1.1                          A bill for an act 
  1.2             relating to the organization and operation of state 
  1.3             government; appropriating money and adding and 
  1.4             modifying provisions relating to the environment, 
  1.5             natural resources, and agriculture; supplementing, 
  1.6             reducing, and modifying earlier appropriations; 
  1.7             providing for reports and fees; amending Minnesota 
  1.8             Statutes 1994, sections 17.117, subdivision 3; 17B.15, 
  1.9             subdivision 1; 18E.02, subdivision 5; 28A.04, 
  1.10            subdivision 1; 28A.09, subdivision 1; 28A.15, 
  1.11            subdivisions 7, 8, and by adding a subdivision; 
  1.12            28A.16; 28A.17; 32.21, subdivision 4; 32.394, 
  1.13            subdivision 8d, and by adding a subdivision; 32.415; 
  1.14            35.821, subdivision 3, and by adding a subdivision; 
  1.15            85.015, by adding a subdivision; 85.053, subdivision 
  1.16            7; 85.054, by adding a subdivision; 85.055, 
  1.17            subdivision 1; 94.16, subdivision 3; 97A.028, 
  1.18            subdivisions 1 and 3; 103D.345, by adding a 
  1.19            subdivision; 103G.405; and 161.1419, subdivision 2; 
  1.20            Minnesota Statutes 1995 Supplement, sections 28A.03; 
  1.21            28A.08, subdivision 1; 85.015, subdivision 7; 85.019, 
  1.22            subdivision 4a; 103F.725, subdivision 1a; and 446A.07, 
  1.23            subdivision 8; Laws 1995, chapters 207, article 1, 
  1.24            section 2, subdivision 7; 220, sections 5, subdivision 
  1.25            3; 19, subdivisions 4, 6, 10, and 19; and 254, article 
  1.26            1, section 93; proposing coding for new law in 
  1.27            Minnesota Statutes, chapters 17; 21; and 103F. 
  1.28  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.29  Section 1.  [ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.] 
  1.30     The sums in the columns headed "APPROPRIATIONS" are 
  1.31  appropriated from the general fund, or another named fund, to 
  1.32  the agencies and for the purposes specified to be available for 
  1.33  the fiscal years indicated for each purpose.  Amounts to be 
  1.34  reduced are designated by parentheses.  Fiscal year 1996 
  1.35  appropriations are available during the biennium ending June 30, 
  1.36  1997. 
  2.1                           SUMMARY BY FUND
  2.2                             1996          1997           TOTAL
  2.3   General                $1,858,000     $1,152,000     $3,010,000
  2.4   Solid Waste               150,000        629,000        779,000
  2.5   Minnesota Future
  2.6   Resources               3,258,000         -0-         3,258,000
  2.7   Environment and Natural
  2.8   Resources Trust         1,630,000         -0-         1,630,000
  2.9   Natural Resources       1,350,000         -0-         1,350,000
  2.10  Taconite Environmental
  2.11  Protection                750,000         -0-           750,000
  2.12  Permanent University                    (250,000)      (250,000)
  2.13  TOTAL                   8,996,000      1,531,000     10,527,000
  2.14                                             APPROPRIATIONS 
  2.15                                         Available for the Year 
  2.16                                             Ending June 30 
  2.17                                            1996         1997 
  2.18  Sec. 2.  POLLUTION CONTROL
  2.19  AGENCY                            $      309,000 $    264,000    
  2.20                Summary by Fund
  2.21  General                 250,000       -0-  
  2.22  Solid Waste              59,000       264,000
  2.23  $200,000 in fiscal year 1996 is for a 
  2.24  detailed assessment of the water 
  2.25  quality point source activities as 
  2.26  detailed in the 1995 blue ribbon task 
  2.27  force report to the legislature.  
  2.28  $50,000 in fiscal year 1996 is for 
  2.29  legal defense of a lawsuit relating to 
  2.30  the expansion of the Potlatch facility 
  2.31  in the city of Cook.  
