 	government unit in which the parcels are located.
322.34 	(b) A person that relocates a biotechnology and health
322.35 	sciences industry facility from outside a biotechnology and
322.36 	health sciences industry zone into a zone is not a qualified
323.1 	business, unless the business:
323.2 	(1)(i) increases full-time employment in the first full
323.3 	year of operation within the biotechnology and health sciences
323.4 	industry zone by at least 20 percent measured relative to the
323.5 	operations that were relocated and maintains the required level
323.6 	of employment for each year the zone designation applies; or
323.7 	(ii) makes a capital investment in the property located
323.8 	within a zone equivalent to ten percent of the gross revenues of
323.9 	operation that were relocated in the immediately preceding
323.10 	taxable year; and
323.11 	(2) enters a binding written agreement with the
323.12 	commissioner that:
323.13 	(i) pledges the business will meet the requirements of
323.14 	clause (1);
323.15 	(ii) provides for repayment of all tax benefits enumerated
323.16 	under section 469.336 to the business under the procedures in
323.17 	section 469.340, if the requirements of clause (1) are not met;
323.18 	and
323.19 	(iii) contains any other terms the commissioner determines
323.20 	appropriate.
323.21 	
EFFECTIVE DATE. This section is effective retroactively
323.22 	from June 9, 2003.

323.23 	Sec. 112. Minnesota Statutes 2004, section 469.340,
323.24 	subdivision 1, is amended to read:
323.25 		Subdivision 1.Repayment obligation.  A business must
323.26 	repay the amount of the tax reduction listed in section 469.336
323.27 	and any refunds under sections 469.338 and 469.339 in excess of
323.28 	tax liability, received during the two years immediately before
323.29 	it ceased to operate in the zone, if the business:
323.30 	(1) received tax reductions authorized by section 469.336;
323.31 	and
323.32 	(2)(i) did not meet the goals specified in an agreement
323.33 	entered into with the applicant that states any obligation the
323.34 	qualified business must fulfill in order to be eligible for tax
323.35 	benefits.  The commissioner of employment and economic
323.36 	development may extend for up to one year the period for meeting
324.1 	any goals provided in an agreement.  The applicant may extend
324.2 	the period for meeting other goals by documenting in writing the
324.3 	reason for the extension and attaching a copy of the document to
324.4 	its next annual report to the commissioner of employment and
324.5 	economic development; or
324.6 	(ii) ceased to operate its facility located within the
324.7 	biotechnology and health sciences industry zone or otherwise
324.8 	ceases to be or is not a qualified business.
324.9 	
EFFECTIVE DATE. This section is effective the day
324.10 	following final enactment.

324.11 	Sec. 113. Minnesota Statutes 2004, section 471.999, is
324.12 	amended to read:
324.13 	471.999 REPORT TO LEGISLATURE.
324.14 	The commissioner of employee relations shall report to the
324.15 	legislature by January 1 of each year on the status of
324.16 	compliance with section 471.992, subdivision 1, by governmental
324.17 	subdivisions.
324.18 	The report must include a list of the political
324.19 	subdivisions in compliance with section 471.992, subdivision 1,
324.20 	and the estimated cost of compliance.  The report must also
324.21 	include a list of political subdivisions found by the
324.22 	commissioner to be not in compliance, the basis for that
324.23 	finding, recommended changes to achieve compliance, estimated
324.24 	cost of compliance, and recommended penalties, if any.  The
324.25 	commissioner's report must include a list of subdivisions that
324.26 	did not comply with the reporting requirements of this section.
324.27 	The commissioner may request, and a subdivision shall provide,
324.28 	any additional information needed for the preparation of a
324.29 	report under this subdivision.
324.30 	Notwithstanding any rule to the contrary, beginning in
324.31 	2005, a political subdivision must report on its compliance with
324.32 	the requirements of sections 471.991 to 471.999 no more
324.33 	frequently than once every five three years.  No report from a
324.34 	political subdivision is required for 2003 and 2004.

