HF 366

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the organization and operation of state 
  1.3             government; appropriating money for environmental, 
  1.4             natural resource, and agricultural purposes; 
  1.5             establishing and modifying certain programs; providing 
  1.6             for regulation of certain activities and practices; 
  1.7             providing for accounts, assessments, and fees; 
  1.8             amending Minnesota Statutes 1996, sections 17.4988; 
  1.9             18C.421, subdivisions 1 and 4; 18C.425, subdivisions 
  1.10            1, 2, 3, and 6; 18C.531, subdivision 2; 18C.551; 
  1.11            25.31; 25.32; 25.33, subdivisions 1, 5, 6, 9, 20, and 
  1.12            by adding subdivisions; 25.35; 25.36; 25.37; 25.38; 
  1.13            25.39; 25.41, subdivision 6; 32.394, subdivisions 8, 
  1.14            8a, 8b, and 8d; 35.71, subdivision 5; 35.824; 41A.09, 
  1.15            subdivision 3a; 84.027, by adding a subdivision; 
  1.16            85.055, subdivision 1; 97A.015, by adding a 
  1.17            subdivision; 97A.028, subdivisions 1 and 3; 97A.055, 
  1.18            by adding a subdivision; 97A.075, subdivision 1; 
  1.19            97A.405, subdivision 2; 97A.411, subdivision 1; 
  1.20            97A.415, subdivision 2; 97A.475; 97A.485, subdivision 
  1.21            6; 97B.715, subdivision 1; 97B.721; 97B.801; 97C.305, 
  1.22            subdivision 1; 97C.501, subdivision 2; 97C.801; 
  1.23            116.07, subdivision 4d; 116C.834, subdivision 2; 
  1.24            223.17, subdivision 3; 236.02, subdivisions 1 and 2; 
  1.25            296.421, subdivisions 5 and 8; and 347.33, subdivision 
  1.26            3; proposing coding for new law in Minnesota Statutes, 
  1.27            chapters 25; 97B; and 116; repealing Minnesota 
  1.28            Statutes 1996, sections 18C.541, subdivision 6; 25.34; 
  1.29            115A.908, subdivision 3; 115B.223; 115B.224; 116.991; 
  1.30            116.992; 236A.01; and 236A.02; Laws 1995, chapter 220, 
  1.31            section 21. 
  1.32  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.33  Section 1.  [ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.] 
  1.34     The sums shown in the columns marked "APPROPRIATIONS" are 
  1.35  appropriated from the general fund, or another fund named, to 
  1.36  the agencies and for the purposes specified in this act, to be 
  1.37  available for the fiscal years indicated for each purpose.  The 
  1.38  figures "1997," "1998," and "1999," where used in this act, mean 
  2.1   that the appropriation or appropriations listed under them are 
  2.2   available for the year ending June 30, 1997, June 30, 1998, or 
  2.3   June 30, 1999, respectively.  
  2.4                           SUMMARY BY FUND
  2.5                1997        1998           1999          TOTAL
  2.6   General   $  500,000  $171,377,000   $169,255,000  $341,132,000
  2.7   Environmental           21,754,000     22,396,000    44,150,000
  2.8   Solid Waste              6,139,000      6,283,000    12,422,000
  2.9   Petroleum Tank           3,335,000      3,385,000     6,720,000
  2.10  Metro Landfill 
  2.11  Contingency Trust          137,000        140,000       277,000
  2.12  Special Revenue         11,433,000     11,438,000    22,871,000
  2.13  State Government
  2.14  Special Revenue             42,000         43,000        85,000
  2.15  Natural Resources       20,804,000     21,039,000    41,843,000
  2.16  Game and Fish           55,664,000     57,151,000   112,815,000
  2.17  TOTAL        500,000   290,685,000    291,130,000   582,315,000
  2.18                                             APPROPRIATIONS 
  2.19                                         Available for the Year 
  2.20                                             Ending June 30 
  2.21                               1997         1998         1999 
  2.22  Sec. 2.  POLLUTION CONTROL    
  2.23  AGENCY  
  2.24  Subdivision 1.  Total           
  2.25  Appropriation                         44,507,000    43,120,000
  2.26                Summary by Fund
  2.27  General              13,981,000    11,749,000
  2.28  Environmental        20,233,000    20,865,000
  2.29  Solid Waste           6,039,000     6,183,000
  2.30  Metro Landfill 
  2.31  Contingency             137,000       140,000
  2.32  Special Revenue         740,000       755,000
  2.33  State Government
  2.34  Special Revenue          42,000        43,000
  2.35  Petroleum Tank        3,335,000     3,385,000
  2.36  The amounts that may be spent from this 
  2.37  appropriation for each program are 
  2.38  specified in the following subdivisions.
  2.39  Subd. 2.  Protection of Water 
  2.40      13,964,000     11,579,000
  2.41                Summary by Fund
  3.1   General              10,565,000     8,332,000
  3.2   Environmental         3,357,000     3,204,000
  3.3   State Government 
  3.4   Special Revenue          42,000        43,000
  3.5   $515,000 the first year and $519,000 
  3.6   the second year are for Minnesota River 
  3.7   nonpoint source pollution program.  
  3.8   $1,876,000 the first year and 
  3.9   $1,779,000 the second year are 
  3.10  appropriated for feedlot program 
  3.11  operations and enforcement.  Of these 
  3.12  amounts, $208,000 the first year and 
  3.13  $92,000 the second year are for 
  3.14  monitoring and assessing hydrogen 
  3.15  sulfide emissions from animal feedlots 
  3.16  and $855,000 the first year and 
  3.17  $855,000 the second year are for grants 
  3.18  for county administration of the 
  3.19  feedlot permit program.  This amount is 
  3.20  available for transfer to the board of 
  3.21  water and soil resources for 
  3.22  disbursement in accordance with 
  3.23  Minnesota Statutes, section 103B.3369, 
  3.24  in cooperation with the pollution 
  3.25  control agency.  Grants must be matched 
  3.26  with a combination of local cash and/or 
  3.27  in-kind contributions.  Counties 
  3.28  receiving these grants shall submit an 
  3.29  annual report to the pollution control 
  3.30  agency regarding activities conducted 
  3.31  under the grant, expenditures made, and 
  3.32  local match contributions.  First 
  3.33  priority for funding shall be given to 
  3.34  counties that have requested and 
  3.35  received delegation from the pollution 
  3.36  control agency for processing of animal 
  3.37  feedlot permit applications under 
  3.38  Minnesota Statutes, section 116.07, 
  3.39  subdivision 7.  Delegated counties 
  3.40  shall be eligible to receive a grant of 
  3.41  either:  $35 multiplied by the number 
  3.42  of livestock or poultry farms with 
  3.43  sales greater than $10,000, as reported 
  3.44  in the 1992 Census of Agriculture, 
  3.45  published by the United States Bureau 
  3.46  of Census; or $40 multiplied by the 
  3.47  number of feedlots with greater than 
  3.48  ten animal units as determined by a 
  3.49  level 2 or level 3 feedlot inventory 
  3.50  conducted in accordance with the 
  3.51  Feedlot Inventory Guidebook published 
  3.52  by the board of water and soil 
  3.53  resources, dated June 1991.  To receive 
  3.54  the additional funding that is based on 
  3.55  the county feedlot inventory, the 
  3.56  county shall submit a copy of the 
  3.57  inventory to the pollution control 
  3.58  agency.  Any remaining money is for 
  3.59  distribution to all counties on a 
  3.60  competitive basis through the challenge 
  3.61  grant process for the conducting of 
  3.62  feedlot inventories, development of 
  3.63  delegated county feedlot programs, and 
  3.64  for information and education or 
  3.65  technical assistance efforts to reduce 
  3.66  feedlot-related pollution hazards.  Any 
  3.67  unencumbered balance remaining in the 
  4.1   first year does not cancel and is 
  4.2   available for the second year of the 
  4.3   biennium. 
  4.4   $111,000 the first year and $113,000 
  4.5   the second year are for the operation 
  4.6   of water quality monitoring stations. 
  4.7   $102,000 the first year and $104,000 
  4.8   the second year are for water quality 
  4.9   statistical analysis. 
  4.10  $1,312,000 the first year and 
  4.11  $1,038,000 the second year are for 
  4.12  water monitoring activities.  Of these 
  4.13  amounts, $550,000 the first year and 
  4.14  $300,000 the second year are for 
  4.15  payment of a grant to the metropolitan 
  4.16  council for monitoring of metro area 
  4.17  rivers and streams. 
  4.18  $435,000 the first year and $435,000 
  4.19  the second year are for community 
  4.20  technical assistance and education. 
  4.21  $200,000 the first year and $200,000 
  4.22  the second year are for individual 
  4.23  sewage treatment system (ISTS) 
  4.24  administration. 
  4.25  $214,000 the first year and $214,000 
  4.26  the second year are for administration 
  4.27  of the wastewater infrastructure fund 
  4.28  (WIF) construction program. 
  4.29  Notwithstanding Laws 1994, chapter 617, 
  4.30  section 3, paragraph (b), the amount 
  4.31  spent of the $120,000 appropriation 
  4.32  from the environmental fund for the 
  4.33  ISTS program during the biennium ending 
  4.34  June 30, 1995, must be reimbursed to 
  4.35  the environmental fund no later than 
  4.36  June 30, 1999. 
  4.37  Subd. 3.  Protection of Air 
  4.38       7,810,000      8,573,000
  4.39                Summary by Fund
  4.40  Environmental         7,070,000     7,818,000
  4.41  Special Revenue         740,000       755,000
  4.42  Up to $150,000 in fiscal year 1998 and 
  4.43  $150,000 in fiscal year 1999 may be 
  4.44  transferred from the environmental fund 
  4.45  to the small business environmental 
  4.46  loan account established in Minnesota 
  4.47  Statutes, section 116.994. 
  4.48  $200,000 the first year and $200,000 
  4.49  the second year are from the 
  4.50  environmental fund for a monitoring 
  4.51  program under Minnesota Statutes, 
  4.52  section 116.454. 
  4.53  Subd. 4.  Protection of Land
  4.54      15,529,000     15,645,000
  5.1                 Summary by Fund
  5.2   General               1,679,000     1,699,000
  5.3   Environmental         6,013,000     5,948,000
  5.4   Metro Landfill 
  5.5   Contingency             129,000       132,000
  5.6   Solid Waste           4,964,000     5,081,000
  5.7   Petroleum Tank        2,744,000     2,785,000
  5.8   If the account balance is sufficient, 
  5.9   up to $3,900,000 the first year and up 
  5.10  to $3,900,000 the second year are 
  5.11  transferred from the motor vehicle 
  5.12  transfer account in the environmental 
  5.13  fund to the environmental response, 
  5.14  compensation, and compliance account in 
  5.15  the environmental fund and is 
  5.16  appropriated as provided in this 
  5.17  subdivision. 
  5.18  All money in the environmental 
  5.19  response, compensation, and compliance 
  5.20  account in the environmental fund not 
  5.21  otherwise appropriated is appropriated 
  5.22  to the commissioners of the pollution 
  5.23  control agency and the department of 
  5.24  agriculture for purposes of Minnesota 
  5.25  Statutes, section 115B.20, subdivision 
  5.26  2, clauses (1), (2), (3), (4), (11), 
  5.27  (12), and (13).  At the beginning of 
  5.28  each fiscal year, the two commissioners 
  5.29  shall jointly submit an annual spending 
  5.30  plan to the commissioner of finance 
  5.31  that maximizes the utilization of 
  5.32  resources and appropriately allocates 
  5.33  the money between the two agencies.  
  5.34  This appropriation is available until 
  5.35  June 30, 1999. 
  5.36  $51,000 the first year and $52,000 the 
  5.37  second year are from the solid waste 
  5.38  fund for transfer to the commissioner 
  5.39  of revenue to enhance compliance and 
  5.40  collection of solid waste assessments. 
  5.41  Subd. 5.  General Support 
  5.42       7,204,000      7,323,000
  5.43                Summary by Fund
  5.44  General               1,737,000     1,718,000
  5.45  Environmental         3,793,000     3,895,000
  5.46  Solid Waste           1,075,000     1,102,000
  5.47  Metro Landfill
  5.48  Contingency               8,000         8,000
  5.49  Petroleum Tank          591,000       600,000
  5.50  Sec. 3.  OFFICE OF ENVIRONMENTAL 
  5.51  ASSISTANCE                            20,463,000     20,539,000
  5.52                Summary by Fund
  6.1   General              19,211,000    19,277,000
  6.2   Environmental         1,252,000     1,262,000
  6.3   $14,008,000 the first year and 
  6.4   $14,008,000 the second year are for the 
  6.5   SCORE block grants to counties. 
  6.6   Any unencumbered grant and loan 
  6.7   balances in the first year do not 
  6.8   cancel but are available for grants and 
  6.9   loans in the second year. 
  6.10  All money in the metropolitan landfill 
  6.11  abatement account in the environmental 
  6.12  fund not otherwise appropriated is 
  6.13  appropriated to the office of 
  6.14  environmental assistance for the 
  6.15  purposes of Minnesota Statutes, section 
  6.16  473.844. 
  6.17  Sec. 4.  ZOOLOGICAL BOARD 
  6.18  Subdivision 1.  Total
  6.19  Appropriation                          5,545,000      5,368,000
  6.20  The amounts that may be spent from this 
  6.21  appropriation are specified in the 
  6.22  following subdivisions. 
  6.23  Subd. 2.  Biological Programs
  6.24         666,000        676,000 
  6.25  Subd. 3.  Operations
  6.26       4,804,000      4,692,000 
  6.27  $175,000 in the first year is for 
  6.28  computer systems.  
  6.29  Subd. 4.  Education Programs
  6.30          75,000        -0-
  6.31  Sec. 5.  NATURAL RESOURCES 
  6.32  Subdivision 1.  Total 
  6.33  Appropriation             500,000    171,051,000    173,517,000
  6.34                Summary by Fund
  6.35  General   500,000    94,514,000    95,259,000
  6.36  Game and Fish        55,664,000    57,151,000 
  6.37  Natural Resources    20,773,000    21,007,000
  6.38  Solid Waste             100,000       100,000
  6.39  The amounts that may be spent from this 
  6.40  appropriation for each program are 
  6.41  specified in the following subdivisions.
  6.42  Subd. 2.  Mineral Resources Management
  6.43       4,799,000      4,883,000
  6.44                Summary by Fund
  6.45  General               4,799,000     4,883,000
  7.1   $311,000 the first year and $311,000 
  7.2   the second year are for iron ore 
  7.3   cooperative research, of which $225,000 
  7.4   the first year and $225,000 the second 
  7.5   year are available only as matched by 
  7.6   $1 of nonstate money for each $1 of 
  7.7   state money.  Any unencumbered balance 
  7.8   remaining in the first year does not 
  7.9   cancel but is available for the second 
  7.10  year. 
  7.11  $376,000 the first year and $377,000 
  7.12  the second year are for mineral 
  7.13  diversification.  Any unencumbered 
  7.14  balance remaining in the first year 
  7.15  does not cancel but is available for 
  7.16  the second year.  
  7.17  $46,000 the first year and $47,000 the 
  7.18  second year are for minerals 
  7.19  cooperative environmental research, of 
  7.20  which $30,000 the first year and 
  7.21  $30,000 the second year are available 
  7.22  only as matched by $1 of nonstate money 
  7.23  for each $1 of state money.  Any 
  7.24  unencumbered balance remaining in the 
  7.25  first year does not cancel but is 
  7.26  available for the second year. 
  7.27  Subd. 3.  Water Resources Management
  7.28       9,371,000      9,535,000
  7.29                Summary by Fund
  7.30  General               9,120,000     9,279,000
  7.31  Natural Resources       251,000       256,000
  7.32  $95,000 the first year and $95,000 the 
  7.33  second year are for a grant to the 
  7.34  Mississippi headwaters board for up to 
  7.35  50 percent of the cost of implementing 
  7.36  the comprehensive plan for the upper 
  7.37  Mississippi within areas under its 
  7.38  jurisdiction.  
  7.39  $17,000 the first year and $17,000 the 
  7.40  second year are for payment to the 
  7.41  Leech Lake Band of Chippewa Indians to 
  7.42  implement its portion of the 
  7.43  comprehensive plan for the upper 
  7.44  Mississippi.  
  7.45  Subd. 4.  Forest Management 
  7.46      31,662,000     32,176,000
  7.47                Summary by Fund
  7.48  General              31,219,000    31,724,000
  7.49  Natural Resources       443,000       452,000
  7.50  $2,771,000 the first year and 
  7.51  $2,808,000 the second year are for 
  7.52  presuppression and suppression costs of 
  7.53  emergency fire fighting.  If the 
  7.54  amounts provided by fiscal year are 
  7.55  insufficient to cover all costs of 
  7.56  suppression, the amount necessary to 
  8.1   pay for emergency firefighting expenses 
  8.2   during the biennium is appropriated 
  8.3   from the general fund. 
  8.4   By November 1, 1998, and November 1, 
  8.5   1999, the commissioner shall submit to 
  8.6   the senate environment and natural 
  8.7   resources finance division and the 
  8.8   house environment and natural resources 
  8.9   finance committee a report that 
  8.10  includes:  (1) the planned harvest 
  8.11  levels for the preceding fiscal year 
  8.12  and the fiscal year in which the report 
  8.13  is being submitted, and documentation 
  8.14  of the methodology used to determine 
  8.15  these levels; (2) the volume of, and 
  8.16  revenue from, timber sales on state 
  8.17  land during the preceding fiscal year; 
  8.18  and (3) a description of the resource 
  8.19  protection guidelines followed in 
  8.20  implementing the planned harvest. 
  8.21  $1,018,000 the first year and 
  8.22  $1,030,000 the second year are for 
  8.23  implementation of the generic 
  8.24  environmental impact statement on 
  8.25  timber harvesting.  Up to $240,000 the 
  8.26  first year and $190,000 the second year 
  8.27  are available for grants to the 
  8.28  University of Minnesota College of 
  8.29  Natural Resources' Continuing Education 
  8.30  Center, county land departments for 
  8.31  participation in the Interagency 
  8.32  Information Cooperative, and for forest 
  8.33  research projects identified by the 
  8.34  Minnesota Forest Resources Council's 
  8.35  Research Advisory Committee.  Also, 
  8.36  $140,000 the first year and $140,000 
  8.37  the second year are for transfer to the 
  8.38  Forest Resources Council for the 
  8.39  council's activities under Minnesota 
  8.40  Statutes, chapter 89A. 
  8.41  Subd. 5.  Parks and Recreation 
  8.42  Management 
  8.43      25,315,000     25,727,000
  8.44                Summary by Fund
  8.45  General              24,684,000    25,095,000
  8.46  Natural Resources       631,000       632,000
  8.47  $631,000 the first year and $632,000 
  8.48  the second year are from the water 
  8.49  recreation account in the natural 
  8.50  resources fund for state park 
  8.51  development projects.  If the 
  8.52  appropriation in either year is 
  8.53  insufficient, the appropriation for the 
  8.54  other year is available for it. 