  2.32  $59,000 in fiscal year 1996 and 
  2.33  $264,000 in fiscal year 1997 are from 
  2.34  the solid waste fund for insurance 
  2.35  claims settlement and recovery 
  2.36  associated with landfills in the 
  2.37  landfill cleanup program under 
  2.38  Minnesota Statutes, chapter 115B. 
  2.39  Sec. 3.  NATURAL RESOURCES             2,693,000      802,000
  2.40                Summary by Fund
  2.41  General                 593,000     1,052,000
  2.42  Natural Resources     1,350,000       -0-  
  2.43  Taconite Environmental
  2.44  Protection              750,000       -0-
  2.45  Permanent University      -0-        (250,000)                
  2.46  $20,000 in fiscal year 1997 is for 
  2.47  posting of state forest land boundaries 
  3.1   in the Richard J. Dorer Memorial 
  3.2   Hardwood state forest.  This 
  3.3   appropriation is to supplement, and not 
  3.4   supplant, existing posting activities. 
  3.5   $250,000 in fiscal year 1996 is for 
  3.6   grants to the counties of Aitkin, 
  3.7   Becker, Clearwater, Hubbard, and St. 
  3.8   Louis for reforestation, timber stand 
  3.9   improvements, forest road 
  3.10  reconstruction and maintenance, aerial 
  3.11  photography, and new forest inventories 
  3.12  in areas damaged by windstorms in July 
  3.13  1995.  Of this amount, $4,200 is for 
  3.14  Aitkin county, $113,300 is for Becker 
  3.15  county, $83,800 is for Clearwater 
  3.16  county, $7,000 is for Hubbard county, 
  3.17  and $41,700 is for St. Louis county. 
  3.18  $240,000 in fiscal year 1996 is for 
  3.19  unanticipated costs the department 
  3.20  incurred for the assessment of timber 
  3.21  damage, cleanup, reconstruction, 
  3.22  replacement of damaged natural 
  3.23  resources, facilities, and roads, 
  3.24  removal of damaged trees and other 
  3.25  storm debris, and the cleanup and 
  3.26  repair of state park facilities related 
  3.27  to July 1995 storm damage. 
  3.28  $250,000 in fiscal year 1997 is for 
  3.29  minerals resources management.  This 
  3.30  appropriation is added to the 
  3.31  appropriation in Laws 1995, chapter 
  3.32  220, section 5, subdivision 2. 
  3.33  $350,000 in fiscal year 1997 is for 
  3.34  parks and recreation management.  The 
  3.35  department shall implement an 
  3.36  electronic state park permit tracking 
  3.37  system in fiscal year 1997 in 
  3.38  accordance with the plan prepared under 
  3.39  Laws 1995, chapter 220, section 5, 
  3.40  subdivision 5.  The legislature intends 
  3.41  that the state park permit fee 
  3.42  increases in section 38 and increased 
  3.43  camping fees will raise $325,000 by 
  3.44  June 30, 1997. 
  3.45  $75,000 in fiscal year 1996 is for a 
  3.46  grant to Morrison county to address the 
  3.47  problem of water flow along the 
  3.48  easterly shoreline of the Mississippi 
  3.49  river near Highway 10 in Morrison 
  3.50  county.  This funding is to be utilized 
  3.51  by the St. Anthony Falls laboratory of 
  3.52  the University of Minnesota to conduct 
  3.53  a comprehensive analysis of what is 
  3.54  causing the accelerated sedimentation 
  3.55  in the river, and how the problem can 
  3.56  best be resolved. 
  3.57  $28,000 in fiscal year 1996 is for a 
  3.58  grant to the city of Warren in Marshall 
  3.59  county to construct two dams on the 
  3.60  Snake river within the city of Warren 
  3.61  in Marshall county. 
  3.62  $150,000 in fiscal year 1997 is for 
  3.63  maintenance of state trails. 
