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

                            CHAPTER 236-S.F.No. 2869 
                  An act relating to health; modifying fees for 
                  radioactive and nuclear material; approving state 
                  agreement with the Nuclear Regulatory Commission; 
                  providing a certain effective date; amending Minnesota 
                  Statutes 2002, section 144.1205, subdivisions 2, 4, 8, 
                  9; repealing Minnesota Statutes 2003 Supplement, 
                  section 144.1202, subdivision 4. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2002, section 144.1205, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ANNUAL FEE.] A licensee must pay an annual fee 
        at least 60 days before the anniversary date of the issuance of 
        the license.  The annual fee is an amount equal to 80 percent of 
        the application fee under subdivision 4, rounded to the nearest 
        whole dollar. as follows: 
                  TYPE                                       ANNUAL FEE
        Academic broad scope - type A                         $19,920
        Academic broad scope - type B                          19,920
        Academic broad scope - type C                          19,920
        Medical broad scope - type A                           19,920
        Medical institution - diagnostic and therapeutic        3,680
        Medical institution - diagnostic                             
          (no written directives)                               3,680
        Medical private practice - diagnostic and therapeutic   3,680
        Medical private practice - diagnostic (no written       3,680
          directives) 
        Eye applicators                                         3,680
        Nuclear medical vans                                    3,680
        High dose rate afterloader                              3,680
        Mobile high dose rate afterloader                       3,680
        Medical therapy - other emerging technology             3,680
        Teletherapy                                             8,960
        Gamma knife                                             8,960
        Veterinary medicine                                     2,000
        In vitro testing lab                                    2,000
        Nuclear pharmacy                                        8,800
        Radiopharmaceutical distribution (10 CFR 32.72)         3,840
        Radiopharmaceutical processing and                           
          distribution (10 CFR 32.72)                           8,800
        Medical sealed sources - distribution (10 CFR 32.74)    3,840
        Medical sealed sources - processing and                      
          distribution (10 CFR 32.74)                           8,800
        Well logging - sealed sources                           3,760
        Measuring systems - fixed gauge                         2,000
        Measuring systems - portable gauge                      2,000
        X-ray fluorescent analyzer                              1,520
        Measuring systems - gas chromatograph                   2,000
        Measuring systems - other                               2,000
        Broad scope manufacturing and distribution - type A    19,920
        Broad scope manufacturing and distribution - type B    17,600
        Broad scope manufacturing and distribution - type C    17,600
        Manufacturing and distribution - other                  5,280
        Nuclear laundry                                        18,640
        Decontamination services                                4,960
        Leak test services only                                 2,000
        Instrument calibration service only,                         
          less than 100 curies                                  2,000
        Instrument calibration service only,                         
          100 curies or more                                    2,000
        Service, maintenance, installation,                         
          source changes, etc.                                  4,960
        Waste disposal service, prepackaged only                6,000
        Waste disposal                                          8,320
        Distribution - general licensed                              
          devices (sealed sources)                              1,760
        Distribution - general licensed                              
          material (unsealed sources)                           1,120
        Industrial radiography - fixed location                 9,840
        Industrial radiography - temporary job sites            9,840
        Irradiators, self-shielding, less than 10,000 curies    2,880
        Irradiators, other, less than 10,000 curies             5,360
        Irradiators, self-shielding, 10,000 curies or more      2,880
        Research and development - type A broad scope           9,520
        Research and development - type B broad scope           9,520
        Research and development - type C broad scope           9,520
        Research and development - other                        4,480
        Storage - no operations                                 2,000
        Source material - shielding                               584
        Special nuclear material plutonium -                         
          neutron source in device                              3,680
        Pacemaker by-product and/or special nuclear                   
          material - medical (institution)                      3,680
        Pacemaker by-product and/or special nuclear                   
          material - manufacturing and distribution             5,280
        Accelerator-produced radioactive material               3,840
        Nonprofit educational institutions                        300
        General license registration                              150
           Sec. 2.  Minnesota Statutes 2002, section 144.1205, 
        subdivision 4, is amended to read: 
           Subd. 4.  [APPLICATION FEE.] A licensee must pay an 