  8.55  $2,238,000 the first year and 
  8.56  $2,238,000 the second year are for 
  8.57  payment of a grant to the metropolitan 
  8.58  council for metropolitan area regional 
  8.59  parks maintenance and operation. 
  8.60  Subd. 6.  Trails and Waterways 
  8.61  Management 
  9.1       13,559,000     12,860,000
  9.2                 Summary by Fund
  9.3   General               1,952,000     1,377,000
  9.4   Game and Fish         1,279,000     1,051,000
  9.5   Natural Resources    10,328,000    10,432,000
  9.6   $2,852,000 the first year and 
  9.7   $2,852,000 the second year are from the 
  9.8   snowmobile trails and enforcement 
  9.9   account in the natural resources fund 
  9.10  for snowmobile grants-in-aid.  Also, 
  9.11  $600,000 the first year is from the 
  9.12  general fund for snowmobile 
  9.13  grants-in-aid. 
  9.14  $252,000 the first year and $254,000 
  9.15  the second year are from the water 
  9.16  recreation account in the natural 
  9.17  resources fund for a safe harbor 
  9.18  program on Lake Superior.  Any 
  9.19  unencumbered balance at the end of the 
  9.20  first year does not cancel and is 
  9.21  available for the second year.  
  9.22  The unobligated balance remaining in 
  9.23  the appropriation from the taconite 
  9.24  environmental protection fund, Laws 
  9.25  1996, chapter 407, section 3, to 
  9.26  acquire and develop the Iron Range 
  9.27  off-highway vehicle recreation area, 
  9.28  shall not cancel but be made available 
  9.29  until June 30, 1998. 
  9.30  Subd. 7.  Fish and Wildlife Management
  9.31      38,880,000     40,379,000
  9.32                Summary by Fund
  9.33  General               2,802,000     2,849,000
  9.34  Game and Fish        34,065,000    35,482,000
  9.35  Natural Resources     2,013,000     2,048,000
  9.36  $305,000 the first year and $310,000 
  9.37  the second year are for resource 
  9.38  population surveys in the 1837 treaty 
  9.39  area.  Of this amount, $104,000 the 
  9.40  first year and $106,000 the second year 
  9.41  are from the game and fish fund. 
  9.42  $923,000 the first year and $943,000 
  9.43  the second year are from the nongame 
  9.44  wildlife management account in the 
  9.45  natural resources fund for the purpose 
  9.46  of nongame wildlife management.  Any 
  9.47  unencumbered balance remaining in the 
  9.48  first year does not cancel but is 
  9.49  available the second year.  
  9.50  $1,337,000 the first year and 
  9.51  $1,361,000 the second year are for the 
  9.52  reinvest in Minnesota programs of game 
  9.53  and fish, critical habitat, and 
  9.54  wetlands established under Minnesota 
 10.1   Statutes, section 84.95, subdivision 
 10.2   2.  Any unencumbered balance for the 
 10.3   first year does not cancel but is 
 10.4   available for use the second year. 
 10.5   $1,110,000 the first year and 
 10.6   $1,117,000 the second year are from the 
 10.7   wildlife acquisition account for only 
 10.8   the purposes specified in Minnesota 
 10.9   Statutes, section 97A.071, subdivision 
 10.10  3. 
 10.11  $935,000 the first year and $956,000 
 10.12  the second year are from the deer 
 10.13  habitat improvement account for only 
 10.14  the purposes specified in Minnesota 
 10.15  Statutes, section 97A.075, subdivision 
 10.16  1, paragraph (b). 
 10.17  $60,000 the first year and $61,000 the 
 10.18  second year are from the deer and bear 
 10.19  management account for only the 
 10.20  purposes specified in Minnesota 
 10.21  Statutes, section 97A.075, subdivision 
 10.22  1, paragraph (c). 
 10.23  $668,000 the first year and $673,000 
 10.24  the second year are from the waterfowl 
 10.25  habitat improvement account for only 
 10.26  the purposes specified in Minnesota 
 10.27  Statutes, section 97A.075, subdivision 
 10.28  2. 
 10.29  $652,000 the first year and $654,000 
 10.30  the second year are from the trout and 
 10.31  salmon management account for only the 
 10.32  purposes specified in Minnesota 
 10.33  Statutes, section 97A.075, subdivision 
 10.34  3. 
 10.35  $545,000 the first year and $545,000 
 10.36  the second year are from the pheasant 
 10.37  habitat improvement account for only 
 10.38  the purposes specified in Minnesota 
 10.39  Statutes, section 97A.075, subdivision 
 10.40  4. 
 10.41  $292,000 the first year and $295,000 
 10.42  the second year are from the game and 
 10.43  fish fund for activities relating to 
 10.44  reduction and prevention of property 
 10.45  damage by wildlife.  $50,000 the first 
 10.46  year and $50,000 the second year are 
 10.47  for emergency damage abatement 
 10.48  materials. 
 10.49  $63,000 the first year and $63,000 the 
 10.50  second year are from the wild turkey 
 10.51  management account for only the 
 10.52  purposes specified in Minnesota 
 10.53  Statutes, section 97A.075, subdivision 
 10.54  5. 
 10.55  Subd. 8.  Enforcement 
 10.56      18,927,000     19,271,000
 10.57                Summary by Fund
 10.58  General               3,180,000     3,252,000
 11.1   Game and Fish        12,039,000    12,274,000
 11.2   Natural Resources     3,608,000     3,645,000
 11.3   Solid Waste             100,000       100,000
 11.4   $1,082,000 the first year and 
 11.5   $1,082,000 the second year are from the 
 11.6   water recreation account in the natural 
 11.7   resources fund for grants to counties 
 11.8   for boat and water safety. 
 11.9   $100,000 the first year and $100,000 
 11.10  the second year are from the solid 
 11.11  waste fund for solid waste enforcement 
 11.12  activities under Minnesota Statutes, 
 11.13  section 116.073. 
 11.14  Subd. 9.  Operations Support
 11.15            500,000    28,538,000    28,686,000
 11.16                Summary by Fund
 11.17  General   500,000    16,758,000    16,800,000
 11.18  Game and Fish         8,281,000     8,344,000
 11.19  Natural Resources     3,499,000     3,542,000
 11.20  The commissioner of natural resources 
 11.21  may contract with and make grants to 
 11.22  nonprofit agencies to carry out the 
 11.23  purposes, plans, and programs of the 
 11.24  office of youth programs, Minnesota 
 11.25  conservation corps. 
 11.26  The department shall submit to the 
 11.27  Minnesota office of technology for 
 11.28  review and approval its plans for 
 11.29  offering consumer access through the 
 11.30  North Star world wide web site. 
 11.31  $250,000 is appropriated in the first 
 11.32  year to be transferred to the director 
 11.33  of the office of strategic and 
 11.34  long-range planning.  The money is to 
 11.35  be used for a grant to the Northern 
 11.36  Counties Land Use Coordinating Board, 
 11.37  contingent on the board receiving 
 11.38  $125,000 in local matching funds.  The 
 11.39  grant is to be used for developing a 
 11.40  coordinated planning process and 
 11.41  comprehensive land use plans pursuant 
 11.42  to policy goals in the National 
 11.43  Environmental Policy Act, United States 
 11.44  Code, title 42, section 4331. 
 11.45  $500,000 in fiscal year 1997 is 
 11.46  appropriated for a binding arbitration 
 11.47  award related to the removal of the 
 11.48  Flandrau Dam. 
 11.49  Sec. 6.  BOARD OF WATER AND 
 11.50  SOIL RESOURCES                        14,986,000     14,929,000
 11.51  $5,353,000 the first year and 
 11.52  $5,353,000 the second year are for 
 11.53  natural resources block grants to local 
 11.54  governments.  Of this amount, $50,000 
 11.55  each year is for a grant to the north 
 12.1   shore management board and $35,000 each 
 12.2   year is for a grant to the St. Louis 
 12.3   River board. 
 12.4   Grants must be matched with a 
 12.5   combination of local cash or in-kind 
 12.6   contributions.  The base grant portion 
 12.7   related to water planning must be 
 12.8   matched by an amount that would be 
 12.9   raised by a levy under Minnesota 
 12.10  Statutes, section 103B.3369.  
 12.11  $2,054,000 the first year and 
 12.12  $2,054,000 the second year are for 
 12.13  grants to soil and water conservation 
 12.14  districts for general purposes and for 
 12.15  implementation of the RIM conservation 
 12.16  reserve program.  Upon approval of the 
 12.17  board, expenditures may be made from 
 12.18  these appropriations for supplies and 
 12.19  services benefiting soil and water 
 12.20  conservation districts. 
 12.21  $2,120,000 the first year and 
 12.22  $2,120,000 the second year are for 
 12.23  grants to soil and water conservation 
 12.24  districts for cost-sharing contracts 
 12.25  for erosion control and water quality 
 12.26  management.  This appropriation is 
 12.27  available until expended. 
 12.28  $189,000 the first year and $189,000 
 12.29  the second year are for grants to 
 12.30  watershed districts and other local 
 12.31  units of government in the southern 
 12.32  Minnesota river basin study area 2 for 
 12.33  floodplain management. 
 12.34  Any unencumbered balance in the board's 
 12.35  program of grants does not cancel at 
 12.36  the end of the first year and is 
 12.37  available for the second year for the 
 12.38  same grant program. 
 12.39  Sec. 7.  AGRICULTURE 
 12.40  Subdivision 1.  Total 
 12.41  Appropriation                         27,265,000    26,711,000
 12.42                Summary by Fund
 12.43  General              16,503,000    15,959,000
 12.44  Environmental           269,000       269,000
 12.45  Special 
 12.46  Revenue              10,493,000    10,483,000
 12.47  The amounts that may be spent from this 
 12.48  appropriation for each program are 
 12.49  specified in the following subdivisions.
 12.50  Subd. 2.  Protection Service 
 12.51      18,112,000     17,565,000
 12.52                Summary by Fund
 12.53  General               7,606,000     6,954,000
 12.54  Environmental           269,000       269,000
 13.1   Special
 13.2   Revenue              10,237,000    10,342,000
 13.3   $269,000 the first year and $269,000 
 13.4   the second year are from the 
 13.5   environmental response, compensation, 
 13.6   and compliance account in the 
 13.7   environmental fund. 
 13.8   $4,537,000 the first year and 
 13.9   $4,617,000 the second year are from the 
 13.10  pesticide regulatory account 
 13.11  established under Minnesota Statutes, 
 13.12  section 18B.05, for administration and 
 13.13  enforcement of Minnesota Statutes, 
 13.14  chapter 18B.  Of these amounts, 
 13.15  $250,000 the first year and $250,000 
 13.16  the second year are to expand the water 
 13.17  quality monitoring program. 
 13.18  $995,000 the first year and $1,010,000 
 13.19  the second year are from the fertilizer 
 13.20  inspection account established under 
 13.21  Minnesota Statutes, section 18C.131, 
 13.22  for administration and enforcement of 
 13.23  Minnesota Statutes, chapter 18C. 
 13.24  $50,000 the first year is from the 
 13.25  fertilizer account to provide a match 
 13.26  to the $50,000 appropriation from the 
 13.27  environmental trust fund to conduct 
 13.28  nitrate testing clinics. 
 13.29  $368,000 the first year and $368,000 
 13.30  the second year are from the seed 
 13.31  potato inspection fund established 
 13.32  under Minnesota Statutes, section 
 13.33  21.115, for administration and 
 13.34  enforcement of Minnesota Statutes, 
 13.35  sections 21.111 to 21.122. 
 13.36  $727,000 the first year and $741,000 
 13.37  the second year are from the seed 
 13.38  inspection fund established under 
 13.39  Minnesota Statutes, section 21.92, for 
 13.40  administration and enforcement of 
 13.41  Minnesota Statutes, sections 21.80 to 
 13.42  21.92. 
 13.43  $731,000 the first year and $744,000 
 13.44  the second year are from the commercial 
 13.45  feed inspection account established 
 13.46  under Minnesota Statutes, section 
 13.47  25.39, subdivision 4, for 
 13.48  administration and enforcement of 
 13.49  Minnesota Statutes, sections 25.35 to 
 13.50  25.44. 
 13.51  $530,000 the first year and $530,000 
 13.52  the second year are from the fruit and 
 13.53  vegetables inspection account 
 13.54  established under Minnesota Statutes, 
 13.55  section 27.07, subdivision 6, for 
 13.56  administration and enforcement of 
 13.57  Minnesota Statutes, section 27.07. 
 13.58  $1,975,000 the first year and 
 13.59  $2,008,000 the second year are from the 
 13.60  dairy services account established 
 13.61  under Minnesota Statutes, section 
 13.62  32.394, subdivision 9, for the purpose 
 14.1   of dairy services under Minnesota 
 14.2   Statutes, chapter 32. 
 14.3   $324,000 the first year and $324,000 
 14.4   the second year are from the livestock 
 14.5   weighing fund established under 
 14.6   Minnesota Statutes, section 17A.11, for 
 14.7   the purpose of livestock weighing costs 
 14.8   under Minnesota Statutes, chapter 17A. 
 14.9   $100,000 the first year and $100,000 
 14.10  the second year are appropriated for a 
 14.11  contract with the Minnesota institute 
 14.12  for sustainable agriculture to gather, 
 14.13  evaluate, publish, and disseminate 
 14.14  sustainable agriculture information to 
 14.15  a broad audience through both printed 
 14.16  and electronic means.  The Minnesota 
 14.17  institute for sustainable agriculture 
 14.18  must work in cooperation with the 
 14.19  department of agriculture in carrying 
 14.20  out this activity.  
 14.21  $800,000 the first year is for a 
 14.22  matching grant for wheat and barley 
 14.23  scab research. 
 14.24  $53,000 the first year and $53,000 the 
 14.25  second year are for payment of claims 
 14.26  relating to livestock damaged by 
 14.27  threatened or endangered animal species 
 14.28  and agricultural crops damaged by elk.  
 14.29  If the appropriation for either year is 
 14.30  insufficient, the appropriation for the 
 14.31  other year is available for it. 
 14.32  Subd. 3.  Promotion and Marketing 
 14.33       3,175,000      3,110,000
 14.34                 Summary by Fund
 14.35  General              2,919,000    2,969,000
 14.36  Special Revenue        256,000      141,000
 14.37  Notwithstanding Minnesota Statutes, 
 14.38  section 41A.09, subdivision 3, the 
 14.39  total payments from the ethanol 
 14.40  development account to all producers 
 14.41  may not exceed $49,059,000 for the 
 14.42  biennium ending June 30, 1999. 
 14.43  Notwithstanding Laws 1995, chapter 220, 
 14.44  section 7, subdivision 3, if the total 
 14.45  amount for which all producers are 
 14.46  eligible in a quarter exceeds the 
 14.47  amount available for payments during 
 14.48  fiscal year 1997, the commissioner 
 14.49  shall distribute funds so that each 
 14.50  plant receives payments calculated on a 
 14.51  pro rata basis for the entire fiscal 
 14.52  year in which the shortage occurs. 
 14.53  $100,000 the first year and $100,000 
 14.54  the second year are for ethanol 
 14.55  promotion and public education. 
 14.56  $71,000 the first year and $71,000 the 
 14.57  second year are for transfer to the 
 14.58  Minnesota grown matching account and 
 15.1   may be used as grants for Minnesota 
 15.2   grown promotion under Minnesota 
 15.3   Statutes, section 17.109. 
 15.4   $141,000 the first year and $141,000 
 15.5   the second year are from the 
 15.6   commodities research and promotion 
 15.7   account in the special revenue fund. 
 15.8   $115,000 is from the Minnesota 
 15.9   conservation fund, established in 
 15.10  Minnesota Statutes, section 40A.151, to 
 15.11  the commissioner of agriculture to 
 15.12  provide a match to the $100,000 
 15.13  appropriation from the future resources 
 15.14  fund to evaluate the effectiveness of 
 15.15  Minnesota's agricultural land 
 15.16  preservation programs, make 
 15.17  recommendations for statutory and 
 15.18  programmatic improvements, and identify 
 15.19  and quantify fiscal impacts of urban 
 15.20  sprawl. 
 15.21  $76,000 the first year and $77,000 the 
 15.22  second year are for development and 
 15.23  promotion of integrated pest management 
 15.24  in an urban environment.  The urban 
 15.25  integrated pest management development 
 15.26  and promotion program must be 
 15.27  coordinated with Metropolitan State 
 15.28  University. 
 15.29  $80,000 the first year and $80,000 the 
 15.30  second year are for grants to farmers 
 15.31  for demonstration projects involving 
 15.32  sustainable agriculture.  If a project 
 15.33  cost is more than $25,000, the amount 
 15.34  above $25,000 must be cost-shared at a 
 15.35  state-applicant ratio of one to one.  
 15.36  Priorities must be given for projects 
 15.37  involving multiple parties.  Up to 
 15.38  $20,000 each year may be used for 
 15.39  dissemination of information about the 
 15.40  demonstration grant projects.  The 
 15.41  commissioner may award as grants, up to 
 15.42  $60,000 per biennium for market 
 15.43  development and analysis of small, 
 15.44  community-based, value-added processing 
 15.45  of agricultural products or production 
 15.46  of high value crops.  Individual awards 
 15.47  may not exceed $10,000.  Criteria for 
 15.48  awards must be consistent with 
 15.49  Minnesota Statutes, section 17.116, 
 15.50  subdivision 3, paragraph (c).  If the 
 15.51  appropriation for either year is 
 15.52  insufficient, the appropriation for the 
 15.53  other is available. 
 15.54  Subd. 4.  Administration and 
 15.55  Financial Assistance 
 15.56       5,978,000      6,036,000
 15.57  $100,000 the first year and $100,000 
 15.58  the second year must be spent for the 
 15.59  WIC coupon program. 
 15.60  $50,000 the first year and $50,000 the 
 15.61  second year are for dairy policy 
 15.62  studies and federal milk marketing 
 15.63  order reform. 
 16.1   $115,000 the first year and $99,000 the 
 16.2   second year are for family farm 
 16.3   security interest payment adjustments.  
