SF 1387

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to natural resources; modifying provisions of 
  1.3             the youth corps program; modifying provisions for 
  1.4             decorative forest products; requiring a study of the 
  1.5             vehicle use on state and county forest roads; 
  1.6             providing for the accounting and appropriation of 
  1.7             certain mineral lease money; providing for grants to 
  1.8             taconite mining companies; delaying repeal of 
  1.9             sustainable forest resources laws; appropriating 
  1.10            money; amending Minnesota Statutes 2000, sections 
  1.11            84.0887, subdivisions 1, 2, 4, 5, 6, 9; 88.641, 
  1.12            subdivision 2, by adding subdivisions; 88.642; 88.645; 
  1.13            88.647; 88.648; 93.22; 256J.20, subdivision 3; Laws 
  1.14            1995, chapter 220, section 142, as amended; proposing 
  1.15            coding for new law in Minnesota Statutes, chapters 88; 
  1.16            93; repealing Minnesota Statutes 2000, sections 
  1.17            88.641, subdivisions 4, 5; 88.644. 
  1.18  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.19     Section 1.  Minnesota Statutes 2000, section 84.0887, 
  1.20  subdivision 1, is amended to read: 
  1.21     Subdivision 1.  [PROGRAM CONTENT.] The commissioner shall 
  1.22  operate youth Minnesota Conservation Corps programs which may 
  1.23  include summer youth programs and year-round young adult 
  1.24  programs.  The commissioner shall insure that youths in all 
  1.25  parts of the state have an equal opportunity for employment and 
  1.26  that equal numbers of male and female youth are selected for the 
  1.27  summer programs.  Youth corps members must be 15 to 18 years old 
  1.28  and young adult corps members must be 18 to 26 years 
  1.29  old.  Minnesota Conservation Corps members are not public 
  1.30  employees under chapter 43A or 179A.  Youth Minnesota 
  1.31  Conservation Corps programs may provide services that include 
  2.1   but are not limited to the following: 
  2.2      (1) conservation, rehabilitation, and the improvement of 
  2.3   wildlife habitat, prairie, parks, and recreational areas; 
  2.4      (2) urban and rural revitalization, historical and cultural 
  2.5   site preservation, and reforestation of both urban and rural 
  2.6   areas; 
  2.7      (3) fish culture, wildlife habitat maintenance and 
  2.8   improvement, and other fishery assistance; 
  2.9      (4) road and trail development, maintenance, and 
  2.10  improvement; 
  2.11     (5) erosion, flood, drought, and storm damage assistance 
  2.12  and controls; 
  2.13     (6) stream, lake, waterfront harbor, and port improvement; 
  2.14     (7) wetlands protection and pollution control; 
  2.15     (8) insect, disease, rodent, and fire prevention and 
  2.16  control; 
  2.17     (9) the improvement of abandoned railroad beds and 
  2.18  rights-of-way; 
  2.19     (10) energy conservation projects, renewable resource 
  2.20  enhancement, and recovery of biomass; 
  2.21     (11) reclamation and improvement of strip-mined land; and 
  2.22     (12) forestry, nursery, and cultural operations. 
  2.23     Sec. 2.  Minnesota Statutes 2000, section 84.0887, 
  2.24  subdivision 2, is amended to read: 
  2.25     Subd. 2.  [ADDITIONAL SERVICES; CORPS TO CAREER COMMUNITY 
  2.26  SERVICE.] (a) In addition to services under subdivision 1, youth 
  2.27  Minnesota Conservation Corps programs may coordinate with or 
  2.28  provide services to: 
  2.29     (1) making public facilities accessible to individuals with 
  2.30  disabilities; 
  2.31     (2) federal, state, local, and regional governmental 
  2.32  agencies; 
  2.33     (3) nursing homes, hospices, senior centers, hospitals, 
  2.34  local libraries, parks, recreational facilities, child and adult 
  2.35  day care centers, programs servicing individuals with 
  2.36  disabilities, and schools; 
  3.1      (4) law enforcement agencies, and penal and probation 
  3.2   systems; 
  3.3      (5) private nonprofit organizations that primarily focus on 
  3.4   social service such as community action agencies; 
  3.5      (6) activities that focus on the rehabilitation or 
  3.6   improvement of public facilities, neighborhood improvements, 
  3.7   literacy training that benefits educationally disadvantaged 
  3.8   individuals, weatherization of and basic repairs to low-income 
  3.9   housing including housing occupied by older adults, activities 
  3.10  that focus on drug and alcohol abuse education, prevention, and 
  3.11  treatment; and 
  3.12     (7) any other nonpartisan civic activities and services 
  3.13  that the commissioner determines to be of a substantial social 
  3.14  benefit in meeting unmet human, educational, or environmental 
  3.15  needs, particularly needs related to poverty, or in the 
  3.16  community where volunteer service is to be performed. 