  4.1   The commissioner of natural resources 
  4.2   must complete a long range plan, to the 
  4.3   year 2025, that identifies trail 
  4.4   maintenance needs and proposed costs 
  4.5   for the statewide trail system under 
  4.6   Minnesota Statutes, section 85.015. 
  4.7   $1,350,000 in fiscal year 1996 is from 
  4.8   the all-terrain vehicle account in the 
  4.9   natural resources fund to plan, 
  4.10  acquire, develop, and operate the Iron 
  4.11  Range off-highway vehicle recreation 
  4.12  area and to conduct the feasibility 
  4.13  study, to be available until June 30, 
  4.14  1998.  This appropriation is contingent 
  4.15  on the city of Gilbert entering into an 
  4.16  agreement to lease the city-owned land 
  4.17  within the Iron Range off-highway 
  4.18  vehicle recreation area to the state 
  4.19  for $1 per year.  The lease term must 
  4.20  be at least ten years, and 
  4.21  notwithstanding Minnesota Statutes, 
  4.22  section 16B.24, subdivision 6, 
  4.23  paragraph (a), may be up to 20 years. 
  4.24  The commissioner of finance shall 
  4.25  transfer $675,000 from the off-road 
  4.26  vehicle account in the natural 
  4.27  resources fund to the all-terrain 
  4.28  vehicle account in the natural 
  4.29  resources fund, in one or more 
  4.30  installments, before July 1, 1998.  
  4.31  The commissioner of finance shall 
  4.32  transfer $135,000 from the off-highway 
  4.33  motorcycle account in the natural 
  4.34  resources fund to the all-terrain 
  4.35  vehicle account in the natural 
  4.36  resources fund, in one or more 
  4.37  installments, before July 1, 1998. 
  4.38  $750,000 in fiscal year 1996 is from 
  4.39  the taconite environmental protection 
  4.40  fund to acquire and develop the Iron 
  4.41  Range off-highway vehicle recreation 
  4.42  area. 
  4.43  The legislature hereby approves the 
  4.44  final plan for the integrated resource 
  4.45  management pilot project required in 
  4.46  Laws 1995, chapter 220, section 5, 
  4.47  subdivision 10. 
  4.48  $262,000 in fiscal year 1997 is to 
  4.49  partially restore a program reduction 
  4.50  made to the administrative, regional, 
  4.51  and support functions of the department.
  4.52  This appropriation is added to the 
  4.53  appropriation in Laws 1995, chapter 
  4.54  220, section 5, subdivision 9. 
  4.55  $20,000 in fiscal year 1997 is for 
  4.56  preparation of recommendations on the 
  4.57  reorganization of state and local 
  4.58  entities that protect and manage state 
  4.59  water resources. 
  4.60  Sec. 4.  AGRICULTURE                     670,000               
  4.61  $20,000 in fiscal year 1996 is for 
  4.62  purposes of the Minnesota dairy 
  5.1   producers board established in section 
  5.2   13.  Upon request of the board, the 
  5.3   commissioner shall release money for 
  5.4   appropriate expenditures of the board. 
  5.5   $50,000 in fiscal year 1996 is for a 
  5.6   grant to the Passing on the Farm Center 
  5.7   under Minnesota Statutes, section 
  5.8   17.985.  This appropriation is 
  5.9   available only to the extent it is 
  5.10  matched by nonstate money.  
  5.11  $75,000 in fiscal year 1996 is for a 
  5.12  grant to the central lakes agricultural 
  5.13  center for continuation and expansion 
  5.14  of a research project on potato blight. 
  5.15  This appropriation is available to the 
  5.16  extent that matching money in the 
  5.17  amount of $1 for every $2 of state 
  5.18  money is provided by nonstate sources. 
  5.19  $150,000 in fiscal year 1996 is for 
  5.20  grants to establish a one-on-one 
  5.21  educational delivery team system to 
  5.22  provide appropriate new technologies 
  5.23  applicable to all sizes of dairy farms 
  5.24  to farmers to enhance the financial 
  5.25  success and long-term sustainability of 
  5.26  dairy farms in the state.  The teams 
  5.27  must consist of farm business 
  5.28  management instructors, dairy extension 
  5.29  specialists, and dairy industry 
  5.30  partners to deliver the informational 
  5.31  and technological services.  Not later 
  5.32  than January 15, 1997, the commissioner 
  5.33  shall report to the agriculture and 
  5.34  environment and natural resources 
  5.35  finance committees of the house of 
  5.36  representatives and the agriculture and 
  5.37  rural development committee and the 
  5.38  finance division of the environmental 
  5.39  and natural resources committee of the 
  5.40  senate on the program under this 
  5.41  paragraph and the activities and the 
  5.42  findings of the dairy producers board. 