 16.4   If the appropriation for either year is 
 16.5   insufficient, the appropriation for the 
 16.6   other year is available for it.  No new 
 16.7   loans may be approved in fiscal year 
 16.8   1998 or 1999.  
 16.9   $201,000 the first year and $202,000 
 16.10  the second year are for the family farm 
 16.11  advocacy program. 
 16.12  $70,000 the first year and $70,000 the 
 16.13  second year are for the Northern Crops 
 16.14  Institute.  
 16.15  $150,000 the first year and $150,000 
 16.16  the second year are for grants to 
 16.17  agriculture information centers.  
 16.18  $115,000 the first year and $115,000 
 16.19  the second year are for the seaway port 
 16.20  authority of Duluth. 
 16.21  $19,000 the first year and $19,000 the 
 16.22  second year are for a grant to the 
 16.23  Minnesota livestock breeder's 
 16.24  association. 
 16.25  $50,000 the first year and $50,000 the 
 16.26  second year are for the Passing on the 
 16.27  Farm Center under Minnesota Statutes, 
 16.28  section 17.985.  This appropriation is 
 16.29  available only to the extent matched 
 16.30  with nonstate money. 
 16.31  $290,000 the first year and $290,000 
 16.32  the second year are to develop a 
 16.33  scientific data base on odor from 
 16.34  feedlots, conduct research on 
 16.35  biofilters as odor suppressants, and 
 16.36  evaluate composting and drainage 
 16.37  systems for effectiveness.  This is a 
 16.38  one-time appropriation. 
 16.39  $1,250,000 the first year and 
 16.40  $1,250,000 the second year are for an 
 16.41  electronic information management 
 16.42  system.  In addition to this 
 16.43  appropriation, up to $250,000 each year 
 16.44  may be expended from the agency 
 16.45  indirect cost account and allocated 
 16.46  through the agency's indirect cost 
 16.47  plan.  Payment of the allocation is 
 16.48  waived for any account if the payment 
 16.49  will cause fees to be increased. 
 16.50  Sec. 8.  BOARD OF ANIMAL HEALTH        2,259,000      2,303,000
 16.51  Sec. 9.  MINNESOTA-WISCONSIN
 16.52  BOUNDARY AREA COMMISSION                 172,000        177,000
 16.53                Summary by Fund
 16.54  General                 141,000       145,000
 16.55  Natural Resources        31,000        32,000
 16.56  This appropriation is only available to 
 16.57  the extent it is matched by an equal 
 17.1   amount from the state of Wisconsin. 
 17.2   $31,000 the first year and $32,000 the 
 17.3   second year are from the water 
 17.4   recreation account in the natural 
 17.5   resources fund for the St. Croix 
 17.6   management and stewardship program. 
 17.7   Sec. 10.  CITIZEN'S COUNCIL ON 
 17.8   VOYAGEURS NATIONAL PARK                   63,000         64,000
 17.9   Sec. 11.  SCIENCE MUSEUM 
 17.10  OF MINNESOTA                           1,136,000      1,164,000
 17.11  Sec. 12.  MINNESOTA ACADEMY 
 17.12  OF SCIENCE                                36,000         36,000
 17.13  Sec. 13.  MINNESOTA HORTICULTURAL 
 17.14  SOCIETY                                   72,000         72,000
 17.15  Sec. 14.  AGRICULTURAL UTILIZATION
 17.16  RESEARCH INSTITUTE                     3,130,000      3,130,000
 17.17                Summary by Fund
 17.18  General               2,930,000     2,930,000
 17.19  Special Revenue         200,000       200,000
 17.20  $200,000 the first year and $200,000 
 17.21  the second year are from the pesticide 
 17.22  regulatory account to be used for 
 17.23  cooperative research including 
 17.24  pesticide use reduction, technology 
 17.25  transfer of pesticide reduction 
 17.26  practices, and the evaluation and 
 17.27  demonstration of best management 
 17.28  practices as developed by the Minnesota 
 17.29  department of agriculture, with the 
 17.30  goals of achieving a reduction in input 
 17.31  costs of producers and improving 
 17.32  utilization of integrated pest 
 17.33  management, biological pest controls, 
 17.34  and other pesticide reduction 
 17.35  practices.  Research may also be 
 17.36  conducted regarding agricultural 
 17.37  chemical spill site remediation. 
 17.38     Sec. 15.  Minnesota Statutes 1996, section 17.4988, is 
 17.39  amended to read: 
 17.40     17.4988 [LICENSE AND INSPECTION FEES.] 
 17.41     Subdivision 1.  [REQUIREMENTS FOR ISSUANCE.] A permit or 
 17.42  license must be issued by the commissioner if the requirements 
 17.43  of law are met and the license and permit fees specified in this 
 17.44  section are paid. 
 17.45     Subd. 2.  [AQUATIC FARMING LICENSE.] (a) The annual fee for 
 17.46  an aquatic farming license is $275. 
 17.47     (b) The aquatic farming license may contain endorsements 
 17.48  for the rights and privileges of the following licenses under 
 17.49  the game and fish laws.  The endorsement must be made upon 
 18.1   payment of the license fee prescribed in section 97A.475 for the 
 18.2   following licenses: 
 18.3      (1) minnow dealer license; 
 18.4      (2) minnow retailer license for sale of minnows as bait; 
 18.5      (3) minnow exporting license; 
 18.6      (4) minnow dealer helper license; 
 18.7      (5) aquatic farm vehicle endorsement, which includes a 
 18.8   minnow dealer vehicle license, a minnow retailer vehicle 
 18.9   license, an exporting minnow hauler vehicle license, and a fish 
 18.10  vendor vehicle license; 
 18.11     (6) (5) sucker egg taking license; and 
 18.12     (7) (6) game fish packers license. 
 18.13     Subd. 3.  [INSPECTION FEES.] The fees for the following 
 18.14  inspections are:  
 18.15     (1) initial inspection of each water to be licensed, $50; 
 18.16     (2) fish health inspection and certification, $20 
 18.17  plus $80 $100 per lot thereafter; and 
 18.18     (3) initial inspection for containment and quarantine 
 18.19  facility inspections, $50. 
 18.20     Subd. 4.  [AQUARIUM FACILITY.] (a) A person operating a 
 18.21  commercial aquarium facility must have a commercial aquarium 
 18.22  facility license issued by the commissioner if the facility 
 18.23  contains species of aquatic life that are for sale and that are 
 18.24  present in waters of the state.  The commissioner may require an 
 18.25  aquarium facility license for aquarium facilities importing or 
 18.26  holding species of aquatic life that are for sale and that are 
 18.27  not present in Minnesota if those species can survive in waters 
 18.28  of the state.  The fee for an aquarium facility license 
 18.29  is $15 $20. 
 18.30     (b) Game fish transferred by an aquarium facility must be 
 18.31  accompanied by a receipt containing the information required on 
 18.32  a shipping document by section 17.4985, subdivision 3, paragraph 
 18.33  (b). 
 18.34     Sec. 16.  Minnesota Statutes 1996, section 18C.421, 
 18.35  subdivision 1, is amended to read: 
 18.36     Subdivision 1.  [SEMIANNUAL STATEMENT.] (a) Each licensed 
 19.1   distributor of fertilizer and each registrant of a specialty 
 19.2   fertilizer, soil amendment, or plant amendment must file a 
 19.3   semiannual statement for the periods ending December 31 and June 
 19.4   30 with the commissioner on forms furnished by the commissioner 
 19.5   stating the number of net tons and grade of each raw fertilizer 
 19.6   material distributed or the number of net tons of each brand or 
 19.7   grade of fertilizer, soil amendment, or plant amendment 
 19.8   distributed in this state during the reporting period. 
 19.9      (b) A report from a licensee who sells to an ultimate 
 19.10  consumer must be accompanied by records or invoice copies 
 19.11  indicating the name of the distributor who paid the inspection 
 19.12  fee, the net tons received, and the grade or brand name of the 
 19.13  products received.  
 19.14     (c) (b) The report is due on or before the last day of the 
 19.15  month following the close of each reporting period of each 
 19.16  calendar year.  
 19.17     (d) (c) The inspection fee at the rate stated in section 
 19.18  18C.425, subdivision 6, must accompany the statement.  
 19.19     Sec. 17.  Minnesota Statutes 1996, section 18C.421, 
 19.20  subdivision 4, is amended to read: 
 19.21     Subd. 4.  [RESPONSIBILITY FOR INSPECTION FEES.] If more 
 19.22  than one person is involved in the distribution of a fertilizer, 
 19.23  soil amendment, or plant amendment, the distributor who imports, 
 19.24  manufactures, or produces the fertilizer or who has the 
 19.25  specialty fertilizer, soil amendment, or plant amendment 
 19.26  registered is responsible for the inspection fee on products 
 19.27  produced or brought into this state.  The distributor must 
 19.28  separately list the inspection fee on the invoice to the 
 19.29  licensee.  The last licensee must retain the invoices showing 
 19.30  proof of inspection fees paid for three years and must pay the 
 19.31  inspection fee on products brought into this state before July 
 19.32  1, 1989, unless the reporting and paying of fees have been made 
 19.33  by a prior distributor of the fertilizer.  The last person 
 19.34  licensed or who has the specialty fertilizer, soil amendment, or 
 19.35  plant amendment registered and who distributes to a nonlicensed 
 19.36  or nonregistered dealer or consumer in this state must pay the 
 20.1   inspection fee to the commissioner. 
 20.2      Sec. 18.  Minnesota Statutes 1996, section 18C.425, 
 20.3   subdivision 1, is amended to read: 
 20.4      Subdivision 1.  [APPLICATION FEES FERTILIZER LICENSE.] (a) 
 20.5   An application for other licenses a license for each fixed 
 20.6   location to be covered by the license within the state must be 
 20.7   accompanied by a nonrefundable application fee of $100 fee. 
 20.8      (b) An application for a license for all fixed locations of 
 20.9   a firm outside of the state must be accompanied by 
 20.10  a nonrefundable application fee of $100. 
 20.11     (c) An application for a license to cover mobile mechanical 
 20.12  units must be accompanied by a nonrefundable application fee of 
 20.13  $100 for the first unit operated by one distributor and $50 for 
 20.14  each additional mobile mechanical unit.  
 20.15     Sec. 19.  Minnesota Statutes 1996, section 18C.425, 
 20.16  subdivision 2, is amended to read: 
 20.17     Subd. 2.  [SPECIALTY FERTILIZER REGISTRATION.] An 
 20.18  application for registration of a specialty fertilizer must be 
 20.19  accompanied by a registration nonrefundable application fee of 
 20.20  $100 for each brand and grade to be sold or distributed as 
 20.21  provided in section 18C.411.  
 20.22     Sec. 20.  Minnesota Statutes 1996, section 18C.425, 
 20.23  subdivision 3, is amended to read: 
 20.24     Subd. 3.  [SOIL AMENDMENT AND PLANT AMENDMENT 
 20.25  REGISTRATION.] An application for registration of a soil 
 20.26  amendment or plant amendment must be accompanied by a 
 20.27  registration nonrefundable application fee of $200 for each 
 20.28  brand sold or distributed as provided in section 18C.411. 
 20.29     Sec. 21.  Minnesota Statutes 1996, section 18C.425, 
 20.30  subdivision 6, is amended to read: 
 20.31     Subd. 6.  [INSPECTION FEES.] A The person who sells or 
 20.32  distributes responsible for payment of the inspection fees for 
 20.33  fertilizers, soil amendments, or plant amendments sold and used 
 20.34  in this state must pay an inspection fee amounting to the 
 20.35  greater of 15 25 cents per ton of fertilizer, soil amendment, 
 20.36  and plant amendment sold or distributed in this state or, with a 
 21.1   minimum of $10 on all tonnage reports.  Products sold or 
 21.2   distributed to manufacturers or exchanged between them are 
 21.3   exempt from the inspection fee imposed by this subdivision if 
 21.4   the products are used exclusively for manufacturing purposes. 
 21.5      Sec. 22.  Minnesota Statutes 1996, section 18C.531, 
 21.6   subdivision 2, is amended to read: 
 21.7      Subd. 2.  [AGRICULTURAL LIMING MATERIALS.] "Agricultural 
 21.8   liming materials" means materials whose calcium or magnesium 
 21.9   compounds, or both, account for an ENP of 30 20 percent or more 
 21.10  and includes, but is not limited to, burnt lime, hydrated lime, 
 21.11  industrial by-product, limestone, and marl.  
 21.12     Sec. 23.  Minnesota Statutes 1996, section 18C.551, is 
 21.13  amended to read: 
 21.14     18C.551 [LICENSE APPLICATION, SAMPLING, AND INSPECTION 
 21.15  FEES.] 
 21.16     Subdivision 1.  [APPLICATION FEE AGRICULTURAL LIMING 
 21.17  MATERIALS LICENSE.] An application for a license must be 
 21.18  accompanied by a nonrefundable license application fee of $150.  
 21.19  This fee shall does not apply to occasional sales of 50 tons or 
 21.20  less on an annual basis.  
 21.21     Subd. 2.  [ADDITIONAL FEE AFTER JANUARY 1 FOR LATE 
 21.22  APPLICATION.] If an application for license renewal is not filed 
 21.23  before January 1, an additional nonrefundable application fee of 
 21.24  50 percent of the amount due may be assessed before the renewal 
 21.25  license is issued. 
 21.26     Subd. 2a.  [FEE FOR PRODUCT USE WITHOUT INITIAL 
 21.27  LICENSE.] An applicant shall pay an additional application fee 
 21.28  equal to the amount due for each license required if the 
 21.29  applicant has distributed or used products in this state before 
 21.30  the commissioner has issued an initial license for the products 
 21.31  distributed or used. 
 21.32     Subd. 3.  [INSPECTION FEES.] A person shall pay an 
 21.33  inspection fee, at the rate of five cents per ton, must be paid 
 21.34  to the commissioner for all agricultural liming material offered 
 21.35  for sale or sold in this state with a minimum of $10 on all 
 21.36  tonnage reports.  If more than one person is involved in the 
 22.1   distribution of agricultural liming material, the person who 
 22.2   first sells or imports the agricultural liming material is 
 22.3   responsible for the inspection fee.  A person licensed under 
 22.4   section 18C.541 must retain invoices showing proof of inspection 
 22.5   fees paid.  
 22.6      Subd. 4.  [SAMPLE AND ANALYSIS FEE.] The commissioner may 
 22.7   sample agricultural liming material from a source of production 
 22.8   to the extent the commissioner considers necessary to implement 
 22.9   sections 18C.531 to 18C.575.  The commissioner shall charge a 
 22.10  sampling fee of $40 must be assessed for each sample collected.  
 22.11  If the sample and analysis fee is not paid before 60 days after 
 22.12  billing, the commissioner shall assess an additional 
 22.13  nonrefundable late payment fee of 50 percent of the total sample 
 22.14  and analysis fee due. 
 22.15     Subd. 5.  [DEPOSIT OF FEES.] Fees and penalties collected 
 22.16  under sections 18C.531 to 18C.575 must be deposited in the 
 22.17  general fund.  
 22.18     Sec. 24.  Minnesota Statutes 1996, section 25.31, is 
 22.19  amended to read: 
 22.20     25.31 [CITATION, COMMERCIAL FEED LAW.] 
 22.21     Sections 25.31 to 25.44 shall be 25.43 are known and may be 
 22.22  cited as the Minnesota Commercial Feed Law. 
 22.23     Sec. 25.  Minnesota Statutes 1996, section 25.32, is 
 22.24  amended to read: 
 22.25     25.32 [ENFORCING OFFICIAL.] 
 22.26     Sections 25.31 to 25.44 25.43 shall be administered by the 
 22.27  commissioner of the department of agriculture, hereinafter 
 22.28  referred to as the "commissioner". 
 22.29     Sec. 26.  Minnesota Statutes 1996, section 25.33, 
 22.30  subdivision 1, is amended to read: 
 22.31     Subdivision 1.  [SCOPE.] When used in sections 25.31 to 
 22.32  25.44 25.43, the terms defined in this section have the meanings 
 22.33  given them. 
 22.34     Sec. 27.  Minnesota Statutes 1996, section 25.33, 
 22.35  subdivision 5, is amended to read: 
 22.36     Subd. 5.  [COMMERCIAL FEED.] "Commercial feed" means all 
 23.1   materials except or combinations of materials that are 
 23.2   distributed or intended to be distributed for use as feed or for 
 23.3   mixing in feed, including feed for aquatic animals, unless the 
 23.4   materials are specifically exempted.  Unmixed seed, whole or 
 23.5   processed, when seeds and physically altered entire unmixed 
 23.6   seeds, if the whole or physically altered seeds are not 
 23.7   chemically changed or are not adulterated within the meaning of 
 23.8   section 25.37, paragraphs paragraph (a), (b), (c), or (d) which 
 23.9   are distributed for use as feed or for mixing in feed, including 
 23.10  feed for aquatic animals are exempt.  The commissioner by rule 
 23.11  may exempt from this definition, or from specific provisions of 
 23.12  sections 25.31 to 25.44 25.43, commodities such as hay, straw, 
 23.13  stover, silage, cobs, husks, hulls, and individual chemical 
 23.14  compounds or substances when such if those commodities, 
 23.15  compounds, or substances are not intermixed with other 
 23.16  materials, and are not adulterated within the meaning of section 
 23.17  25.37, paragraphs paragraph (a), (b), (c), or (d). 
 23.18     Sec. 28.  Minnesota Statutes 1996, section 25.33, 
 23.19  subdivision 6, is amended to read: 
 23.20     Subd. 6.  [FEED INGREDIENT.] "Feed ingredient" means each 
 23.21  of the constituent materials making up a commercial feed or pet 
 23.22  food.  
 23.23     Sec. 29.  Minnesota Statutes 1996, section 25.33, 
 23.24  subdivision 9, is amended to read: 
 23.25     Subd. 9.  [CUSTOMER FORMULA FEED.] "Customer formula feed" 
 23.26  means commercial feed which consists of a mixture of commercial 
 23.27  feeds or feed ingredients or both, each batch of which is:  (1)  
 23.28  manufactured according to the specific instructions of formula 
 23.29  developed and provided by the final purchaser; or (2) 
 23.30  exclusively formulated for a specific final purchaser.  
 23.31     Sec. 30.  Minnesota Statutes 1996, section 25.33, 
 23.32  subdivision 20, is amended to read: 
 23.33     Subd. 20.  [PET.] "Pet" means any a domesticated animal dog 
 23.34  or cat normally maintained in or near the household of the its 
 23.35  owner thereof.  