  3.17     (b) Youth and young adults may provide full-time or 
  3.18  part-time youth community service in a program known as "corps 
  3.19  to career" if the individual: 
  3.20     (1) is an unemployed high school dropout and is a parent of 
  3.21  a minor member of an assistance unit under the AFDC, MFIP, or 
  3.22  MFIP-R programs under chapter 256 or under the MFIP-S program 
  3.23  under chapter 256J, or is a person who is a member of an 
  3.24  assistance unit under the AFDC, MFIP, or MFIP-R programs under 
  3.25  chapter 256 or under the MFIP-S program under chapter 256J; 
  3.26     (2) agrees to only use the individual's postservice benefit 
  3.27  under the federal Americorps Act to complete a customized job 
  3.28  training program that requires 20 percent of the individual's 
  3.29  time to be spent in the corps to career program and that is 
  3.30  consistent with the work requirements of the employment and 
  3.31  training services component of the MFIP-S program under chapter 
  3.32  256J or, if a customized job training program is unavailable, 
  3.33  agrees to use the postservice benefit consistent with the 
  3.34  federal education award; and 
  3.35     (3) during the entire time the individual completes the 
  3.36  individual's job training program, resides within an enterprise 
  4.1   zone as defined in section 469.303. 
  4.2      To be eligible under this paragraph, any individual who 
  4.3   receives assistance under clause (1) after MFIP-S has been 
  4.4   implemented in the individual's county of financial 
  4.5   responsibility, and who meets the requirements in clauses (2) 
  4.6   and (3), also must meet the requirements of the employment and 
  4.7   training services component of the MFIP-S program under chapter 
  4.8   256J.  
  4.9      (c) The commissioner of natural resources shall ensure that 
  4.10  the corps to career program will not decrease employment 
  4.11  opportunities that would be available without the program; will 
  4.12  not displace current employees including any partial 
  4.13  displacement in the form of reduced hours of work other than 
  4.14  overtime, wages, employment benefits, or regular seasonal work; 
  4.15  will not impair existing labor agreements; and will not result 
  4.16  in the substitution of project funding for preexisting funds or 
  4.17  sources of funds for ongoing work. 
  4.18     Sec. 3.  Minnesota Statutes 2000, section 84.0887, 
  4.19  subdivision 4, is amended to read: 
  4.20     Subd. 4.  [ADVISORY COMMITTEE.] The commissioner shall 
  4.21  establish a youth Minnesota Conservation Corps advisory 
  4.22  committee with broad state representation including youth.  The 
  4.23  committee expires June 30, 2001. 
  4.24     Sec. 4.  Minnesota Statutes 2000, section 84.0887, 
  4.25  subdivision 5, is amended to read: 
  4.26     Subd. 5.  [OLDER MEMBERS.] Youth Minnesota Conservation 
  4.27  Corps programs may enroll a limited number of special corps 
  4.28  members over age 26 so that the corps may draw on their unique 
  4.29  knowledge, skills, or abilities to fulfill the purposes of the 
  4.30  programs. 
  4.31     Sec. 5.  Minnesota Statutes 2000, section 84.0887, 
  4.32  subdivision 6, is amended to read: 
  4.33     Subd. 6.  [EXPENDITURES FROM SPECIAL FUNDS.] An 
  4.34  appropriation from a special revenue fund or account to the 
  4.35  commissioner for youth Minnesota Conservation Corps programs 
  4.36  must be spent for projects that are consistent with the purposes 
  5.1   of the fund or account from which the appropriation was made. 
  5.2      Sec. 6.  Minnesota Statutes 2000, section 84.0887, 
  5.3   subdivision 9, is amended to read: 
  5.4      Subd. 9.  [CONTRACTS; GRANTS.] The commissioner of natural 
  5.5   resources may contract with and make grants to nonprofit 
  5.6   agencies to assist in carrying out the purposes, plans, and 
  5.7   programs of the office of youth programs, Minnesota Conservation 
  5.8   Corps. 
  5.9      Sec. 7.  Minnesota Statutes 2000, section 88.641, is 
  5.10  amended by adding a subdivision to read: 
  5.11     Subd. 1a.  [DECORATIVE BOUGHS.] "Decorative boughs" mean 
  5.12  decorative materials that are side branches or slashings that 
  5.13  have been cut from any growing coniferous or deciduous trees, 
  5.14  bushes, saplings, seedlings, or shrubs and that are intended to 
  5.15  be sold or used for decorative purposes. 
