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Minnesota Session Laws - 1998, Regular Session

Key: (1) language to be deleted (2) new language

                            CHAPTER 401-S.F.No. 3353 
                  An act relating to the organization and operation of 
                  state government; appropriating money for 
                  environmental, natural resource, and agricultural 
                  purposes; providing for regulation of certain 
                  activities and practices; amending Minnesota Statutes 
                  1996, sections 3.737, subdivisions 1, 4, and by adding 
                  a subdivision; 18C.141; 35.82, subdivision 2; 41A.09, 
                  subdivision 1a; 84.871; 86B.101, subdivision 2; 
                  86B.415, subdivision 1, and by adding a subdivision; 
                  89A.03, subdivision 1; 90.193; 93.002, subdivision 1; 
                  97A.037, subdivision 1; 97A.245; 103C.315, subdivision 
                  4; 103F.155, subdivision 2; 103F.161, subdivision 2; 
                  103G.271, subdivision 6; 115.076, subdivision 1; 
                  116.07, by adding subdivisions; 308A.131, subdivision 
                  1; 308A.705, subdivision 3; Minnesota Statutes 1997 
                  Supplement, sections 17.101, subdivision 5; 41A.09, 
                  subdivision 3a; 84.8205; 84.86, subdivision 1; 85.015, 
                  subdivision 1c; 115.55, subdivision 5a; 116.07, 
                  subdivision 7; 116.18, subdivision 3c; 169.1217, 
                  subdivision 1; and 308A.705, subdivision 1; Laws 1997, 
                  chapter 216, section 15, subdivision 8; proposing 
                  coding for new law in Minnesota Statutes, chapters 17; 
                  18C; and 84; repealing Minnesota Statutes 1997 
                  Supplement, section 85.015, subdivision 1c; and Laws 
                  1991, chapter 275, section 3. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
        Section 1.  [ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.] 
           The sums in the columns headed "APPROPRIATIONS" are 
        appropriated from the general fund, or another named fund, to 
        the agencies and for the purposes specified in this act to be 
        available for the fiscal years indicated for each purpose.  The 
        figures "1998" and "1999," where used in this act, mean that the 
        appropriation or appropriations listed under them are available 
        for the year ending June 30, 1998, or June 30, 1999, 
        respectively. 
                                SUMMARY BY FUND
                                                  1998         1999
        General Fund                          $5,294,000     $12,498,000
        Natural Resources Fund                   -0-             500,000
        Total                                  5,294,000      12,998,000
                                                   APPROPRIATIONS 
                                               Available for the Year 
                                                   Ending June 30 
                                                  1998         1999 
        Sec. 2.  POLLUTION CONTROL
        AGENCY                                   180,000      1,210,000
        $350,000 in fiscal year 1999 is added 
        to the appropriation for county feedlot 
        program grants in Laws 1997, chapter 
        216, section 2, subdivision 2.  In 
        fiscal year 1999 delegated counties 
        shall be eligible to receive a grant of 
        either:  $40 multiplied by the number 
        of livestock or poultry farms with 
        sales greater than $10,000, as reported 
        in the 1992 Census of Agriculture, 
        published by the United States Bureau 
        of Census; or $50 multiplied by the 
        number of feedlots with greater than 
        ten animal units, as determined by a 
        level 2 or level 3 feedlot inventory 
        conducted in accordance with the 
        Feedlot Inventory Guidebook published 
        by the board of water and soil 
        resources, dated June 1991. 
        $50,000 in fiscal year 1999 is for the 
        bioaccumulative residues research 
        program at the University of 
        Minnesota-Duluth to analyze fish 
        contaminants, including researching the 
        presence of selenium in fish samples.  
        As a condition of this grant, the 
        University of Minnesota-Duluth must 
        submit a work program and submit 
        semiannual progress reports as provided 
        in Minnesota Statutes, section 116P.05, 
        subdivision 2, paragraph (c).  This is 
        a one-time appropriation. 
        $180,000 in fiscal year 1998 is for the 
        cost of administering the wastewater 
        infrastructure program.  This 
        appropriation is available until June 
        30, 2002. 
        $50,000 in fiscal year 1999 is for a 
        scoping study for a cost-benefit model 
        to analyze the costs of water quality 
        standards.  This is a one-time 
        appropriation. 
        $375,000 in fiscal year 1999 is for 
        acceleration of research being 
        conducted on deformities and possible 
        causes found in amphibians.  The 
        funding must be shared with the 
        departments of agriculture, natural 
        resources, and health and with the 
        appropriate University of Minnesota 
        departments.  $39,000 of the 
        appropriation must be shared with 
        Hamline University for its friends of 
        the frog program.  The money must be 
        used for research and monitoring of 
        amphibian deformities, including, but 
        not limited to, a possible groundwater 
        surface water interconnection.  The 
        money may be used as a match for any 
        federal dollars available.  This is a 
        one-time appropriation. 
        $300,000 in fiscal year 1999 is for 
        expansion of permitting activities 
        under the federal Clean Water Act that 
        affect feedlots in excess of 1,000 
        animal units. 
        The availability of the appropriation 
        in Laws 1997, chapter 216, section 15, 
        subdivision 14, paragraph (c), to 
        monitor and research the effects of 
        endocrine disrupting chemicals in 
        surface waters is extended to June 30, 
        2000. 
        $85,000 in fiscal year 1999 is for a 
        grant to Benton county to pay the 
        principal amount due in fiscal year 
        1999 on bonds issued by the county to 
        pay part of a final order or settlement 
        of a lawsuit for environmental response 
        costs at a mixed municipal solid waste 
        facility.  This money and any future 
        money appropriated for this purpose 
        must be apportioned by Benton county 
        among the local units of government 
        that were parties to the final order or 
        settlement in the same proportion that 
        the local units of government agreed to 
        as their share of the liability.  This 
        is a one-time appropriation. 
        Sec. 3.  ZOOLOGICAL BOARD              1,500,000          -0-  
        $1,500,000 is for zoo operations.  This 
        is a one-time supplemental 
        appropriation.  By September 1, 1998, 
        the board shall report to the governor, 
        the chair of the senate environment and 
        agriculture budget division, and the 
        chair of the house environment, natural 
        resources and agriculture finance 
        committee on recommendations to 
        internally manage the effects of 
        lowered attendance projections and 
        methods for improving attendance 
        forecasting. 
        Sec. 4.  NATURAL RESOURCES             2,974,000      7,717,000
                                Summary by Fund
        General Fund            2,974,000      7,267,000
        Natural Resources Fund     -0-           450,000
        $1,504,000 in fiscal year 1999 is for 
        flood-related activities in the 
        division of waters.  $200,000 of this 
        appropriation is for alternative flood 
        control measures beneficial to the 
        environment, such as culvert downsizing 
        on man-made waterways and wetland 
        restoration.  $10,000 of this 
        appropriation is for a grant to the 
        Marine-on-St. Croix watershed 
        management organization for engineering 
        analysis of flooding problems along 
        Twin lake.  Notwithstanding Minnesota 
        Statutes, section 103F.161, subdivision 
        2, paragraph (c), this appropriation 
        may be combined with a flood hazard 
        mitigation grant previously awarded to 
        the watershed management organization.  
        $75,000 of this appropriation is for a 
        grant under Minnesota Statutes, section 
        103F.161, to Swift county for 
        improvements at Lake Oliver.  $30,000 
        of this appropriation is for a grant 
        under Minnesota Statutes, section 
        103F.161, to the Chisago Lake 
        improvement district for improvements 
        to the outlet project.  The portion of 
        this appropriation to be included in 
        the department's base is $1,189,000 for 
        each fiscal year. 
        $150,000 in fiscal year 1999 is for 
        transfer to the Minnesota forest 
        resources council for implementation of 
        the Sustainable Forest Resources Act 
        pursuant to Minnesota Statutes, chapter 
        89A.  This a one-time appropriation. 
        $476,000 in fiscal year 1998 is for 
        sealing inactive wells on state-owned 
        land.  The commissioner shall determine 
        project priorities as appropriate based 
        upon need.  This appropriation is 
        available until June 30, 2002. 
        $430,000 in fiscal year 1999 is for 
        operations at Fort Snelling park and 
        for statewide resource protection.  The 
        portion of this appropriation to be 
        included in the department's base is 
        $200,000 in each fiscal year. 
        $250,000 in fiscal year 1999 is for 
        population and habitat objectives of 
        the nongame wildlife management program.
        $180,000 in fiscal year 1998 and 
        $120,000 in fiscal year 1999 are for 
        increased public involvement in white 
        pine management planning and to 
        accelerate white pine management on 
        state forest lands.  Any amount of this 
        appropriation not used in fiscal year 
        1998 is available in fiscal year 1999. 
        $370,000 in fiscal year 1998 and 
        $230,000 in fiscal year 1999 are for 
        improvement of camper safety and 
        security in state forest campgrounds 
        and to make repairs to selected state 
        forest campgrounds. 
        $450,000 in fiscal year 1999 is from 
        the water recreation account in the 
        natural resources fund for enforcement 
        of personal watercraft laws.  At least 
        one-half of the conservation officers 
        hired pursuant to this item must be 
        from the protected classes.  $225,000 
        of this appropriation is for grants to 
        counties where there is significant use 
        of personal watercraft on waters in and 
        bordering the counties.  The grants 
        must be used for personal watercraft 
        safety education and law enforcement, 
        pursuant to Minnesota Statutes, section 
        86B.415, subdivision 7a. 
        $250,000 in fiscal year 1999 is for 
        operational costs related to wildlife 
        management at the area level. 
        $470,000 in fiscal year 1998 and 
        $250,000 in fiscal year 1999 are for 
        the interpretation, management, and 
        monitoring of scientific and natural 
        areas. 
        $340,000 in fiscal year 1999 is for 
        technical assistance and grants to 
        assist local government units and 
        organizations in the metropolitan area 
        to acquire and develop natural areas 
        and greenways. 
        $300,000 in fiscal year 1999 is for 
        state trail maintenance and amenities.  
        $250,000 in fiscal year 1999 is for a 
        grant to the city of North St. Paul for 
        improvements including trail 
        connections, lighting, and landscaping 
        related to the trail bridge over 
        Highway 36 in North St. Paul.  This is 
        a one-time appropriation. 
        $500,000 in fiscal year 1999 is for 
        further work to develop protected water 
        flow recommendations on Minnesota 
        streams and for support of river 
        restoration expertise and its 
        application to the Whitewater river and 
        Sandy river.  $300,000 of this amount 
        is a one-time appropriation for stream 
        protection on Brown's creek in 
        Washington county. 
        $53,000 in fiscal year 1999 is for 
        minerals cooperative environmental 
        research.  $26,500 is available only as 
        matched by $1 of nonstate money for 
        each $1 of state money.  This 
        appropriation is added to the 
        appropriation in Laws 1997, chapter 
        216, section 5, subdivision 2.  
        $75,000 in fiscal year 1998 is to 
        repair state forest land in Morrison, 
        Mille Lacs, Kanabec, and Crow Wing 
        counties. 
        $100,000 in fiscal year 1998 is for 
        development and maintenance of habitat 
        and facilities, and data management 
        system development at Swan lake 
        wildlife management area.  
        $1,175,000 in fiscal year 1999 is for 
        wildlife habitat improvement, wildlife 
        population surveys, monitoring, private 
        lands cost-sharing for wildlife habitat 
        and forest stewardship, and project 
        grants to local governments and private 
        organizations to enhance fish, 
        wildlife, and native plant habitats.  
        Of this amount, $375,000 is for brush 
        land and forest habitat renewal for 
        sharp-tailed grouse and other species 
        of birds dependent on open brush lands 
        in forest areas by providing financial 
        and technical assistance to landowners 
        as well as brush land renewal on public 
        lands; $300,000 is for wildlife habitat 
        improvements through cost-sharing and 
        technical assistance to private 
        landowners; $300,000 is for forest 
        stewardship improvements through 
        cost-sharing and technical assistance 
        to private landowners; and $200,000 is 
        for wildlife population surveys, 
        monitoring, evaluation, and constituent 
        surveys.  The portion of this 
        appropriation to be included in the 
        department's base is $1,075,000 in each 
        fiscal year.  The base amounts for each 
        specific item are $325,000, $275,000, 
        $275,000, and $200,000, respectively.  
        $100,000 in fiscal year 1998 is for 
        engineering and hydraulic studies in 
        conjunction with the proposed 
        development of an urban whitewater 
        trail along the Mississippi river in 
        the lower St. Anthony Falls area below 
        the stone arch bridge in Minneapolis 
        and to examine the economic impact, 
        market use potential, public safety 
        concerns, environmental considerations, 
        and land and water use impacts of the 
        proposed Mississippi Whitewater trail.  
        The commissioner must coordinate and 
        work with affected local, state, and 
        federal governments and interested 
        citizen groups, including, but not 
        limited to, the National Park Service, 
        the United States Army Corps of 
        Engineers, the University of Minnesota, 
        the Minnesota historical society, the 
        metropolitan parks and open space 
        commission, the Minneapolis park board, 
        and the Mississippi Whitewater Park 
        Development Corporation.  The 
        commissioner must report to the senate 
        environment and agriculture budget 
        division and the house environment, 
        natural resources, and agriculture 
        finance committee by November 1, 1999, 
        on the findings from the studies 
        required under this item.  This 
        appropriation is available until June 
        30, 1999. 
        $100,000 in fiscal year 1998 is for a 
        grant to the township of Linwood in 
        Anoka county to construct a surface 
        water drainage system to control water 
        pollution.  This appropriation is 
        available until expended.  Expenses 
        incurred by Linwood township related to 
        the proposed project, prior to this 
        appropriation, may be considered as 
        part of the total project cost for 
        purposes of satisfying the requirements 
        of Minnesota Statutes, section 
        103F.161, subdivision 2, paragraph 
        (c).* (The preceding text beginning 
        "$100,000 in fiscal year 1998 is for a grant to the township of 
        Linwood" was 
        vetoed by the governor.) 
        $200,000 in fiscal year 1998 is added 
        to the appropriation in Laws 1997, 
        chapter 216, section 15, subdivision 4, 
        paragraph (c), clause (4), for the 
        statewide conservation partners program.
        $215,000 in fiscal year 1998 and 
        $250,000 in fiscal year 1999 are to 
        enhance customer service and data 
        access through the collaborative use of 
        technology, to improve communication 
        with citizens and stakeholders, to 
        provide technical assistance and data 
        delivery to citizens and local 
        government, and for the Minnesota 
        Environmental/Natural Resource 
        Electronic Library (MENREL) to 
        accelerate the development of 
        integrated and indexed environmental 
        and geographic data catalogs, 
        cross-agency search and retrieval, and 
        content-rich libraries of environmental 
        data and information. 