324.35 	Sec. 114. Minnesota Statutes 2004, section 517.08,
324.36 	subdivision 1b, is amended to read:
325.1 		Subd. 1b.Term of license; fee; premarital education.
 325.2 	(a) The local registrar shall examine upon oath the party
325.3 	applying for a license relative to the legality of the
325.4 	contemplated marriage.  If at the expiration of a five-day
325.5 	period, on being satisfied that there is no legal impediment to
325.6 	it, including the restriction contained in section 259.13, the
325.7 	local registrar shall issue the license, containing the full
325.8 	names of the parties before and after marriage, and county and
325.9 	state of residence, with the county seal attached, and make a
325.10 	record of the date of issuance.  The license shall be valid for
325.11 	a period of six months.  In case of emergency or extraordinary
325.12 	circumstances, a judge of the district court of the county in
325.13 	which the application is made, may authorize the license to be
325.14 	issued at any time before the expiration of the five days.
325.15 	Except as provided in paragraph (b), the local registrar shall
325.16 	collect from the applicant a fee of $85 $100 for administering
325.17 	the oath, issuing, recording, and filing all papers required,
325.18 	and preparing and transmitting to the state registrar of vital
325.19 	statistics the reports of marriage required by this section.  If
325.20 	the license should not be used within the period of six months
325.21 	due to illness or other extenuating circumstances, it may be
325.22 	surrendered to the local registrar for cancellation, and in that
325.23 	case a new license shall issue upon request of the parties of
325.24 	the original license without fee.  A local registrar who
325.25 	knowingly issues or signs a marriage license in any manner other
325.26 	than as provided in this section shall pay to the parties
325.27 	aggrieved an amount not to exceed $1,000.
325.28 	(b) The marriage license fee for parties who have completed
325.29 	at least 12 hours of premarital education is $20 $30.  In order
325.30 	to qualify for the reduced fee, the parties must submit a signed
325.31 	and dated statement from the person who provided the premarital
325.32 	education confirming that it was received.  The premarital
325.33 	education must be provided by a licensed or ordained minister or
325.34 	the minister's designee, a person authorized to solemnize
325.35 	marriages under section 517.18, or a person authorized to
325.36 	practice marriage and family therapy under section 148B.33.  The
326.1 	education must include the use of a premarital inventory and the
326.2 	teaching of communication and conflict management skills.
326.3 	(c) The statement from the person who provided the
326.4 	premarital education under paragraph (b) must be in the
326.5 	following form:
326.6 	"I, (name of educator), confirm that (names of both
326.7 	parties) received at least 12 hours of premarital education that
326.8 	included the use of a premarital inventory and the teaching of
326.9 	communication and conflict management skills.  I am a licensed
326.10 	or ordained minister, a person authorized to solemnize marriages
326.11 	under Minnesota Statutes, section 517.18, or a person licensed
326.12 	to practice marriage and family therapy under Minnesota
326.13 	Statutes, section 148B.33."
326.14 	The names of the parties in the educator's statement must
326.15 	be identical to the legal names of the parties as they appear in
326.16 	the marriage license application.  Notwithstanding section
326.17 	138.17, the educator's statement must be retained for seven
326.18 	years, after which time it may be destroyed.
326.19 	(d) If section 259.13 applies to the request for a marriage
326.20 	license, the local registrar shall grant the marriage license
326.21 	without the requested name change.  Alternatively, the local
326.22 	registrar may delay the granting of the marriage license until
326.23 	the party with the conviction:
326.24 	(1) certifies under oath that 30 days have passed since
326.25 	service of the notice for a name change upon the prosecuting
326.26 	authority and, if applicable, the attorney general and no
326.27 	objection has been filed under section 259.13; or
326.28 	(2) provides a certified copy of the court order granting
326.29 	it.  The parties seeking the marriage license shall have the
326.30 	right to choose to have the license granted without the name
326.31 	change or to delay its granting pending further action on the
326.32 	name change request.

326.33 	Sec. 115. Minnesota Statutes 2004, section 517.08,
326.34 	subdivision 1c, is amended to read:
326.35 		Subd. 1c.Disposition of license fee.  (a) Of the
326.36 	marriage license fee collected pursuant to subdivision 1b,
327.1 	paragraph (a), $15 must be retained by the county.  The local
327.2 	registrar must pay $70 $85 to the commissioner of finance to be
327.3 	deposited as follows:
327.4 	(1) $50 in the general fund;
327.5 	(2) $3 in the special revenue fund to be appropriated to
327.6 	the commissioner of education for parenting time centers under
327.7 	section 119A.37;
327.8 	(3) $2 in the special revenue fund to be appropriated to
327.9 	the commissioner of health for developing and implementing the
327.10 	MN ENABL program under section 145.9255;
327.11 	(4) $10 $25 in the special revenue fund to be is 
327.12 	appropriated to the commissioner of employment and economic
327.13 	development for the displaced homemaker program under section
327.14 	116L.96; and
327.15 	(5) $5 in the special revenue fund to be is appropriated to
327.16 	the commissioner of human services for the Minnesota Healthy
327.17 	Marriage and Responsible Fatherhood Initiative under section
327.18 	256.742.
327.19 	(b) Of the $20 $30 fee under subdivision 1b, paragraph (b),
327.20 	$15 must be retained by the county.  The local registrar must
327.21 	pay $5 $15 to the commissioner of finance to be distributed 
327.22 	deposited as follows:
327.23 	(1) $5 as provided in paragraph (a), clauses (2) and (3);
327.24 	and 
327.25 	(2) $10 in the special revenue fund is appropriated to the
327.26 	commissioner of employment and economic development for the
327.27 	displaced homemaker program under section 116L.96.
327.28 	(c) The increase in the marriage license fee under
327.29 	paragraph (a) provided for in Laws 2004, chapter 273, and
327.30 	disbursement of the increase in that fee to the special fund for
327.31 	the Minnesota Healthy Marriage and Responsible Fatherhood
327.32 	Initiative under paragraph (a), clause (5), is contingent upon
327.33 	the receipt of federal funding under United States Code, title
327.34 	42, section 1315, for purposes of the initiative.