  5.16     Sec. 8.  Minnesota Statutes 2000, section 88.641, is 
  5.17  amended by adding a subdivision to read: 
  5.18     Subd. 1b.  [DECORATIVE MATERIALS.] "Decorative materials" 
  5.19  mean forest products that are collected or harvested from 
  5.20  growing coniferous or deciduous trees, bushes, saplings, 
  5.21  seedlings, shrubs, or herbaceous plants, including the tops, 
  5.22  branches, or other parts cut from any of the foregoing, 
  5.23  untrimmed or in their natural condition, intended to be sold or 
  5.24  used for decorative purposes.  Nursery stock is not included in 
  5.25  this definition. 
  5.26     Sec. 9.  Minnesota Statutes 2000, section 88.641, 
  5.27  subdivision 2, is amended to read: 
  5.28     Subd. 2.  [DECORATIVE TREES.] "Decorative trees" means mean 
  5.29  decorative materials that are growing pines, spruce, balsam, 
  5.30  cedar, evergreen or coniferous or deciduous trees, bushes, 
  5.31  saplings, seedlings, or shrubs, boughs or branches, including 
  5.32  the tops cut from any of the foregoing, untrimmed or in their 
  5.33  natural condition, intended to be sold or used for decorative 
  5.34  purposes.  Nursery stock shall not be included in this 
  5.35  definition.  
  5.36     Sec. 10.  Minnesota Statutes 2000, section 88.641, is 
  6.1   amended by adding a subdivision to read: 
  6.2      Subd. 4a.  [OFFICER.] "Officer" means a forest officer, 
  6.3   conservation officer, or other peace officer. 
  6.4      Sec. 11.  Minnesota Statutes 2000, section 88.641, is 
  6.5   amended by adding a subdivision to read: 
  6.6      Subd. 6.  [WRITTEN CONSENT.] "Written consent" means 
  6.7   written permission, a bill of sale, or a governmental or 
  6.8   reservation permit. 
  6.9      Sec. 12.  Minnesota Statutes 2000, section 88.642, is 
  6.10  amended to read: 
  6.11     88.642 [DECORATIVE TREES; CUTTING, REMOVAL OF; 
  6.12  TRANSPORTATION; PROHIBITIONS; EXCEPTIONS MATERIALS.] 
  6.13     Subdivision 1.  [WRITTEN CONSENT.] No person shall 
  6.14  cut, harvest, remove, or transport, or possess for decorative 
  6.15  purposes or for sale in natural condition and untrimmed, more 
  6.16  than three decorative trees as defined herein, more than 100 
  6.17  pounds of decorative boughs, or more than 100 pounds of any 
  6.18  other decorative materials without the written consent of or a 
  6.19  bill of sale provided by the owner or authorized agent of the 
  6.20  private or public land on which the same are grown and whether 
  6.21  such land be publicly or privately owned decorative materials 
  6.22  were cut or harvested.  The written consent shall be on a form 
  6.23  furnished and or otherwise approved by the department 
  6.24  commissioner of natural resources, and shall contain the legal 
  6.25  description of the land where the decorative trees materials 
  6.26  were cut or harvested, as well as the name of the legal 
  6.27  owner, of the land or a duly the owner's authorized agent or 
  6.28  agents, thereof.  The written consent or bill of sale, or a copy 
  6.29  thereof certified as a true copy by the person to whom the 
  6.30  consent was given or sale made, or by the county recorder of the 
  6.31  county in which the land is situated, if recorded, shall must be 
  6.32  carried by every person cutting, harvesting, removing, 
  6.33  possessing, or transporting any decorative trees, untrimmed or 
  6.34  in their natural condition materials, or in any way aiding 
  6.35  therein, and shall must be exhibited to any officer of the law, 
  6.36  forest ranger, forest patrol officer, conservation officer, or 
  7.1   other officer of the department of natural resources, at the 
  7.2   officer's request at any time.  