        $350,000 in fiscal year 1998 is to 
        serve as the state match to federal 
        money to remove surplus sediment along 
        the east bank of the Mississippi river 
        at Little Falls.  The commissioner must 
        coordinate and work with the United 
        States Army Corps of Engineers on this 
        project.  This appropriation is 
        available until expended. 
        $203,000 in fiscal year 1998 is for a 
        forestry information management system 
        to improve the timber sale program, 
        forest development model, and fire 
        management. 
        $35,000 in fiscal year 1998 and 
        $115,000 in fiscal year 1999 are for 
        expansion of the "Becoming an Outdoors 
        Woman Program," and for a position to 
        coordinate shooting range development 
        on a statewide basis.  Of this amount, 
        $35,000 in fiscal year 1998 is 
        available until June 30, 1999, to match 
        an equal amount of nonstate money for 
        shooting range partnership agreements 
        and is a one-time appropriation. 
        $50,000 in fiscal year 1998 is for 
        ecosystem-based management workshops 
        for teams of local officials, natural 
        resource managers, and citizens. 
        $200,000 in fiscal year 1999 is for 
        aquatic plant restoration.  
        $125,000 in fiscal year 1999 is for 
        local initiatives grants program 
        administration. 
        $150,000 in fiscal year 1999 is for 
        long-term monitoring of lake ecosystems.
        The appropriations in Laws 1996, 
        chapter 407, section 3, for the Iron 
        Range off-highway vehicle recreation 
        area are available until June 30, 2000. 
        $100,000 in fiscal year 1999 is for an 
        enhanced lake classification system to 
        provide comprehensive lake 
        descriptions.  This appropriation is 
        added to the base in fiscal year 2000 
        only. 
        $200,000 in fiscal year 1999 is to 
        identify lake watershed boundaries for 
        lakes greater than 100 acres in a 
        geographic information system format.  
        This appropriation is added to the base 
        in fiscal year 2000 only. 
        $150,000 in fiscal year 1999 is to 
        develop methodologies to assess the 
        cumulative effects of development on 
        lakes.  This appropriation is added to 
        the base in fiscal year 2000 only. 
        $100,000 in fiscal year 1999 is for a 
        grant to the Upper Swede Hollow 
        Association for improvements in and 
        around Swede Hollow Park.  The 
        appropriation must be used for 
        plantings, improvements to railway 
        trestles, trail repair, reconstruction 
        of the pond outlet, and other trail 
        improvements.  This is a one-time 
        appropriation. 
        $50,000 in fiscal year 1998 and $50,000 
        in fiscal year 1999 are for an 
        agreement with the University of 
        Minnesota College of Architecture and 
        Landscape Architecture to develop 
        environmental brownfields mitigation 
        strategies.  This is a one-time 
        appropriation. 
        The appropriation in Laws 1997, chapter 
        216, section 5, subdivision 4, for 
        grants to local community forest 
        ecosystem health programs is available 
        until June 30, 2000. 
        $25,000 in fiscal year 1999 is for 
        promotion and enhanced public awareness 
        of the RIM critical habitat license 
        plate program. 
        Sec. 5.  BOARD OF WATER AND 
        SOIL RESOURCES                           300,000    1,100,000   
        $200,000 in fiscal year 1998 is for a 
        grant to the Faribault county soil and 
        water conservation district for the 
        quad-lakes restoration project in 
        Faribault and Blue Earth counties and 
        is available until expended. 
        $1,000,000 in fiscal year 1999 is for 
        grants to soil and water conservation 
        districts for cost-sharing contracts 
        for water quality management on 
        feedlots.  Priority must be given to 
        feedlot operators who have received a 
        notice of violation and for feedlots in 
        counties that are conducting or have 
        completed a level 2 or level 3 feedlot 
        inventory. 
        $100,000 in fiscal year 1998 is for a 
        grant to the University of Minnesota 
        extension service to improve existing 
        Minnesota extension shoreland guidance 
        and other related guidebooks.  This is 
        a one-time appropriation, available 
        until expended. 
        $100,000 in fiscal year 1999 is for a 
        pilot grant program to soil and water 
        conservation districts for cost-sharing 
        contracts with landowners to establish 
        and maintain plantings of trees, 
        shrubs, and grass strips that are 
        native species of a local ecotype for 
        the primary purpose of controlling snow 
        deposition for the benefit of public 
        transportation.  The board, in 
        consultation with the Minnesota 
        Association of Soil and Water 
        Conservation Districts, shall select at 
        least five districts for participation 
        in the pilot program.  Up to 20 percent 
        of the appropriation may be used for 
        the technical and administrative 
        expenses of soil and water conservation 
        districts to implement this item.  The 
        board shall enter into grant agreements 
        to accomplish the transfer of funds to 
        soil and water conservation districts 
        and to establish guidelines to 
        implement this item.  Cost-sharing 
        contracts between soil and water 
        conservation districts and landowners 
        may provide for annual payments to 
        landowners for maintenance.  This 
        appropriation is available until spent. 
        Sec. 6.  AGRICULTURE                     310,000      2,169,000
        $110,000 in fiscal year 1998 and 
        $250,000 in fiscal year 1999 are for 
        expansion of efforts to prevent the 
        establishment and spread of gypsy moths 
        in Minnesota. 
        $25,000 in fiscal year 1998 and 
        $325,000 in fiscal year 1999 are for a 
        state meat inspection program. 
        $75,000 in fiscal year 1999 is for 
        additional matching funds for the WIC 
        coupon program. 
        $25,000 in fiscal year 1999 is for 
        additional livestock depredation 
        payments pursuant to Minnesota 
        Statutes, section 3.737. 
        $50,000 in fiscal year 1999 is added to 
        the appropriation in Laws 1997, chapter 
        216, section 7, subdivision 4, for 
        beaver damage control grants.  This is 
        a one-time appropriation. 
        Any unencumbered balance from the 
        appropriation in Laws 1997, chapter 
        216, section 7, subdivision 4, for 
        beaver damage control grants for the 
        first year of the biennium is available 
        for the second year of the biennium. 
        $100,000 in fiscal year 1998 is added 
        to the appropriation in Laws 1997, 
        chapter 216, section 7, subdivision 4, 
        to accomplish reform of the federal 
        milk market order system and for legal 
        actions opposing the Northeast Dairy 
        Compact.  This appropriation is 
        available until June 30, 1999. 
        $500,000 in fiscal year 1999 is added 
        to the appropriation for dairy 
        diagnostic teams in Laws 1997, chapter 
        216, section 7, subdivision 2, and is 
        added to the department's base. 
        $267,000 in fiscal year 1999 is for a 
        pilot program to expand the concept of 
        the Minnesota grown program.  The 
        program is to assist low-income 
        families in accessing nutritious and 
        affordable food and to promote economic 
        development by creating new markets and 
        food distribution systems.  $17,000 of 
        this appropriation is for costs of 
        administration.  $87,000 of this 
        appropriation is for payment to the 
        Sustainable Resources Center for the 
        purposes of this appropriation.  
        $163,000 of this appropriation is for 
        food coupons.  The coupons shall be 
        distributed and administered according 
        to this section, subject to the 
        approval of the commissioner of 
        agriculture.  The portion of this 
        appropriation to be included in the 
        department's base for fiscal year 2001 
        is $200,000, which may only be used for 
        food coupons. 
        The Sustainable Resources Center, in 
        conjunction with the Minnesota Food 
        Association, and subject to the 
        approval of the commissioner of 
        agriculture, shall select up to two 
        urban and up to two rural communities 
        as locations for activities that will 
        serve as models for sustainable 
        community food systems.  These 
        activities shall include but are not 
        limited to: 
        (1) conducting food system assessments 
        in each community to identify assets 
        and needs; 
        (2) supporting the creation of producer 
        distribution networks to establish 
        direct links to low-income consumers; 
        and 
        (3) working with food processing plants 
        in the selected community to develop 
        the support services needed to make 
        entry-level jobs accessible to 
        low-income people. 
        During each fiscal year beginning in 
        fiscal year 1999, the commissioner of 
        agriculture, within the funds 
        available, shall provide coupons to the 
        Sustainable Resources Center for 
        distribution to participating eligible 
        individuals.  The coupons must be 
        issued in two allocations each fiscal 
        year.  Eligible individuals may receive 
        up to $100 in coupons per year, subject 
        to the limitation that additional 
        eligible individuals who reside in the 
        same household may receive up to $20 in 
        coupons per year, up to a maximum of 
        $200 per household per year.  Eligible 
        individuals include individuals who are 
        residents of the communities in the 
        pilot project and are eligible for the 
        Minnesota grown coupons under this 
        section.  Eligible individuals include: 
        (1) individuals who are in a 
        state-verified income program; and 
        (2) individuals who are selected by the 
        Sustainable Resources Center based on 
        guidelines targeting specific 
        populations within the pilot 
        communities. 
        The amount of the Minnesota grown 
        coupons must be excluded as income 
        under the AFDC, refugee cash 
        assistance, general assistance, MFIP, 
        MFIP-R, MFIP-S, food stamp programs, 
        state housing subsidy programs, 
        low-income energy assistance programs, 
        and other programs that do not count 
        food stamps as income. 
        The coupons must be clearly labeled as 
        redeemable only for products licensed 
        to use the Minnesota grown logo or 
        labeling statement under Minnesota 
        Statutes, section 17.102.  Coupons may 
        be redeemed by farmers, custom meat 
        processors, community-supported 
        agriculture farms, and other entities 
        approved by the commissioner of 
        agriculture.  The person accepting the 
        coupon is responsible for its 
        redemption only on products licensed to 
        use the Minnesota grown logo or 
        labeling statement.  The commissioner 
        must receive and reimburse all valid 
        coupons redeemed pursuant to this 
        section. 
        The commissioner may establish criteria 
        for vendor eligibility and may enforce 
        the Minnesota grown coupon program 
        according to Minnesota Statutes, 
        sections 17.982 to 17.984. 
        $160,000 in fiscal year 1999 is for 
        value-added agricultural product 
        processing and marketing grants under 
        Minnesota Statutes, section 17.101, 
        subdivision 5.  This appropriation and 
        the appropriation in Laws 1997, chapter 
        216, section 7, subdivision 3, for 
        grants under Minnesota Statutes, 
        section 17.101, subdivision 5, are 
        available until June 30, 2001. 
        $125,000 in fiscal year 1999 is for a 
        grant to the Market Champ, Inc. board.  
        This is a one-time appropriation.* (The 
        preceding text beginning "$125,000 in 
        fiscal year 1999" was vetoed by the 
        governor.) 
        $25,000 in fiscal year 1999 is for the 
        Passing on the Farm Center established 
        in Minnesota Statutes, section 17.985.  
        This is a one-time appropriation. 
        $200,000 in fiscal year 1999 is to 
        expand the shared savings loan program 
        under Minnesota Statutes, section 
        17.115, to include a program of 
        revolving loans for demonstration 
        projects of farm manure digester 
        technology.  Notwithstanding the 
        limitations of Minnesota Statutes, 
        section 17.115, subdivision 2, 
        paragraphs (b) and (c), loans under 
        this program are no-interest loans in 
        principal amounts not to exceed 
        $200,000 and may be made to any 
        resident of this state.  Loans for one 
        or more projects must be made only 
        after the commissioner seeks 
        applications.  Loans under this program 
        may be used as a match for federal 
        loans or grants.  Money repaid from 
        loans must be returned to the revolving 
        fund for future projects.  This is a 
        one-time appropriation. 
        $50,000 in fiscal year 1998 is for a 
        grant to the University of Minnesota 
        for investigation, screening, and a 
        survey of existing research into the 
        design and development of low-cost 
        alternatives to pasteurization that 
        provide comparable bacteria count 
        reduction in fruit juice.  The 
        commissioner must report to the chair 
        of the house environment, natural 
        resources, and agriculture finance 
        committee and the chair of the senate 
        environment and agriculture budget 
        division by January 15, 1999, regarding 
        the results of the research and with a 
        recommendation for further action. 
        $25,000 in fiscal year 1998 is for a 
        grant to the University of Minnesota to 
        study factors associated with farms 
        that experience varying levels of 
        livestock depredation caused by timber 
        wolves.  The university shall make 
        recommendations to the commissioner to 
        assist in the development of best 
        management practices to prevent timber 
        wolf depredation on livestock farms.  
        This appropriation is available until 
        June 30, 1999. 
        $60,000 in fiscal year 1999 is for 
        payment of attorney general and other 
        costs of assisting local government 
        units in the process of adoption, 
        review, or modification of ordinances 
        relating to animal feedlots.  This 
        appropriation is available until June 
        30, 1999.* (The preceding text 
        beginning "$60,000 in fiscal year 1999" 
        was vetoed by the governor.) 
        $107,000 in fiscal year 1999 is for 
        development of the program under 
        Minnesota Statutes, section 18C.430.  
        This is a one-time appropriation. 
        As a condition of receiving state 
        funds, the ethanol production plant in 
        St. Paul must provide year-round public 
        access to the well that was publicly 
        accessible when the plant was a brewery.
        Sec. 7.  UNIVERSITY
        OF MINNESOTA                            -0-             292,000 
        For alternative and sustainable hog 
        production facilities and programs.  
        $125,000 of this appropriation is for a 
        grant to the Minnesota Institute for 
        Sustainable Agriculture to extend 
        funding for the Alternative Swine 
        Production Systems Task Force and 
        coordinator.  $30,000 of this 
        appropriation is for a grant to the 
        Minnesota Institute for Sustainable 
        Agriculture for alternative and 
        sustainable hog production programs and 
        program support, including on-farm 
        systems research.  $137,000 of this 
        appropriation is to establish a faculty 
        position in agricultural and community 
        sociology at the University of 
        Minnesota-Morris, focusing on the 
        sustainability of agricultural systems 
        and rural communities.  The position 
        shall be defined by the Alternative 
        Swine Production Systems Task Force.  
        This is a one-time appropriation. 
        Sec. 8.  BOARD OF ANIMAL HEALTH           30,000        160,000
        $30,000 in fiscal year 1998 and 
        $160,000 in fiscal year 1999 is for 
        expansion of the program for the 
        control of paratuberculosis ("Johne's 
        disease") in domestic bovine herds.  
        These appropriations are in addition to 
        the appropriations for the same 
        purposes in Laws 1997, chapter 216, 
        section 8. 