 23.36     Sec. 31.  Minnesota Statutes 1996, section 25.33, is 
 24.1   amended by adding a subdivision to read: 
 24.2      Subd. 21.  [COMMISSIONER.] "Commissioner" means the 
 24.3   commissioner of agriculture or a designated representative. 
 24.4      Sec. 32.  Minnesota Statutes 1996, section 25.33, is 
 24.5   amended by adding a subdivision to read:  
 24.6      Subd. 22.  [SPECIALTY PET.] "Specialty pet" means a 
 24.7   domesticated animal normally maintained in a cage or tank, 
 24.8   including, but not limited to, a gerbil, hamster, canary, 
 24.9   psittacine bird, mynah, finch, tropical fish, goldfish, snake, 
 24.10  or turtle.  "Specialty pet" does not include a dog, cat, horse, 
 24.11  rabbit, or wild bird.  
 24.12     Sec. 33.  Minnesota Statutes 1996, section 25.33, is 
 24.13  amended by adding a subdivision to read: 
 24.14     Subd. 23.  [SPECIALTY PET FOOD.] "Specialty pet food" means 
 24.15  commercial feed prepared and distributed for consumption by 
 24.16  specialty pets. 
 24.17     Sec. 34.  Minnesota Statutes 1996, section 25.33, is 
 24.18  amended by adding a subdivision to read:  
 24.19     Subd. 24.  [QUANTITY STATEMENT.] "Quantity statement" means 
 24.20  a statement of the net weight (mass), net volume (liquid or 
 24.21  dry), count, or other form of measurement. 
 24.22     Sec. 35.  [25.341] [LICENSING.] 
 24.23     Subdivision 1.  [REQUIREMENT.] Before a person may:  (1) 
 24.24  manufacture a commercial feed in the state; (2) distribute a 
 24.25  commercial feed in or into the state; or (3) have the person's 
 24.26  name appear on the label of a commercial feed as guarantor, the 
 24.27  person must have a commercial feed license for each 
 24.28  manufacturing or distributing facility.  A person who makes only 
 24.29  retail sales of commercial feed bearing labeling or another 
 24.30  approved indication that the commercial feed is from a licensed 
 24.31  manufacturer, guarantor, or distributor who has assumed full 
 24.32  responsibility for the tonnage inspection fee due under sections 
 24.33  25.31 to 25.43 is not required to obtain a license.  
 24.34     Subd. 2.  [APPLICATION; FEE; TERM.] A person who is 
 24.35  required to have a commercial feed license shall submit an 
 24.36  application on a form provided or approved by the commissioner 
 25.1   accompanied by a license fee of $25 paid to the commissioner for 
 25.2   each facility.  The license year is the calendar year.  A 
 25.3   license expires on December 31 of the year for which it is 
 25.4   issued, except that a license is valid through January 31 of the 
 25.5   next year or until the issuance of the renewal license, 
 25.6   whichever comes first, if the licensee has filed a renewal 
 25.7   application with the commissioner on or before December 31 of 
 25.8   the year for which the current license was issued.  A new 
 25.9   applicant who fails to obtain a license within 15 working days 
 25.10  of notification of the requirement to obtain a license, or a 
 25.11  licensee who fails to comply with license renewal requirements, 
 25.12  shall pay a $50 late fee in addition to the license fee.  The 
 25.13  commissioner may issue a withdrawal from distribution order on 
 25.14  any commercial feed that an unlicensed person produces or 
 25.15  distributes in the state until a license is issued.  
 25.16     Subd. 3.  [FORM; RULES.] The commissioner shall adopt rules 
 25.17  governing the form and content of the commercial feed license 
 25.18  application.  
 25.19     Subd. 4.  [COPIES OF LABELS.] The commissioner may request 
 25.20  from a licensee copies of labels and labeling in order to 
 25.21  determine compliance with sections 25.31 to 25.43.  
 25.22     Subd. 5.  [DENIAL; REVOCATION; SUSPENSION; LIMITS.] The 
 25.23  commissioner may deny a license to a person or suspend or revoke 
 25.24  the license of a person who is not in compliance with sections 
 25.25  25.31 to 25.43.  The commissioner may impose conditions that 
 25.26  limit production or distribution of a particular commercial feed 
 25.27  on the license of a person who is not in compliance with 
 25.28  sections 25.31 to 25.43.  A license may not be conditionalized, 
 25.29  suspended, refused, or revoked unless the applicant or licensee 
 25.30  has been given an opportunity to be heard before the 
 25.31  commissioner in order to comply with the requirements of 
 25.32  sections 25.31 to 25.43.  
 25.33     Sec. 36.  Minnesota Statutes 1996, section 25.35, is 
 25.34  amended to read: 
 25.35     25.35 [LABELING.] 
 25.36     A commercial feed shall be labeled as follows: 
 26.1      (a) In case of A commercial feed, except a customer formula 
 26.2   feed, it shall must be accompanied by a label bearing the 
 26.3   following information: 
 26.4      (1) The net weight. 
 26.5      (2) the product name and the brand name, if any, under 
 26.6   which the commercial feed is distributed.; 
 26.7      (3) (2) the guaranteed analysis, stated in such terms as 
 26.8   the commissioner requires by rule determines is required, to 
 26.9   advise the user of the composition of the feed or to support 
 26.10  claims made in the labeling.  In all cases The substances or 
 26.11  elements must be determinable by laboratory methods such as the 
 26.12  methods published by the Association of Official Analytical 
 26.13  Chemists. AOAC International or other generally recognized 
 26.14  methods; 
 26.15     (4) (3) the common or usual name of each ingredient used in 
 26.16  the manufacture of the commercial feed.  The commissioner may by 
 26.17  rule permit the use of a collective term for a group of 
 26.18  ingredients which perform a similar function, or may exempt such 
 26.19  commercial feeds, or any group thereof, of commercial feeds from 
 26.20  this requirement of an ingredient statement on finding that such 
 26.21  an ingredient statement is not required in the interest of 
 26.22  consumers.; 
 26.23     (5) (4) the name and principal mailing address of the 
 26.24  manufacturer or the person responsible for distributing the 
 26.25  commercial feed.; 
 26.26     (6) (5) adequate directions for use for all commercial 
 26.27  feeds containing drugs and for such other feeds as the 
 26.28  commissioner may require by rule as necessary for their safe and 
 26.29  effective use.; 
 26.30     (7) Such (6) precautionary statements as which the 
 26.31  commissioner determines by rule determines are necessary for the 
 26.32  safe and effective use of the commercial feed.; and 
 26.33     (7) a quantity statement.  
 26.34     (b) In the case of A customer formula feed, it shall must 
 26.35  be accompanied by a label, invoice, delivery slip, or other 
 26.36  shipping document, bearing the following information: 
 27.1      (1) name and address of the manufacturer.; 
 27.2      (2) name and address of the purchaser.; 
 27.3      (3) date of delivery.; 
 27.4      (4) the product name and brand name, if any, and either 
 27.5   (1) (i) the net weight quantity of each registered commercial 
 27.6   feed used in the mixture, and the net weight of each other 
 27.7   ingredient used in the mixture, or (2) (ii) a guaranteed 
 27.8   analysis and list of ingredients in paragraph (A), (3) and 
 27.9   (4). (a), clauses (2) and (3); 
 27.10     (5) adequate directions for use for all customer formula 
 27.11  feeds containing drugs and for such other feeds as the 
 27.12  commissioner may require requires by rule as necessary for their 
 27.13  safe and effective use.; 
 27.14     (6) Such precautionary statements as the commissioner 
 27.15  determines by rule determines are necessary for the safe and 
 27.16  effective use of the customer formula feed.; and 
 27.17     (7) if a product containing a drug is used:  
 27.18     (i) the purpose of the medication (claim statement); and 
 27.19     (ii) the established name of each active drug ingredient 
 27.20  and the level of each drug used in the final mixture expressed 
 27.21  in a manner required by the commissioner by rule.  
 27.22     Sec. 37.  Minnesota Statutes 1996, section 25.36, is 
 27.23  amended to read: 
 27.24     25.36 [MISBRANDING.] 
 27.25     A commercial feed shall be deemed to be is misbranded if: 
 27.26     (a) If (1) its labeling is false or misleading in any 
 27.27  particular.; 
 27.28     (b) If (2) it is distributed under the name of another 
 27.29  commercial feed.; 
 27.30     (c) If (3) it is not labeled as required in section 25.35.; 
 27.31     (d) If (4) it purports to be or is represented as a 
 27.32  commercial feed, or if it purports to contain or is represented 
 27.33  as containing a commercial feed ingredient unless such that 
 27.34  commercial feed or feed ingredient conforms to the definition, 
 27.35  if any, prescribed by rule by the commissioner.; 
 27.36     (e) If (5) any word, statement, or other information 
 28.1   required by or under authority of sections 25.31 to 25.44 25.43 
 28.2   to appear on the label or labeling is not prominently 
 28.3   placed thereon on it with such conspicuousness as compared with 
 28.4   other words, statements, designs, or devices in the labeling, 
 28.5   and in such terms as to render it likely to be read and 
 28.6   understood by the ordinary individual under customary conditions 
 28.7   of purchase and use.; or 
 28.8      (6) its labeling would deceive or mislead the purchaser 
 28.9   with respect to its composition or suitability. 
 28.10     Sec. 38.  Minnesota Statutes 1996, section 25.37, is 
 28.11  amended to read: 
 28.12     25.37 [ADULTERATION.] 
 28.13     (a) A commercial feed shall be deemed to be or a material 
 28.14  exempted from the definition of commercial feed under section 
 28.15  25.33, subdivision 5, is adulterated if: 
 28.16     (a) If (1) it bears or contains any a poisonous or 
 28.17  deleterious substance which may render it injurious to health; 
 28.18  but in case the substance is not an added substance, such the 
 28.19  commercial feed shall is not be considered adulterated under 
 28.20  this section if the quantity of such the substance in such the 
 28.21  commercial feed does not ordinarily render it injurious to 
 28.22  health; or 
 28.23     (b) If (2) it bears or contains any an added poisonous, 
 28.24  added deleterious, or added nonnutritive substance which is 
 28.25  unsafe within the meaning of section 406 of the federal Food, 
 28.26  Drug, and Cosmetic Act, other than the one which is a pesticide 
 28.27  chemical in or on a raw agricultural commodity, or a food 
 28.28  additive; or 
 28.29     (c) If (3) it is, unsafe or it bears or contains any food 
 28.30  additive which is unsafe within the meaning of section 409 of 
 28.31  the federal Food, Drug, and Cosmetic Act; or 
 28.32     (d) If (4) it is a raw agricultural commodity and it bears 
 28.33  or contains a pesticide chemical which is unsafe within the 
 28.34  meaning of section 408(a) of the federal Food, Drug, and 
 28.35  Cosmetic Act; provided, that where a pesticide chemical has been 
 28.36  used in or on a raw agricultural commodity in conformity with an 
 29.1   exemption granted or a tolerance prescribed under section 408 of 
 29.2   the federal Food, Drug, and Cosmetic Act and such that raw 
 29.3   agricultural commodity has been subjected to processing such as 
 29.4   canning, cooking, freezing, dehydrating, or milling, the residue 
 29.5   of such the pesticide chemical remaining in or on such the 
 29.6   processed feed shall is not be deemed unsafe if such the 
 29.7   residue in or on the raw agricultural commodity has been removed 
 29.8   to the extent possible in good manufacturing practice and the 
 29.9   concentration of such the residue in the processed feed is not 
 29.10  greater than the tolerance prescribed for the raw agricultural 
 29.11  commodity unless the feeding of such the processed feed will 
 29.12  result or is likely to result in a pesticide residue in the 
 29.13  edible product of the animal, which is unsafe within the meaning 
 29.14  of section 408(a) of the federal Food, Drug, and Cosmetic 
 29.15  Act; or 
 29.16     (e) If (5) it is, or it bears or contains any color 
 29.17  additive which is unsafe within the meaning of section 706 of 
 29.18  the federal Food, Drug, and Cosmetic Act; or 
 29.19     (6) it is, or it bears or contains, any new animal drug 
 29.20  which is unsafe within the meaning of section 512 of the federal 
 29.21  Food, Drug, and Cosmetic Act; 
 29.22     (7) it consists, in whole or in part, of any filthy, 
 29.23  putrid, or decomposed substance, or is otherwise unfit for feed; 
 29.24     (8) it has been prepared, packed, or held under unsanitary 
 29.25  conditions whereby it may have become contaminated with filth or 
 29.26  may have been rendered injurious to health; 
 29.27     (9) it is, in whole or in part, the product of a diseased 
 29.28  animal or of an animal which has died otherwise than by 
 29.29  slaughter which is unsafe within the meaning of section 
 29.30  402(a)(1) or (2) of the federal Food, Drug, and Cosmetic Act; 
 29.31     (10) its container is composed, in whole or in part, of any 
 29.32  poisonous or deleterious substance which may render the contents 
 29.33  injurious to health; or 
 29.34     (11) it has been intentionally subjected to radiation, 
 29.35  unless the use of the radiation was in conformity with a 
 29.36  regulation or exemption in effect under section 409 of the 
 30.1   federal Food, Drug, and Cosmetic Act.  
 30.2      (b) A commercial feed is adulterated if: 
 30.3      (f) If (1) any valuable constituent has been in whole or in 
 30.4   part omitted or abstracted therefrom from it or any less 
 30.5   valuable substance substituted therefor for a constituent; or 
 30.6      (g) If (2) its composition or quality falls below or 
 30.7   differs from that which it is purported or is represented to 
 30.8   possess by its labeling; or 
 30.9      (h) If (3) it contains a drug and the methods used in or 
 30.10  the facilities or controls used for its manufacture, processing, 
 30.11  or packaging do not conform to current good manufacturing 
 30.12  practice rules promulgated by the commissioner to assure that 
 30.13  the drug meets the requirement safety requirements of sections 
 30.14  25.31 to 25.44 as to safety 25.43 and has the identity and 
 30.15  strength and meets the quality and purity characteristics which 
 30.16  it purports or is represented to possess.  In promulgating such 
 30.17  adopting rules under this clause, the commissioner shall adopt 
 30.18  the current good manufacturing practice rules for medicated feed 
 30.19  premixes and for medicated feeds established under authority of 
 30.20  the federal Food, Drug, and Cosmetic Act, unless the 
 30.21  commissioner determines that they are not appropriate to the 
 30.22  conditions which exist in this state; or 
 30.23     (i) If (4) it contains viable weed seeds in amounts 
 30.24  exceeding the limits which established by the commissioner shall 
 30.25  establish by rule. 
 30.26     Sec. 39.  Minnesota Statutes 1996, section 25.38, is 
 30.27  amended to read: 
 30.28     25.38 [PROHIBITED ACTS.] 
 30.29     The following acts and the causing thereof within the state 
 30.30  of the following acts in Minnesota are prohibited: 
 30.31     (a) The (1) manufacture or distribution of any commercial 
 30.32  feed that is adulterated or misbranded.; 
 30.33     (b) The (2) adulteration or misbranding of any commercial 
 30.34  feed .; 
 30.35     (c) The (3) distribution of agricultural commodities such 
 30.36  as whole seed, hay, straw, stover, silage, cobs, husks, and 
 31.1   hulls, which are adulterated within the meaning of section 
 31.2   25.37 (a), (b), (c), and (d).; 
 31.3      (d) The (4) removal or disposal of a commercial feed in 
 31.4   violation of an order under section 25.42.; 
 31.5      (e) The (5) failure or refusal to register in accordance 
 31.6   with obtain a commercial feed license under section 
 31.7   25.34. 25.341 or to provide a small package listing under 
 31.8   section 25.39; or 
 31.9      (f) (6) failure to pay inspection fees or file reports as 
 31.10  required by section 25.39.  
 31.11     Sec. 40.  Minnesota Statutes 1996, section 25.39, is 
 31.12  amended to read: 
 31.13     25.39 [INSPECTION FEES AND REPORTS.] 
 31.14     Subdivision 1.  [AMOUNT OF FEE.] (a) An inspection fee at 
 31.15  the rate of 16 cents per ton shall must be paid to the 
 31.16  commissioner on commercial feeds distributed in this state by 
 31.17  the person who first distributes the commercial feed to the 
 31.18  consumer, subject to the following, except that no fee needs to 
 31.19  be paid on: 
 31.20     (a) No fee shall be paid on (1) a commercial feed if the 
 31.21  payment has been made by a previous distributor.; 
 31.22     (b) No fee shall be paid on (2) customer formula feeds if 
 31.23  the inspection fee is paid on the commercial feeds which are 
 31.24  used as ingredients therein.; or 
 31.25     (c) No fee shall be paid on (3) commercial feeds which are 
 31.26  used as ingredients for the manufacture of commercial 
 31.27  feeds which are registered if the fee has been paid by a 
 31.28  previous distributor.  If the fee has already been paid, 
 31.29  credit shall must be given for such that payment.  A Minnesota 
 31.30  feed distributor who distributes commercial feed to purchasers 
 31.31  outside the state may purchase commercial feeds, without payment 
 31.32  by any person of the inspection fee required on such those 
 31.33  purchases, under a permit issued by the commissioner.  Such 
 31.34  permits shall only be issued to commercial feed distributors who 
 31.35  comply with such rules as may be required adopted by the 
 31.36  commissioner relative to recordkeeping, tonnage of commercial 
 32.1   feed distributed in Minnesota, total of all commercial feed 
 32.2   tonnage distributed, and all other information which the 
 32.3   commissioner may require so as to insure ensure that proper 
 32.4   inspection fee payment has been made.  
 32.5      (d) (b) In the case of a commercial feed which is pet food 
 32.6   distributed in the state only in packages of ten pounds or less, 
 32.7   a listing of each product and a current label for each product 
 32.8   must be submitted annually on forms provided by the commissioner 
 32.9   and accompanied by an annual fee of $50 shall be paid for each 
 32.10  product in lieu of the inspection fee specified above.  This 
 32.11  annual fee is due by July 1.  The inspection fee required by 
 32.12  paragraph (a) applies to pet food distributed in packages 
 32.13  exceeding ten pounds. 
 32.14     (c) In the case of specialty pet food distributed in the 
 32.15  state only in packages of ten pounds or less, a listing of each 
 32.16  product and a current label for each product must be submitted 
 32.17  annually on forms provided by the commissioner and accompanied 
 32.18  by an annual fee of $25 for each product in lieu of the 
 32.19  inspection fee.  This annual fee is due by July 1.  The 
 32.20  inspection fee required by paragraph (a) applies to specialty 
 32.21  pet food distributed in packages exceeding ten pounds.  
 32.22     (d) The minimum inspection fee is $10 per annual reporting 
 32.23  period. 