327.35 	Sec. 116. Minnesota Statutes 2004, section 609.849, as
327.36 	added by Laws 2005, chapter 136, article 17, section 50, is
328.1 	amended to read:
328.2 	609.849 [RAILROAD THAT OBSTRUCTS TREATMENT OF AN INJURED
328.3 	WORKER.]
328.4 	(a) It shall be unlawful for a railroad or person employed
328.5 	by a railroad negligently or to intentionally to:
328.6 	(1) deny, delay, or interfere with medical treatment or
328.7 	first aid treatment to an employee of a railroad who has been
328.8 	injured during employment; or
328.9 	(2) discipline, harass, or intimidate an employee to
328.10 	discourage the employee from receiving medical attention or
328.11 	threaten to discipline an employee who has been injured during
328.12 	employment for requesting medical treatment or first aid
328.13 	treatment.
328.14 	(b) Nothing in this section shall deny a railroad company
328.15 	or railroad employee from making a reasonable inquiry of an
328.16 	injured employee about the circumstance of an injury in order to
328.17 	gather information necessary to identify a safety hazard.
328.18 	(c) It is not a violation under this section for a railroad
328.19 	company or railroad employee to enforce safety regulations.
328.20 	(d) A railroad or a person convicted of a violation of
328.21 	paragraph (a), clause (1) or (2), is guilty of a gross 
328.22 	misdemeanor and may be sentenced to imprisonment for not more
328.23 	than one year or to payment of a fine of fined not more than
328.24 	$3,000, or both $1,000 but is not subject to an incarcerative
328.25 	sanction.

328.26 	EFFECTIVE DATE. This section is effective August 1, 2005,
328.27 	and applies to crimes committed on or after that date.

328.28 	Sec. 117. Laws 1999, chapter 224, section 7, as amended by
328.29 	Laws 2004, chapter 261, article 6, section 3, is amended to read:

328.30 	Sec. 7. SUNSET.
 328.31 	Sections 2 and 4 expire on August 1, 2005 2006, and
328.32 	Minnesota Statutes 1998, sections 237.63, 237.65, and 237.68,
328.33 	expire on December 31, 2004.

328.34 	EFFECTIVE DATE. This section is effective the day
328.35 	following final enactment.

328.36 	Sec. 118. Laws 2003, chapter 128, article 1, section 172,
329.1 	is amended to read:
329.2 	Sec. 172TEMPORARY PETROFUND FEE EXEMPTION FOR MINNESOTA
329.3 	COMMERCIAL AIRLINES.
 329.4 	(a) A commercial airline providing regularly scheduled jet
329.5 	service and with its corporate headquarters in Minnesota is
329.6 	exempt from the fee established in Minnesota Statutes, section
329.7 	115C.08, subdivision 3, until July 1, 2005 2007, provided the
329.8 	airline develops a plan approved by the commissioner of commerce
329.9 	demonstrating that the savings from this exemption will go
329.10 	towards minimizing job losses in Minnesota, and to support the
329.11 	airline's efforts to avoid filing for federal bankruptcy
329.12 	protections.
329.13 	(b) A commercial airline exempted from the fee is
329.14 	ineligible to receive reimbursement under Minnesota Statutes,
329.15 	chapter 115C, until July 1, 2005 2007.  A commercial airline
329.16 	that has a release during the fee exemption period is ineligible
329.17 	to receive reimbursement under Minnesota Statutes, chapter 115C,
329.18 	for the costs incurred in response to that release.

329.19 	Sec. 119. Laws 2005, chapter 97, article 13, section 1,
329.20 	subdivision 3, is amended to read:
329.21 		Subd. 3.Hydrogen. "Hydrogen" means hydrogen produced
329.22 	using native renewable energy sources.

329.23 	Sec. 120. Laws 2005, chapter 97, article 13, section 2,
329.24 	subdivision 1, is amended to read:
329.25 		Subdivision 1.Early purchase and deployment of hydrogen,
329.26 	fuel cells, and related technologies by the state. The
329.27 	Department of Commerce in conjunction with the Department of 
329.28 	Administration shall identify opportunities for demonstrating
329.29 	the use of hydrogen,fuel cells and related technologies within
329.30 	state-owned facilities, vehicle fleets, and operations.
329.31 	The Department of Commerce shall recommend to the
329.32 	Department of Administration, when feasible, the purchase and
329.33 	demonstrate demonstration of hydrogen, fuel cells, and related
329.34 	technologies in ways that strategically contribute to realizing
329.35 	Minnesota's hydrogen economy goal as set forth in section
329.36 	216B.013, and which contribute to the following nonexclusive
330.1 	list of objectives:
330.2 	(1) provide needed performance data to the marketplace;
330.3 	(2) identify code and regulatory issues to be resolved;
330.4 	(3) advance or validate a critical area of research;
330.5 	(4) foster economic development and job creation in the
330.6 	state;
330.7 	(5) (4) raise public awareness of hydrogen, fuel cells, and
330.8 	related technologies; or
330.9 	(6) (5) reduce emissions of carbon dioxide and other
330.10 	pollutants.
330.11 	
EFFECTIVE DATE. This section is effective on the same
330.12 	date that Laws 2005, chapter 97, article 13, section 2,
330.13 	subdivision 1, is effective.