        Sec. 9.  ADMINISTRATION                    -0-           350,000
                                Summary by Fund
        General Fund              -0-            300,000
        Natural Resources Fund    -0-             50,000
        $50,000 is from the water recreation 
        account in the natural resources fund 
        for a study by a qualified consultant 
        to determine the actual percentage of 
        all gasoline received in and produced 
        or brought into the state, except 
        gasoline used for aviation purposes, 
        that is being used as fuel for 
        watercraft in this state.  The study 
        must include a determination of the 
        amount of gasoline consumed by vehicles 
        in the course of transporting 
        watercraft on the highways of this 
        state.  The commissioner shall consult 
        with the commissioners of revenue, 
        transportation, and natural resources 
        in preparing the request for proposals 
        for the study and in selecting the 
        consultant to perform the study.  The 
        commissioner shall report to the chairs 
        of the senate and house environment and 
        natural resources committees, the 
        senate environment and agriculture 
        budget division, the house environment, 
        natural resources, and agriculture 
        finance committee, the senate 
        transportation committee, and the house 
        transportation and transit committee on 
        the results of the study by February 1, 
        1999.  This is a one-time appropriation.
        $300,000 is for modifications of 
        department of natural resources 
        business systems to address year 2000 
        changes.  This appropriation is added 
        to the appropriation for technology 
        management in Laws 1997, chapter 202, 
        article 1, section 12, subdivision 7.  
        This is a one-time appropriation. 
        Sec. 10.  ETHANOL DEVELOPMENT  
        FUND TRANSFER                                                   
        As cash flow in the ethanol development 
        fund under Minnesota Statutes, section 
        41B.044, permits, but no later than 
        June 30, 1999, the commissioner of 
        finance, in consultation with the 
        commissioner of agriculture, shall 
        transfer $400,000 from the unencumbered 
        balance in the fund to the general 
        fund.  This transfer is in addition to 
        the transfer required by Laws 1997, 
        chapter 216, section 17. 
           Sec. 11.  Minnesota Statutes 1996, section 3.737, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [COMPENSATION REQUIRED.] (a) 
        Notwithstanding section 3.736, subdivision 3, paragraph (e), or 
        any other law, a livestock owner shall be compensated by the 
        commissioner of agriculture for livestock that is destroyed by a 
        timber wolf or is so crippled so by a timber wolf that it must 
        be destroyed by an animal classified as endangered under the 
        federal Endangered Species Act of 1973.  The owner is entitled 
        to the fair market value of the destroyed livestock, not to 
        exceed $400 $750 per animal destroyed, as determined by the 
        commissioner, upon recommendation of the county a university 
        extension agent for the owner's county and a conservation 
        officer.  
           (b) Either the agent or the conservation officer must make 
        a personal inspection of the site.  The agent or the 
        conservation officer must take into account factors in addition 
        to a visual identification of a carcass when making a 
        recommendation to the commissioner.  The commissioner, upon 
        recommendation of the agent and conservation officer, shall 
        determine whether the livestock was destroyed by an animal 
        described in this subdivision a timber wolf and any deficiencies 
        in the owner's adoption of the best management practices 
        developed in subdivision 5.  The commissioner may authorize 
        payment of claims only if the agent and the conservation officer 
        have recommended payment.  The owner shall file a claim on forms 
        provided by the commissioner and available at the county 
        university extension agent's office. 
           Sec. 12.  Minnesota Statutes 1996, section 3.737, 
        subdivision 4, is amended to read: 
           Subd. 4.  [PAYMENT, DENIAL OF COMPENSATION.] (a) If the 
        commissioner finds that the livestock owner has shown that the 
        loss of the livestock was likely caused more probably than not 
        by an animal classified as an endangered species a timber wolf, 
        the commissioner shall pay compensation as provided in this 
        section and in the rules of the department.  
           (b) For a timber wolf depredation claim submitted by a 
        livestock owner after September 1, 1999, the commissioner shall, 
        based on the report from the university extension agent and 
        conservation officer, evaluate the claim for conformance with 
        the best management practices developed by the commissioner in 
        subdivision 5.  The commissioner must provide to the livestock 
        owner an itemized list of any deficiencies in the livestock 
        owner's adoption of best management practices that were noted in 
        the university extension agent's or conservation officer's 
        report. 
           (c) If the commissioner denies compensation claimed by an 
        owner under this section, the commissioner shall issue a written 
        decision based upon the available evidence.  It shall include 
        specification of the facts upon which the decision is based and 
        the conclusions on the material issues of the claim.  A copy of 
        the decision shall be mailed to the owner.  
           (d) A decision to deny compensation claimed under this 
        section is not subject to the contested case review procedures 
        of chapter 14, but may be reviewed upon a trial de novo in a 
        court in the county where the loss occurred.  The decision of 
        the court may be appealed as in other civil cases.  Review in 
        court may be obtained by filing a petition for review with the 
        administrator of the court within 60 days following receipt of a 
        decision under this section.  Upon the filing of a petition, the 
        administrator shall mail a copy to the commissioner and set a 
        time for hearing within 90 days of the filing.  
           Sec. 13.  Minnesota Statutes 1996, section 3.737, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [TIMBER WOLF BEST MANAGEMENT PRACTICES.] By 
        September 1, 1999, the commissioner must develop best management 
        practices to prevent timber wolf depredation on livestock 
        farms.  The commissioner shall periodically update the best 
        management practices when new practices are found by the 
        commissioner to prevent timber wolf depredation on livestock 
        farms.  The commissioner must provide an updated copy of the 
        best management practices for timber wolf depredation to all 
        livestock owners who are still engaged in livestock farming and 
        have previously submitted livestock claims under this section. 
           Sec. 14.  Minnesota Statutes 1997 Supplement, section 
        17.101, subdivision 5, is amended to read: 
           Subd. 5.  [VALUE-ADDED AGRICULTURAL LIVESTOCK PRODUCT 
        PROCESSING AND MARKETING GRANT PROGRAM.] (a) For purposes of 
        this section,: 
           (1) "livestock or dairy agricultural commodity" means a 
        material produced for use in or as food, feed, seed, or fiber 
        and includes crops for fiber, food, oilseeds, seeds, livestock, 
        livestock products, dairy, dairy products, poultry, poultry 
        products, and other products or by-products of the farm produced 
        for the same or similar use, except ethanol; and 
           (2) "agricultural product processing facility" means land, 
        buildings, structures, fixtures, and improvements located or to 
        be located in Minnesota and used or operated primarily for the 
        processing or production of marketable products from 
        agricultural livestock or dairy commodities produced in 
        Minnesota.  
           (b) The commissioner shall establish and implement a 
        value-added agricultural livestock and dairy product processing 
        and marketing grant program to help farmers finance new 
        cooperatives that organize for the purposes of 
        operating livestock and dairy agricultural product processing 
        facilities and for marketing activities related to the sale and 
        distribution of processed livestock and dairy agricultural 
        products.  
           (c) To be eligible for this program a grantee must:  
           (1) be a cooperative organized under chapter 308A; 
           (2) certify that all of the control and equity in the 
        cooperative is from farmers as defined in section 500.24, 
        subdivision 2, who are actively engaged in livestock or dairy 
        agricultural commodity production; 
           (3) be operated primarily for the processing of livestock 
        or dairy agricultural commodities produced in Minnesota; 
           (4) receive livestock or dairy agricultural commodities 
        produced primarily by shareholders or members of the 
        cooperative; and 
           (5) have no direct or indirect involvement in the 
        production of livestock and dairy agricultural commodities.  
           (d) The commissioner may receive applications from and make 
        grants up to $50,000 for feasibility, marketing analysis, and 
        predesign of facilities to eligible cooperatives.  The 
        commissioner shall give priority to applicants who use the 
        grants for planning costs related to an application for 
        financial assistance from the United States Department of 
        Agriculture, Rural Business - Cooperative Service. 
           Sec. 15.  [17.987] [MARKET CHAMP, INC; ACCESS TO QUALITY 
        GENETICS BY FAMILY FARMERS.] 
           Subdivision 1.  [ESTABLISHMENT; PURPOSE.] Market Champ, 
        Inc. is established as a nonprofit public corporation under 
        chapter 317A and is subject to the provisions of that chapter. 
        The corporation is neither a state agency nor an entity within 
        the University of Minnesota.  The purpose of the corporation is 
        to transfer high quality swine genetic material from the 
        University of Minnesota to the family farmers of the state in 
        order to enhance the state's economic growth and the 
        competitiveness of family farmers.  Market Champ, Inc. shall 
        assist Minnesota swine producers in understanding genetic 
        technologies and developing improved animal genetic lines. 
           Subd. 2.  [DUTIES.] Market Champ, Inc. shall: 
           (1) encourage family farmers to use the highest quality 
        swine genetics; 
           (2) facilitate the transfer of the latest swine genetic 
        research and technology information and materials from the 
        University of Minnesota and other sources to family farmers; 
           (3) assist family farmers to market the swine they produce; 
           (4) develop a system for tracking family farmers' products 
        through the processing, meat packing, and marketing system to 
        determine the market value of the genetic technology; 
           (5) provide genetic testing, counseling, and assistance in 
        genetic decisions to identify new market developments and 
        capture value-added opportunities; 
           (6) provide centralized testing services with regional 
        technology transfer specialists; 
           (7) secure access to new genetic tests and services for all 
        Minnesota producers through licensing agreements; and 
           (8) assist family farmers who do not otherwise have access 
        to high quality genetic technologies. 
           Subd. 3.  [BOARD OF DIRECTORS.] (a) Market Champ, Inc. 
        shall be governed by a board of directors consisting of 11 
        voting members, appointed by the governor. 
           (b) The members of the board shall be: 
           (1) two representatives of small family farmers with under 
        250 sows; 
           (2) one representative of purebred swine producers; 
           (3) one member of the Minnesota Pork Producers Association; 
           (4) one representative of the pork industry; 
           (5) one member of the meat packing industry; 
           (6) one member representing the University of Minnesota; 
           (7) one member representing Minnesota state colleges and 
        universities; 
           (8) the commissioner of agriculture; 
           (9) the chair of the senate committee on agriculture and 
        rural development, or the chair's designee; and 
           (10) the chair of the house committee on agriculture, or 
        the chair's designee. 
        Members listed in clauses (1) to (5) must be recommended by the 
        president of the University of Minnesota or a designee of the 
        president, in consultation with the chairs of the senate and 
        house of representatives committees with jurisdiction over 
        agricultural policy and finance issues. 
           (c) Meetings of the board are subject to section 471.705. 
           (d) Members of the board shall be compensated and 
        reimbursed in the same manner as members of advisory councils 
        under section 15.059, subdivision 3. 
           Subd. 4.  [BYLAWS.] Bylaws of Market Champ, Inc. must 
        provide for the qualification and removal of directors and for 
        filling vacancies on the board in a manner not inconsistent with 
        this section. 
           Subd. 5.  [ARTICLES OF INCORPORATION.] The articles of 
        incorporation of Market Champ, Inc. must be filed with the 
        secretary of state under chapter 317A and must be consistent 
        with this section. 
           Subd. 6.  [AUDIT.] Market Champ, Inc. shall contract with 
        the legislative auditor to perform audits and must report the 
        results to the legislature. 
           Subd. 7.  [REPORT.] The board of directors of Market Champ, 
        Inc. shall submit an annual report on the activities of Market 
        Champ, Inc. by January 15 of each year to the appropriations, 
        finance, and agriculture committees of the legislature and to 
        the governor.  The report must include a description of the 
        corporation's activities for the past year, a list of all 
        contracts entered into by the corporation, and a financial 
        report of revenues and expenditures of the corporation. 
           Subd. 8.  [EXPIRATION.] The board of directors of Market 
        Champ, Inc. expires on June 30, 2003. 
           Sec. 16.  Minnesota Statutes 1996, section 18C.141, is 
        amended to read: 
           18C.141 [SOIL AND MANURE TESTING LABORATORY CERTIFICATION.] 
           Subdivision 1.  [PROGRAM ESTABLISHMENT.] The commissioner 
        shall establish a program to certify the accuracy of analyses 
        from soil and manure testing laboratories and promote 
        standardization of soil and manure testing procedures and 
        analytical results.  
           Subd. 2.  [CHECK SAMPLE SYSTEM.] (a) The commissioner shall 
        institute a system of check samples that requires a laboratory 
        to be certified to analyze at least four two multiple soil or 
        manure check samples during the calendar year.  The samples must 
        be supplied by the commissioner or by a person under contract 
        with the commissioner to prepare and distribute the samples.  
           (b) Within 30 days after the laboratory receives check 
        samples, the laboratory shall report to the commissioner the 
        results of the analyses for all requested elements or compounds 
        or for the elements or compounds the laboratory makes an 
        analytical determination of as a service to others.  
           (c) The commissioner shall compile analytical data 
        submitted by laboratories and provide laboratories submitting 
        samples with a copy of the data without laboratory names or code 
        numbers. 
           (d) The commissioner may conduct check samples on 
        laboratories that are not certified. 
           Subd. 3.  [ANALYSES REPORTING STANDARDS.] (a) The results 
        obtained from soil, manure, or plant analysis must be reported 
        in accordance with standard reporting units established by the 
        commissioner by rule.  The standard reporting units must conform 
        as far as practical to uniform standards that are adopted on a 
        regional or national basis. 
           (b) If a certified laboratory offers a recommendation, the 
        University of Minnesota recommendation or that of another land 
        grant college in a contiguous state must be offered in addition 
        to other recommendations, and the source of the recommendation 
        must be identified on the recommendation form.  If relative 
        levels such as low, medium, or high are presented to classify 
        the analytical results, the corresponding relative levels based 
        on the analysis as designated by the University of Minnesota or 
        the land grant college in a contiguous state must also be 
        presented. 
           Subd. 4.  [REVOCATION OF CERTIFICATION.] If the 
        commissioner determines that analysis being performed by a 
        laboratory is inaccurate as evidenced by check sample results, 
        the commissioner may deny, suspend, or revoke certification. 
           Subd. 5.  [CERTIFICATION FEES.] (a) A laboratory applying 
        for certification shall pay an application fee of $100 and a 
        certification fee of $100 before the certification is issued.  
           (b) Certification is valid for one year and the renewal fee 
        is $100.  The commissioner shall charge an additional 
        application fee of $100 if a certified laboratory allows 
        certification to lapse before applying for renewed certification.
           (c) The commissioner shall notify a certified lab that its 
        certification lapses within 30 to 60 days of the date when the 
        certification lapses. 
           Subd. 6.  [RULES.] The commissioner shall adopt rules for 
        the establishment of minimum standards for laboratories, 
        equipment, procedures, and personnel used in soil and manure 
        analysis and rules necessary to administer and enforce this 
        section.  The commissioner shall consult with representatives of 
        the fertilizer industry, representatives of the laboratories 
        doing business in this state, and with the University of 
        Minnesota college of agriculture before proposing rules. 