 32.24     Subd. 2.  [CONTAINERS OF TEN POUNDS OR LESS.] A distributor 
 32.25  who is subject to the annual fee specified in subdivision 1, 
 32.26  paragraph (b) or (c), shall do the following:  
 32.27     (1) before beginning distribution, file with the 
 32.28  commissioner a listing of pet and specialty pet foods to be 
 32.29  distributed in the state only in containers of ten pounds or 
 32.30  less, on forms provided by the commissioner.  The listing under 
 32.31  this clause must be renewed annually before July 1 and is the 
 32.32  basis for the payment of the annual fee.  New products added 
 32.33  during the year must be submitted to the commissioner as a 
 32.34  supplement to the annual listing before distribution; and 
 32.35     (2) if the annual renewal of the listing is not received 
 32.36  before July 1 or if an unlisted product is distributed, pay a 
 33.1   late filing fee of $10 per product in addition to the normal 
 33.2   charge for the listing.  The late filing fee under this clause 
 33.3   is in addition to any other penalty under this chapter.  
 33.4      Subd. 2 3.  [SEMIANNUAL ANNUAL STATEMENT.] Each A 
 33.5   person who is liable for the payment of such a fee under this 
 33.6   section shall file with the commissioner on forms furnished by 
 33.7   the commissioner, a semiannual an annual statement for the 
 33.8   periods ending December 31 and June 30 setting forth the number 
 33.9   of net tons of commercial feeds distributed in this state during 
 33.10  such reporting period the calendar year.  The report shall be is 
 33.11  due on or before by the 30th 31st of the month following the 
 33.12  close of each reporting period of each calendar year each 
 33.13  January.  The inspection fee at the rate specified in 
 33.14  subdivision 1, shall must accompany the statement.  For each 
 33.15  tonnage report not filed or payment of inspection fees not 
 33.16  made within 30 days after the end of a reporting period on time, 
 33.17  a penalty of 10 ten percent of the amount due, with a minimum 
 33.18  penalty of $10, shall must be assessed against the registrant, 
 33.19  and the amount of fees due, plus penalty, shall constitute is a 
 33.20  debt and may be recovered in a civil action against the 
 33.21  registrant.  The assessment of this penalty shall does not 
 33.22  prevent the department from taking other actions as provided in 
 33.23  this chapter.  
 33.24     Subd. 3 4.  [RECORDS.] Each distributor person required to 
 33.25  pay an inspection fee or to report in accordance with this 
 33.26  section shall keep such records as may be that are necessary or 
 33.27  required by the commissioner to indicate accurately the tonnage 
 33.28  of commercial feed distributed in this state, and the 
 33.29  commissioner shall have the right to may examine such those 
 33.30  records to verify statements of tonnage.  Failure to make an 
 33.31  accurate statement of tonnage or to pay the inspection fee or 
 33.32  comply as provided herein shall constitute with this section is 
 33.33  sufficient cause for the cancellation of all registrations on 
 33.34  file for the commercial feed license of the distributor.  
 33.35     Subd. 4 5.  [COMMERCIAL FEED INSPECTION ACCOUNT.] A 
 33.36  commercial feed inspection account is established in the state 
 34.1   treasury.  Fees and penalties collected under sections 25.35 to 
 34.2   25.44 25.43 and interest attributable to money in the account 
 34.3   must be deposited in the state treasury and credited to the 
 34.4   commercial feed inspection account.  
 34.5      Sec. 41.  Minnesota Statutes 1996, section 25.41, 
 34.6   subdivision 6, is amended to read: 
 34.7      Subd. 6.  [METHODS.] Sampling and analysis shall must be 
 34.8   conducted in accordance with methods published by 
 34.9   the Association of Official Analytical Chemists, AOAC 
 34.10  International or in accordance with other generally recognized 
 34.11  methods.  
 34.12     Sec. 42.  Minnesota Statutes 1996, section 32.394, 
 34.13  subdivision 8, is amended to read: 
 34.14     Subd. 8.  [GRADE A INSPECTION FEES.] A processor or 
 34.15  marketing organization of milk, milk products, sheep milk, or 
 34.16  goat milk who wishes to market Grade A milk or use the Grade A 
 34.17  label must apply for Grade A inspection service from the 
 34.18  commissioner.  A pasteurization plant requesting Grade A 
 34.19  inspection service must hold a Grade A permit and pay an annual 
 34.20  inspection fee of no more than $500 which includes the 
 34.21  inspection of one pasteurization unit.  For each additional unit 
 34.22  the annual fee is $140.  For Grade A farm inspection service, 
 34.23  the fee must be no more than $50 per farm, paid annually by the 
 34.24  processor or by the marketing organization on behalf of its 
 34.25  patrons must be according to the following schedule of herd 
 34.26  size:  1-29 cows $50, 30-49 cows $60, 50-99 cows $70, 100-199 
 34.27  cows $80, and 200 or more cows $90.  For a farm requiring a 
 34.28  reinspection in addition to the required biannual inspections, 
 34.29  an additional fee of no more than $25 $45 per reinspection must 
 34.30  be paid by the processor or by the marketing organization on 
 34.31  behalf of its patrons.  The Grade A farm inspection fee must not 
 34.32  exceed the lesser of (1) 40 percent of the department's actual 
 34.33  average cost per farm inspection or reinspection; or (2) the 
 34.34  dollar limits set in this subdivision.  No fee increase may be 
 34.35  implemented until after the commissioner has held three or more 
 34.36  public hearings.  
 35.1      Sec. 43.  Minnesota Statutes 1996, section 32.394, 
 35.2   subdivision 8a, is amended to read: 
 35.3      Subd. 8a.  [LABORATORY CERTIFICATION.] A laboratory, before 
 35.4   conducting a test the results of which are to be used in the 
 35.5   enforcement of requirements for distribution of milk, milk 
 35.6   products, sheep milk, or goat milk under the Grade A label, must 
 35.7   be certified as meeting the requirements for laboratory approval 
 35.8   that are established by rule of the commissioner, and must 
 35.9   receive a permit from the commissioner.  The annual permit shall 
 35.10  remain valid without renewal unless suspended or revoked by the 
 35.11  commissioner for failure to comply with the requirements.  
 35.12  Satisfactory analytical procedures and results for split 
 35.13  samples, the nature, number and frequency of which shall be in 
 35.14  accordance with rules established by the commissioner, shall be 
 35.15  required of a certified laboratory for retention of its 
 35.16  certification and permit. 
 35.17     An application for initial The annual fee for laboratory 
 35.18  certification or for recertification following suspension or 
 35.19  revocation of a permit shall be accompanied by a based on the 
 35.20  number of criteria the laboratory is certified to perform.  The 
 35.21  annual fee of for each criterion must be not less than 
 35.22  $100 $80 nor more than $350 $120.  The fee for each set of split 
 35.23  samples shall must be not less than $25 nor more than $75 $125.  
 35.24  The commissioner may annually adjust assessments within the 
 35.25  limits established by this subdivision to meet the cost of the 
 35.26  services required by this subdivision. 
 35.27     A certified laboratory of record on June 5, 1975 shall be 
 35.28  issued a permit without having to pay the initial certification 
 35.29  fee. 
 35.30     Sec. 44.  Minnesota Statutes 1996, section 32.394, 
 35.31  subdivision 8b, is amended to read: 
 35.32     Subd. 8b.  [MANUFACTURING GRADE FARM CERTIFICATION.] A 
 35.33  processor or marketing organization of milk, milk products, 
 35.34  sheep milk, or goat milk who wishes to market other than Grade A 
 35.35  milk must apply for a manufacturing grade farm certification 
 35.36  inspection from the commissioner.  A manufacturing plant that 
 36.1   pasteurizes milk or milk by-products must pay an annual fee 
 36.2   based on the number of pasteurization units.  This fee must not 
 36.3   exceed $140 per unit of not more than $250 which includes the 
 36.4   inspection of one pasteurization unit.  For each additional unit 
 36.5   the annual fee is $140.  The fee for farm certification 
 36.6   inspection must not be more than $25 per farm be according to 
 36.7   the following schedule of herd size:  1-29 cows $25, 30-49 cows 
 36.8   $30, 50-99 cows $35, 100-199 cows $40, 200 or more cows $45.  
 36.9   These fees are to be paid annually by the processor or by the 
 36.10  marketing organization on behalf of its patrons.  For a farm 
 36.11  requiring more than the one inspection for certification, a 
 36.12  reinspection fee of no more than $25 $45 must be paid by the 
 36.13  processor or by the marketing organization on behalf of its 
 36.14  patrons.  The fee must be set by the commissioner in an amount 
 36.15  necessary to cover 40 percent of the department's actual cost of 
 36.16  providing the annual inspection but must not exceed the limits 
 36.17  in this subdivision.  No fee increase may be implemented until 
 36.18  after the commissioner has held three or more public hearings.  
 36.19     Sec. 45.  Minnesota Statutes 1996, section 32.394, 
 36.20  subdivision 8d, is amended to read: 
 36.21     Subd. 8d.  [PROCESSOR ASSESSMENT.] (a) A manufacturer shall 
 36.22  pay to the commissioner a fee for fluid milk processed and, milk 
 36.23  used in the manufacture of fluid milk products, frozen dairy 
 36.24  desserts, and mix sold for retail sale in Minnesota.  Beginning 
 36.25  May 1, 1993, The fee for fluid milk and milk products is not 
 36.26  less than six cents per hundredweight and not more than nine 
 36.27  cents per hundredweight.  The fee for frozen dairy desserts and 
 36.28  mix is not less than three-tenths of one cent per gallon or more 
 36.29  than one cent per gallon.  If the commissioner determines that a 
 36.30  different fee, not less than five cents and not more than nine 
 36.31  cents per hundredweight, when combined with general fund 
 36.32  appropriations and fees charged under sections 31.39 and 32.394, 
 36.33  subdivision 8, is needed to provide adequate funding for the 
 36.34  Grades A and B inspection programs and the administration and 
 36.35  enforcement of Laws 1993, chapter 65 sections 32.70 to 32.74, 
 36.36  the commissioner may, by rule, change the fee on processors 
 37.1   within the range provided within this subdivision. 
 37.2      (b) Processors must report quantities of milk processed 
 37.3   under paragraph (a) on forms provided by the commissioner.  
 37.4   Processor fees must be paid monthly.  The commissioner may 
 37.5   require the production of records as necessary to determine 
 37.6   compliance with this subdivision. 
 37.7      (c) The commissioner may create within the department a 
 37.8   dairy consulting program to provide assistance to dairy 
 37.9   producers who are experiencing problems meeting the sanitation 
 37.10  and quality requirements of the dairy laws and rules. 
 37.11     The commissioner may use money appropriated from the dairy 
 37.12  services account created in subdivision 9 to pay for the program 
 37.13  authorized in this paragraph. 
 37.14     Sec. 46.  Minnesota Statutes 1996, section 35.71, 
 37.15  subdivision 5, is amended to read: 
 37.16     Subd. 5.  [ANNUAL LICENSE FEE.] Each licensed institution 
 37.17  must pay to the board a license fee of $50 $100 for each 
 37.18  calendar year or part of a calendar year.  License fees must be 
 37.19  deposited in the general fund of the state treasury. 
 37.20     Sec. 47.  Minnesota Statutes 1996, section 35.824, is 
 37.21  amended to read: 
 37.22     35.824 [APPLICATION FOR REGISTRATION; PENALTIES, DUPLICATE 
 37.23  BRANDS.] 
 37.24     The board shall prepare standard forms and supply the forms 
 37.25  for distribution to those who desire to apply for a brand.  The 
 37.26  application must show a left and right side view of the animals 
 37.27  upon which a mark or brand will be eligible for registry.  The 
 37.28  mark or brand location must be designated to the following body 
 37.29  regions:  head, bregma, right and left jaw, neck, shoulder, rib, 
 37.30  hip, and breech.  The applicant must select at least three 
 37.31  distinct marks or brands listed in preferred order, and three 
 37.32  locations on the animal listed in preferred order.  The 
 37.33  application must be properly signed and notarized and 
 37.34  accompanied by a fee of $10 $25.  The mark or brand, if approved 
 37.35  and accepted by the board, is valid during the ten-year period 
 37.36  in which it is recorded.  A person who knowingly places on an 
 38.1   animal a mark or brand which has not been registered with the 
 38.2   board and which is in duplication of a mark or brand that is 
 38.3   registered with the board is guilty of a felony.  "Duplication"  
 38.4   means the use of a similar mark or brand, used in any position 
 38.5   on the animal designated for the use of a registered mark or 
 38.6   brand, such as the head, bregma, jaw, neck, shoulder, rib, hip, 
 38.7   or breech.  A person who alters or defaces a brand or mark on 
 38.8   any animal to prevent its identification by its owner is guilty 
 38.9   of a felony.  
 38.10     Sec. 48.  Minnesota Statutes 1996, section 41A.09, 
 38.11  subdivision 3a, is amended to read: 
 38.12     Subd. 3a.  [PAYMENTS.] (a) The commissioner of agriculture 
 38.13  shall make cash payments to producers of ethanol, anhydrous 
 38.14  alcohol, and wet alcohol located in the state.  These payments 
 38.15  shall apply only to ethanol, anhydrous alcohol, and wet alcohol 
 38.16  fermented in the state and produced at plants that have begun 
 38.17  production by June 30, 2000 1998.  If the total amount for which 
 38.18  all producers are eligible in a quarter exceeds the amount 
 38.19  available for payments, the commissioner shall distribute funds 
 38.20  so that each plant receives payments calculated on a pro rata 
 38.21  basis for the entire fiscal year in which the shortage occurs.  
 38.22  For the purpose of this subdivision, an entity that holds a 
 38.23  controlling interest in more than one ethanol plant is 
 38.24  considered a single producer.  The amount of the payment for 
 38.25  each producer's annual production is: 
 38.26     (1) except as provided in paragraph (b), for each gallon of 
 38.27  ethanol or anhydrous alcohol produced on or before June 30, 
 38.28  2000, or ten years after the start of production, whichever is 
 38.29  later, 20 cents per gallon; and 
 38.30     (2) for each gallon produced of wet alcohol on or before 
 38.31  June 30, 2000, or ten years after the start of production, 
 38.32  whichever is later, a payment in cents per gallon calculated by 
 38.33  the formula "alcohol purity in percent divided by five," and 
 38.34  rounded to the nearest cent per gallon, but not less than 11 
 38.35  cents per gallon. 
 38.36     The producer payments for anhydrous alcohol and wet alcohol 
 39.1   under this section may be paid to either the original producer 
 39.2   of anhydrous alcohol or wet alcohol or the secondary processor, 
 39.3   at the option of the original producer, but not to both. 
 39.4      (b) If the level of production at an ethanol plant 
 39.5   increases due to an increase in the production capacity of the 
 39.6   plant and the increased production begins by June 30, 2000, the 
 39.7   payment under paragraph (a), clause (1), applies to the 
 39.8   additional increment of production until ten years after the 
 39.9   increased production began.  Once a plant's production capacity 
 39.10  reaches 15,000,000 gallons per year, no additional increment 
 39.11  will qualify for the payment. 
 39.12     (c) The commissioner shall make payments to producers of 
 39.13  ethanol or wet alcohol in the amount of 1.5 cents for each 
 39.14  kilowatt hour of electricity generated using closed-loop biomass 
 39.15  in a cogeneration facility at an ethanol plant located in the 
 39.16  state.  Payments under this paragraph shall be made only for 
 39.17  electricity generated at cogeneration facilities that begin 
 39.18  operation by June 30, 2000.  The payments apply to electricity 
 39.19  generated on or before the date ten years after the producer 
 39.20  first qualifies for payment under this paragraph.  Total 
 39.21  payments under this paragraph in any fiscal year may not exceed 
 39.22  $750,000.  For the purposes of this paragraph: 
 39.23     (1) "closed-loop biomass" means any organic material from a 
 39.24  plant that is planted for the purpose of being used to generate 
 39.25  electricity or for multiple purposes that include being used to 
 39.26  generate electricity; and 
 39.27     (2) "cogeneration" means the combined generation of: 
 39.28     (i) electrical or mechanical power; and 
 39.29     (ii) steam or forms of useful energy, such as heat, that 
 39.30  are used for industrial, commercial, heating, or cooling 
 39.31  purposes. 
 39.32     (d) The total payments under paragraphs (a) and (b) to all 
 39.33  producers may not exceed $30,000,000 in a fiscal year.  Total 
 39.34  payments under paragraphs (a) and (b) to a producer in a fiscal 
 39.35  year may not exceed $3,000,000. 
 39.36     (e) By the last day of October, January, April, and July, 
 40.1   each producer shall file a claim for payment for ethanol, 
 40.2   anhydrous alcohol, and wet alcohol production during the 
 40.3   preceding three calendar months.  A producer with more than one 
 40.4   plant shall file a separate claim for each plant.  A producer 
 40.5   shall file a separate claim for the original production capacity 
 40.6   of each plant and for each additional increment of production 
 40.7   that qualifies under paragraph (b).  A producer that files a 
 40.8   claim under this subdivision shall include a statement of the 
 40.9   producer's total ethanol, anhydrous alcohol, and wet alcohol 
 40.10  production in Minnesota during the quarter covered by the claim, 
 40.11  including anhydrous alcohol and wet alcohol produced or received 
 40.12  from an outside source.  A producer shall file a separate claim 
 40.13  for any amount claimed under paragraph (c).  For each claim and 
 40.14  statement of total ethanol, anhydrous alcohol, and wet alcohol 
 40.15  production filed under this subdivision, the volume of ethanol, 
 40.16  anhydrous alcohol, and wet alcohol production or amounts of 
 40.17  electricity generated using closed-loop biomass must be examined 
 40.18  by an independent certified public accountant in accordance with 
 40.19  standards established by the American Institute of Certified 
 40.20  Public Accountants. 
 40.21     (f) Payments shall be made November 15, February 15, May 
 40.22  15, and August 15.  A separate payment shall be made for each 
 40.23  claim filed.  The total quarterly payment to a producer under 
 40.24  this paragraph, excluding amounts paid under paragraph (c), may 
 40.25  not exceed $750,000.  If the total amount for which all 
 40.26  producers are eligible in a quarter under paragraphs (a) and (b) 
 40.27  exceeds $7,500,000, the commissioner shall make payments in the 
 40.28  order in which the portion of production capacity covered by 
 40.29  each claim went into production.  If the total amount of ethanol 
 40.30  or wet alcohol production reported for a quarter under paragraph 
 40.31  (e) equals or exceeds 55,000,000 gallons or if total quarterly 
 40.32  claims are filed for an amount over $7,500,000: 
 40.33     (1) payments under this subdivision do not apply to the 
 40.34  amount of claims over $7,500,000 or to the amount produced in 
 40.35  excess of 55,000,000 gallons; 
 40.36     (2) the commissioner shall make payments to producers in 
 41.1   the order in which the portion of production capacity covered by 
 41.2   each claim began production; and 
 41.3      (3) only those producers that receive payments for the 
 41.4   quarter, or received payments under paragraph (a) or (b) in an 
 41.5   earlier quarter, will be eligible for future ethanol or wet 
 41.6   alcohol production payments under this subdivision. 