330.14 	Sec. 121. SESQUICENTENNIAL COMMISSION.
 330.15 		Subdivision 1.Commission; purpose. The Minnesota
330.16 	Sesquicentennial Commission is established to plan for
330.17 	activities relating to Minnesota's 150th anniversary of
330.18 	statehood.  The commission shall create a plan for capital
330.19 	improvements, celebratory activities, and public engagement in
330.20 	every county in the state of Minnesota.
330.21 		Subd. 2.Membership. The commission shall consist of 17
330.22 	members who shall serve until the completion of the
330.23 	sesquicentennial year of statehood, appointed as follows:
330.24 	(1) nine members appointed by the governor, representing
330.25 	major corporate, nonprofit, and public sectors of the state,
330.26 	selected from all parts of the state;
330.27 	(2) two members appointed by the speaker of the house of
330.28 	representatives;
330.29 	(3) two members appointed by the minority leader of the
330.30 	house of representatives;
330.31 	(4) two members from the majority party in the senate,
330.32 	appointed by the Subcommittee on Committees; and 
330.33 	(5) two members from the minority party in the senate,
330.34 	appointed by the Subcommittee on Committees.
330.35 		Subd. 3.Compensation; operation. Members shall select a
330.36 	chair from the membership of the commission.  The chair shall
331.1 	convene all meetings and set the agenda for the commission.  The
331.2 	Minnesota Historical Society shall provide office space and
331.3 	staff support for the commission, and shall cooperate with the
331.4 	University of Minnesota and Minnesota State Colleges and
331.5 	Universities to support the programs of the commission.
331.6 	Meetings shall be at the call of the chair.  The commission may
331.7 	appoint an advisory council to advise and assist the commission
331.8 	with its duties.  Members shall receive no compensation for
331.9 	service on the Sesquicentennial Commission.  Members appointed
331.10 	by the governor may be reimbursed for expenses under Minnesota
331.11 	Statutes, section 15.059, subdivision 3.
331.12 		Subd. 4.Duties. The commission shall have the following
331.13 	duties:
331.14 	(1) to present to the governor and legislature a plan for
331.15 	capital grants to pay for capital improvements on Minnesota's
331.16 	historic public and private buildings, to be known as
331.17 	sesquicentennial grants;
331.18 	(2) to seek funding for activities to celebrate the 150th
331.19 	anniversary of statehood, and to form partnerships with private
331.20 	parties to further this mission; and 
331.21 	(3) to present an annual report to the governor and
331.22 	legislature outlining progress made towards the celebration of
331.23 	the sesquicentennial.
331.24 		Subd. 5.Commemorative coin. The commission may arrange
331.25 	for design, production, distribution, marketing, and sale of a
331.26 	commemorative coin.  Proceeds from sale of the commemorative
331.27 	coin are appropriated to the commission.
331.28 		Subd. 6.Expiration. The commission shall continue to
331.29 	operate until January 30, 2009, at which time it shall expire.
331.30 	
EFFECTIVE DATE. This section is effective the day
331.31 	following final enactment.

331.32 	Sec. 122. SURPLUS STATE LAND; REDWOOD COUNTY.
 331.33 	Notwithstanding Minnesota Statutes, section 645.021,
331.34 	subdivision 3, the local approval requirement in Minnesota
331.35 	Statutes, chapter 262, article 3, section 26, is revived and
331.36 	available until January 2, 2007.

332.1 	Sec. 123. INSTRUCTION TO REVISOR.
 332.2 	The revisor of statutes shall renumber Minnesota Statutes,
332.3 	section 239.05, as section 239.051, alphabetize the definitions,
332.4 	and correct any cross-references to that section accordingly.

332.5 	Sec. 124. REPEALER.
 332.6 	(a) Minnesota Statutes 2004, sections 45.0295; 116J.573;
332.7 	116J.58, subdivision 3; 116L.05, subdivision 4; 178.12; 239.05,
332.8 	subdivisions 6a and 6b; and 462C.15, are repealed.
332.9 	(b) Laws 1999, chapter 125, section 4, as amended by Laws
332.10 	2002, chapter 398, section 7, is repealed.

332.11 	ARTICLE 5
332.12 	REGULATION OF SERVICE CONTRACTS

332.13 	Section 1. [59B.01] SCOPE AND PURPOSE.
332.14 	(a) The purpose of this chapter is to create a legal
332.15 	framework within which service contracts may be sold in this
332.16 	state.
332.17 	(b) The following are exempt from this chapter:
332.18 	(1) warranties;
332.19 	(2) maintenance agreements;
332.20 	(3) warranties, service contracts, or maintenance
332.21 	agreements offered by public utilities, as defined in section
332.22 	216B.02, subdivision 4, or an entity or operating unit owned by
332.23 	or under common control with a public utility;
332.24 	(4) service contracts sold or offered for sale to persons
332.25 	other than consumers;
332.26 	(5) service contracts on tangible property where the
332.27 	tangible property for which the service contract is sold has a
332.28 	purchase price of $250 or less, exclusive of sales tax;
332.29 	(6) motor vehicle service contracts as defined in section
332.30 	65B.29, subdivision 1, paragraph (1);
332.31 	(7) service contracts for home security equipment installed
332.32 	by a licensed technology systems contractor; and 
332.33 	(8) motor club membership contracts that typically provide
332.34 	roadside assistance services to motorists stranded for reasons
332.35 	that include, but are not limited to, mechanical breakdown or
332.36 	adverse road conditions.
333.1 	(c) The types of agreements referred to in paragraph (b)
333.2 	are not subject to chapters 60A to 79A, except as otherwise
333.3 	specifically provided by law.