           Sec. 17.  [18C.430] [COMMERCIAL ANIMAL WASTE TECHNICIAN.] 
           Subdivision 1.  [REQUIREMENT.] (a) Except as provided in 
        paragraph (c), after March 1, 2000, a person may not manage or 
        apply animal wastes for hire without a valid commercial animal 
        waste technician license.  This section does not apply to a 
        person managing or applying animal waste on land managed by the 
        person's employer.  
           (b) A person managing or applying animal wastes for hire 
        must have a valid license identification card when managing or 
        applying animal wastes for hire and must display it upon demand 
        by an authorized representative of the commissioner or a law 
        enforcement officer.  The commissioner shall prescribe the 
        information required on the license identification card.  
           (c) A person who is not a licensed commercial animal waste 
        technician who has had at least two hours of training or 
        experience in animal waste management may manage or apply animal 
        waste for hire under the supervision of a commercial animal 
        waste technician. 
           Subd. 2.  [RESPONSIBILITY.] A person required to be 
        licensed under this section who performs animal waste management 
        or application for hire or who employs a person to perform 
        animal waste management or application for compensation is 
        responsible for proper management or application of the animal 
        wastes. 
           Subd. 3.  [LICENSE.] A commercial animal waste technician 
        license: 
           (1) is valid for three years and expires on December 31 of 
        the third year for which it is issued, unless suspended or 
        revoked before that date; 
           (2) is not transferable to another person; and 
           (3) must be prominently displayed to the public in the 
        commercial animal waste technician's place of business. 
           Subd. 4.  [APPLICATION.] (a) A person must apply to the 
        commissioner for a commercial animal waste technician license on 
        forms and in the manner required by the commissioner and must 
        include the application fee.  The commissioner shall prescribe 
        and administer an examination or equivalent measure to determine 
        if the applicant is eligible for the commercial animal waste 
        technician license. 
           (b) The commissioner of agriculture, in cooperation with 
        the Minnesota extension service and appropriate educational 
        institutions, shall establish and implement a program for 
        training and licensing commercial animal waste technicians.  
           Subd. 5.  [RENEWAL APPLICATION.] A person must apply to the 
        commissioner of agriculture to renew a commercial animal waste 
        technician license and must include the application fee.  The 
        commissioner may renew a commercial animal waste technician 
        license, subject to reexamination, attendance at workshops 
        approved by the commissioner, or other requirements imposed by 
        the commissioner to provide the animal waste technician with 
        information regarding changing technology and to help ensure a 
        continuing level of competence and ability to manage and apply 
        animal wastes properly.  The applicant may renew a commercial 
        animal waste technician license within 12 months after 
        expiration of the license without having to meet initial testing 
        requirements.  The commissioner may require additional 
        demonstration of animal waste technician qualification if a 
        person has had a license suspended or revoked or has had a 
        history of violations of this section. 
           Subd. 6.  [FINANCIAL RESPONSIBILITY.] (a) A commercial 
        animal waste technician license may not be issued unless the 
        applicant furnishes proof of financial responsibility.  The 
        financial responsibility may be demonstrated by (1) proof of net 
        assets equal to or greater than $50,000, or (2) a performance 
        bond or insurance of the kind and in an amount determined by the 
        commissioner of agriculture. 
           (b) The bond or insurance must cover a period of time at 
        least equal to the term of the applicant's license.  The 
        commissioner shall immediately suspend the license of a person 
        who fails to maintain the required bond or insurance.  
           (c) An employee of a licensed person is not required to 
        maintain an insurance policy or bond during the time the 
        employer is maintaining the required insurance or bond. 
           (d) Applications for reinstatement of a license suspended 
        under paragraph (b) must be accompanied by proof of satisfaction 
        of judgments previously rendered.  
           Subd. 7.  [APPLICATION FEE.] A person initially applying 
        for or renewing a commercial animal waste technician license 
        must pay a nonrefundable application fee of $50 and a fee of $10 
        for each additional identification card requested. 
           Sec. 18.  Minnesota Statutes 1996, section 35.82, 
        subdivision 2, is amended to read: 
           Subd. 2.  [DISPOSITION OF CARCASSES.] (a) Except as 
        provided in subdivision 1b and paragraph (d), every person 
        owning or controlling any domestic animal that has died or been 
        killed otherwise than by being slaughtered for human or animal 
        consumption, shall as soon as reasonably possible bury the 
        carcass at least three feet deep at a depth adequate to prevent 
        scavenging by other animals in the ground or thoroughly burn it 
        or dispose of it by another method approved by the board as 
        being effective for the protection of public health and the 
        control of livestock diseases.  The board, through its executive 
        secretary, may issue permits to owners of rendering plants 
        located in Minnesota which are operated and conducted as 
        required by law, to transport carcasses of domestic animals and 
        fowl that have died, or have been killed otherwise than by being 
        slaughtered for human or animal consumption, over the public 
        highways to their plants for rendering purposes in accordance 
        with the rules adopted by the board relative to transportation, 
        rendering, and other provisions the board considers necessary to 
        prevent the spread of disease.  The board may issue permits to 
        owners of rendering plants located in an adjacent state with 
        which a reciprocal agreement is in effect under subdivision 3. 
           (b) Carcasses collected by rendering plants under permit 
        may be used for pet food or mink food if the owner or operator 
        meets the requirements of subdivision 1b. 
           (c) An authorized employee or agent of the board may enter 
        private or public property and inspect the carcass of any 
        domestic animal that has died or has been killed other than by 
        being slaughtered for human or animal consumption.  Failure to 
        dispose of the carcass of any domestic animal within the period 
        specified by this subdivision is a public nuisance.  The board 
        may petition the district court of the county in which a carcass 
        is located for a writ requiring the abatement of the public 
        nuisance.  A civil action commenced under this paragraph does 
        not preclude a criminal prosecution under this section.  No 
        person may sell, offer to sell, give away, or convey along a 
        public road or on land the person does not own, the carcass of a 
        domestic animal when the animal died or was killed other than by 
        being slaughtered for human or animal consumption unless it is 
        done with a special permit pursuant to this section.  The 
        carcass or parts of a domestic animal that has died or has been 
        killed other than by being slaughtered for human or animal 
        consumption may be transported along a public road for a medical 
        or scientific purpose if the carcass is enclosed in a leakproof 
        container to prevent spillage or the dripping of liquid waste.  
        The board may adopt rules relative to the transportation of the 
        carcass of any domestic animal for a medical or scientific 
        purpose.  A carcass on a public thoroughfare may be transported 
        for burial or other disposition in accordance with this section. 
           No person who owns or controls diseased animals shall 
        negligently or willfully permit them to escape from that control 
        or to run at large. 
           (d) A sheep producer may compost sheep carcasses owned by 
        the producer on the producer's land without a permit and is 
        exempt from compost facility specifications contained in rules 
        of the board. 
           (e) The board shall develop best management practices for 
        dead animal disposal and the pollution control agency feedlot 
        program shall distribute them to livestock producers in the 
        state. 
           Sec. 19.  Minnesota Statutes 1996, section 41A.09, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [ETHANOL PRODUCTION GOAL.] It is a goal of the 
        state that ethanol production plants in the state attain a total 
        annual production level of 220,000,000 240,000,000 gallons.  
           Sec. 20.  Minnesota Statutes 1997 Supplement, section 
        41A.09, subdivision 3a, is amended to read: 
           Subd. 3a.  [PAYMENTS.] (a) The commissioner of agriculture 
        shall make cash payments to producers of ethanol, anhydrous 
        alcohol, and wet alcohol located in the state.  These payments 
        shall apply only to ethanol, anhydrous alcohol, and wet alcohol 
        fermented in the state and produced at plants that have begun 
        production by June 30, 2000.  For the purpose of this 
        subdivision, an entity that holds a controlling interest in more 
        than one ethanol plant is considered a single producer.  The 
        amount of the payment for each producer's annual production is: 
           (1) except as provided in paragraph (b), for each gallon of 
        ethanol or anhydrous alcohol produced on or before June 30, 
        2000, or ten years after the start of production, whichever is 
        later, 20 cents per gallon; and 
           (2) for each gallon produced of wet alcohol on or before 
        June 30, 2000, or ten years after the start of production, 
        whichever is later, a payment in cents per gallon calculated by 
        the formula "alcohol purity in percent divided by five," and 
        rounded to the nearest cent per gallon, but not less than 11 
        cents per gallon. 
           The producer payments for anhydrous alcohol and wet alcohol 
        under this section may be paid to either the original producer 
        of anhydrous alcohol or wet alcohol or the secondary processor, 
        at the option of the original producer, but not to both. 
           (b) If the level of production at an ethanol plant 
        increases due to an increase in the production capacity of the 
        plant and the increased production begins by June 30, 2000, the 
        payment under paragraph (a), clause (1), applies to the 
        additional increment of production until ten years after the 
        increased production began.  Once a plant's production capacity 
        reaches 15,000,000 gallons per year, no additional increment 
        will qualify for the payment. 
           (c) The commissioner shall make payments to producers of 
        ethanol or wet alcohol in the amount of 1.5 cents for each 
        kilowatt hour of electricity generated using closed-loop biomass 
        in a cogeneration facility at an ethanol plant located in the 
        state.  Payments under this paragraph shall be made only for 
        electricity generated at cogeneration facilities that begin 
        operation by June 30, 2000.  The payments apply to electricity 
        generated on or before the date ten years after the producer 
        first qualifies for payment under this paragraph.  Total 
        payments under this paragraph in any fiscal year may not exceed 
        $750,000.  For the purposes of this paragraph: 
           (1) "closed-loop biomass" means any organic material from a 
        plant that is planted for the purpose of being used to generate 
        electricity or for multiple purposes that include being used to 
        generate electricity; and 
           (2) "cogeneration" means the combined generation of: 
           (i) electrical or mechanical power; and 
           (ii) steam or forms of useful energy, such as heat, that 
        are used for industrial, commercial, heating, or cooling 
        purposes. 
           (d) Except for new production capacity approved under 
        paragraph (i), clause (1), the total payments under paragraphs 
        (a) and (b) to all producers may not exceed $34,000,000 in a 
        fiscal year.  Total payments under paragraphs (a) and (b) to a 
        producer in a fiscal year may not exceed $3,000,000. 
           (e) By the last day of October, January, April, and July, 
        each producer shall file a claim for payment for ethanol, 
        anhydrous alcohol, and wet alcohol production during the 
        preceding three calendar months.  A producer with more than one 
        plant shall file a separate claim for each plant.  A producer 
        shall file a separate claim for the original production capacity 
        of each plant and for each additional increment of production 
        that qualifies under paragraph (b).  A producer that files a 
        claim under this subdivision shall include a statement of the 
        producer's total ethanol, anhydrous alcohol, and wet alcohol 
        production in Minnesota during the quarter covered by the claim, 
        including anhydrous alcohol and wet alcohol produced or received 
        from an outside source.  A producer shall file a separate claim 
        for any amount claimed under paragraph (c).  For each claim and 
        statement of total ethanol, anhydrous alcohol, and wet alcohol 
        production filed under this subdivision, the volume of ethanol, 
        anhydrous alcohol, and wet alcohol production or amounts of 
        electricity generated using closed-loop biomass must be examined 
        by an independent certified public accountant in accordance with 
        standards established by the American Institute of Certified 
        Public Accountants. 
           (f) Payments shall be made November 15, February 15, May 
        15, and August 15.  A separate payment shall be made for each 
        claim filed.  The total quarterly payment to a producer under 
        this paragraph, excluding amounts paid under paragraph (c), may 
        not exceed $750,000.  Except for new production capacity 
        approved under paragraph (i), clause (1), if the total amount 
        for which all other producers are eligible in a quarter under 
        paragraphs (a) and (b) exceeds $8,500,000, the commissioner 
        shall make payments for production capacity that is subject to 
        this restriction in the order in which the portion of production 
        capacity covered by each claim went into production.  If the 
        total amount of ethanol or wet alcohol production reported for a 
        quarter under paragraph (e) equals or exceeds 55,000,000 gallons:
           (1) payments under this subdivision do not apply to the 
        amount produced in excess of 55,000,000 gallons; 
           (2) the commissioner shall make payments to producers in 
        the order in which the portion of production capacity covered by 
        each claim began production; and 
           (3) only those producers that receive payments for the 
        quarter, or received payments under paragraph (a) or (b) in an 
        earlier quarter, will be eligible for future ethanol or wet 
        alcohol production payments under this subdivision.  
           (g) If the total amount for which all producers are 
        eligible in a quarter under paragraph (c) exceeds the amount 
        available for payments, the commissioner shall make payments in 
        the order in which the plants covered by the claims began 
        generating electricity using closed-loop biomass. 
           (h) After July 1, 1997, new production capacity is only 
        eligible for payment under this subdivision if the commissioner 
        receives: 
           (1) an application for approval of the new production 
        capacity; 
           (2) an appropriate letter of long-term financial commitment 
        for construction of the new production capacity; and 
           (3) copies of all necessary permits for construction of the 
        new production capacity. 
           The commissioner may approve the additional new production 
        capacity based on the order in which the applications are 
        received.  The commissioner shall not approve production 
        capacity in excess of the limitations in paragraph (f).  
           (i) After the effective date of this section, the 
        commissioner may only approve:  (1) up to 12,000,000 gallons of 
        new production capacity at one plant that has not previously 
        received approval or payment for any production capacity; or (2) 
        new production capacity at existing plants are not eligible for 
        new capacity beyond not to exceed planned expansions reported to 
        the commissioner by February 1997.  The commissioner may not 
        approve any new production capacity after July 1, 1998.  
           (j) For the purposes of this subdivision "new production 
        capacity" means annual ethanol production capacity that was not 
        allowed under a permit issued by the pollution control agency 
        prior to July 1, 1997, or for which construction did not begin 
        prior to July 1, 1997. 
           Sec. 21.  Minnesota Statutes 1997 Supplement, section 
        84.8205, is amended to read: 
           84.8205 [SNOWMOBILE STATE TRAIL PERMIT STICKER.] 
           Subdivision 1.  [STICKER REQUIRED; FEE.] A person may not 
        operate a snowmobile that is not registered in this state may 
        not be operated on a state or grant-in-aid snowmobile trail 
        unless a snowmobile state trail sticker is affixed to the 
        snowmobile operator has in possession a snowmobile state trail 
        permit.  The commissioner of natural resources shall issue a 
        permit sticker upon application and payment of a $15 fee.  The 
        permit sticker is valid from November 1 through April 30.  Fees 
        collected under this section shall be deposited in the state 
        treasury and credited to the snowmobile trails and enforcement 
        account in the natural resources fund. 