 41.7      (g) If the total amount for which all producers are 
 41.8   eligible in a quarter under paragraph (c) exceeds the amount 
 41.9   available for payments, the commissioner shall make payments in 
 41.10  the order in which the plants covered by the claims began 
 41.11  generating electricity using closed-loop biomass. 
 41.12     Sec. 49.  Minnesota Statutes 1996, section 84.027, is 
 41.13  amended by adding a subdivision to read: 
 41.14     Subd. 15.  [ELECTRONIC TRANSACTIONS.] (a) The commissioner 
 41.15  may receive an application for, sell, and issue any license, 
 41.16  stamp, permit, registration, or transfer under the jurisdiction 
 41.17  of the commissioner by electronic means, including by 
 41.18  telephone.  The commissioner may: 
 41.19     (1) provide for the electronic transfer of funds generated 
 41.20  by electronic transactions, including by telephone; 
 41.21     (2) appoint agents to administer electronic transactions; 
 41.22     (3) assign a license identification number to an applicant 
 41.23  who purchases a hunting or fishing license by electronic means, 
 41.24  to serve as temporary authorization to engage in the licensed 
 41.25  activity until the license is received or expires; 
 41.26     (4) charge and permit agents to charge a reasonable 
 41.27  transaction fee and credit card fee of individuals who make 
 41.28  electronic transactions, including transactions by telephone; 
 41.29  and 
 41.30     (5) adopt rules to administer the provisions of this 
 41.31  subdivision. 
 41.32     (b) A county shall not collect a commission for the sale of 
 41.33  licenses or permits made by agents appointed by the commissioner 
 41.34  under this subdivision. 
 41.35     Sec. 50.  Minnesota Statutes 1996, section 85.055, 
 41.36  subdivision 1, is amended to read: 
 42.1      Subdivision 1.  [FEES.] The fee for state park permits for: 
 42.2      (1) an annual use of state parks is $20 $23; 
 42.3      (2) a second vehicle state park permit is $15; 
 42.4      (3) a state park permit valid up to two days is $4; 
 42.5      (4) a daily vehicle state park permit for groups is $2; 
 42.6      (5) an employee's state park permit is without charge; and 
 42.7      (6) a state park permit for handicapped persons under 
 42.8   section 85.053, subdivision 7, clauses (1) and (2), is $12.  
 42.9      The fees specified in this subdivision include any sales 
 42.10  tax required by state law. 
 42.11     Sec. 51.  Minnesota Statutes 1996, section 97A.015, is 
 42.12  amended by adding a subdivision to read: 
 42.13     Subd. 27a.  [LICENSE IDENTIFICATION NUMBER.] "License 
 42.14  identification number" means a verification number issued under 
 42.15  the authority of the commissioner in conjunction with the 
 42.16  electronic purchase of a license or stamp and valid until the 
 42.17  license is received by the purchaser. 
 42.18     Sec. 52.  Minnesota Statutes 1996, section 97A.028, 
 42.19  subdivision 1, is amended to read: 
 42.20     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
 42.21  subdivision apply to this section. 
 42.22     (b) "Agricultural crops" means annually seeded crops, 
 42.23  legumes, fruit orchards, tree farms and nurseries, turf farms, 
 42.24  and apiaries. 
 42.25     (c) "Parcel" has the meaning given in section 272.03, 
 42.26  subdivision 6. 
 42.27     (d) "Specialty crops" means fruit orchards, vegetables, 
 42.28  tree farms and nurseries, turf farms, and apiaries. 
 42.29     (e) "Stored forage crops" means hay, silage, grain, or 
 42.30  other crops that have been harvested and placed in storage for 
 42.31  commercial livestock feeding. 
 42.32     Sec. 53.  Minnesota Statutes 1996, section 97A.028, 
 42.33  subdivision 3, is amended to read: 
 42.34     Subd. 3.  [EMERGENCY DETERRENT MATERIALS ASSISTANCE.] (a) 
 42.35  For the purposes of this subdivision, "cooperative damage 
 42.36  management agreement" means an agreement between a landowner or 
 43.1   tenant and the commissioner that establishes a program for 
 43.2   addressing the problem of destruction of the landowner's or 
 43.3   tenant's specialty crops or stored forage crops by wild animals, 
 43.4   or destruction of agricultural crops by flightless Canada geese. 
 43.5      (b) A landowner or tenant may apply to the commissioner for 
 43.6   emergency deterrent materials assistance in controlling 
 43.7   destruction of the landowner's or tenant's specialty crops or 
 43.8   stored forage crops by wild animals, or destruction of 
 43.9   agricultural crops by flightless Canada geese.  Subject to the 
 43.10  availability of money appropriated for this purpose, the 
 43.11  commissioner shall provide suitable deterrent materials when the 
 43.12  commissioner determines that: 
 43.13     (1) immediate action is necessary to prevent significant 
 43.14  damage from continuing; and 
 43.15     (2) a cooperative damage management agreement cannot be 
 43.16  implemented immediately. 
 43.17     (c) A person may receive emergency deterrent materials 
 43.18  assistance under this subdivision more than once, but the 
 43.19  cumulative total value of deterrent materials provided to a 
 43.20  person, or for use on a parcel, may not exceed $3,000 for 
 43.21  specialty crops, or $750 for stored forage crops, or $500 for 
 43.22  agricultural crops damaged by flightless Canada geese.  If a 
 43.23  person is a coowner or cotenant with respect to the specialty 
 43.24  crops for which the deterrent materials are provided, the 
 43.25  deterrent materials are deemed to be "provided" to the person 
 43.26  for the purposes of this paragraph. 
 43.27     (d) As a condition of receiving emergency deterrent 
 43.28  materials assistance under this subdivision, a landowner or 
 43.29  tenant shall enter into a cooperative damage management 
 43.30  agreement with the commissioner.  Deterrent materials provided 
 43.31  by the commissioner may include repellents, fencing materials, 
 43.32  or other materials recommended in the agreement to alleviate the 
 43.33  damage problem.  If requested by a landowner or tenant, any 
 43.34  fencing materials provided must be capable of providing 
 43.35  long-term protection of specialty crops.  A landowner or tenant 
 43.36  who receives emergency deterrent materials assistance under this 
 44.1   subdivision shall comply with the terms of the cooperative 
 44.2   damage management agreement. 
 44.3      Sec. 54.  Minnesota Statutes 1996, section 97A.055, is 
 44.4   amended by adding a subdivision to read: 
 44.5      Subd. 2a.  [ELECTRONIC LICENSING SYSTEM.] Four percent of 
 44.6   the receipts received by the commissioner for licenses sold by 
 44.7   the department or agents appointed by the commissioner is 
 44.8   appropriated to the commissioner for administering the 
 44.9   electronic licensing system, excluding receipts for:  
 44.10     (1) the small game surcharge; 
 44.11     (2) all issuing fees; and 
 44.12     (3) the fees for licenses in section 97A.475, subdivision 
 44.13  6, clause (2). 
 44.14     Sec. 55.  Minnesota Statutes 1996, section 97A.075, 
 44.15  subdivision 1, is amended to read: 
 44.16     Subdivision 1.  [DEER AND BEAR LICENSES.] (a) For purposes 
 44.17  of this subdivision, "deer license" means a license issued under 
 44.18  section 97A.475, subdivisions 2, clauses (4) and, (5), and (9), 
 44.19  and subdivision 3, clauses (2) and, (3), and (7), and licenses 
 44.20  issued under section 97B.301, subdivision 4.  
 44.21     (b) At least $2 from each deer license shall be used for 
 44.22  deer habitat improvement or deer management programs.  
 44.23     (c) At least $1 from each resident deer license and each 
 44.24  resident bear license shall be used for deer and bear management 
 44.25  programs, including a computerized licensing system.  Fifty 
 44.26  cents from each resident deer license is appropriated for 
 44.27  emergency deer feeding.  Money appropriated for emergency deer 
 44.28  feeding is available until expended.  When the unencumbered 
 44.29  balance in the appropriation for emergency deer feeding at the 
 44.30  end of a fiscal year exceeds $750,000, $750,000 is canceled to 
 44.31  the unappropriated balance of the game and fish fund and the 
 44.32  amount appropriated for emergency deer feeding is reduced to 25 
 44.33  cents from each resident deer license. 
 44.34     Sec. 56.  Minnesota Statutes 1996, section 97A.405, 
 44.35  subdivision 2, is amended to read: 
 44.36     Subd. 2.  [PERSONAL POSSESSION.] (a) A person to whom a 
 45.1   license is issued must have the license in personal possession 
 45.2   while acting under the a license and while or traveling from 
 45.3   the an area where the a licensed activity is was performed 
 45.4   must have in personal possession either:  (1) the proper 
 45.5   license, if the license has been issued to and received by the 
 45.6   person; or (2) the proper license identification number, if the 
 45.7   license has been sold to the person by electronic means but the 
 45.8   actual license has not been issued and received. 
 45.9      (b) If possession of a license or a license identification 
 45.10  number is required, a person must exhibit the proper license 
 45.11  when, as requested by a conservation officer or peace officer., 
 45.12  either:  (1) the proper license if the license has been issued 
 45.13  to and received by the person; or (2) the proper license 
 45.14  identification number and a valid state driver's license, state 
 45.15  identification card, or other form of identification provided by 
 45.16  a unit of government acceptable to the commissioner, if the 
 45.17  license has been sold to the person by electronic means but the 
 45.18  actual license has not been issued and received.  
 45.19     (c) If the actual license has been issued and received, a 
 45.20  receipt for license fees, a copy of a license, or evidence 
 45.21  showing the issuance of a license, including the license 
 45.22  identification number, does not entitle a licensee to exercise 
 45.23  the rights or privileges conferred by a license.  
 45.24     Sec. 57.  Minnesota Statutes 1996, section 97A.411, 
 45.25  subdivision 1, is amended to read: 
 45.26     Subdivision 1.  [LICENSE PERIOD.] (a) Except as provided in 
 45.27  paragraph (b), a license is valid during the lawful time within 
 45.28  the license year that the licensed activity may be performed.  A 
 45.29  license year begins on the first day of March and ends on the 
 45.30  last day of February.  The commissioner may issue multiyear 
 45.31  licenses. 
 45.32     (b) A license issued under section 97A.475, subdivision 6, 
 45.33  clause (5), or section 97A.475, subdivision 7, clause (2), (3), 
 45.34  (5), or (6), is valid for the full license period even if this 
 45.35  period extends into the next license year, provided that the 
 45.36  license period selected by the licensee begins at the time of 
 46.1   issuance. 
 46.2      Sec. 58.  Minnesota Statutes 1996, section 97A.415, 
 46.3   subdivision 2, is amended to read: 
 46.4      Subd. 2.  [TRANSFER PROHIBITED.] A person may not lend, 
 46.5   transfer, borrow, or solicit a license or permit, license 
 46.6   identification number, application for a license or permit, 
 46.7   coupon, tag, or seal, or use a license, permit, license 
 46.8   identification number, coupon, tag, or seal not issued to the 
 46.9   person unless otherwise expressly authorized.  
 46.10     Sec. 59.  Minnesota Statutes 1996, section 97A.475, is 
 46.11  amended to read: 
 46.12     97A.475 [LICENSE FEES.] 
 46.13     Subdivision 1.  [REQUIREMENTS FOR ISSUANCE.] A license 
 46.14  shall be issued when the requirements of the law are met and the 
 46.15  license fee specified in this section is paid.  
 46.16     Subd. 2.  [RESIDENT HUNTING.] Fees for the following 
 46.17  licenses, to be issued to residents only, are: 
 46.18     (1) for persons under age 65 to take small game, $10; 
 46.19     (2) for persons age 65 or over, $5; 
 46.20     (3) to take turkey, $16; 
 46.21     (4) to take deer with firearms, $22; 
 46.22     (5) to take deer by archery, $22; 
 46.23     (6) to take moose, for a party of not more than six 
 46.24  persons, $275; 
 46.25     (7) to take bear, $33; 
 46.26     (8) to take elk, for a party of not more than two persons, 
 46.27  $220; and 
 46.28     (9) to take antlered deer in more than one zone, $44; and 
 46.29     (10) to take Canada geese during a special season, $3.  
 46.30     Subd. 3.  [NONRESIDENT HUNTING.] Fees for the following 
 46.31  licenses, to be issued to nonresidents, are: 
 46.32     (1) to take small game, $56; 
 46.33     (2) to take deer with firearms, $110; 
 46.34     (3) to take deer by archery, $110; 
 46.35     (4) to take bear, $165; 
 46.36     (5) to take turkey, $56; 
 47.1      (6) to take raccoon, bobcat, fox, coyote, or lynx, $137.50; 
 47.2   and 
 47.3      (7) to take antlered deer in more than one zone, $220; and 
 47.4      (8) to take Canada geese during a special season, $3. 
 47.5      Subd. 4.  [SMALL GAME SURCHARGE.] Fees for licenses to take 
 47.6   small game must be increased by a surcharge of $4.  An 
 47.7   additional commission may not be assessed on the surcharge and 
 47.8   this must be stated on the back of the license with the 
 47.9   following statement:  "This $4 surcharge is being paid by 
 47.10  hunters for the acquisition and development of wildlife lands."  
 47.11     Subd. 5.  [HUNTING STAMPS.] Fees for the following stamps 
 47.12  are: 
 47.13     (1) migratory waterfowl stamp, $5; 
 47.14     (2) pheasant stamp, $5; and 
 47.15     (3) turkey stamp, $5.  
 47.16     Subd. 6.  [RESIDENT FISHING.] Fees for the following 
 47.17  licenses, to be issued to residents only, are: 
 47.18     (1) to take fish by angling, for persons under age 
 47.19  65, $13 $16; 
 47.20     (2) to take fish by angling, for persons age 65 and over, 
 47.21  $4.50 $6; 
 47.22     (3) to take fish by angling, for a combined license for a 
 47.23  married couple, $17.50 $24; 
 47.24     (4) to take fish by spearing from a dark house, $13 $16; 
 47.25  and 
 47.26     (5) to take fish by angling for a 24-hour period selected 
 47.27  by the licensee, $7.50 $8.50. 
 47.28     Subd. 7.  [NONRESIDENT FISHING.] Fees for the following 
 47.29  licenses, to be issued to nonresidents, are: 
 47.30     (1) to take fish by angling, $27.50 $35; 
 47.31     (2) to take fish by angling limited to seven consecutive 
 47.32  days selected by the licensee, $19 $24; 
 47.33     (3) to take fish by angling for a 72-hour period selected 
 47.34  by the licensee, $16 $20; 
 47.35     (4) to take fish by angling for a combined license for a 
 47.36  family, $37.50 $50; 
 48.1      (5) to take fish by angling for a 24-hour period selected 
 48.2   by the licensee, $7.50 $8.50; and 
 48.3      (6) to take fish by angling for a combined license for a 
 48.4   married couple, limited to 14 consecutive days selected by one 
 48.5   of the licensees, $27.50 $35. 
 48.6      Subd. 8.  [MINNESOTA SPORTING.] The commissioner shall 
 48.7   issue Minnesota sporting licenses to residents only.  The 
 48.8   licensee may take fish by angling and small game.  The fee for 
 48.9   the license is:  
 48.10     (1) for an individual, $17.50 $22.50; and 
 48.11     (2) for a combined license for a married couple to take 
 48.12  fish and for one spouse to take small game, $24 $31.50.  
 48.13     Subd. 10.  [TROUT AND SALMON STAMP.] The fee for a trout 
 48.14  and salmon stamp is $5 $8.50.  
 48.15     Subd. 11.  [FISH HOUSES AND DARK HOUSES; RESIDENTS.] Fees 
 48.16  for the following licenses are: 
 48.17     (1) for a fish house or dark house that is not 
 48.18  rented, $9 $11.50; and 
 48.19     (2) for a fish house or dark house that is 
 48.20  rented, $20 $25.50. 
 48.21     Subd. 12.  [FISH HOUSES; NONRESIDENT.] Fees for fish house 
 48.22  licenses for a nonresident are:  
 48.23     (1) annual, $27.50 $31.50; and 
 48.24     (2) seven consecutive days, $16.50 $18. 
 48.25     Subd. 13.  [NETTING WHITEFISH AND CISCOES FOR PERSONAL 
 48.26  CONSUMPTION.] The fee for a license to net whitefish and ciscoes 
 48.27  in inland lakes and international waters for personal 
 48.28  consumption is, for each net, $8 $10. 
 48.29     Subd. 14.  [ROUGH FISH; MINNESOTA AND MISSISSIPPI RIVERS.] 
 48.30  The fee for a license to take rough fish for domestic use with a 
 48.31  set line in the Minnesota and Mississippi rivers is $14.50. 
 48.32     Subd. 15.  [LAKE SUPERIOR FISHING GUIDES.] The fee for a 
 48.33  license to operate a charter boat and guide anglers on Lake 
 48.34  Superior is: 
 48.35     (1) for a resident, $27.50 $125; 
 48.36     (2) for a nonresident, $110 $225; or 
 49.1      (3) if another state charges a Minnesota resident a fee 
 49.2   greater than $100 $225 for a Lake Superior fishing guide license 
 49.3   in that state, the nonresident fee for a resident of that state 
 49.4   is that greater fee.  
 49.5      Subd. 16.  [RESIDENT HUNTING GUIDES.] The fees for the 
 49.6   following resident guide licenses are: 
 49.7      (1) to guide bear hunters, $82.50; and 
 49.8      (2) to guide turkey hunters, $22.  
 49.9      Subd. 18.  [SHOOTING PRESERVES.] The fee for a shooting 
 49.10  preserve license is:  
 49.11     (1) for a private shooting preserve, $100; and 
 49.12     (2) for a commercial shooting preserve, $500. 
 49.13     Subd. 19.  [TAXIDERMISTS.] The fee for a taxidermist 
 49.14  license, to be issued for a three-year period to residents only, 
 49.15  is: 
 49.16     (1) for persons age 18 and older, $44; and 
 49.17     (2) for persons under age 18, $27.50.  