  7.3      Subd. 2.  [INSPECTION AND INVESTIGATION.] Any officer shall 
  7.4   have power to inspect any decorative trees materials when being 
  7.5   transported in any vehicle or other means of conveyance or by 
  7.6   common carrier, to make an investigation with reference thereto 
  7.7   as may be necessary to determine whether or not the provisions 
  7.8   of sections 88.641 to 88.648 have been complied with, to stop 
  7.9   any vehicle or other means of conveyance found carrying 
  7.10  decorative trees materials upon any public highways of this 
  7.11  state, for the purpose of making an inspection and 
  7.12  investigation, and to seize and hold subject to the order of the 
  7.13  court any decorative trees materials found being cut, removed, 
  7.14  or transported in violation of any provision of sections 88.641 
  7.15  to 88.648.  Failure to comply with the requirements of sections 
  7.16  88.641 to 88.648 subjects the decorative materials to seizure 
  7.17  and confiscation as contraband in addition to other penalties 
  7.18  provided by law. 
  7.19     Subd. 3.  [TRANSPORTATION REQUIREMENTS.] No person, common 
  7.20  carrier, bough buyer, or authorized agent thereof shall purchase 
  7.21  or otherwise receive for shipment or transportation any 
  7.22  decorative trees unless materials without recording the 
  7.23  consignor, whose seller's or consignor's name and address shall 
  7.24  be recorded, exhibits at the time of consignment and the written 
  7.25  consent, bill of sale, or certified copy thereof herein provided 
  7.26  for on a form furnished or otherwise approved by the 
  7.27  commissioner of natural resources.  
  7.28     Subd. 4.  [NO WRITTEN CONSENT.] Failure to so possess or 
  7.29  exhibit a written consent or bill of sale shall be prima facie 
  7.30  evidence that no consent was given or exists.  
  7.31     Subd. 5.  [EXCEPTIONS.] (a) This section does not apply to 
  7.32  decorative materials in the possession of or being transported 
  7.33  by a federal, state, or local government official for a 
  7.34  legitimate public purpose. 
  7.35     (b) This section does not apply to a person cutting, 
  7.36  harvesting, possessing, or transporting decorative materials cut 
  8.1   from the person's own property if the person produces 
  8.2   documentation that the person owns the property where the 
  8.3   decorative materials were cut. 
  8.4      Sec. 13.  [88.6435] [BOUGH BUYERS.] 
  8.5      Subdivision 1.  [PERMITS.] A person may not buy more than 
  8.6   100 pounds of decorative boughs in any calendar year without a 
  8.7   bough buyer's permit issued by the commissioner of natural 
  8.8   resources.  The annual fee for a permit for a resident or 
  8.9   nonresident to buy decorative boughs is $25.  The annual fee may 
  8.10  be reduced to $10 if the buyer attends an approved annual 
  8.11  workshop or other orientation session for balsam bough 
  8.12  harvesters and buyers. 
  8.13     Subd. 2.  [BUYING AND RECORD REQUIREMENTS.] (a) When buying 
  8.14  or otherwise receiving decorative boughs, a person permitted 
  8.15  under this section must record: 
  8.16     (1) the seller's name and address; 
  8.17     (2) the form of written consent; and 
  8.18     (3) the government permit number or legal description or 
  8.19  property tax identification number of the land from which the 
  8.20  boughs were obtained. 
  8.21     The information must be provided on a form furnished or 
  8.22  otherwise approved by the commissioner of natural resources in 
  8.23  consultation with the balsam bough industry groups.  
  8.24     (b) Boughs may not be purchased if the seller fails to 
  8.25  exhibit the written consent required under section 88.642, 
  8.26  subdivision 1, or if the boughs do not conform to the standards 
  8.27  specified on the consent.  Decorative boughs cut from public 
  8.28  lands must conform to standards specified in the written consent.
  8.29     (c) Records shall be maintained from July 1 until June 30 
  8.30  of the following calendar year and shall be open to inspection 
  8.31  to an officer during reasonable hours. 
  8.32     (d) Customer name and address records created and 
  8.33  maintained by permittees under this section are classified as 
  8.34  private or nonpublic government data. 
  8.35     Subd. 3.  [REVOCATION OF PERMITS.] (a) The commissioner may 
  8.36  deny, modify, suspend, or revoke a permit issued under this 
  9.1   section for cause, including falsification of records required 
  9.2   under this section or violation of any other provision of 
  9.3   sections 88.641 to 88.648. 
  9.4      (b) A person convicted of two or more violations of 
  9.5   sections 88.641 to 88.648 within three years may not obtain a 
  9.6   bough buyer's permit for three years from the date of the last 
  9.7   conviction. 