           Subd. 2.  [PLACEMENT OF STICKER.] The state trail sticker 
        shall be permanently affixed to the forward half of the 
        snowmobile directly above or below the headlight of the 
        snowmobile. 
           Subd. 3.  [LICENSE AGENTS.] County auditors are appointed 
        agents of the commissioner for the sale of snowmobile state 
        trail stickers.  The commissioner may appoint other state 
        agencies as agents for the sale of the stickers.  A county 
        auditor may appoint subagents within the county or within 
        adjacent counties to sell stickers.  Upon appointment of a 
        subagent, the auditor shall notify the commissioner of the name 
        and address of the subagent.  The auditor may revoke the 
        appointment of a subagent, and the commissioner may revoke the 
        appointment of a state agency at any time.  The commissioner may 
        require an auditor to revoke a subagent's appointment.  The 
        auditor shall furnish stickers on consignment to any subagent 
        who furnishes a surety bond in favor of the county in an amount 
        at least equal to the value of the stickers to be consigned to 
        that subagent.  A surety bond is not required for a state agency 
        appointed by the commissioner.  The county auditor shall be 
        responsible for all stickers issued to and user fees received by 
        agents except in a county where the county auditor does not 
        retain fees paid for license purposes.  In these counties, the 
        responsibilities imposed by this section upon the county auditor 
        are imposed upon the county.  The commissioner may promulgate 
        additional rules governing the accounting and procedures for 
        handling state trail stickers as provided in section 97A.485, 
        subdivision 11. 
           Any resident desiring to sell snowmobile state trail 
        stickers may either purchase for cash or obtain on consignment 
        stickers from a county auditor in groups of not less than ten 
        individual stickers.  In selling stickers, the resident shall be 
        deemed a subagent of the county auditor and the commissioner, 
        and shall observe all rules promulgated by the commissioner for 
        accounting and handling of licenses and stickers pursuant to 
        section 97A.485, subdivision 11. 
           The county auditor shall promptly deposit all money 
        received from the sale of the stickers with the county treasurer 
        and shall promptly transmit any reports required by the 
        commissioner, plus 96 percent of the price paid by each 
        stickerholder, exclusive of the issuing fee, for each sticker 
        sold or consigned by the auditor and subsequently sold to a 
        stickerholder during the accounting period.  The county auditor 
        shall retain as a commission four percent of all sticker fees, 
        excluding the issuing fee for stickers consigned to subagents 
        and the issuing fee on stickers sold by the auditor to 
        stickerholders. 
           Unsold stickers in the hands of any subagent shall be 
        redeemed by the commissioner if presented for redemption within 
        the time prescribed by the commissioner.  Any stickers not 
        presented for redemption within the period prescribed shall be 
        conclusively presumed to have been sold, and the subagent 
        possessing the same or to whom they are charged shall be 
        accountable. 
           Subd. 4.  [DISTRIBUTION OF STICKERS.] The commissioner 
        shall provide stickers to all agents authorized to issue 
        stickers by the commissioner. 
           Subd. 5.  [AGENT'S FEE.] The fee for a sticker shall be 
        increased by the amount of an issuing fee of $1 per sticker.  
        The issuing fee may be retained by the seller of the sticker.  
           Sec. 22.  Minnesota Statutes 1997 Supplement, section 
        84.86, subdivision 1, is amended to read: 
           Subdivision 1.  With a view of achieving maximum use of 
        snowmobiles consistent with protection of the environment the 
        commissioner of natural resources shall adopt rules in the 
        manner provided by chapter 14, for the following purposes: 
           (1) Registration of snowmobiles and display of registration 
        numbers. 
           (2) Use of snowmobiles insofar as game and fish resources 
        are affected. 
           (3) Use of snowmobiles on public lands and waters, or on 
        grant-in-aid trails, including, but not limited to, the use of 
        specified metal traction devices and nonmetal traction devices. 
           (4) Uniform signs to be used by the state, counties, and 
        cities, which are necessary or desirable to control, direct, or 
        regulate the operation and use of snowmobiles. 
           (5) Specifications relating to snowmobile mufflers. 
           (6) A comprehensive snowmobile information and safety 
        education and training program, including but not limited to the 
        preparation and dissemination of snowmobile information and 
        safety advice to the public, the training of snowmobile 
        operators, and the issuance of snowmobile safety certificates to 
        snowmobile operators who successfully complete the snowmobile 
        safety education and training course.  For the purpose of 
        administering such program and to defray a portion of the 
        expenses of training and certifying snowmobile operators, the 
        commissioner shall collect a fee of not to exceed $5 from each 
        person who receives the youth and young adult training and a fee 
        established under chapter 16A from each person who receives the 
        adult training.  The commissioner shall deposit the fee in the 
        snowmobile trails and enforcement account and the amount thereof 
        is appropriated annually to the commissioner of natural 
        resources for the administration of such programs.  The 
        commissioner shall cooperate with private organizations and 
        associations, private and public corporations, and local 
        governmental units in furtherance of the program established 
        under this clause.  The commissioner shall consult with the 
        commissioner of public safety in regard to training program 
        subject matter and performance testing that leads to the 
        certification of snowmobile operators. 
           (7) The operator of any snowmobile involved in an accident 
        resulting in injury requiring medical attention or 
        hospitalization to or death of any person or total damage to an 
        extent of $500 or more, shall forward a written report of the 
        accident to the commissioner on such form as the commissioner 
        shall prescribe.  If the operator is killed or is unable to file 
        a report due to incapacitation, any peace officer investigating 
        the accident shall file the accident report within ten business 
        days. 
           Sec. 23.  Minnesota Statutes 1996, section 84.871, is 
        amended to read: 
           84.871 [MUFFLERS EQUIPMENT REQUIREMENTS.] 
           Subdivision 1.  [MUFFLERS.] Except as provided in this 
        section, every snowmobile shall be equipped at all times with a 
        muffler in good working order which blends the exhaust noise 
        into the overall snowmobile noise and is in constant operation 
        to prevent excessive or unusual noise.  The exhaust system shall 
        not emit or produce a sharp popping or crackling sound.  This 
        section does not apply to organized races or similar competitive 
        events held on (1) private lands, with the permission of the 
        owner, lessee, or custodian of the land; (2) public lands and 
        water under the jurisdiction of the commissioner of natural 
        resources, with the commissioner's permission; or (3) other 
        public lands, with the consent of the public agency owning the 
        land.  No person shall have for sale, sell, or offer for sale on 
        any new snowmobile any muffler that fails to comply with the 
        specifications required by the rules of the commissioner after 
        the effective date of the rules.  
           Subd. 2.  [METAL TRACTION DEVICES ON SNOWMOBILE 
        TRACKS.] Except as provided in this subdivision, a person may 
        not operate a snowmobile with a track equipped with metal 
        traction devices on public lands, roads, or trails, or public 
        road or trail rights-of-way.  Pursuant to section 84.86, the 
        commissioner may adopt rules that:  (1) limit the use of 
        nonmetal traction devices; and (2) permit metal traction devices 
        that meet certain specifications. 
           Sec. 24.  [84.8715] [METAL TRACTION DEVICE STICKER.] 
           Subdivision 1.  [STICKER REQUIRED; FEE.] A person may not 
        operate a snowmobile with a track equipped with metal traction 
        devices unless a metal traction device sticker is affixed to the 
        snowmobile.  The commissioner shall issue a metal traction 
        device sticker upon application and payment of a $50 fee.  The 
        sticker is valid for one year following June 30 in the year it 
        is issued.  Fees collected under this section shall be deposited 
        in the state treasury and credited to the snowmobile trails and 
        enforcement account in the natural resources fund.  Money 
        deposited under this section must be used for repair of paved 
        public trails except that any money not necessary for this 
        purpose may be used for the grant-in-aid snowmobile trail system.
           Subd. 2.  [PLACEMENT OF STICKER.] The metal traction device 
        sticker must be permanently affixed to the forward half of the 
        snowmobile directly above or below the headlight of the 
        snowmobile. 
           Subd. 3.  [LICENSE AGENTS.] The commissioner shall sell 
        metal traction device stickers through the process established 
        under section 84.8205. 
           Subd. 4.  [REPEALER.] This section is repealed on July 1, 
        1999. 
           Sec. 25.  Minnesota Statutes 1997 Supplement, section 
        85.015, subdivision 1c, is amended to read: 
           Subd. 1c.  [METAL TRACTION DEVICES; PROHIBITION ON PAVED 
        TRAILS.] A person may not use a snowmobile with metal traction 
        devices on any paved state public trail, except as otherwise 
        provided by a local government with jurisdiction over a trail. 
           Sec. 26.  [85.0156] [MISSISSIPPI WHITEWATER TRAIL.] 
           Subdivision 1.  [CREATION.] An urban whitewater trail is 
        created along the Mississippi river in the lower St. Anthony 
        falls area below the stone arch bridge in Minneapolis.  The 
        trail must be primarily developed for whitewater rafters, 
        canoers, and kayakers. 
           Subd. 2.  [COMMISSIONER'S DUTIES.] (a) The commissioner of 
        natural resources must coordinate the creation of the whitewater 
        trail by placing designation signs near and along the river and 
        must publicize the designation. 
           (b) In designating the Mississippi whitewater trail, the 
        commissioner must work with other federal, state, and local 
        agencies and private businesses and organizations interested in 
        the trail. 
           Subd. 3.  [GIFTS; DONATIONS.] The commissioner of natural 
        resources is authorized to accept, on behalf of a nonprofit 
        corporation, donations of land or easements in land for the 
        whitewater trail and may seek and accept money for the trail 
        from other public and private sources. 
           Sec. 27.  Minnesota Statutes 1996, section 86B.101, 
        subdivision 2, is amended to read: 
           Subd. 2.  [YOUTH WATERCRAFT SAFETY COURSE.] (a) The 
        commissioner shall establish an educational course and a testing 
        program for personal watercraft and watercraft operators and for 
        persons age 12 or older but younger than age 18 required to take 
        the watercraft safety course.  The commissioner shall prescribe 
        a written test as part of the course.  A personal watercraft 
        educational course and testing program that emphasizes safe and 
        legal operation must be required for persons age 13 or older but 
        younger than age 18 operating personal watercraft. 
           (b) The commissioner shall issue a watercraft operator's 
        permit to a person age 12 or older but younger than age 18 who 
        successfully completes the educational program and the written 
        test. 
           Sec. 28.  Minnesota Statutes 1996, section 86B.415, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [WATERCRAFT 19 FEET OR LESS.] The fee for a 
        watercraft license for watercraft 19 feet or less in length is 
        $12 except: 
           (1) for watercraft, other than personal watercraft, 19 feet 
        in length or less that is offered for rent or lease, the fee is 
        $6; 
           (2) for a canoe, kayak, sailboat, sailboard, paddle boat, 
        or rowing shell 19 feet in length or less, the fee is $7; 
           (3) for a watercraft 19 feet in length or less used by a 
        nonprofit corporation for teaching boat and water safety, the 
        fee is as provided in subdivision 4; and 
           (4) for a watercraft owned by a dealer under a dealer's 
        license, the fee is as provided in subdivision 5. 
           Sec. 29.  Minnesota Statutes 1996, section 86B.415, is 
        amended by adding a subdivision to read: 
           Subd. 7a.  [PERSONAL WATERCRAFT SURCHARGE.] A $50 surcharge 
        is placed on each personal watercraft licensed under 
        subdivisions 1 to 5 for enforcement of personal watercraft laws 
        and for personal watercraft safety education.  The surcharge 
        must be deposited in the state treasury and credited to the 
        water recreation account in the natural resources fund.  Any 
        grants to counties from revenue collected under this subdivision 
        must be proportional to the use of personal watercraft in each 
        county.  Grants made under this subdivision are subject to the 
        applicable administrative, reporting, and auditing requirements 
        in sections 86B.701 and 86B.705. 
           Sec. 30.  Minnesota Statutes 1996, section 89A.03, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [MEMBERSHIP.] The Minnesota forest 
        resources council has 13 members appointed by the governor and 
        one member appointed by the Indian affairs council.  The council 
        membership appointed by the governor must include one 
        representative from each of the following individuals: 
           (1) a representative from an organization representing 
        environmental interests within the state; 
           (2) a representative from an organization representing the 
        interests of management of game species; 
           (3) a representative from a conservation organization; 
           (4) a representative from an association representing 
        forest products industry within the state; 
           (5) a commercial logging contractor active in a forest 
        product association; 
           (6) a representative from a statewide association 
        representing the resort and tourism industry; 
           (7) a faculty or researcher of a Minnesota research or 
        higher educational institution; 
           (8) an owner of nonindustrial, private forest land of 40 
        acres or more; 
           (9) an agricultural woodlot owner; 
           (10) a representative from the department; 
           (11) a county land commissioner who is a member of the 
        Minnesota association of county land commissioners; 
           (12) a representative from the United States Forest Service 
        unit with land management responsibility in Minnesota; and 
           (13) a representative from a labor organization with 
        membership having an interest in forest resource issues. 
           Sec. 31.  Minnesota Statutes 1996, section 90.193, is 
        amended to read: 
           90.193 [EXTENSION OF TIMBER PERMITS.] 
           The commissioner may, in the case of an exceptional 
        circumstance beyond the control of the timber permit holder 
        which makes it unreasonable, impractical, and not feasible to 
        complete cutting and removal under the permit within the time 
        allowed, grant an extension of one year.  A request for the 
        extension must be received by the commissioner before the permit 
        expires.  The request must state the reason the extension is 
        necessary and be signed by the permit holder.  The value of the 
        timber remaining to be cut will be recalculated using current 
        stumpage rates.  Any timber cut during the period of extension 
        or remaining uncut at the expiration of the extension shall be 
        billed for at the stumpage rates determined at the time of 
        extension provided that in no event shall stumpage rates be less 
        than those in effect at the time of the original sale.  An 
        interest rate of eight percent will may be charged for the 
        period of extension.  
           Sec. 32.  Minnesota Statutes 1996, section 93.002, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ESTABLISHMENT.] The mineral coordinating 
        committee is established to plan for diversified mineral 
        development.  The mineral coordinating committee consists of the 
        director of the minerals division of the department of natural 
        resources, the deputy commissioner of the Minnesota pollution 
        control agency, the director of United Steelworkers of America, 
        district 11, or the director's designee, the commissioner of the 
        iron range resources and rehabilitation board, the director of 
        the Minnesota geological survey, the dean of the University of 
        Minnesota institute of technology, and the director of the 
        natural resources research institute, and three individuals 
        appointed by the governor for a four-year term, one each 
        representing the iron ore and taconite, the nonferrous metallic 
        minerals, and the industrial minerals industries within the 
        state.  The director of the minerals division of the department 
        of natural resources shall serve as chair.  A member of the 
        committee may designate another person of the member's 
        organization to act in the member's place.  The commissioner of 
        natural resources shall provide staff and administrative 
        services necessary for the committee's activities. 