        application fee as follows: 
        Radioactive material,  Application    U.S. Nuclear Regulatory
        source and             fee            Commission licensing
        special material                      category as reference
        Type A broadscope      $20,000        Medical institution type A
        Type B broadscope      $15,000        Research and development
                                              type B
        Type C broadscope      $10,000        Academic type C
        Medical use            $4,000         Medical
                                              Medical institution
                                              Medical private practice
        Mobile nuclear                                                 
        medical laboratory     $4,000         Mobile medical laboratory
        Medical special use                                     
        sealed sources         $6,000         Teletherapy
                                              High dose rate remote
                                              afterloaders
                                              Stereotactic
                                              radiosurgery devices
        In vitro testing       $2,300         In vitro testing
                                              laboratories
        Measuring gauge,
        sealed sources         $2,000         Fixed gauges
                                              Portable gauges
                                              Analytical instruments
                                              Measuring systems - other
        Gas chromatographs     $1,200         Gas chromatographs
        Manufacturing and 
        distribution           $14,700        Manufacturing and 
                                              distribution - other
        Distribution only      $8,800         Distribution of
                                              radioactive material
                                              for commercial use only
        Other services         $1,500         Other services
        Nuclear medicine 
        pharmacy               $4,100         Nuclear pharmacy
        Waste disposal         $9,400         Waste disposal service
                                              prepackage
                                              Waste disposal service
                                              processing/repackage
        Waste storage only     $7,000         To receive and store
                                              radioactive material waste
        Industrial
        radiography            $8,400         Industrial radiography
                                              fixed location
                                              Industrial radiography
                                              portable/temporary sites
        Irradiator - 
        self-shielded          $4,100         Irradiators self-shielded
                                              less than 10,000 curies
        Irradiator - 
        less than 10,000 Ci    $7,500         Irradiators less than
                                              10,000 curies
        Irradiator - 
        more than 10,000 Ci    $11,500        Irradiators greater than
                                              10,000 curies
        Research and
        development,
        no distribution        $4,100         Research and development
        Radioactive material 
        possession only        $1,000         Byproduct possession only
        Source material        $1,000         Source material shielding
        Special nuclear 
        material, less than 
        200 grams              $1,000         Special nuclear material
                                              plutonium-neutron sources
                                              less than 200 grams
        Pacemaker
        manufacturing          $1,000         Pacemaker byproduct
                                              and/or special nuclear
                                              material - medical
                                              institution
        General license
        distribution           $2,100         General license
                                              distribution
        General license 
        distribution, exempt   $1,500         General license 
                                              distribution -
                                              certain exempt items
        Academic, small        $1,000         Possession limit of ten
                                              radionuclides, not to
                                              exceed a total of one curie
                                              of activity
        Veterinary             $2,000         Veterinary use
        Well logging           $5,000         Well logging
                  TYPE                                   APPLICATION FEE
        Academic broad scope - type A                         $ 5,920
        Academic broad scope - type B                           5,920
        Academic broad scope - type C                           5,920
        Medical broad scope - type A                            3,920
        Medical institution - diagnostic and therapeutic        1,520
        Medical institution - diagnostic                             
          (no written directives)                               1,520
        Medical private practice - diagnostic and therapeutic   1,520
        Medical private practice - diagnostic (no written       1,520
          directives)
        Eye applicators                                         1,520
        Nuclear medical vans                                    1,520
        High dose rate afterloader                              1,520
        Mobile high dose rate afterloader                       1,520
        Medical therapy - other emerging technology             1,520
        Teletherapy                                             5,520
        Gamma knife                                             5,520
        Veterinary medicine                                       960