333.4 	Sec. 2. [59B.02] DEFINITIONS.
333.5 		Subdivision 1.Terms. For the purposes of this chapter,
333.6 	the terms defined in this section have the meanings given them.
333.7 		Subd. 2.Administrator. "Administrator" means the person
333.8 	who is responsible for the administration of the service
333.9 	contracts or the service contracts plan or who is responsible
333.10 	for any filings required by this chapter.
333.11 		Subd. 3.Commissioner. "Commissioner" means the
333.12 	commissioner of commerce.
333.13 		Subd. 4.Consumer. "Consumer" means a natural person who
333.14 	buys, other than for purposes of resale, any tangible personal
333.15 	property that is distributed in commerce and that is normally
333.16 	used for personal, family, or household purposes and not for
333.17 	business or research purposes.
333.18 		Subd. 5.Maintenance agreement. "Maintenance agreement"
333.19 	means a contract of limited duration that provides for scheduled
333.20 	maintenance only.
333.21 		Subd. 6.Person. "Person" means an individual,
333.22 	partnership, corporation, incorporated or unincorporated
333.23 	association, joint stock company, reciprocal, syndicate, or any
333.24 	similar entity or combination of entities acting in concert.
333.25 		Subd. 7.Premium. "Premium" means the consideration paid
333.26 	to an insurer for a reimbursement insurance policy.
333.27 		Subd. 8.Provider. "Provider" means a person who is
333.28 	contractually obligated to the service contract holder under the
333.29 	terms of the service contract.
333.30 		Subd. 9.Provider fee. "Provider fee" means the
333.31 	consideration paid for a service contract.
333.32 		Subd. 10.Reimbursement insurance policy. "Reimbursement
333.33 	insurance policy" means a policy of insurance issued to a
333.34 	provider to either provide reimbursement to the provider under
333.35 	the terms of the insured service contracts issued or sold by the
333.36 	provider or, in the event of the provider's nonperformance, to
334.1 	pay on behalf of the provider all covered contractual
334.2 	obligations incurred by the provider under the terms of the
334.3 	insured service contracts issued or sold by the provider.
334.4 		Subd. 11.Service contract. "Service contract" means a
334.5 	contract or agreement for a separately stated consideration for
334.6 	a specific duration to perform the repair, replacement, or
334.7 	maintenance of property or indemnification for repair,
334.8 	replacement, or maintenance, for the operational or structural
334.9 	failure due to a defect in materials, workmanship, or normal
334.10 	wear and tear, with or without additional provisions for
334.11 	incidental payment of indemnity under limited circumstances.
334.12 	Service contracts may provide for the repair, replacement, or
334.13 	maintenance of property for damage resulting from power surges
334.14 	and accidental damage from handling.
334.15 		Subd. 12.Service contract holder or contract
334.16 	holder. "Service contract holder" or "contract holder" means a
334.17 	person who is the purchaser or holder of a service contract.
334.18 		Subd. 13.Warranty. "Warranty" means a warranty made
334.19 	solely by the manufacturer, importer, or seller of property or
334.20 	services without consideration, that is not negotiated or
334.21 	separated from the sale of the product, and is incidental to the
334.22 	sale of the product, that guarantees indemnity for defective
334.23 	parts, mechanical or electrical breakdown, labor, or other
334.24 	remedial measures, such as repair or replacement of the property
334.25 	or repetition of services.