           The mineral coordinating committee is encouraged to solicit 
        and receive advice from representatives of the United States 
        Bureau of Mines, the United States Geological Survey, and the 
        United States Environmental Protection Agency. 
           Sec. 33.  Minnesota Statutes 1996, section 97A.037, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [INTERFERENCE WITH TAKING WILD ANIMALS 
        PROHIBITED.] A person who has the intent to prevent, or disrupt, 
        or dissuade the taking of another person from taking or 
        preparing to take a wild animal or enjoyment of the out-of-doors 
        may must not disturb or interfere with another that person who 
        if that person is lawfully taking a wild animal or preparing to 
        take a wild animal.  "Preparing to take a wild animal" includes 
        travel, camping, and other acts that occur on land or water 
        where the affected person has the right or privilege to take 
        lawfully a wild animal. 
           Sec. 34.  Minnesota Statutes 1996, section 97A.245, is 
        amended to read: 
           97A.245 [REWARDS.] 
           The commissioner may pay rewards for information leading to 
        the conviction of a person that has violated a provision of laws 
        relating to wild animals or threatened or endangered species of 
        wildlife.  A reward may not exceed $500, except a reward for 
        information relating to big game or threatened or endangered 
        species of wildlife, may be up to $1,000 and a reward for 
        information relating to timber wolves may be up to $2,500.  The 
        rewards may only be paid from funds donated to the commissioner 
        for these purposes and may not be paid to salaried conservation 
        officers or peace officers.  
           Sec. 35.  Minnesota Statutes 1996, section 103C.315, 
        subdivision 4, is amended to read: 
           Subd. 4.  [COMPENSATION.] A supervisor shall receive 
        compensation for services as the state board may determine, and 
        may be reimbursed for expenses, including traveling expenses, 
        necessarily incurred in the discharge of duties.  A supervisor 
        shall may be reimbursed for the use of the supervisor's own 
        automobile in the performance of official duties at the a rate 
        per mile prescribed for state officers and employees up to the 
        maximum tax-deductible mileage rate permitted under the federal 
        Internal Revenue Code. 
           Sec. 36.  Minnesota Statutes 1996, section 103F.155, 
        subdivision 2, is amended to read: 
           Subd. 2.  [COMMISSIONER'S REVIEW.] (a) The commissioner 
        shall review the plan and consult with the state office of civil 
        defense and other appropriate state and federal agencies.  
        Following the review, the commissioner shall accept, require 
        modification, or reject the plan.  
           (b) If required modifications are not made, or if the plan 
        is rejected, the commissioner shall order the removal of the 
        emergency protection measures and shall not provide grant money 
        under section 103F.161 until the plan is approved or the 
        required modifications are made. 
           Sec. 37.  Minnesota Statutes 1996, section 103F.161, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ACTION ON GRANT APPLICATIONS.] (a) A local 
        government may apply to the commissioner for a grant on forms 
        provided by the commissioner.  The commissioner shall confer 
        with the local government requesting the grant and may make a 
        grant up to $75,000 $150,000 based on the following 
        considerations: 
           (1) the extent and effectiveness of mitigation measures 
        already implemented by the local government requesting the 
        grant; 
           (2) the feasibility, practicality, and effectiveness of the 
        proposed mitigation measures and the associated nonflood related 
        benefits and detriments; 
           (3) the level of grant assistance that should be provided 
        to the local government, based on available facts regarding the 
        nature, extent, and severity of flood problems; 
           (4) the frequency of occurrence of severe flooding that has 
        resulted in declaration of the area as a flood disaster area by 
        the President of the United States; 
           (5) the economic, social, and environmental benefits and 
        detriments of the proposed mitigation measures; 
           (6) whether the floodplain management ordinance or 
        regulation adopted by the local government meets the minimum 
        standards established by the commissioner, the degree of 
        enforcement of the ordinance or regulation, and whether the 
        local government is complying with the ordinance or regulation; 
           (7) the degree to which the grant request is consistent 
        with local water plans developed under chapters 103B and 103D; 
           (8) the financial capability of the local government to 
        solve its flood hazard problems without financial assistance; 
        and 
           (9) the estimated cost and method of financing of the 
        proposed mitigation measures based on local money and federal 
        and state financial assistance. 
           (b) If the amount of the grant requested 
        is $75,000 $150,000 or more, the commissioner shall determine, 
        under the considerations in paragraph (a), whether any part of 
        the grant should be awarded.  The commissioner must submit an 
        appropriation request to the governor and the legislature for 
        funding consideration before each odd-numbered year, consisting 
        of requests or parts of grant requests of $75,000 $150,000 or 
        more.  The commissioner must prioritize the grant requests, 
        under the considerations in paragraph (a), beginning with the 
        projects the commissioner determines most deserving of financing.
           (c) A grant may not exceed one-half the total cost of the 
        proposed mitigation measures. 
           (d) After July 1, 1991, grants made under this section may 
        be made to local governments whose grant requests are part of, 
        or responsive to, a comprehensive local water plan prepared 
        under chapter 103B or 103D. 
           Sec. 38.  Minnesota Statutes 1996, section 103G.271, 
        subdivision 6, is amended to read: 
           Subd. 6.  [WATER USE PERMIT PROCESSING FEE.] (a) Except as 
        described in paragraphs (b) to (f), a water use permit 
        processing fee must be prescribed by the commissioner in 
        accordance with the following schedule of fees for each water 
        use permit in force at any time during the year: 
           (1) 0.05 cents per 1,000 gallons for the first 50,000,000 
        gallons per year; 
           (2) 0.10 cents per 1,000 gallons for amounts greater than 
        50,000,000 gallons but less than 100,000,000 gallons per year; 
           (3) 0.15 cents per 1,000 gallons for amounts greater than 
        100,000,000 gallons but less than 150,000,000 gallons per year; 
        and 
           (4) 0.20 cents per 1,000 gallons for amounts greater than 
        150,000,000 gallons but less than 200,000,000 gallons per year; 
           (5) 0.25 cents per 1,000 gallons for amounts greater than 
        200,000,000 gallons but less than 250,000,000 gallons per year; 
           (6) 0.30 cents per 1,000 gallons for amounts greater than 
        250,000,000 gallons but less than 300,000,000 gallons per year; 
           (7) 0.35 cents per 1,000 gallons for amounts greater than 
        300,000,000 gallons but less than 350,000,000 gallons per year; 
           (8) 0.40 cents per 1,000 gallons for amounts greater than 
        350,000,000 gallons but less than 400,000,000 gallons per year; 
        and 
           (9) 0.45 cents per 1,000 gallons for amounts greater than 
        400,000,000 gallons per year.  
           (b) For once-through cooling systems, a water use 
        processing fee must be prescribed by the commissioner in 
        accordance with the following schedule of fees for each water 
        use permit in force at any time during the year: 
           (1) for nonprofit corporations and school districts: 
           (i) 5.0 cents per 1,000 gallons until December 31, 1991; 
           (ii) 10.0 cents per 1,000 gallons from January 1, 1992, 
        until December 31, 1996; and 
           (iii), 15.0 cents per 1,000 gallons after January 1, 1997; 
        and 
           (2) for all other users, 20 cents per 1,000 gallons. 
           (c) The fee is payable based on the amount of water 
        appropriated during the year and, except as provided in 
        paragraph (f), the minimum fee is $50.  
           (d) For water use processing fees other than once-through 
        cooling systems:  
           (1) the fee for a city of the first class may not exceed 
        $175,000 per year; 
           (2) the fee for other entities for any permitted use may 
        not exceed: 
           (i) $35,000 per year for an entity holding three or fewer 
        permits; 
           (ii) $50,000 per year for an entity holding four or five 
        permits; 
           (iii) $175,000 per year for an entity holding more than 
        five permits; 
           (3) the fee for agricultural irrigation may not exceed $750 
        per year; and 
           (4) the fee for a municipality that furnishes electric 
        service and cogenerates steam for home heating may not exceed 
        $10,000 for its permit for water use related to the cogeneration 
        of electricity and steam; and 
           (5) no fee is required for a project involving the 
        appropriation of surface water to prevent flood damage or to 
        remove flood waters during a period of flooding, as determined 
        by the commissioner.  
           (e) Failure to pay the fee is sufficient cause for revoking 
        a permit.  A penalty of two percent per month calculated from 
        the original due date must be imposed on the unpaid balance of 
        fees remaining 30 days after the sending of a second notice of 
        fees due.  A fee may not be imposed on an agency, as defined in 
        section 16B.01, subdivision 2, or federal governmental agency 
        holding a water appropriation permit. 
           (f) The minimum water use processing fee for a permit 
        issued for irrigation of agricultural land is $10 for years in 
        which: 
           (1) there is no appropriation of water under the permit; or 
           (2) the permit is suspended for more than seven consecutive 
        days between May 1 and October 1. 
           (g) For once-through systems fees payable after July 1, 
        1993, 75 percent of the fees must be credited to a special 
        account and are appropriated to the Minnesota public facilities 
        authority for loans under section 446A.21. 
           Sec. 39.  Minnesota Statutes 1996, section 115.076, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [AUTHORITY OF COMMISSIONER.] (a) The agency 
        may refuse to issue or to authorize the transfer of: 
           (1) a hazardous waste facility permit or a solid waste 
        facility permit to construct or operate a commercial waste 
        facility as defined in section 115A.03, subdivision 6, if the 
        agency determines that the permit applicant does not possess 
        sufficient expertise and competence to operate the facility in 
        conformance with the requirements of this chapter and chapters 
        114C and 116, or if other circumstances exist that demonstrate 
        that the permit applicant may not operate the facility in 
        conformance with the requirements of this chapter and chapters 
        114C and 116; or 
           (2) an animal feedlot facility permit, under section 
        116.07, subdivision 7, to construct or operate an animal feedlot 
        facility, if the agency determines that the permit applicant 
        does not possess sufficient expertise and competence to operate 
        the feedlot facility in conformance with the requirements of 
        this chapter and chapter 116 or if other circumstances exist 
        that demonstrate that the permit applicant may not operate the 
        feedlot facility in conformance with the requirements of this 
        chapter and chapter 116.  
           (b) In making this a determination under paragraph (a), the 
        agency may consider: 
           (1) the experience of the permit applicant in constructing 
        or operating commercial waste facilities or animal feedlot 
        facilities; 
           (2) the expertise of the permit applicant; 
           (3) the past record of the permit applicant in operating 
        commercial waste facilities or animal feedlot facilities in 
        Minnesota and other states; 
           (4) any criminal convictions of the permit applicant in 
        state or federal court during the past five years that bear on 
        the likelihood that the permit applicant will operate the 
        facility in conformance with the applicable requirements of this 
        chapter and chapters 114C and 116; and 
           (5) in the case of a corporation or business entity, any 
        criminal convictions in state or federal court during the past 
        five years of any of the permit applicant's officers, partners, 
        or facility managers that bear on the likelihood that the 
        facility will be operated in conformance with the applicable 
        requirements of this chapter and chapters 114C and 116. 
           Sec. 40.  Minnesota Statutes 1997 Supplement, section 
        115.55, subdivision 5a, is amended to read: 
           Subd. 5a.  [INSPECTION CRITERIA FOR EXISTING SYSTEMS.] (a) 
        An inspection of an existing system must evaluate the criteria 
        in paragraphs (b) to (h). 
           (b) If the inspector finds one or more of the following 
        conditions: 
           (1) sewage discharge to surface water; 
           (2) sewage discharge to ground surface; 
           (3) sewage backup; or 
           (4) a cesspool; or 
           (5) any other situation with the potential to immediately 
        and adversely affect or threaten public health or safety, 
        then the system constitutes an imminent threat to public health 
        or safety and, if not repaired, must be upgraded, replaced, or 
        its use discontinued within ten months of receipt of the notice 
        described in subdivision 5b, or within a shorter period of time 
        if required by local ordinance. 
           (c) An existing system that has none of the conditions in 
        paragraph (b), and has at least two feet of soil separation need 
        not be upgraded, repaired, replaced, or its use discontinued, 
        notwithstanding any local ordinance that is more restrictive. 
           (d) Paragraph (c) does not apply to systems in shoreland 
        areas regulated under sections 103F.201 to 103F.221, wellhead 
        protection areas as defined in section 103I.005, or those used 
        in connection with food, beverage, and lodging establishments 
        regulated under chapter 157. 
           (e) If the local unit of government with jurisdiction over 
        the system has adopted an ordinance containing local standards 
        pursuant to subdivision 7, the existing system must comply with 
        the ordinance.  If the system does not comply with the 
        ordinance, it must be upgraded, replaced, or its use 
        discontinued according to the ordinance. 
           (f) If a seepage pit, drywell, cesspool, or leaching pit 
        exists and the local unit of government with jurisdiction over 
        the system has not adopted local standards to the contrary, the 
        system is failing and must be upgraded, replaced, or its use 
        discontinued within the time required by subdivision 3 or local 
        ordinance. 
           (g) If the system fails to provide sufficient groundwater 
        protection, then the local unit of government or its agent shall 
        order that the system be upgraded, replaced, or its use 
        discontinued within the time required by rule or the local 
        ordinance. 
           (h) The authority to find a threat to public health under 
        section 145A.04, subdivision 8, is in addition to the authority 
        to make a finding under paragraphs (b) to (d). 
           Sec. 41.  Minnesota Statutes 1997 Supplement, section 
        116.07, subdivision 7, is amended to read: 
           Subd. 7.  [COUNTIES; PROCESSING OF APPLICATIONS FOR ANIMAL 
        LOT PERMITS.] Any Minnesota county board may, by resolution, 
        with approval of the pollution control agency, assume 
        responsibility for processing applications for permits required 
        by the pollution control agency under this section for livestock 
        feedlots, poultry lots or other animal lots.  The responsibility 
        for permit application processing, if assumed by a county, may 
        be delegated by the county board to any appropriate county 
        officer or employee.  
           (a) For the purposes of this subdivision, the term 
        "processing" includes: 
           (1) the distribution to applicants of forms provided by the 
        pollution control agency; 
           (2) the receipt and examination of completed application 
        forms, and the certification, in writing, to the pollution 
        control agency either that the animal lot facility for which a 
        permit is sought by an applicant will comply with applicable 
        rules and standards, or, if the facility will not comply, the 
        respects in which a variance would be required for the issuance 
        of a permit; and 
           (3) rendering to applicants, upon request, assistance 
        necessary for the proper completion of an application. 
