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Office of the Revisor of Statutes

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

                            CHAPTER 324-S.F.No. 3352 
                  An act relating to the environment; amending 
                  provisions of the Dry Cleaner Environmental Response 
                  and Reimbursement Law; amending Minnesota Statutes 
                  2000, sections 115B.48, subdivision 5; 115B.49, 
                  subdivision 4. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 115B.48, 
        subdivision 5, is amended to read: 
           Subd. 5.  [DRYCLEANING SOLVENT.] "Drycleaning solvent" 
        means a chlorine- or hydrocarbon-based formulation or product 
        that is used as a primary cleaning agent in drycleaning 
        operations any nonaqueous solvent for use in the cleaning of 
        garments or other fabrics at a dry-cleaning facility, including, 
        but not limited to: 
           (1) perchloroethylene and its degradation products; and 
           (2) petroleum-based solvents and their degradation products.
           Sec. 2.  Minnesota Statutes 2000, section 115B.49, 
        subdivision 4, is amended to read: 
           Subd. 4.  [REGISTRATION; FEES.] (a) The owner or operator 
        of a drycleaning facility shall register on or before October 1 
        of each year with the commissioner of revenue in a manner 
        prescribed by the commissioner of revenue and pay a registration 
        fee for the facility.  The amount of the fee is: 
           (1) $500, for facilities with a full-time equivalence of 
        fewer than five; 
           (2) $1,000, for facilities with a full-time equivalence of 
        five to ten; and 
           (3) $1,500, for facilities with a full-time equivalence of 
        more than ten. 
           (b) A person who sells drycleaning solvents for use by 
        drycleaning facilities in the state shall collect and remit to 
        the commissioner of revenue in a manner prescribed by the 
        commissioner of revenue, on or before the 20th day of the month 
        following the month in which the sales of drycleaning solvents 
        are made, a fee of: 
           (1) $3.50 for each gallon of perchloroethylene sold for use 
        by drycleaning facilities in the state; and 
           (2) 70 cents for each gallon of hydrocarbon-based 
        drycleaning solvent sold for use by drycleaning facilities in 
        the state; and 
           (3) 35 cents for each gallon of other nonaqueous solvents 
        sold for use by dry-cleaning facilities in the state. 
           (c) To enforce this subdivision, the commissioner of 
        revenue may examine documents, assess and collect fees, conduct 
        investigations, issue subpoenas, grant extensions to file 
        returns and pay fees, impose penalties and interest on the 
        annual registration fee under paragraph (a) and the monthly fee 
        under paragraph (b), abate penalties and interest, and 
        administer appeals, in the manner provided in chapters 270 and 
        289A.  The penalties and interest imposed on taxes under chapter 
        297A apply to the fees imposed under this subdivision.  
        Disclosure of data collected by the commissioner of revenue 
        under this subdivision is governed by chapter 270B. 
           Sec. 3.  [EFFECTIVE DATE.] 
           Section 1 is effective on the day following final 
        enactment.  Section 2 is effective April 1, 2002. 
           Presented to the governor April 4, 2002 
           Signed by the governor April 8, 2002, 2:28 p.m.