334.26 	Sec. 3. [59B.03] REQUIREMENTS FOR TRANSACTING BUSINESS.
334.27 		Subdivision 1.Appointment of administrator. A provider
334.28 	may, but is not required to, appoint an administrator or other
334.29 	designee to be responsible for any or all of the administration
334.30 	of service contracts and compliance with this chapter.
334.31 		Subd. 2.Contract copies and receipts. Service contracts
334.32 	must not be issued, sold, or offered for sale in this state
334.33 	unless the provider has:
334.34 	(1) provided a receipt for, or other written evidence of,
334.35 	the purchase of the service contract to the contract holder;
334.36 	(2) provided a copy of the service contract to the service
335.1 	contract holder within a reasonable period of time from the date
335.2 	of purchase; and 
335.3 	(3) complied with this chapter.
335.4 		Subd. 3.Registration. Each provider of service
335.5 	contracts sold in this state shall file a registration with the
335.6 	commissioner on a form prescribed by the commissioner.  Each
335.7 	provider shall pay to the commissioner a fee in the amount of
335.8 	$750 annually.
335.9 		Subd. 4.Financial requirements. In order to ensure the
335.10 	faithful performance of a provider's obligations to its contract
335.11 	holders, each provider is responsible for complying with the
335.12 	requirements of one of the following:
335.13 	(1) insure all service contracts under a reimbursement
335.14 	insurance policy issued by an insurer authorized to transact
335.15 	insurance in this state, a risk retention group, as that term is
335.16 	defined in United States Code, title 15, section 3901(A)(4), as
335.17 	long as that risk retention group is registered pursuant to
335.18 	section 60E.03 or 60E.04 as applicable, and is in full
335.19 	compliance with the federal Liability Risk Retention Act of
335.20 	1986, United States Code, title 15, section 3901, et al., or
335.21 	issued pursuant to sections 60A.195 to 60A.209, and either:
335.22 	(i) the insurer or risk retention group shall, at the time
335.23 	the policy is filed with the commissioner, and continuously
335.24 	thereafter, maintain surplus as to policyholders and paid-in
335.25 	capital of at least $15,000,000, and annually file audited
335.26 	financial statements with the commissioner; or 
335.27 	(ii) the commissioner may authorize an insurer or risk
335.28 	retention group that has surplus as to policyholders and paid-in
335.29 	capital of less than $15,000,000 but at least equal to
335.30 	$10,000,000 to issue the insurance required by this section if
335.31 	the insurer or risk retention group demonstrates to the
335.32 	satisfaction of the commissioner that the company maintains a
335.33 	ratio of direct written premiums, wherever written, to surplus
335.34 	as to policyholders and paid-in capital of not greater than
335.35 	3-to-1; or 
335.36 	(2)(i) maintain a funded reserve account for obligations
336.1 	under contracts issued and outstanding in this state.  The
336.2 	reserves must not be less than 40 percent of gross consideration
336.3 	received, less claims paid, on the sale of the service contract
336.4 	for all in-force contracts.  The reserve account is subject to
336.5 	examination and review by the commissioner; and 
336.6 	(ii) place in trust with the commissioner a financial
336.7 	security deposit, having a value of not less than five percent
336.8 	of the gross consideration received, less claims paid, on the
336.9 	sale of the service contract for all service contracts issued
336.10 	and in force, but not less than $25,000, consisting of one of
336.11 	the following:
336.12 	(A) a surety bond issued by an authorized surety;
336.13 	(B) securities of the type eligible for deposit by
336.14 	authorized insurers in this state;
336.15 	(C) cash;
336.16 	(D) a letter of credit issued by a qualified financial
336.17 	institution containing an evergreen clause which prevents the
336.18 	expiration of the letter without due notice from the issuer; or 
336.19 	(E) another form of security prescribed by rules of the
336.20 	commissioner; or 
336.21 	(3)(i) maintain, or its parent company maintain, a net
336.22 	worth or stockholders' equity of $100,000,000; and 
336.23 	(ii) upon request, provide the commissioner with a copy of
336.24 	the provider's or the provider's parent company's most recent
336.25 	Form 10-K or Form 20-F filed with the Securities and Exchange
336.26 	Commission (SEC) within the last calendar year, or if the
336.27 	company does not file with the SEC, a copy of the company's
336.28 	audited financial statements, which shows a net worth of the
336.29 	provider or its parent company of at least $100,000,000.  If the
336.30 	provider's parent company's Form 10-K, Form 20-F, or audited
336.31 	financial statements are filed to meet the provider's financial
336.32 	stability requirement, then the parent company shall agree to
336.33 	guarantee the obligations of the provider relating to service
336.34 	contracts sold by the provider in this state.
336.35 		Subd. 5.Right of return. Service contracts must require
336.36 	the provider to permit the service contract holder to return the
337.1 	service contract within 20 days of the date the service contract
337.2 	was mailed to the service contract holder or within ten days of
337.3 	delivery if the service contract is delivered to the service
337.4 	contract holder at the time of sale or within a longer time
337.5 	period permitted under the service contract.  Upon return of the
337.6 	service contract to the provider within the applicable time
337.7 	period, if no claim has been made under the service contract
337.8 	before its return to the provider, the service contract is void
337.9 	and the provider shall refund to the service contract holder, or
337.10 	credit the account of the service contract holder, with the full
337.11 	purchase price of the service contract.  The right to void the
337.12 	service contract provided in this paragraph is not transferable
337.13 	and applies only to the original service contract purchaser, and
337.14 	only if no claim has been made before its return to the
337.15 	provider.  A ten percent penalty per month must be added to a
337.16 	refund that is not paid or credited within 45 days after return
337.17 	of the service contract to the provider.
337.18 		Subd. 6.Premium taxes. (a) Provider fees collected on
337.19 	service contracts are not subject to premium taxes.
337.20 	(b) Premiums for reimbursement insurance policies are
337.21 	subject to applicable taxes.
337.22 		Subd. 7.Licensing exemption. Except for the
337.23 	registration requirements in subdivision 3, providers and
337.24 	related service contract sellers, administrators, and other
337.25 	persons marketing, selling, or offering to sell service
337.26 	contracts are exempt from any licensing requirements of this
337.27 	state.
337.28 		Subd. 8.Insurance exemption. The marketing, sale,
337.29 	offering for sale, issuance, making, proposing to make, and
337.30 	administration of service contracts by providers and related
337.31 	service contract sellers, administrators, and other persons are
337.32 	exempt from all other provisions of the insurance laws of this
337.33 	state, except as provided in section 72A.20, subdivision 38.

337.34 	Sec. 4. [59B.04] REQUIRED DISCLOSURES; REIMBURSEMENT
337.35 	INSURANCE POLICY.
337.36 		Subdivision 1.Right to payment or
338.1 	reimbursement. Reimbursement insurance policies insuring
338.2 	service contracts issued, sold, or offered for sale in this
338.3 	state shall state that the insurer that issued the reimbursement
338.4 	insurance policy shall either reimburse or pay on behalf of the
338.5 	provider any covered sums the provider is legally obligated to
338.6 	pay or, in the event of the provider's nonperformance, shall
338.7 	provide the service which the provider is legally obligated to
338.8 	perform according to the provider's contractual obligations
338.9 	under the service contracts issued or sold by the provider.
338.10 		Subd. 2.Right to apply to company. In the event covered
338.11 	service is not provided by the service contract provider within
338.12 	60 days of proof of loss by the service contract holder, the
338.13 	contract holder is entitled to apply directly to the
338.14 	reimbursement insurance company.