 49.18     Subd. 20.  [TRAPPING LICENSE.] The fee for a license to 
 49.19  trap fur-bearing animals is: 
 49.20     (1) for persons over age 13 and under age 18, $5.50; and 
 49.21     (2) for persons age 18 and older, $18.  
 49.22     Subd. 21.  [FUR BUYING AND SELLING; RESIDENTS.] (a) The fee 
 49.23  for a license for a resident to buy and sell raw furs is $110.  
 49.24     (b) The fee for a supplemental license to buy and sell furs 
 49.25  is $55. 
 49.26     Subd. 22.  [FUR BUYING AND SELLING; NONRESIDENTS.] The fee 
 49.27  for a license for a nonresident to buy and sell raw furs is $500.
 49.28     Subd. 23.  [RAW FUR TANNING.] The fee for a license to tan 
 49.29  and dress raw furs to be issued to residents and nonresidents is 
 49.30  $16.50.  
 49.31     Subd. 24.  [GAME AND FUR FARMS.] The fee for a game and fur 
 49.32  farm license is $16.50. 
 49.33     Subd. 25.  [MUSKRAT FARMS.] The fee for a muskrat farm 
 49.34  license is $11.  
 49.35     Subd. 26.  [MINNOW DEALERS.] The fees for the following 
 49.36  licenses are:  
 50.1      (1) minnow dealer, $77 $200; 
 50.2      (2) minnow dealer's helper, $5.50; 
 50.3      (3) minnow dealer's vehicle, $11 $30; 
 50.4      (4) (3) exporting minnow dealer, $275 $500; and 
 50.5      (5) (4) exporting minnow dealer's vehicle, $11 $30.  
 50.6      Subd. 27.  [MINNOW RETAILERS.] The fees for the following 
 50.7   licenses, to be issued to residents and nonresidents, are: 
 50.8      (1) minnow retailer, $11 $30; and 
 50.9      (2) minnow retailer's vehicle, $11 $30.  
 50.10     Subd. 28.  [NONRESIDENT MINNOW HAULERS.] The fees for the 
 50.11  following licenses, to be issued to nonresidents, are: 
 50.12     (1) exporting minnow hauler, $525 $750; and 
 50.13     (2) exporting minnow hauler's vehicle, $11 $30.  
 50.14     Subd. 29.  [PRIVATE FISH HATCHERIES.] The fees for the 
 50.15  following licenses to be issued to residents and nonresidents 
 50.16  are:  
 50.17     (1) for a private fish hatchery, with annual sales under 
 50.18  $200, $27.50 $50; 
 50.19     (2) for a private fish hatchery, with annual sales of $200 
 50.20  or more, $55 $100; and 
 50.21     (3) to take sucker eggs from public waters for a private 
 50.22  fish hatchery, $165, plus $3 $5 for each quart in excess of 
 50.23  100 50 quarts.  
 50.24     Subd. 30.  [COMMERCIAL NETTING OF FISH IN INLAND WATERS.] 
 50.25  The fee for a license fees to net commercial fish in inland 
 50.26  waters, to be issued to residents and nonresidents, is $70 
 50.27  plus are: 
 50.28     (1) commercial license fees: 
 50.29     (1) (i) for each hoop net pocket, $1 residents and 
 50.30  nonresidents in inland waters, $150; 
 50.31     (2) (ii) for each 1,000 feet of seine, $16.50 residents in 
 50.32  Lake Superior, $50; and 
 50.33     (3) (iii) for each apprentice license, $25. residents in 
 50.34  Lake of the Woods, Rainy, Namakan, and Sand Point Lakes, $50; 
 50.35     (iv) for residents in the Mississippi River from St. 
 50.36  Anthony Falls to the St. Croix River junction, $50; 
 51.1      (v) for residents in Wisconsin boundary waters from Lake St.
 51.2   Croix to the Iowa border, $50; and 
 51.3      (vi) for each resident apprentice license, $25; and 
 51.4      (2) commercial net fees: 
 51.5      (i) for each commercial gill net in Lake Superior, 
 51.6   Wisconsin border waters, Lake of the Woods, Namakan, Sand Point, 
 51.7   and Rainy Lakes, $5 per 100 feet of net; 
 51.8      (ii) for each commercial seine in inland, inland 
 51.9   Mississippi River, and Wisconsin border waters, $10 per 100 
 51.10  feet; 
 51.11     (iii) for each commercial hoop net in inland waters, $1.25; 
 51.12     (iv) for each submerged, fyke, trap, and hoop nets in Lake 
 51.13  Superior, St. Louis Estuary, Lake of the Woods, Rainy Lake, 
 51.14  Namakan, Sand Point, and each pound net in Lake Superior, $20; 
 51.15     (v) for each stake and pound nets in Lake of the Woods, 
 51.16  $60; 
 51.17     (vi) for each commercial set lines in the Wisconsin border 
 51.18  waters, $25; and 
 51.19     (vii) for each trawl used in Lake Superior, $100.  
 51.20     Subd. 31.  [COMMERCIAL NETTING OF FISH IN LAKE OF THE 
 51.21  WOODS.] The fee for a license to commercially net fish in Lake 
 51.22  of the Woods is: 
 51.23     (1) for each pound net or staked trap net, $49.50; 
 51.24     (2) for each fyke net, $11, plus $5 for each two-foot 
 51.25  segment, or fraction, of the wings or lead in excess of four 
 51.26  feet in height; 
 51.27     (3) for each 100 feet of gill net, $2.75; 
 51.28     (4) for each submerged trap net, $16.50; and 
 51.29     (5) for each apprentice license, $25.  
 51.30     Subd. 32.  [COMMERCIAL NETTING OF FISH IN RAINY LAKE.] The 
 51.31  fee for a license to commercially net fish in Rainy Lake is: 
 51.32     (1) for each pound net, $49.50; 
 51.33     (2) for each 100 feet of gill net, $2.75; and 
 51.34     (3) for each apprentice license, $25.  
 51.35     Subd. 33.  [COMMERCIAL NETTING OF FISH IN NAMAKAN AND SAND 
 51.36  POINT LAKES.] The fee for a license to commercially net fish in 
 52.1   Namakan Lake and Sand Point Lake is: 
 52.2      (1) for each 100 feet of gill net, $1.75; 
 52.3      (2) for each pound, fyke, and submerged trap net, $16.50; 
 52.4   and 
 52.5      (3) for each apprentice license, $25.  
 52.6      Subd. 34.  [COMMERCIAL SEINE AND SET LINES TO TAKE FISH IN 
 52.7   THE MISSISSIPPI RIVER.] (a) The fee for a license to 
 52.8   commercially seine rough fish in the Mississippi river from St. 
 52.9   Anthony Falls to the St. Croix river junction is: 
 52.10     (1) for a seine not exceeding 500 feet, $27.50; or 
 52.11     (2) for a seine over 500 feet, $44, plus $2 for each 100 
 52.12  foot segment or fraction over 1,000 feet.  
 52.13     (b) The fee for each apprentice license issued under 
 52.14  paragraph (a) is $25.  
 52.15     Subd. 35.  [COMMERCIAL SEINING OF FISH IN WISCONSIN 
 52.16  BOUNDARY WATERS.] The fee for a license to commercially seine 
 52.17  fish in the boundary waters between Wisconsin and Minnesota from 
 52.18  Taylors Falls to the Iowa border is: 
 52.19     (1) for a seine not exceeding 500 feet, $27.50; or 
 52.20     (2) for a seine over 500 feet, $44, plus $2.50 for each 100 
 52.21  feet over 1,000 feet; and 
 52.22     (3) for each apprentice license to be issued to residents, 
 52.23  $25.  
 52.24     Subd. 36.  [COMMERCIAL NETTING IN WISCONSIN BOUNDARY 
 52.25  WATERS.] The fee for a license to commercially net in the 
 52.26  boundary waters between Wisconsin and Minnesota from Lake St. 
 52.27  Croix to the Iowa border is: 
 52.28     (1) for each gill net not exceeding 500 feet, $14.50; 
 52.29     (2) for each gill net over 500 feet, $27.50; 
 52.30     (3) for each fyke net and hoop net, $11; 
 52.31     (4) for each bait net, $1.75; 
 52.32     (5) for each turtle net, $1.75; 
 52.33     (6) for each set line identification tag, $14.50; and 
 52.34     (7) for each apprentice license to be issued to residents, 
 52.35  $25.  
 52.36     Subd. 37.  [COMMERCIAL NETTING OF FISH IN LAKE SUPERIOR.] 
 53.1   The fee for a license to commercially net fish in Lake Superior 
 53.2   is: 
 53.3      (1) for each gill net, $77 plus $2 for each 1,000 feet over 
 53.4   1,000 feet; 
 53.5      (2) for a pound or trap net, $77 plus $2 for each 
 53.6   additional pound or trap net; and 
 53.7      (3) for each apprentice license, $25.  
 53.8      Subd. 38.  [FISH BUYERS.] The fees for licenses to buy fish 
 53.9   from commercial fishing licensees to be issued residents and 
 53.10  nonresidents are: 
 53.11     (1) for Lake Superior fish bought for sale to retailers, 
 53.12  $55 $100; 
 53.13     (2) for Lake Superior fish bought for sale to consumers, 
 53.14  $11 $20; 
 53.15     (3) for Lake of the Woods, Namakan, Sand Point, and Rainy 
 53.16  Lake fish bought for sale to retailers, $110 $200; and 
 53.17     (4) for Lake of the Woods, Namakan, Sand Point, and Rainy 
 53.18  Lake fish bought for shipment only on international boundary 
 53.19  waters, $11 $30.  
 53.20     Subd. 39.  [FISH PACKER.] The fee for a license to prepare 
 53.21  dressed game fish for transportation or shipment is $14.50 $25. 
 53.22     Subd. 40.  [FISH VENDORS.] The fee for a license to use a 
 53.23  motor vehicle to sell fish is $27.50 $50.  
 53.24     Subd. 41.  [TURTLE SELLERS.] The fee for a license to take, 
 53.25  transport, purchase, and possess turtles for sale is $55 $150.  
 53.26     Subd. 42.  [FROG DEALERS.] The fee for the licenses to deal 
 53.27  in frogs that are to be used for purposes other than bait are: 
 53.28     (1) for a resident to purchase, possess, and transport 
 53.29  frogs, $77 $125; 
 53.30     (2) for a nonresident to purchase, possess, and transport 
 53.31  frogs, $220 $250; and 
 53.32     (3) for a resident to take, possess, transport, and sell 
 53.33  frogs, $11 $20. 
 53.34     Subd. 43.  [DUPLICATE LICENSES.] The fees for duplicate 
 53.35  licenses are: 
 53.36     (1) for licenses to take big game, $5; and 
 54.1      (2) for other licenses, $2. 
 54.2      Sec. 60.  Minnesota Statutes 1996, section 97A.485, 
 54.3   subdivision 6, is amended to read: 
 54.4      Subd. 6.  [LICENSES TO BE SOLD AND ISSUING FEES.] (a) 
 54.5   Persons authorized to sell licenses under this section must sell 
 54.6   the following licenses for the license fee and the following 
 54.7   issuing fees:  
 54.8      (1) to take deer or bear with firearms and by archery, the 
 54.9   issuing fee is $1; 
 54.10     (2) Minnesota sporting, the issuing fee is $1; and 
 54.11     (3) to take small game, for a person under age 65 to take 
 54.12  fish by angling or for a person of any age to take fish by 
 54.13  spearing, and to trap fur-bearing animals, the issuing fee is 
 54.14  $1; 
 54.15     (4) for a trout and salmon stamp that is not issued 
 54.16  simultaneously with an angling or sporting license, an issuing 
 54.17  fee of 50 cents may be charged at the discretion of the 
 54.18  authorized seller; and 
 54.19     (5) for stamps other than a trout and salmon stamp, and for 
 54.20  a special Canada goose season license, there is no fee. 
 54.21     (b) An issuing fee may not be collected for issuance of a 
 54.22  trout and salmon stamp if a stamp is issued simultaneously with 
 54.23  the related angling or sporting license.  Only one issuing fee 
 54.24  may be collected when selling more than one trout and salmon 
 54.25  stamp in the same transaction after the end of the season for 
 54.26  which the stamp was issued. 
 54.27     (c) The auditor or subagent shall keep the issuing fee as a 
 54.28  commission for selling the licenses.  
 54.29     (d) The commissioner shall collect the issuing fee on 
 54.30  licenses sold by the commissioner. 
 54.31     (e) A license, except stamps, must state the amount of the 
 54.32  issuing fee and that the issuing fee is kept by the seller as a 
 54.33  commission for selling the licenses. 
 54.34     (f) For duplicate licenses, the issuing fees are: 
 54.35     (1) for licenses to take big game, 75 cents; and 
 54.36     (2) for other licenses, 50 cents. 
 55.1      Sec. 61.  Minnesota Statutes 1996, section 97B.715, 
 55.2   subdivision 1, is amended to read: 
 55.3      Subdivision 1.  [STAMP REQUIRED.] (a) Except as provided in 
 55.4   paragraph (b) or section 97A.405, subdivision 2, a person 
 55.5   required to possess a small game license may not hunt pheasants 
 55.6   without:  
 55.7      (1) a pheasant stamp in possession; or 
 55.8      (2) a pheasant validation on the small game license.  
 55.9      (b) The following persons are exempt from this subdivision: 
 55.10     (1) residents under age 18 or over age 65; and 
 55.11     (2) persons hunting on licensed private commercial shooting 
 55.12  preserves. 
 55.13     Sec. 62.  Minnesota Statutes 1996, section 97B.721, is 
 55.14  amended to read: 
 55.15     97B.721 [LICENSE AND STAMP REQUIRED TO TAKE TURKEY; TAGGING 
 55.16  AND REGISTRATION REQUIREMENTS.] 
 55.17     (a) Except as provided in paragraph (b) or section 97A.405, 
 55.18  subdivision 2, a person may not take a turkey without a turkey 
 55.19  license and: 
 55.20     (1) a turkey stamp in possession; or 
 55.21     (2) a turkey validation on the turkey license. 
 55.22     (b) The requirement in paragraph (a) to possess a turkey 
 55.23  stamp or a license validation does not apply to persons under 
 55.24  age 18. 
 55.25     (c) The commissioner may by rule prescribe requirements for 
 55.26  the tagging and registration of turkeys. 
 55.27     Sec. 63.  Minnesota Statutes 1996, section 97B.801, is 
 55.28  amended to read: 
 55.29     97B.801 [MINNESOTA MIGRATORY WATERFOWL STAMP REQUIRED.] 
 55.30     (a) Except as provided in this section or section 97A.405, 
 55.31  subdivision 2, a person required to possess a small game license 
 55.32  may not take migratory waterfowl without: 
 55.33     (1) a Minnesota migratory waterfowl stamp in possession; or 
 55.34     (2) a migratory waterfowl validation on the small game 
 55.35  license.  
 55.36     (b) Residents under age 18 or over age 65 and persons 
 56.1   hunting on their own property are not required to possess the a 
 56.2   stamp or a license validation under this section.  
 56.3      Sec. 64.  [97B.802] [SPECIAL CANADA GOOSE SEASON LICENSE 
 56.4   REQUIRED.] 
 56.5      Except as provided in this section, a person required to 
 56.6   possess a small game license may not take Canada geese during a 
 56.7   special season without a valid special season license in 
 56.8   possession.  Residents under age 18 or over age 65 and persons 
 56.9   hunting on their own property are not required to possess the 
 56.10  license. 
 56.11     Sec. 65.  Minnesota Statutes 1996, section 97C.305, 
 56.12  subdivision 1, is amended to read: 
 56.13     Subdivision 1.  [REQUIREMENT.] Except as provided in 
 56.14  subdivision 2 or section 97A.405, subdivision 2, a person over 
 56.15  age 16 and under age 65 required to possess an angling license 
 56.16  must have a trout and salmon stamp in possession or a trout 
 56.17  validation on the angling license to: 
 56.18     (1) take fish by angling in: 
 56.19     (i) a stream designated by the commissioner as a trout 
 56.20  stream; 
 56.21     (ii) a lake designated by the commissioner as a trout lake; 
 56.22  or 
 56.23     (iii) Lake Superior; or 
 56.24     (2) possess trout or salmon taken in the state by angling. 
 56.25     Sec. 66.  Minnesota Statutes 1996, section 97C.501, 
 56.26  subdivision 2, is amended to read: 
 56.27     Subd. 2.  [MINNOW DEALERS.] (a) A person may not be a 
 56.28  minnow dealer without a minnow dealer license except as provided 
 56.29  in subdivision 3. 
 56.30     (b) A minnow dealer must obtain a minnow dealer's helper 
 56.31  license for each person employed to take, buy, sell, or 
 56.32  transport minnows by the minnow dealer.  The minnow dealer may 
 56.33  transfer a helper's license from a former helper to a new helper.
 56.34     (c) A minnow dealer must obtain a minnow dealer's vehicle 
 56.35  license for each motor vehicle used to transport minnows.  The 
 56.36  serial number, motor vehicle license number, make, and model 
 57.1   must be on the license.  The license must be conspicuously 
 57.2   displayed in the vehicle.  
 57.3      (d) (c) A minnow dealer may not transport minnows out of 
 57.4   the state without an exporting minnow dealer license.  A minnow 
 57.5   dealer must obtain an exporting minnow dealer's vehicle license 
 57.6   for each motor vehicle used to transport minnows out of the 
 57.7   state.  The serial number, motor vehicle license number, make, 
 57.8   and model must be on the license.  The license must be 
 57.9   conspicuously displayed in the vehicle.  
 57.10     Sec. 67.  Minnesota Statutes 1996, section 97C.801, is 
 57.11  amended to read: 
 57.12     97C.801 [TAKING ROUGH FISH ON MISSISSIPPI AND MINNESOTA 
 57.13  RIVERS RIVER.] 
 57.14     Subdivision 1.  [ROUGH FISH ON MINNESOTA AND MISSISSIPPI 
 57.15  RIVERS.] (a) A license is required to take rough fish by set 
 57.16  line in the Minnesota river from Mankato to its junction with 
 57.17  the Mississippi river, and in the Mississippi river from St. 
 57.18  Anthony Falls to the St. Croix junction.  
 57.19     (b) A person may use only one set line to take rough fish 
 57.20  in the Minnesota river from Mankato to its junction with the 
 57.21  Mississippi river, and in the Mississippi river from St. Anthony 
 57.22  Falls to the St. Croix river junction, and the set line must: 
 57.23     (1) have not more than ten hooks; 
 57.24     (2) be set only in the flowing waters of the river; 
 57.25     (3) staked only at one end; and 
 57.26     (4) remain at the location designated in the application 
 57.27  for license unless approval of the commissioner has been given 
 57.28  to change the location.  