  9.8      Subd. 4.  [DISPOSITION OF PERMIT FEES AND PENALTIES.] Fees 
  9.9   for permits issued under this section shall be deposited in the 
  9.10  state treasury and credited to the special revenue fund and are 
  9.11  annually appropriated to the commissioner of natural resources 
  9.12  for costs associated with balsam bough educational programs for 
  9.13  harvesters and buyers. 
  9.14     Sec. 14.  Minnesota Statutes 2000, section 88.645, is 
  9.15  amended to read: 
  9.16     88.645 [ENFORCEMENT.] 
  9.17     Subdivision 1.  [SEARCH WARRANTS.] Any A court having 
  9.18  authority to issue warrants in criminal cases may issue a search 
  9.19  warrant, in the manner provided by law for issuing search 
  9.20  warrants for stolen property, to search for and seize any trees 
  9.21  alleged upon sufficient grounds to have been decorative 
  9.22  materials affected by or involved in any an offense under 
  9.23  sections 88.641 to 88.647 88.648.  The warrant may be directed 
  9.24  to and executed by any officer authorized to make arrests and 
  9.25  seizures by sections 88.641 to 88.647 88.648.  
  9.26     Subd. 2.  [COMPLAINT.] Any An officer having knowledge of 
  9.27  any an offense under sections 88.641 to 88.647 88.648 shall 
  9.28  forthwith make a complaint against the offender before a court 
  9.29  having jurisdiction of the offense and request the court to 
  9.30  issue a warrant of arrest in the case.  
  9.31     Sec. 15.  Minnesota Statutes 2000, section 88.647, is 
  9.32  amended to read: 
  9.33     88.647 [RELATION TO EXISTING LAWS.] 
  9.34     Sections 88.641 to 88.647 shall 88.6435 do not be deemed to 
  9.35  supersede any existing provision of law relating to any matter 
  9.36  within the scope thereof but shall be construed as supplementary 
 10.1   thereto.  
 10.2      Sec. 16.  Minnesota Statutes 2000, section 88.648, is 
 10.3   amended to read: 
 10.4      88.648 [FALSE STATEMENT; CRIMINAL PENALTIES; MISDEMEANOR.] 
 10.5      Any (a) A person who makes any a false statement in any 
 10.6   application, form, or other statement for the purpose of 
 10.7   obtaining any written consent or bill of sale as described in 
 10.8   sections 88.641 to 88.644 88.6435 is guilty of a misdemeanor.  
 10.9      (b) Except as otherwise provided in this subdivision 
 10.10  section, any a person who violates any a provision of sections 
 10.11  88.641 to 88.647, 88.6435 is guilty of a misdemeanor.  
 10.12     Sec. 17.  Minnesota Statutes 2000, section 93.22, is 
 10.13  amended to read: 
 10.14     93.22 [DISPOSITION OF PAYMENTS.] 
 10.15     Subdivision 1.  [GENERALLY.] (a) All payments under 
 10.16  sections 93.14 to 93.285 shall be made to the department of 
 10.17  natural resources and shall be credited as follows: according to 
 10.18  this section.  
 10.19     (1) (a) If the lands or minerals and mineral rights covered 
 10.20  by a lease are held by the state by virtue of an act of 
 10.21  Congress, payments made under the lease shall be credited to the 
 10.22  permanent fund of the class of land to which the leased premises 
 10.23  belong;. 
 10.24     (2) (b) If a lease covers the bed of navigable waters, 
 10.25  payments made under the lease shall be credited to the permanent 
 10.26  school fund of the state; and. 
 10.27     (3) (c) If the lands or minerals and mineral rights covered 
 10.28  by a lease are held by the state in trust for the taxing 
 10.29  districts, payments made under the lease shall be distributed 
 10.30  annually on the first day of September as follows: 
 10.31     (i) 20 percent to the general fund; and 
 10.32     (ii) 80 percent to the respective counties in which the 
 10.33  lands lie, to be apportioned among the taxing districts 
 10.34  interested therein as follows:  county, three-ninths; town or 
 10.35  city, two-ninths; and school district, four-ninths. 
 10.36     (b) (d) Except as provided under paragraph (a) this section 
 11.1   and except where the disposition of payments may be otherwise 
 11.2   directed by law, all payments shall be paid into the general 
 11.3   fund of the state. 