           (b) For the purposes of this subdivision, the term 
        "processing" may include, at the option of the county board, 
        issuing, denying, modifying, imposing conditions upon, or 
        revoking permits pursuant to the provisions of this section or 
        rules promulgated pursuant to it, subject to review, suspension, 
        and reversal by the pollution control agency.  The pollution 
        control agency shall, after written notification, have 15 days 
        to review, suspend, modify, or reverse the issuance of the 
        permit.  After this period, the action of the county board is 
        final, subject to appeal as provided in chapter 14. 
           (c) For the purpose of administration of rules adopted 
        under this subdivision, the commissioner and the agency may 
        provide exceptions for cases where the owner of a feedlot has 
        specific written plans to close the feedlot within five years.  
        These exceptions include waiving requirements for major capital 
        improvements. 
           (d) For purposes of this subdivision, a discharge caused by 
        an extraordinary natural event such as a precipitation event of 
        greater magnitude than the 25-year, 24-hour event, tornado, or 
        flood in excess of the 100-year flood is not a "direct discharge 
        of pollutants." 
           (e) In adopting and enforcing rules under this subdivision, 
        the commissioner shall cooperate closely with other governmental 
        agencies. 
           (f) The pollution control agency shall work with the 
        Minnesota extension service, the department of agriculture, the 
        board of water and soil resources, producer groups, local units 
        of government, as well as with appropriate federal agencies such 
        as the Soil Natural Resources Conservation Service and the 
        Agricultural Stabilization and Conservation Service Farm Service 
        Agency, to notify and educate producers of rules under this 
        subdivision at the time the rules are being developed and 
        adopted and at least every two years thereafter. 
           (g) The pollution control agency shall adopt rules 
        governing the issuance and denial of permits for livestock 
        feedlots, poultry lots or other animal lots pursuant to this 
        section.  A feedlot permit is not required for livestock 
        feedlots with more than ten but less than 50 animal units; 
        provided they are not in shoreland areas.  These rules apply 
        both to permits issued by counties and to permits issued by the 
        pollution control agency directly.  
           (h) The pollution control agency shall exercise supervising 
        authority with respect to the processing of animal lot permit 
        applications by a county. 
           (i) After May 17, 1997, any new rules or amendments to 
        existing rules proposed under the authority granted in this 
        subdivision, must be submitted to the members of legislative 
        policy committees with jurisdiction over agriculture and the 
        environment prior to final adoption.  The rules must not become 
        effective until 90 days after the proposed rules are submitted 
        to the members.  
           (j) Until new rules are adopted that provide for plans for 
        manure storage structures, any plans for a liquid manure storage 
        structure must be prepared or approved by a registered 
        professional engineer or a United States Department of 
        Agriculture, Natural Resources Conservation Service employee. 
           (k) A county may adopt by ordinance standards for animal 
        feedlots that are more stringent than standards in pollution 
        control agency rules. 
           (l) After January 1, 2001, a county that has not accepted 
        delegation of the feedlot permit program must hold a public 
        meeting prior to the agency issuing a feedlot permit for a 
        feedlot facility with 300 or more animal units, unless another 
        public meeting has been held with regard to the feedlot facility 
        to be permitted. 
           Sec. 42.  Minnesota Statutes 1996, section 116.07, is 
        amended by adding a subdivision to read: 
           Subd. 7b.  [FEEDLOT INVENTORY NOTIFICATION AND PUBLIC 
        MEETING REQUIREMENTS.] (a) Any state agency or local government 
        unit conducting an inventory or survey of livestock feedlots 
        under its jurisdiction must publicize notice of the inventory in 
        a newspaper of general circulation in the affected area and in 
        other media as appropriate.  The notice must state the dates the 
        inventory will be conducted, the information that will be 
        requested in the inventory, and how the information collected 
        will be provided to the public.  The notice must also specify 
        the date for a public meeting to provide information regarding 
        the inventory. 
           (b) A local government unit conducting an inventory or 
        survey of livestock feedlots under its jurisdiction must hold at 
        least one public meeting within the boundaries of the 
        jurisdiction of the local unit of government, prior to beginning 
        the inventory.  A state agency conducting a survey of livestock 
        feedlots must hold at least four public meetings outside of the 
        seven-county Twin Cities metropolitan area, prior to beginning 
        the inventory.  The public meeting must provide information 
        concerning the dates the inventory will be conducted, the 
        procedure the agency or local unit of government will use to 
        request the information to be included in the inventory, and how 
        the information collected will be provided to the public. 
           Sec. 43.  Minnesota Statutes 1996, section 116.07, is 
        amended by adding a subdivision to read: 
           Subd. 7c.  [NPDES PERMITTING REQUIREMENTS.] (a) The agency 
        must issue National Pollutant Discharge Elimination System 
        permits for feedlots with 1,000 animal units or more based on 
        the following schedule: 
           (1) for applications received after the effective date of 
        this section, a permit for a newly constructed or expanded 
        animal feedlot with 2,000 or more animal units must be issued as 
        an individual permit; 
           (2) for applications received after January 1, 1999, a 
        permit for a newly constructed or expanded animal feedlot with 
        between 1,000 and 2,000 animal units that is identified as a 
        priority by the commissioner, using criteria established under 
        paragraph (e), must be issued as an individual permit; and 
           (3) after January 1, 2001, all existing feedlots with 1,000 
        or more animal units must be issued an individual or general 
        National Pollutant Discharge Elimination System permit. 
           (b) By October 1, 1999, the agency must issue a general 
        National Pollutant Discharge Elimination System permit for 
        animal feedlots with between 1,000 and 2,000 animal units that 
        are not identified under paragraph (a), clause (2). 
           (c) Prior to the issuance of a general National Pollutant 
        Discharge Elimination System permit for a category of animal 
        feedlot facility permittees, the agency must hold at least one 
        public hearing on the permit issuance. 
           (d) To the extent practicable, the agency must include a 
        public notice and comment period for an individual National 
        Pollutant Discharge Elimination System permit concurrent with 
        any public notice and comment for: 
           (1) the purpose of environmental review of the same 
        facility under chapter 116D; or 
           (2) the purpose of obtaining a conditional use permit from 
        a local unit of government where the local government unit is 
        the responsible governmental unit for purposes of environmental 
        review under chapter 116D. 
           (e) By January 1, 1999, the commissioner, in consultation 
        with the feedlot and manure management advisory committee, 
        created under section 17.136, and other interested parties must 
        develop criteria for determining whether an individual National 
        Pollutant Discharge Elimination System permit is required under 
        paragraph (a), clause (2), for an animal feedlot with between 
        1,000 and 2,000 animal units.  The criteria must be based on 
        proximity to waters of the state, facility design, and other 
        site-specific environmental factors. 
           (f) By January 1, 2000, the commissioner, in consultation 
        with the feedlot and manure management advisory committee, 
        created under section 17.136, and other interested parties must 
        develop criteria for determining whether an individual National 
        Pollutant Discharge Elimination System permit is required for an 
        existing animal feedlot, under paragraph (a), clause (3).  The 
        criteria must be based on violations and other compliance 
        problems at the facility. 
           Sec. 44.  Minnesota Statutes 1997 Supplement, section 
        116.18, subdivision 3c, is amended to read: 
           Subd. 3c.  [INDIVIDUAL ON-SITE TREATMENT SYSTEMS AND 
        ALTERNATIVE DISCHARGING SEWAGE SYSTEMS PROGRAM.] (a) Beginning 
        in fiscal year 1989, up to ten percent of the money to be 
        awarded as grants under subdivision 3a in any single fiscal 
        year, up to a maximum of $1,000,000, may be set aside for the 
        award of grants by the agency to municipalities to reimburse 
        owners of individual on-site wastewater treatment systems or 
        alternative discharging sewage systems for a part of the costs 
        of upgrading or replacing the systems. 
           (b) An individual on-site treatment system is a wastewater 
        treatment system, or part thereof, that uses soil treatment and 
        disposal technology to treat 5,000 gallons or less of wastewater 
        per day from dwellings or other establishments. 
           (c) An alternative discharging sewage system is a system 
        permitted under section 115.58 that: 
           (1) serves one or more dwellings and other establishments; 
           (2) discharges less than 10,000 gallons of water per day; 
        and 
           (3) uses any treatment and disposal methods other than 
        subsurface soil treatment and disposal. 
           (d) Municipalities may apply yearly for grants of up to 50 
        percent of the cost of replacing or upgrading individual on-site 
        treatment systems, including conversion to an alternative 
        discharging sewage system, within their jurisdiction, up to a 
        limit of $5,000 per system or per connection to a cluster 
        system.  Before agency approval of the grant application, a 
        municipality must certify that:  
           (1) it has adopted and is enforcing the requirements of 
        Minnesota Rules governing individual sewage treatment systems; 
           (2) the existing systems for which application is made do 
        not conform to those rules, are at least 20 years old, do not 
        serve seasonal residences, and were not constructed with state 
        or federal funds; and 
           (3) the costs requested do not include administrative 
        costs, costs for improvements or replacements made before the 
        application is submitted to the agency unless it pertains to the 
        plan finally adopted, and planning and engineering costs other 
        than those for the individual site evaluations and system design.
           (d) (e) The federal and state regulations regarding the 
        award of state and federal wastewater treatment grants do not 
        apply to municipalities or systems funded under this 
        subdivision, except as provided in this subdivision.  
           (e) (f) The agency shall adopt permanent rules regarding 
        priorities, distribution of funds, payments, inspections, 
        procedures for administration of the agency's duties, and other 
        matters that the agency finds necessary for proper 
        administration of grants awarded under this subdivision.  
           Sec. 45.  Minnesota Statutes 1997 Supplement, section 
        169.1217, subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] As used in this section, the 
        following terms have the meanings given them: 
           (a) "Appropriate agency" means a law enforcement agency 
        that has the authority to make an arrest for a violation of a 
        designated offense or to require a test under section 169.123. 
           (b) "Designated license revocation" includes a license 
        revocation under section 169.123: 
           (1) within five years of two prior impaired driving 
        convictions, two prior license revocations, or a prior impaired 
        driving conviction and a prior license revocation, based on 
        separate incidents; or 
           (2) within 15 years of the first of three or more prior 
        impaired driving convictions, three or more prior license 
        revocations, or any combination of three or more prior impaired 
        driving convictions and prior license revocations, based on 
        separate incidents.  
           (c) "Designated offense" includes: 
           (1) a violation of section 169.121, subdivision 1, clause 
        (a), (b), (c), (d), (e), (g), or (h), subdivision 1a, an 
        ordinance in conformity with any of them, or section 169.129: 
           (i) within five years of two prior impaired driving 
        convictions, or two prior license revocations, or a prior 
        impaired driving conviction and a prior license revocation, 
        based on separate incidents; or 
           (ii) within 15 years of the first of three or more prior 
        impaired driving convictions, three or more prior license 
        revocations, or any combination of three or more impaired 
        driving convictions and prior license revocations, based on 
        separate incidents; 
           (2) a violation of section 169.121, subdivision 1, clause 
        (f), or a violation of section 169.121, subdivision 3, paragraph 
        (c), clause (4): 
           (i) within five years of a prior impaired driving 
        conviction or a prior license revocation; or 
           (ii) within 15 years of the first of two or more prior 
        impaired driving convictions, two or more prior license 
        revocations, or a prior impaired driving conviction and a prior 
        license revocation, based on separate incidents; or 
           (3) a violation of section 169.121, an ordinance in 
        conformity with it, or section 169.129: 
           (i) by a person whose driver's license or driving 
        privileges have been canceled under section 171.04, subdivision 
        1, clause (9); or 
           (ii) by a person who is subject to a restriction on the 
        person's driver's license under section 171.09 which provides 
        that the person may not use or consume any amount of alcohol or 
        a controlled substance; or 
           (4) until June 30, 1999, a second or subsequent violation 
        of section 85.015, subdivision 1c. 
           (d) "Motor vehicle" and "vehicle" have the meaning given 
        "motor vehicle" in section 169.121, subdivision 11.  The terms 
        do not include a vehicle which is stolen or taken in violation 
        of the law. 
           (e) "Owner" means the registered owner of the motor vehicle 
        according to records of the department of public safety and 
        includes a lessee of a motor vehicle if the lease agreement has 
        a term of 180 days or more. 
           (f) "Prior impaired driving conviction" has the meaning 
        given it in section 169.121, subdivision 3.  A prior impaired 
        driving conviction also includes a prior juvenile adjudication 
        that would have been a prior impaired driving conviction if 
        committed by an adult. 
           (g) "Prior license revocation" has the meaning given it in 
        section 169.121, subdivision 3. 
           (h) "Prosecuting authority" means the attorney in the 
        jurisdiction in which the designated offense occurred who is 
        responsible for prosecuting violations of a designated offense. 
           Sec. 46.  Minnesota Statutes 1996, section 308A.131, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CONTENTS.] (a) The incorporators shall 
        prepare the articles, which must include:  
           (1) the name of the cooperative; 
           (2) the purpose of the cooperative; 
           (3) the principal place of business for the cooperative; 
           (4) the period of duration for the cooperative, if the 
        duration is not to be perpetual; 
           (5) the total authorized number of shares and the par value 
        of each share if the cooperative is organized on a capital stock 
        basis; 
           (6) a description of the classes of shares, if the shares 
        are to be classified; 
           (7) a statement of the number of shares in each class and 
        relative rights, preferences, and restrictions granted to or 
        imposed upon the shares of each class, and a provision that only 
        common stockholders have voting power; 
           (8) a statement that individuals owning common stock shall 
        be restricted to one vote in the affairs of the cooperative or a 
        statement that the cooperative is one described in section 
        308A.641, subdivision 2; 
           (9) a statement that shares of stock are transferable only 
        with the approval of the board; 
           (10) a statement that dividends on the capital stock and 
        nonstock units of equity of the cooperative may not exceed eight 
        percent annually; 
           (11) the names, post office addresses, and terms of office 
        of the directors of the first board; 
           (12) a statement that net income in excess of dividends and 
        additions to reserves shall be distributed on the basis of 
        patronage, and that the records of the cooperative may show the 
        interest of patrons, stockholders of any classes, and members in 
        the reserves; and 
           (13) the registered office address of the cooperative and 
        the name of the registered agent, if any, at that address.  
           (b) The articles must always contain the provisions in 
        paragraph (a), except that the names, post office addresses, and 
        terms of offices of the directors of the first board may be 
        omitted after their successors have been elected by the members 
        or the articles are amended in their entirety. 