        In vitro testing lab                                      960
        Nuclear pharmacy                                        4,880
        Radiopharmaceutical distribution (10 CFR 32.72)         2,160
        Radiopharmaceutical processing and                           
          distribution (10 CFR 32.72)                           4,880
        Medical sealed sources - distribution (10 CFR 32.74)    2,160
        Medical sealed sources - processing and                      
          distribution (10 CFR 32.74)                           4,880
        Well logging - sealed sources                           1,600
        Measuring systems - fixed gauge                           960
        Measuring systems - portable gauge                        960
        X-ray fluorescent analyzer                                584
        Measuring systems - gas chromatograph                     960
        Measuring systems - other                                 960
        Broad scope manufacturing and distribution - type A     5,920
        Broad scope manufacturing and distribution - type B     5,920
        Broad scope manufacturing and distribution - type C     5,920
        Manufacturing and distribution - other                  2,320
        Nuclear laundry                                        10,080
        Decontamination services                                2,640
        Leak test services only                                   960
        Instrument calibration service only,                         
          less than 100 curies                                    960
        Instrument calibration service only,                         
          100 curies or more                                      960
        Service, maintenance, installation,                         
          source changes, etc.                                  2,640
        Waste disposal service, prepackaged only                2,240
        Waste disposal                                          1,520
        Distribution - general licensed                              
          devices (sealed sources)                                880
        Distribution - general licensed                              
          material (unsealed sources)                             520
        Industrial radiography - fixed location                 2,640
        Industrial radiography - temporary job sites            2,640
        Irradiators, self-shielding, less than 10,000 curies    1,440
        Irradiators, other, less than 10,000 curies             2,960
        Irradiators, self-shielding, 10,000 curies or more      1,440
        Research and development - type A broad scope           4,960
        Research and development - type B broad scope           4,960
        Research and development - type C broad scope           4,960
        Research and development - other                        2,400
        Storage - no operations                                   960
        Source material - shielding                               136
        Special nuclear material plutonium -                         
          neutron source in device                              1,200
        Pacemaker by-product and/or special nuclear                   
          material - medical (institution)                      1,200
        Pacemaker by-product and/or special nuclear                   
          material - manufacturing and distribution             2,320
        Accelerator-produced radioactive material               4,100
        Nonprofit educational institutions                        300
        General license registration                                0
        Industrial radiographer certification                     150
           Sec. 3.  Minnesota Statutes 2002, section 144.1205, 
        subdivision 8, is amended to read: 
           Subd. 8.  [RECIPROCITY FEE.] A licensee submitting an 
        application for reciprocal recognition of a materials license 
        issued by another agreement state or the United States Nuclear 
        Regulatory Commission for a period of 180 days or less during a 
        calendar year must pay one-half of the application fee specified 
        under subdivision 4 $1,200.  For a period of 181 days or more, 
        the licensee must pay the entire application fee obtain a 
        license under subdivision 4. 
           Sec. 4.  Minnesota Statutes 2002, section 144.1205, 
        subdivision 9, is amended to read: 
           Subd. 9.  [FEES FOR LICENSE AMENDMENTS.] A licensee must 
        pay a fee of $300 to amend a license as follows: 
           (1) to amend a license requiring no license review 
        including, but not limited to, facility name change or removal 
        of a previously authorized user, no fee; 
           (2) to amend a license requiring review including, but not 
        limited to, addition of isotopes, procedure changes, new 
        authorized users, or a new radiation safety officer, $200; and 
           (3) (2) to amend a license requiring review and a site 
        visit including, but not limited to, facility move or addition 
        of processes, $400. 
           Sec. 5.  [APPROVAL; AGREEMENT STATE APPLICATION AND RULES.] 
           The application for the agreement under Minnesota Statutes, 
        section 144.1202, subdivision 1, between the state of Minnesota 
        and the United States Nuclear Regulatory Commission is approved 
        as required under Minnesota Statutes, section 144.1202, 
        subdivision 4, paragraph (b), and the agreement may be 
        implemented. 
           Sec. 6.  [HOSPITAL CONSTRUCTION MORATORIUM EXEMPTION; 
        EFFECTIVE DATE.] 
           Laws 2004, chapter 187, is effective July 1, 2004. 
           Sec. 7.  [REPEALER.] 
           Minnesota Statutes 2003 Supplement, section 144.1202, 
        subdivision 4, is repealed. 
           Sec. 8.  [EFFECTIVE DATE.] 
           Sections 1 to 7 are effective the day following final 
        enactment. 
           Presented to the governor May 18, 2004 
           Signed by the governor May 29, 2004, 8:10 a.m.