 11.4      Subd. 2.  [TACONITE LEASE REVENUE.] Notwithstanding 
 11.5   subdivision 1, from July 1, 2001, to June 30, 2006, payments 
 11.6   made under state taconite leases shall be distributed as follows:
 11.7      (a) If the lands or minerals and mineral rights covered by 
 11.8   a lease are held by the state by virtue of a school, swamp, or 
 11.9   internal improvement land grant of Congress, payments made under 
 11.10  the lease shall be distributed annually on September 1 to the 
 11.11  school fund mineral lease suspense account created under section 
 11.12  93.223, subdivision 1. 
 11.13     (b) If the lands or minerals and mineral rights covered by 
 11.14  a lease are held by the state by virtue of a university land 
 11.15  grant of Congress, payments made under the lease shall be 
 11.16  distributed annually on September 1 to the university mineral 
 11.17  lease suspense account created under section 93.223, subdivision 
 11.18  3. 
 11.19     (c) If the lands or minerals and mineral rights covered by 
 11.20  a lease are held by the state in trust for the taxing districts, 
 11.21  payments made under the lease shall be distributed annually on 
 11.22  September 1 to the tax-forfeited land mineral lease account 
 11.23  created under section 93.223, subdivision 2. 
 11.24     Sec. 18.  [93.223] [MINERAL LEASE SUSPENSE ACCOUNTS.] 
 11.25     Subdivision 1.  [SCHOOL FUND MINERAL LEASE SUSPENSE 
 11.26  ACCOUNT.] The school fund mineral lease suspense account is 
 11.27  created as an account in the state treasury for mineral lease 
 11.28  money deposited according to section 93.22, subdivision 2, 
 11.29  paragraph (a).  Interest earned on money in the account accrues 
 11.30  to the account.  After money is annually deposited in the 
 11.31  account under section 93.22, subdivision 2, paragraph (a), the 
 11.32  commissioner of finance shall certify 20 percent of the payments 
 11.33  made during the preceding fiscal year as costs for the 
 11.34  administration and management of mineral leases on permanent 
 11.35  school fund lands.  The commissioner of finance shall transfer 
 11.36  the certified amount from the school fund mineral lease suspense 
 12.1   account to the general fund.  The balance remaining in the 
 12.2   account after the certification is annually transferred to the 
 12.3   permanent school fund. 
 12.4      Subd. 2.  [TAX-FORFEITED LAND MINERAL LEASE SUSPENSE 
 12.5   ACCOUNT.] The tax-forfeited land mineral lease suspense account 
 12.6   is created as an account in the state treasury for mineral lease 
 12.7   money deposited according to section 93.22, subdivision 2, 
 12.8   paragraph (c).  Interest earned on money in the account accrues 
 12.9   to the account.  After money is annually deposited in the 
 12.10  account under section 93.22, subdivision 2, paragraph (c), the 
 12.11  commissioner of finance shall certify 20 percent of the payments 
 12.12  made during the preceding fiscal year as costs for the 
 12.13  administration and management of mineral leases on lands held in 
 12.14  trust for taxing districts.  The commissioner of finance shall 
 12.15  transfer the certified amount from the tax-forfeited land 
 12.16  mineral lease suspense account to the general fund.  The balance 
 12.17  remaining in the account is annually appropriated to the 
 12.18  respective counties where the lands are located, to be 
 12.19  apportioned among the taxing districts with interests in the 
 12.20  lands as follows:  county, three-ninths; town or city, 
 12.21  two-ninths; and school district, four-ninths. 
 12.22     Subd. 3.  [UNIVERSITY FUND MINERAL LEASE SUSPENSE ACCOUNT.] 
 12.23  The university fund mineral lease suspense account is created as 
 12.24  an account in the state treasury for mineral lease money 
 12.25  deposited according to section 93.22, subdivision 2, paragraph 
 12.26  (b).  Interest earned on money in the account accrues to the 
 12.27  account.  After money is annually deposited in the account under 
 12.28  section 93.22, subdivision 2, paragraph (b), the commissioner of 
 12.29  finance shall certify 20 percent of the payments made during the 
 12.30  preceding fiscal year as costs for the administration and 
 12.31  management of mineral leases on permanent university fund 
 12.32  lands.  The commissioner of finance shall transfer the certified 
 12.33  amount from the university fund mineral lease account to the 
 12.34  general fund.  The balance remaining in the account is annually 
 12.35  transferred to the permanent university fund. 