           (c) The articles may contain other lawful provisions.  
           (d) The articles must be signed by the incorporators.  
           Sec. 47.  Minnesota Statutes 1997 Supplement, section 
        308A.705, subdivision 1, is amended to read: 
           Subdivision 1.  [DISTRIBUTION OF NET INCOME.] Net income in 
        excess of dividends on capital stock, nonstock units of equity, 
        and additions to reserves shall be distributed on the basis of 
        patronage.  A cooperative may establish allocation units, 
        whether the units are functional, divisional, departmental, 
        geographic, or otherwise, and pooling arrangements and may 
        account for and distribute net income on the basis of allocation 
        units and pooling arrangements.  A cooperative may offset the 
        net loss of an allocation unit or pooling arrangement against 
        the net income of other allocation units or pooling arrangements 
        to the extent permitted by section 1388(j) of the Internal 
        Revenue Code of 1986, as amended through December 31, 1996. 
           Sec. 48.  Minnesota Statutes 1996, section 308A.705, 
        subdivision 3, is amended to read: 
           Subd. 3.  [DIVIDENDS.] Dividends may be paid on capital 
        stock and nonstock units of equity only if the net income of the 
        cooperative for the previous fiscal year is sufficient.  The 
        dividends are not cumulative. 
           Sec. 49.  Laws 1997, chapter 216, section 15, subdivision 
        8, is amended to read: 
        Subd. 8.  Pollution Prevention 
        (a) TOXIC EMISSIONS FROM FIRE 
        TRAINING                                  65,000 
        This appropriation is from the trust 
        fund to metropolitan state university 
        to identify and quantify toxic 
        emissions from live-burn training in 
        acquired structures to evaluate and 
        propose alternatives.  This 
        appropriation is available until June 
        30, 2000, at which time the project 
        must be completed and final products 
        delivered, unless an earlier date is 
        specified in the work program. 
        (b) POLLUTION PREVENTION TRAINING 
        PROGRAM FOR INDUSTRIAL EMPLOYEES         200,000 
        This appropriation is from the future 
        resources fund to the director of the 
        office of environmental assistance for 
        agreements with Citizens for a Better 
        Environment and the University of 
        Minnesota to provide the training and 
        technical assistance needed for 
        pollution prevention by industrial 
        employees. 
           Sec. 50.  [AGGREGATE RESOURCES TASK FORCE.] 
           Subdivision 1.  [CREATION; MEMBERSHIP.] (a) An aggregate 
        resources task force consists of 12 members appointed as follows:
           (1) the subcommittee on subcommittees of the senate 
        committee on rules and administration shall appoint one citizen 
        member with experience in the state's aggregates industry, one 
        citizen member who is an employee of a local government unit 
        that works with environmental and land use impacts from 
        aggregate mining, and four members of the senate, two of whom 
        must be members of the minority caucus; and 
           (2) the speaker of the house shall appoint one citizen 
        member who is an employee of a local governmental unit that 
        works with environmental and land use impacts from aggregate 
        mining, one citizen member with experience in native prairie 
        conservation, and four members of the house, two of whom must be 
        members of the minority caucus.  
           (b) The appointing authorities must make their respective 
        appointments not later than July 1, 1998.  
           (c) The first meeting of the task force must be convened by 
        a person designated by the chair of the senate committee on 
        rules and administration.  Task force members shall then elect a 
        permanent chair from among the task force members.  
           Subd. 2.  [DUTIES.] The task force shall examine current 
        and projected issues concerning the need for and use of the 
        state's aggregate resources.  The task force shall seek input 
        from the aggregate industry, state agencies, counties, local 
        units of government, environmental organizations, and other 
        interested parties on aggregate resource issues, including 
        resource inventory, resource depletion, mining practices, 
        nuisance problems, safety, competing land uses and land use 
        planning, native prairie conservation, environmental review, 
        local permit requirements, reclamation, recycling, 
        transportation of aggregates, and the aggregate material tax.  
           Subd. 3.  [REPORT.] Not later than February 1, 2000, the 
        task force shall report to the legislature on the findings of 
        its study.  The report must include a recommendation as to 
        whether there is a need for a comprehensive statewide policy on 
        any aggregate resource issue.  If the task force recommends a 
        statewide policy, the report must include recommendations on the 
        framework for the statewide policy.  
           Subd. 4.  [EXPIRATION.] The aggregate resources task force 
        expires 45 days after its report and recommendations are 
        delivered to the legislature, or on June 30, 2001, whichever 
        date is earlier. 
           Sec. 51.  [REPORT ON NONCOMMERCIAL MANURE APPLICATOR 
        TRAINING AND CERTIFICATION.] 
           The commissioner of agriculture, in close consultation with 
        the commissioner of the pollution control agency and statewide 
        farm organizations including the Minnesota Farmers Union and the 
        Minnesota Farm Bureau Federation, shall conduct a study to 
        assess the need for and feasibility of a program for 
        noncommercial manure applicator training and certification.  The 
        commissioner must submit a report to the members of the senate 
        and house policy committees with jurisdiction over agriculture 
        and the environment by January 20, 1999.  The report must 
        include recommendations on: 
           (1) persons and activities that should be exempt from 
        certification; 
           (2) dates by which persons should be required to obtain 
        certification; 
           (3) content of the noncommercial animal waste technician 
        training curriculum; and 
           (4) procedures and timelines for implementing noncommercial 
        animal waste technician training programs. 
           Sec. 52.  [PERMIT REQUIREMENTS.] 
           Until June 30, 2000, neither the pollution control agency 
        nor a county board may issue a permit for the construction of an 
        open-air clay, earthen, or flexible membrane lined swine waste 
        lagoon.  This section does not apply to repair or modification 
        related to an environmental improvement of an existing lagoon. 
           Sec. 53.  [FEEDLOT RULES.] 
           By March 1, 1999, the commissioner of the pollution control 
        agency must submit a copy of updated feedlot permit rules as 
        prescribed in Minnesota Statutes, section 116.07, subdivision 7, 
        paragraph (i).  The updated rules must become effective no later 
        than June 1, 1999. 
           Sec. 54.  [ENVIRONMENTAL REVIEW RULES.] 
           The environmental quality board, in consultation with the 
        pollution control agency, shall study and adopt rules pursuant 
        to Minnesota Statutes, chapter 14, to revise and clarify 
        Minnesota Rules, part 4410.1000, subpart 4, as it applies to 
        connected actions on animal feedlots and the need for 
        environmental review.  The board must submit a copy of the 
        proposed rules and a summary of public comments received on the 
        rules to the members of the senate and house policy committees 
        with jurisdiction over agriculture and the environment, the 
        senate environment and agriculture budget division, and the 
        house environment, natural resources, and agriculture finance 
        committee by March 1, 1999.  The rules may not become effective 
        until 60 days after they are submitted to the committee members 
        and must become effective no later than June 1, 1999. 
           Sec. 55.  [REPORT ON REVISED STANDARDS FOR HYDROGEN SULFIDE 
        EXPOSURE.] 
           By January 15, 1999, the commissioner of labor and 
        industry, in consultation with the commissioners of the 
        pollution control agency, health, and agriculture, shall report 
        to the senate and house policy committees with jurisdiction over 
        agriculture and environment on the need for and, if appropriate, 
        suggested changes to standards for hydrogen sulfide exposure 
        levels within livestock confinement facilities having a design 
        capacity of 500 animal units or more and at various distances up 
        to 5,000 feet from animal waste storage facilities. 
           Sec. 56.  [REPORT ON ANIMAL WASTE LIABILITY.] 
           By January 15, 1999, the commissioner of the pollution 
        control agency, in conjunction with the commissioner of 
        agriculture, shall report to the legislative policy and finance 
        committees or divisions with jurisdiction over agriculture and 
        the environment on the need for an animal waste liability 
        account, improved animal waste incident reporting, and a 
        contingency action plan for animal waste sites.  The report must 
        include: 
           (1) an analysis of the need and level of funding required 
        for an animal waste liability account; 
           (2) the identification of possible funding sources to 
        ensure adequate resources for animal waste site cleanup under 
        clause (1); 
           (3) an analysis of the need for changes to the current 
        animal waste incident reporting system; and 
           (4) the need for development of a statewide animal waste 
        contingency plan for animal waste sites, including containment, 
        closure, and cleanup. 
           Sec. 57.  [COUNTIES AND TOWNS TO REPORT.] 
           (a) Not later than August 1, 1998, each county and each 
        town that has adopted ordinances related to animal feedlots 
        shall supply copies of the ordinances to the commissioner of 
        agriculture.  A county or town that adopts a new or amended 
        ordinance related to animal feedlots shall report the new or 
        amended ordinance to the commissioner within 60 days after the 
        adoption. 
           (b) The reporting requirements of paragraph (a) expire 
        after June 30, 2001. 
           Sec. 58.  [LOAN WORK PLAN.] 
           Notwithstanding the requirements of rules adopted pursuant 
        to Minnesota Statutes, section 115A.0716, that prevent the use 
        of funds for costs incurred before the term of the agreement, 
        the director shall disburse loan funds awarded to United 
        Recycling, Inc., provided that the director has approved a new 
        project proposal that includes performance goals for carpet 
        recycling and demonstrates the financial viability of the 
        recycling enterprise. 
           Sec. 59.  [WATER QUALITY COST-BENEFIT MODEL SCOPING TASK 
        FORCE.] 
           The commissioner of the pollution control agency shall 
        convene a task force comprising of no more than three 
        representatives each from industry, municipalities, watershed 
        management groups, labor, agriculture, and environmental groups 
        within 30 days of the effective date of this section.  The task 
        force shall select an entity to conduct a scoping study for a 
        cost-benefit model to analyze water quality standards.  The 
        scoping study shall include:  a watershed-based approach that 
        evaluates both point and nonpoint pollution sources, the extent 
        of the costs and benefits to be evaluated, the necessary 
        elements of the model, a model that is transferable to other 
        watersheds and standards, and the characteristics of the 
        watersheds and standards to be evaluated.  By October 15, 1998, 
        the task force shall review the completed scoping study and make 
        recommendations on the scope, cost, and time frame for 
        development of the model to the commissioner and to the chairs 
        of the house and senate environment and natural resources 
        committees, the chair of the house environment, natural 
        resources, and agriculture finance committee, and the chair of 
        the senate environment and agriculture budget division. 
           Sec. 60.  [ANALYSIS AND SALE OF LAKESHORE LEASED LOTS.] 
           Subdivision 1.  [ANALYSIS OF LOTS.] By January 15, 1999, 
        the commissioner of natural resources must submit a report to 
        the chairs of the senate and house environment and natural 
        resources committees, the chair of the house environment, 
        natural resources, and agriculture finance committee, the chair 
        of the senate environment and agriculture budget division, the 
        chairs of the senate children, families and learning committee, 
        and the chair of the house education committee, including the 
        results of the field inspection required by this section, 
        recommendations on appropriations needed to accomplish this 
        section, and additional recommendations on methods to preserve 
        public lakeshore in the state.  The commissioner must conduct a 
        field inspection of all lands leased pursuant to Minnesota 
        Statutes, section 92.46, subdivision 1.  The commissioner shall 
        identify all lots within the following classifications: 
           (1) sale of the lot would create a block of contiguous 
        property that could result in a shift in land use from 
        residential to commercial development; 
           (2) the lot should remain in public ownership in order to 
        provide public access to the lake where it is located; 
           (3) the lot is part of the trust land in Horseshoe Bay, as 
        referenced in Laws 1997, chapter 216, section 151; 
           (4) the lot contains all or part of an unusual resource, 
        such as a historical or archaeological site, or a sensitive 
        ecological resource, or contains high quality habitat, or has a 
        high scenic value; 
           (5) the lot is not in compliance with state law concerning 
        on-site sewage treatment or minimum lot size requirements for 
        development, or the lot is hydrologically unsuitable for future 
        development; and 
           (6) the lot provides access for adjacent state land. 
           Subd. 2.  [SCHOOL TRUST LAKESHORE LOTS; EXCHANGE AND SALE.] 
        (a) For each parcel of land that does not meet the criteria in 
        subdivision 1, the commissioner must preserve the assets of the 
        school trust pursuant to this subdivision. 
           (b) The commissioner must attempt to establish a land 
        exchange with each lessee.  The lessee and the commissioner must 
        attempt to agree on a parcel of private lakeshore land to be 
        used for the land exchange.  If the lessee obtains an option to 
        purchase the parcel, the commissioner must conduct an appraisal 
        and a survey of both parcels of land at the lessee's expense.  
        If the commissioner determines that the parcel offered by the 
        lessee is of equal or greater value than the trust land, the 
        commissioner must submit the proposed exchange to the land 
        exchange board, as defined in Minnesota Statutes, section 
        94.341, for approval.  Notwithstanding Minnesota Statutes, 
        sections 94.342 to 94.347, the land exchange board shall 
        determine the procedures for approval of individual land 
        exchanges, subject to the requirements of the Minnesota 
        Constitution and this section.  Any exchange under this 
        paragraph must be submitted to the land exchange board by July 
        1, 2004. 
           (c) By December 15, 2004, the commissioner must submit a 
        list of each parcel of land that has not been exchanged pursuant 
        to paragraph (b) to the house and senate environment and natural 
        resource committees.  The list submitted by the commissioner 
        must include recommendations for sale or retention of the 
        remaining individual parcels.  Subject to approval by the 
        legislature, the commissioner must sell parcels approved for 
        sale by public sale at the expiration of the lease term using a 
        sealed bid procedure under the remaining provisions of Minnesota 
        Statutes, chapter 92.  After approval of sale by the 
        legislature, a lessee of land approved for sale may request 
        during the remainder of the lease term that lands leased by the 
        lessee be sold at a public sale pursuant to this section within 
        one year of the request. 
           (d) The commissioner must mail notice of this section to 
        each lessee by July 1, 1998. 
           Sec. 61.  [REPEALER.] 
           (a) Minnesota Statutes 1997 Supplement, section 85.015, 
        subdivision 1c, as amended by this act, is repealed effective 
        June 30, 1999. 
           (b) Laws 1991, chapter 275, section 3, is repealed. 
           Sec. 62.  [EFFECTIVE DATE.] 
           Section 31 is effective January 1, 1998.  Sections 28 and 
        29 are effective January 1, 1999.  Section 23 is effective July 
        1, 1999.  Section 52 is effective the day following final 
        enactment and applies to new applications submitted after that 
        date.  The remainder of this act is effective the day following 
        final enactment. 
           Presented to the governor April 10, 1998 
           Signed by the governor April 21, 1998, 10:02 a.m.

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