338.15 	Sec. 5. [59B.05] REQUIRED DISCLOSURE; SERVICE CONTRACTS.
338.16 		Subdivision 1.Readability and general
338.17 	disclosure. Service contracts marketed, sold, offered for sale,
338.18 	issued, made, proposed to be made, or administered in this state
338.19 	must be written, printed, or typed in clear, understandable
338.20 	language that is easy to read and must disclose the requirements
338.21 	set forth in this section, as applicable.
338.22 		Subd. 2.Identities of parties. Service contracts must
338.23 	state the name and address of the provider, and must identify
338.24 	any administrator if different from the provider, the service
338.25 	contract seller, and the service contract holder to the extent
338.26 	that the name of the service contract holder has been furnished
338.27 	by the service contract holder.  The identities of the parties
338.28 	are not required to be preprinted on the service contract and
338.29 	may be added to the service contract at the time of sale.
338.30 		Subd. 3.Total purchase price and sales terms. Service
338.31 	contracts must state the total purchase price and the terms
338.32 	under which the service contract is sold.  The purchase price is
338.33 	not required to be preprinted on the service contract and may be
338.34 	negotiated at the time of sale with the service contract holder.
338.35 		Subd. 4.Deductibles. Service contracts must state the
338.36 	existence of any deductible amount, if applicable.
339.1 		Subd. 5.Coverages, limitations, and exclusions. No
339.2 	particular causes of loss or property are required to be
339.3 	covered, but service contracts must specify the merchandise and
339.4 	services to be provided and, with equal prominence, any
339.5 	limitations, exceptions, or exclusions including, but not
339.6 	limited to, any damage or breakdown not covered by the service
339.7 	contract.
339.8 		Subd. 6.Restrictions on transferability. Service
339.9 	contracts must state any restrictions governing the
339.10 	transferability of the service contract, if applicable.
339.11 		Subd. 7.Cancellation terms. Service contracts must
339.12 	state the terms, restrictions, or conditions governing
339.13 	cancellation of the service contract prior to the termination or
339.14 	expiration date of the service contract by either the provider
339.15 	or the service contract holder.  The provider of the service
339.16 	contract shall mail a written notice to the contract holder at
339.17 	the last known address of the service contract holder contained
339.18 	in the records of the provider at least 15 days before
339.19 	cancellation by the provider.  Five days' notice is required if
339.20 	the reason for cancellation is nonpayment of the provider fee, a
339.21 	material misrepresentation by the service contract holder to the
339.22 	provider, or a substantial breach of duties by the service
339.23 	contract holder relating to the covered product or its use.  The
339.24 	notice must state the effective date of the cancellation and the
339.25 	reason for the cancellation.
339.26 		Subd. 8.Duties of contract holder. Service contracts
339.27 	must set forth all of the obligations and duties of the service
339.28 	contract holder, such as the duty to protect against any further
339.29 	damage and any requirement to follow the owner's manual.
339.30 		Subd. 9.Exclusions; consequential damages and
339.31 	preexisting conditions. Service contracts may exclude coverage
339.32 	for consequential damages or preexisting conditions.  These
339.33 	exclusions, if applicable, must be stated in the contract.

339.34 	Sec. 6. [59B.06] ADDITIONAL REQUIRED DISCLOSURE; SERVICE
339.35 	CONTRACTS.
339.36 		Subdivision 1.Insurance disclosure. Service contracts
340.1 	insured under a reimbursement insurance policy pursuant to
340.2 	section 59B.03, subdivision 4, clause (1), must contain a
340.3 	statement in substantially the following form:  "Obligations of
340.4 	the provider under this service contract are insured under a
340.5 	service contract reimbursement insurance policy."  The service
340.6 	contract must also state the name and address of the insurer.
340.7 		Subd. 2.Disclosure of no insurance. Service contracts
340.8 	not insured under a reimbursement insurance policy pursuant to
340.9 	section 59B.03, subdivision 4, clause (1), must contain a
340.10 	statement in substantially the following form:  "Obligations of
340.11 	the provider under this service contract are backed by the full
340.12 	faith and credit of the provider." 

340.13 	Sec. 7. [59B.07] PROHIBITED ACTS.
340.14 		Subdivision 1.Deceptive names. A provider shall not use
340.15 	in its name the words insurance, casualty, surety, mutual, or
340.16 	any other words descriptive of the insurance, casualty, or
340.17 	surety business; or a name deceptively similar to the name or
340.18 	description of any insurance or surety corporation, or to the
340.19 	name of any other provider.  The word "guaranty" or similar word
340.20 	may be used by a provider.  This section does not apply to a
340.21 	company that was using any of the prohibited language in its
340.22 	name before the effective date of this chapter.  However, a
340.23 	company using the prohibited language in its name shall include
340.24 	in its service contracts a statement in substantially the
340.25 	following form:  "This agreement is not an insurance contract." 
340.26 		Subd. 2.False or misleading statements. A provider or
340.27 	its representative shall not in its service contracts,
340.28 	literature, or otherwise make, permit, or cause to be made any
340.29 	false or misleading statement or omit any material statement
340.30 	that would be considered misleading if omitted.
340.31 		Subd. 3.Required purchase. A person, such as a bank,
340.32 	savings association, lending institution, manufacturer, or
340.33 	seller of any product shall not require the purchase of a
340.34 	service contract as a condition of a loan or a condition for the
340.35 	sale of any property.