 12.36     Sec. 19.  [93.2235] [TACONITE MINING GRANTS; 
 13.1   APPROPRIATIONS.] 
 13.2      Subdivision 1.  The commissioner shall establish a program 
 13.3   to award grants to taconite mining companies for: 
 13.4      (1) product improvements; 
 13.5      (2) value-added production; or 
 13.6      (3) cost-savings improvements. 
 13.7      An amount equal to the sum of money transferred to the 
 13.8   general fund under section 93.223, subdivisions 1 and 2, is 
 13.9   annually appropriated from the general fund to the commissioner 
 13.10  for the purposes of this section. 
 13.11     Subd. 2.  The director of the Coleraine laboratory shall 
 13.12  establish a program to award grants to taconite mining companies 
 13.13  for: 
 13.14     (1) product improvements; 
 13.15     (2) value-added production; or 
 13.16     (3) cost-savings improvements.  
 13.17     An amount equal to the sum of money transferred to the 
 13.18  general fund under section 92.223, subdivision 3, is annually 
 13.19  appropriated from the general fund to the director of the 
 13.20  Coleraine laboratory for the purposes of this section. 
 13.21     Sec. 20.  Minnesota Statutes 2000, section 256J.20, 
 13.22  subdivision 3, is amended to read: 
 13.23     Subd. 3.  [OTHER PROPERTY LIMITATIONS.] To be eligible for 
 13.24  MFIP, the equity value of all nonexcluded real and personal 
 13.25  property of the assistance unit must not exceed $2,000 for 
 13.26  applicants and $5,000 for ongoing participants.  The value of 
 13.27  assets in clauses (1) to (20) must be excluded when determining 
 13.28  the equity value of real and personal property: 
 13.29     (1) a licensed vehicle up to a loan value of less than or 
 13.30  equal to $7,500.  The county agency shall apply any excess loan 
 13.31  value as if it were equity value to the asset limit described in 
 13.32  this section.  If the assistance unit owns more than one 
 13.33  licensed vehicle, the county agency shall determine the vehicle 
 13.34  with the highest loan value and count only the loan value over 
 13.35  $7,500, excluding:  (i) the value of one vehicle per physically 
 13.36  disabled person when the vehicle is needed to transport the 
 14.1   disabled unit member; this exclusion does not apply to mentally 
 14.2   disabled people; (ii) the value of special equipment for a 
 14.3   handicapped member of the assistance unit; and (iii) any vehicle 
 14.4   used for long-distance travel, other than daily commuting, for 
 14.5   the employment of a unit member. 
 14.6      The county agency shall count the loan value of all other 
 14.7   vehicles and apply this amount as if it were equity value to the 
 14.8   asset limit described in this section.  To establish the loan 
 14.9   value of vehicles, a county agency must use the N.A.D.A. 
 14.10  Official Used Car Guide, Midwest Edition, for newer model cars.  
 14.11  When a vehicle is not listed in the guidebook, or when the 
 14.12  applicant or participant disputes the loan value listed in the 
 14.13  guidebook as unreasonable given the condition of the particular 
 14.14  vehicle, the county agency may require the applicant or 
 14.15  participant document the loan value by securing a written 
 14.16  statement from a motor vehicle dealer licensed under section 
 14.17  168.27, stating the amount that the dealer would pay to purchase 
 14.18  the vehicle.  The county agency shall reimburse the applicant or 
 14.19  participant for the cost of a written statement that documents a 
 14.20  lower loan value; 
 14.21     (2) the value of life insurance policies for members of the 
 14.22  assistance unit; 
 14.23     (3) one burial plot per member of an assistance unit; 
 14.24     (4) the value of personal property needed to produce earned 
 14.25  income, including tools, implements, farm animals, inventory, 
 14.26  business loans, business checking and savings accounts used at 
 14.27  least annually and used exclusively for the operation of a 
 14.28  self-employment business, and any motor vehicles if at least 50 
 14.29  percent of the vehicle's use is to produce income and if the 
 14.30  vehicles are essential for the self-employment business; 
 14.31     (5) the value of personal property not otherwise specified 
 14.32  which is commonly used by household members in day-to-day living 
 14.33  such as clothing, necessary household furniture, equipment, and 
 14.34  other basic maintenance items essential for daily living; 
 14.35     (6) the value of real and personal property owned by a 
 14.36  recipient of Supplemental Security Income or Minnesota 
