SF 1387

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