 57.29     (c) Notwithstanding section 97C.391, subdivision 1, rough 
 57.30  fish taken under this subdivision may not be bought or sold.  
 57.31     Subd. 2.  [COMMERCIAL FISH NETTING AND SET LINES ON 
 57.32  MISSISSIPPI RIVER.] (a) A license is required to commercially 
 57.33  take rough fish with seines and set lines in the Mississippi 
 57.34  river from the St. Croix river junction to St. Anthony Falls.  
 57.35     (b) A person may take rough fish in the Mississippi river, 
 57.36  from the St. Croix river junction to St. Anthony Falls, only 
 58.1   with the following equipment and methods: 
 58.2      (1) operations shall be conducted only in the flowing 
 58.3   waters of the river and in tributary backwaters prescribed by 
 58.4   the commissioner; 
 58.5      (2) only one set line may be used that has an 
 58.6   identification tag and not more than 100 hooks; 
 58.7      (3) seines may be used only as prescribed by the 
 58.8   commissioner; 
 58.9      (4) (3) seines must be hauled to a landing immediately 
 58.10  after being placed; 
 58.11     (5) (4) two seines may not be joined together in the water; 
 58.12     (6) (5) a net may not be raised, laid out, or landed, 
 58.13  between sunset and sunrise; and 
 58.14     (7) (6) the location of a net or seine may not be changed 
 58.15  from the place specified in the license application without 
 58.16  notifying the commissioner of the proposed change.  
 58.17     Sec. 68.  Minnesota Statutes 1996, section 116.07, 
 58.18  subdivision 4d, is amended to read: 
 58.19     Subd. 4d.  [PERMIT FEES.] (a) The agency may collect permit 
 58.20  fees in amounts not greater than those necessary to cover the 
 58.21  reasonable costs of reviewing and acting upon applications for 
 58.22  agency permits and implementing and enforcing the conditions of 
 58.23  the permits pursuant to agency rules.  Permit fees shall not 
 58.24  include the costs of litigation.  The agency shall adopt rules 
 58.25  under section 16A.1285 establishing a system for charging permit 
 58.26  fees collected under this subdivision.  The fee schedule must 
 58.27  reflect reasonable and routine permitting, implementation, and 
 58.28  enforcement costs.  The agency may impose an additional 
 58.29  enforcement fee to be collected for a period of up to two years 
 58.30  to cover the reasonable costs of implementing and enforcing the 
 58.31  conditions of a permit under the rules of the agency.  Any money 
 58.32  collected under this paragraph shall be deposited in the special 
 58.33  revenue account environmental fund. 
 58.34     (b) Notwithstanding paragraph (a), and section 16A.1285, 
 58.35  subdivision 2, the agency shall collect an annual fee from the 
 58.36  owner or operator of all stationary sources, emission 
 59.1   facilities, emissions units, air contaminant treatment 
 59.2   facilities, treatment facilities, potential air contaminant 
 59.3   storage facilities, or storage facilities subject to the 
 59.4   requirement to obtain a permit under subchapter V of the federal 
 59.5   Clean Air Act, United States Code, title 42, section 7401 et 
 59.6   seq., or section 116.081.  The annual fee shall be used to pay 
 59.7   for all direct and indirect reasonable costs, including attorney 
 59.8   general costs, required to develop and administer the permit 
 59.9   program requirements of subchapter V of the federal Clean Air 
 59.10  Act, United States Code, title 42, section 7401 et seq., and 
 59.11  sections of this chapter and the rules adopted under this 
 59.12  chapter related to air contamination and noise.  Those costs 
 59.13  include the reasonable costs of reviewing and acting upon an 
 59.14  application for a permit; implementing and enforcing statutes, 
 59.15  rules, and the terms and conditions of a permit; emissions, 
 59.16  ambient, and deposition monitoring; preparing generally 
 59.17  applicable regulations; responding to federal guidance; 
 59.18  modeling, analyses, and demonstrations; preparing inventories 
 59.19  and tracking emissions; and providing information to the public 
 59.20  about these activities. 
 59.21     (c) The agency shall adopt fee rules in accordance with the 
 59.22  procedures in section 16A.1285, subdivision 5, that: 
 59.23     (1) will result in the collection, in the aggregate, from 
 59.24  the sources listed in paragraph (b), of the following amounts: 
 59.25     (1) an amount not less than $25 per ton of each volatile 
 59.26  organic compound; pollutant regulated under United States Code, 
 59.27  title 42, section 7411 or 7412 (section 111 or 112 of the 
 59.28  federal Clean Air Act); and each pollutant, except carbon 
 59.29  monoxide, for which a national primary ambient air quality 
 59.30  standard has been promulgated; and 
 59.31     (2) the agency fee rules may also result in the collection, 
 59.32  in the aggregate, from the sources listed in paragraph (b), of 
 59.33  an amount not less than $25 per ton of each pollutant not listed 
 59.34  in clause (1) that is regulated under this chapter or air 
 59.35  quality rules adopted under this chapter.; and 
 59.36     (3) shall collect, in the aggregate, from the sources 
 60.1   listed in paragraph (b), the amount needed to match grant funds 
 60.2   received by the state under United States Code, title 42, 
 60.3   section 7405 (section 105 of the federal Clean Air Act). 
 60.4   The agency must not include in the calculation of the aggregate 
 60.5   amount to be collected under the fee rules clauses (1) and (2) 
 60.6   any amount in excess of 4,000 tons per year of each air 
 60.7   pollutant from a source. 
 60.8      (d) To cover the reasonable costs described in paragraph 
 60.9   (b), the agency shall provide in the rules promulgated under 
 60.10  paragraph (c) for an increase in the fee collected in each year 
 60.11  by the percentage, if any, by which the Consumer Price Index for 
 60.12  the most recent calendar year ending before the beginning of the 
 60.13  year the fee is collected exceeds the Consumer Price Index for 
 60.14  the calendar year 1989.  For purposes of this paragraph the 
 60.15  Consumer Price Index for any calendar year is the average of the 
 60.16  Consumer Price Index for all-urban consumers published by the 
 60.17  United States Department of Labor, as of the close of the 
 60.18  12-month period ending on August 31 of each calendar year.  The 
 60.19  revision of the Consumer Price Index that is most consistent 
 60.20  with the Consumer Price Index for calendar year 1989 shall be 
 60.21  used. 
 60.22     (e) Any money collected under paragraphs (b) to (d) must be 
 60.23  deposited in an air quality account in the environmental fund 
 60.24  and must be used solely for the activities listed in paragraph 
 60.25  (b).  
 60.26     (f) Persons who wish to construct or expand an air emission 
 60.27  facility may offer to reimburse the agency for the costs of 
 60.28  staff overtime or consultant services needed to expedite permit 
 60.29  review.  The reimbursement shall be in addition to fees imposed 
 60.30  by paragraphs (a) to (d).  When the agency determines that it 
 60.31  needs additional resources to review the permit application in 
 60.32  an expedited manner, and that expediting the review would not 
 60.33  disrupt air permitting program priorities, the agency may accept 
 60.34  the reimbursement.  Reimbursements accepted by the agency are 
 60.35  appropriated to the agency for the purpose of reviewing the 
 60.36  permit application.  Reimbursement by a permit applicant shall 
 61.1   precede and not be contingent upon issuance of a permit and 
 61.2   shall not affect the agency's decision on whether to issue or 
 61.3   deny a permit, what conditions are included in a permit, or the 
 61.4   application of state and federal statutes and rules governing 
 61.5   permit determinations. 
 61.6      Sec. 69.  [116.993] [SMALL BUSINESS ENVIRONMENTAL 
 61.7   IMPROVEMENT LOAN PROGRAM.] 
 61.8      Subdivision 1.  [ESTABLISHMENT.] A small business 
 61.9   environmental improvement revolving loan program is established 
 61.10  to provide loans to small businesses for the purpose of capital 
 61.11  equipment purchases that will meet or exceed environmental rules 
 61.12  and regulations or for investigation and cleanup of contaminated 
 61.13  sites.  The small business environmental improvement revolving 
 61.14  loan program replaces the small business environmental loan 
 61.15  program in Minnesota Statutes 1996, section 116.991, and the 
 61.16  hazardous waste generator loan program in Minnesota Statutes 
 61.17  1996, section 115B.223. 
 61.18     Subd. 2.  [ELIGIBLE BORROWER.] To be eligible for a loan 
 61.19  under this section, a borrower must: 
 61.20     (1) be a small business corporation, sole proprietorship, 
 61.21  partnership, or association; 
 61.22     (2) be a potential emitter of pollutants to the air, 
 61.23  ground, or water; 
 61.24     (3) need capital for equipment purchases that will meet or 
 61.25  exceed environmental regulations or need capital for site 
 61.26  investigation and cleanup; 
 61.27     (4) have less than 50 full-time employees; 
 61.28     (5) have an after tax profit of less than $500,000; and 
 61.29     (6) have a net worth of less than $1,000,000. 
 61.30     Subd. 3.  [LOAN APPLICATION AND AWARD PROCEDURE.] The 
 61.31  commissioner of the pollution control agency may give priority 
 61.32  to applicants that include, but are not limited to, those 
 61.33  subject to Clean Air Act standards adopted under United States 
 61.34  Code, title 42, section 7412, those undergoing site 
 61.35  investigation and remediation, those involved with facility wide 
 61.36  environmental compliance and pollution prevention projects, and 
 62.1   those determined by the commissioner to be small business 
 62.2   outreach priorities.  The commissioner shall decide whether to 
 62.3   award a loan to an eligible borrower based on: 
 62.4      (1) the applicant's financial need; 
 62.5      (2) the applicant's ability to secure and repay the loan; 
 62.6   and 
 62.7      (3) the expected environmental benefit. 
 62.8      Subd. 4.  [SCREENING COMMITTEE.] The commissioner shall 
 62.9   appoint a screening committee to evaluate applications and 
 62.10  determine loan awards.  The committee shall have diverse 
 62.11  expertise in air quality, water quality, solid and hazardous 
 62.12  waste management, site response and cleanup, pollution 
 62.13  prevention, and financial analysis. 
 62.14     Subd. 5.  [LIMITATION ON LOAN OBLIGATION.] Numbers of 
 62.15  applications accepted, evaluated, and awarded are based upon the 
 62.16  available money in the small business environmental improvement 
 62.17  loan account. 
 62.18     Subd. 6.  [LOAN CONDITIONS.] A loan made under this section 
 62.19  must include: 
 62.20     (1) an interest rate that is four percent or one-half the 
 62.21  prime rate, whichever is greater; 
 62.22     (2) a term of payment of not more than seven years; and 
 62.23     (3) an amount not less than $1,000 or exceeding $50,000. 
 62.24     Sec. 70.  [116.994] [SMALL BUSINESS ENVIRONMENTAL 
 62.25  IMPROVEMENT LOAN ACCOUNT.] 
 62.26     The small business environmental improvement loan account 
 62.27  is established in the environmental fund.  Repayments of loans 
 62.28  made under section 116.993 must be credited to this account.  
 62.29  This account replaces the small business environmental loan 
 62.30  account in Minnesota Statutes 1996, section 116.992, and the 
 62.31  hazardous waste generator loan account in Minnesota Statutes 
 62.32  1996, section 115B.224.  The account balances and pending 
 62.33  repayments from the small business environmental loan account 
 62.34  and the hazardous waste generator account will be credited to 
 62.35  this new account. 
 62.36     Sec. 71.  Minnesota Statutes 1996, section 116C.834, 
 63.1   subdivision 2, is amended to read: 
 63.2      Subd. 2.  [COLLECTION AND DEPOSIT.] Fees assessed under 
 63.3   subdivision 1 shall be collected by the commissioner of 
 63.4   revenue.  All money received pursuant to this subdivision shall 
 63.5   be deposited in the special revenue environmental fund. 
 63.6      Sec. 72.  Minnesota Statutes 1996, section 223.17, 
 63.7   subdivision 3, is amended to read: 
 63.8      Subd. 3.  [GRAIN BUYERS AND STORAGE FUND; FEES.] The 
 63.9   commissioner shall set the fees for inspections under sections 
 63.10  223.15 to 223.22 at levels necessary to pay the expenses of 
 63.11  administering and enforcing sections 223.15 to 223.22.  These 
 63.12  fees may be adjusted pursuant to the provisions of section 
 63.13  16A.1285.  
 63.14     The fee for any license issued or renewed prior to June 30, 
 63.15  1984, is $100.  The fee for any license issued or renewed after 
 63.16  June 30, 1984 1997, shall be set according to the following 
 63.17  schedule: 
 63.18     (a) $100 plus $50 $100 for each additional location for 
 63.19  grain buyers whose gross annual purchases are less than 
 63.20  $1,500,000 $100,000; 
 63.21     (b) $200 plus $50 $100 for each additional location for 
 63.22  grain buyers whose gross annual purchases are at least 
 63.23  $1,500,000 $100,000, but not more than $3,000,000 $750,000; 
 63.24  and 
 63.25     (c) $300 plus $50 $100 for each additional location for 
 63.26  grain buyers whose gross annual purchases are more than 
 63.27  $3,000,000. $750,000 but not more than $1,500,000; 
 63.28     (d) $400 plus $100 for each additional location for grain 
 63.29  buyers whose gross annual purchases are more than $1,500,000 but 
 63.30  not more than $3,000,000; and 
 63.31     (e) $500 plus $100 for each additional location for grain 
 63.32  buyers whose gross annual purchases are more than $3,000,000.  
 63.33     There is created in the state treasury the grain buyers and 
 63.34  storage fund.  Money collected pursuant to sections 223.15 to 
 63.35  223.19 shall be paid into the state treasury and credited to the 
 63.36  grain buyers and storage fund and is appropriated to the 
 64.1   commissioner for the administration and enforcement of sections 
 64.2   223.15 to 223.22. 
 64.3      Sec. 73.  Minnesota Statutes 1996, section 236.02, 
 64.4   subdivision 1, is amended to read: 
 64.5      Subdivision 1.  [LICENSING REQUIREMENT.] A person who (1) 
 64.6   operates an establishment that processes grain into feed and (2) 
 64.7   is licensed to buy grain as a public or private local grain 
 64.8   warehouse operator under section 232.22 223.17 may obtain a 
 64.9   license to operate a grain bank.  A person licensed under 
 64.10  section 232.22 to operate a public grain warehouse is not 
 64.11  required to obtain a separate grain bank license.  No person may 
 64.12  conduct a grain bank without a grain bank license or a public 
 64.13  grain warehouse operator's license. 
 64.14     Sec. 74.  Minnesota Statutes 1996, section 236.02, 
 64.15  subdivision 2, is amended to read: 
 64.16     Subd. 2.  [ISSUANCE.] A grain bank license must be obtained 
 64.17  from the department.  The department may issue a grain bank 
 64.18  license when the applicant has complied with the bond 
 64.19  requirements of sections 236.01 to 236.09.  A grain bank license 
 64.20  is required in addition to a license to buy grain as a public or 
 64.21  private local grain warehouse operator and permits the licensee 
 64.22  to conduct a grain bank in accordance with sections 236.01 to 
 64.23  236.09. 
 64.24     Sec. 75.  Minnesota Statutes 1996, section 296.421, 
 64.25  subdivision 5, is amended to read: 
 64.26     Subd. 5.  [COMPUTATION OF UNREFUNDED TAX.] The amount of 
 64.27  unrefunded tax shall be a sum equal to 1-1/2 percent of all 
 64.28  revenues derived from the excise taxes on gasoline, except on 
 64.29  gasoline used for aviation purposes, together with interest 
 64.30  thereon and penalties for delinquency in payment, paid or 
 64.31  collected pursuant to the provisions of sections 296.02 to 
 64.32  296.17.  The amount of such tax shall be computed for each 
 64.33  six-month period commencing January 1, 1961, and shall be paid 
 64.34  into the state treasury on November 1 and June 1 following each 
 64.35  six-month period. 
 64.36     Sec. 76.  Minnesota Statutes 1996, section 296.421, 
 65.1   subdivision 8, is amended to read: 
 65.2      Subd. 8.  [STATE FOREST ROAD ACCOUNT.] The amount of 
 65.3   unrefunded tax paid on gasoline and special fuel used to operate 
 65.4   motor vehicles on forest roads, except gasoline and special fuel 
 65.5   used for aviation purposes, is 0.116 percent of the total 
 65.6   unrefunded revenue from the tax on all gasoline and special fuel 
 65.7   received in, produced, or brought into the state, and this 
 65.8   revenue is appropriated from the highway user tax distribution 
 65.9   fund and must be transferred and credited in equal installments 
 65.10  on July 1 and January 1 to the state forest road account 
 65.11  established in section 89.70.  An amount equal to 0.0555 percent 
 65.12  of the unrefunded revenue must be annually transferred to 
 65.13  counties for management and maintenance of county forest roads. 
 65.14     Sec. 77.  Minnesota Statutes 1996, section 347.33, 
 65.15  subdivision 3, is amended to read: 
 65.16     Subd. 3.  [FEES; ISSUANCE OF LICENSE.] The annual license 
 65.17  fee is $15 $150 for each kennel and $100 $175 for each dealer 
 65.18  licensed. All license fees collected by the board shall be 
 65.19  deposited in the state treasury and credited to the general fund.
 65.20     When application is made to the board, complete in the 
 65.21  manner set forth by rule to be issued by the board, and upon 
 65.22  payment of the license fee, the license shall be issued by the 
 65.23  board if, after inspection of the premises, the board determines 
 65.24  that the kennel or dealer complies with sections 347.31 to 
 65.25  347.40 and the rules promulgated pursuant to those sections. 
 65.26     Sec. 78.  [RULES.] 
 65.27     The pollution control agency may adopt rules incorporating 
 65.28  the provisions of section 68 under the good cause exemption in 
 65.29  Minnesota Statutes, section 14.388. 
 65.30     Sec. 79.  [REPEALER.] 
 65.31     (a) Minnesota Statutes 1996, sections 18C.541, subdivision 
 65.32  6; 25.34; 115A.908, subdivision 3; 115B.223; 115B.224; 116.991; 
 65.33  116.992; 236A.01; and 236A.02, are repealed. 
 65.34     (b) Laws 1995, chapter 220, section 21, is repealed. 
 65.35     Sec. 80.  [EFFECTIVE DATE.] 
 65.36     Sections 5, subdivision 9, and 79, paragraph (b), are 
 66.1   effective on the day following final enactment.