 15.1   supplemental aid; 
 15.2      (7) the value of corrective payments, but only for the 
 15.3   month in which the payment is received and for the following 
 15.4   month; 
 15.5      (8) a mobile home or other vehicle used by an applicant or 
 15.6   participant as the applicant's or participant's home; 
 15.7      (9) money in a separate escrow account that is needed to 
 15.8   pay real estate taxes or insurance and that is used for this 
 15.9   purpose; 
 15.10     (10) money held in escrow to cover employee FICA, employee 
 15.11  tax withholding, sales tax withholding, employee worker 
 15.12  compensation, business insurance, property rental, property 
 15.13  taxes, and other costs that are paid at least annually, but less 
 15.14  often than monthly; 
 15.15     (11) monthly assistance, emergency assistance, and 
 15.16  diversionary payments for the current month's needs; 
 15.17     (12) the value of school loans, grants, or scholarships for 
 15.18  the period they are intended to cover; 
 15.19     (13) payments listed in section 256J.21, subdivision 2, 
 15.20  clause (9), which are held in escrow for a period not to exceed 
 15.21  three months to replace or repair personal or real property; 
 15.22     (14) income received in a budget month through the end of 
 15.23  the payment month; 
 15.24     (15) savings from earned income of a minor child or a minor 
 15.25  parent that are set aside in a separate account designated 
 15.26  specifically for future education or employment costs; 
 15.27     (16) the federal earned income credit, Minnesota working 
 15.28  family credit, state and federal income tax refunds, state 
 15.29  homeowners and renters credits under chapter 290A, property tax 
 15.30  rebates and other federal or state tax rebates in the month 
 15.31  received and the following month; 
 15.32     (17) payments excluded under federal law as long as those 
 15.33  payments are held in a separate account from any nonexcluded 
 15.34  funds; 
 15.35     (18) money received by a participant of the corps to career 
 15.36  program under section 84.0887, subdivision 2, paragraph (b), as 
 16.1   a postservice benefit under the federal Americorps Act; 
 16.2      (19) the assets of children ineligible to receive MFIP 
 16.3   benefits because foster care or adoption assistance payments are 
 16.4   made on their behalf; and 
 16.5      (20) (19) the assets of persons whose income is excluded 
 16.6   under section 256J.21, subdivision 2, clause (43). 
 16.7      Sec. 21.  Laws 1995, chapter 220, section 142, as amended 
 16.8   by Laws 1995, chapter 263, section 12, Laws 1996, chapter 351, 
 16.9   section 1, and Laws 1999, chapter 231, section 191, is amended 
 16.10  to read:  
 16.11     Sec. 142.  [EFFECTIVE DATES.] 
 16.12     Sections 2, 5, 7, 20, 42, 44 to 49, 56, 57, 101, 102, 117, 
 16.13  and 141, paragraph (d), are effective the day following final 
 16.14  enactment. 
 16.15     Sections 114, 115, 118, and 121 are effective January 1, 
 16.16  1996. 
 16.17     Sections 120, subdivisions 2, 3, 4, and 5, and 141, 
 16.18  paragraph (c), are effective July 1, 1996. 
 16.19     Section 141, paragraph (b), is effective June 30, 2001 2007.
 16.20     Sections 58 and 66 are effective retroactively to August 1, 
 16.21  1991.  
 16.22     Section 119 is effective September 1, 1996. 
 16.23     Section 120, subdivision 1, is effective July 1, 1999. 
 16.24     Sec. 22.  [STUDY; MOTOR VEHICLE USE OF STATE AND COUNTY 
 16.25  FOREST ROADS.] 
 16.26     The commissioners of administration, transportation, 
 16.27  natural resources, and revenue shall work with the affected 
 16.28  counties to study and determine the percentage of revenue 
 16.29  received from the unrefunded gasoline and special fuel tax that 
 16.30  is derived from gasoline and special fuel for the operation of 
 16.31  motor vehicles on state forest roads and county forest access 
 16.32  roads.  The commissioners shall report the results of this study 
 16.33  by December 1, 2002. 
 16.34     Sec. 23.  [EXPIRATION.] 
 16.35     Sections 17, subdivision 2, 18, and 19 expire June 30, 2006.
 16.36  After that date, money remaining in the mineral lease suspense 
 17.1   accounts created in section 18 must be transferred and allocated 
 17.2   as provided in Minnesota Statutes, section 93.22, subdivision 1. 
 17.3      Sec. 24.  [REPEALER.] 
 17.4      Minnesota Statutes 2000, sections 88.641, subdivisions 4 
 17.5   and 5; and 88.644, are repealed. 
 17.6      Sec. 25.  [EFFECTIVE DATE.] 
 17.7      Section 13 is effective July 1, 2002.