340.36 	Sec. 8. [59B.08] RECORD-KEEPING REQUIREMENTS.
341.1 		Subdivision 1.Generally. The provider shall keep
341.2 	accurate accounts, books, and records concerning transactions
341.3 	regulated under this chapter.
341.4 	The provider's accounts, books, and records include the
341.5 	following:
341.6 	(1) copies of each type of service contracts sold;
341.7 	(2) the name and address of each service contract holder to
341.8 	the extent that the name and address have been furnished by the
341.9 	service contract holder;
341.10 	(3) a list of the locations where service contracts are
341.11 	marketed, sold, or offered for sale; and 
341.12 	(4) written claims files which shall contain information
341.13 	regarding the services provided or claims payments for contracts
341.14 	that provide for payments or reimbursement, including at least
341.15 	the dates and description of claims related to the service
341.16 	contracts.
341.17 		Subd. 2.Retention. (a) Except as provided in paragraph
341.18 	(b), the provider shall retain all records required to be
341.19 	maintained by this section for at least three years after the
341.20 	specified period of coverage has expired.
341.21 	(b) A provider discontinuing business in this state shall
341.22 	maintain its records until it furnishes the commissioner
341.23 	satisfactory proof that it has discharged all obligations to
341.24 	contract holders in this state.
341.25 		Subd. 3.Medium. The records required by this chapter
341.26 	may be, but are not required to be, maintained on a computer
341.27 	disk or other record-keeping technology.  If the records are
341.28 	maintained in other than hard copy, the records must be capable
341.29 	of duplication to legible hard copy at the request of the
341.30 	commissioner.

341.31 	Sec. 9. [59B.09] TERMINATION OF REIMBURSEMENT INSURANCE
341.32 	POLICY.
341.33 	An insurer that issued a reimbursement insurance policy may
341.34 	not terminate the policy unless the insurer mails or delivers
341.35 	written notice of the termination to the commissioner at least
341.36 	30 days before the effective date of termination.  The
342.1 	termination of a reimbursement insurance policy does not reduce
342.2 	the issuer's responsibility for service contracts issued by
342.3 	providers before the date of the termination.

342.4 	Sec. 10. [59B.10] OBLIGATION OF REIMBURSEMENT INSURANCE
342.5 	POLICY INSURERS.
342.6 	Insurers issuing reimbursement insurance to providers are
342.7 	deemed to have received the premiums for the insurance upon the
342.8 	payment of provider fees by consumers for service contracts
342.9 	issued by the insured providers.
342.10 	Nothing in this chapter prevents or limits the right of an
342.11 	insurer that issued a reimbursement insurance policy to seek
342.12 	indemnification or subrogation against a provider if the issuer
342.13 	pays or is obligated to pay the service contract holder sums
342.14 	that the provider was obligated to pay pursuant to the
342.15 	provisions of the service contract.

342.16 	Sec. 11. [59B.11] SEVERABILITY PROVISION.
342.17 	If any provision of this chapter or the application of the
342.18 	provision to any person or circumstances are held invalid, the
342.19 	remainder of this chapter and the application of the provision
342.20 	to person or circumstances other than those as to which it is
342.21 	held invalid, must not be affected.

342.22 	Sec. 12. Minnesota Statutes 2004, section 72A.20, is
342.23 	amended by adding a subdivision to read:
342.24 		Subd. 38.Unfair claims service; service contracts. No
342.25 	person shall, in connection with a service contract regulated
342.26 	under chapter 59B:
342.27 	(1) attempt to settle claims on the basis of an application
342.28 	or any other material document which was altered without notice
342.29 	to, or knowledge or consent of, the service contract holder;
342.30 	(2) make a material misrepresentation to the service
342.31 	contract holder for the purpose and with the intent of effecting
342.32 	settlement of the claims, loss, or damage under the contract on
342.33 	less favorable terms than those provided in, and contemplated
342.34 	by, the contract; or 
342.35 	(3) commit or perform with such frequency as to indicate a
342.36 	general business practice any of the following practices:
343.1 	(i) failure to properly investigate claims;
343.2 	(ii) misrepresentation of pertinent facts or contract
343.3 	provisions relating to coverages at issue;
343.4 	(iii) failure to acknowledge and act upon communications
343.5 	within a reasonable time with respect to claims;
343.6 	(iv) denial of claims without conducting reasonable
343.7 	investigations based upon available information;
343.8 	(v) failure to affirm or deny coverage of claims upon
343.9 	written request of the service contract holder within a
343.10 	reasonable time after proof-of-loss statements have been
343.11 	completed; or 
343.12 	(vi) failure to timely provide a reasonable explanation to
343.13 	the service contract holder of the basis in the contract in
343.14 	relation to the facts or applicable law for denial of a claim or
343.15 	for the offer of a compromise settlement.

343.16 	Sec. 13. EFFECTIVE DATE.
 343.17 	Sections 1 to 12 are effective January 1, 2006, and apply
343.18 	to service contracts issued on or after that date.  A provider
343.19 	transacting business in this state on or before the date of the
343.20 	enactment of this chapter, which submits an application for
343.21 	registration as a provider under Minnesota Statutes, section
343.22 	59B.03, subdivision 3, within 30 days after the commissioner
343.23 	makes the application available, may continue to transact
343.24 	business in this state until final agency action is taken by the
343.25 	commissioner regarding the registration application and all
343.26 	rights to administrative and judicial review related to that
343.27 	final agency action have been exhausted or have expired.