  5.43  $75,000 in fiscal year 1996 is for a 
  5.44  grant to a joint powers board formed 
  5.45  for the purpose of beaver damage 
  5.46  control that includes at least ten of 
  5.47  the following counties:  Beltrami, 
  5.48  Clay, Clearwater, Marshall, Pennington, 
  5.49  Polk, Red Lake, Mahnomen, Norman, 
  5.50  Becker, Hubbard, Itasca, Kittson, 
  5.51  Koochiching, St. Louis, Roseau, and 
  5.52  Lake of the Woods.  The grant must be 
  5.53  matched by at least $75,000 from the 
  5.54  joint powers board.  The joint powers 
  5.55  board may enter into an agreement with 
  5.56  the Red Lake Band of Chippewa Indians 
  5.57  for participation by the band in the 
  5.58  joint powers board's beaver damage 
  5.59  control program.  
  5.60  $25,000 in fiscal year 1996 is for a 
  5.61  contract with the Wabasha county 
  5.62  extension service for a pilot project 
  5.63  that will assist retiring farmers in 
  5.64  transferring their farms to beginning 
  5.65  farmers and provide educational and 
  5.66  social support necessary for the 
  6.1   transfer.  The project must bring 
  6.2   together retiring farmers and 
  6.3   prospective farmers; help the parties 
  6.4   negotiate agreements; monitor the 
  6.5   progress of matches; coordinate mentors 
  6.6   to provide beginning farmers with 
  6.7   expertise; and develop and implement an 
  6.8   educational farm management and peer 
  6.9   support program for beginning farmers.  
  6.10  The extension service shall coordinate 
  6.11  with other local and statewide 
  6.12  agricultural interest groups.  
  6.13  $200,000 in fiscal year 1996 is for 
  6.14  research and development of best 
  6.15  management practices for the production 
  6.16  of alfalfa, development of alfalfa 
  6.17  varieties that possess optimal energy 
  6.18  and protein-value characteristics, and 
  6.19  the development of value-added alfalfa 
  6.20  products.  The commissioner of 
  6.21  agriculture shall accomplish the 
  6.22  purposes of this appropriation through 
  6.23  a collaborative effort that includes 
  6.24  the participation of the University of 
  6.25  Minnesota, the Agricultural Utilization 
  6.26  Research Institute and other 
  6.27  appropriate public and private 
  6.28  organizations. 
  6.29  $75,000 in fiscal year 1996 is for 
  6.30  development and promotion of integrated 
  6.31  pest management in an urban environment.
  6.32  The urban integrated pest management 
  6.33  development and promotion program must 
  6.34  be coordinated with metropolitan state 
  6.35  university. 
  6.36  Sec. 5.  OFFICE OF STRATEGIC
  6.37  AND LONG-RANGE PLANNING                   20,000               
  6.38  $20,000 in fiscal year 1996 is for a 
  6.39  study by the environmental quality 
  6.40  board of the issue of environmental 
  6.41  justice, as the term is defined by the 
  6.42  United States Environmental Protection 
  6.43  Agency and as described in Executive 
  6.44  Order No. 12898, issued February 11, 
  6.45  1994.  As part of the study, the board 
  6.46  must consult with the Asian-Pacific 
  6.47  Minnesotans council, the council on 
  6.48  Black Minnesotans, the Indian affairs 
  6.49  council, the Spanish-speaking affairs 
  6.50  council, the attorney general, the 
  6.51  departments of human rights, trade and 
  6.52  economic development, health, natural 
  6.53  resources, and agriculture, the 
  6.54  pollution control agency, and 
  6.55  appropriate business and labor groups.  
  6.56  By January 1, 1997, the board must 
  6.57  report on the study to the senate and 
  6.58  house of representatives environment 
  6.59  and natural resources committees.  The 
  6.60  report must address whether any 
  6.61  environmental justice concerns exist in 
  6.62  the state and what, if any, legislative 
  6.63  actions should be taken to address any 
  6.64  identified concerns. 
  6.65  Sec. 6.  BOARD OF WATER AND 
  6.66  SOIL RESOURCES                           125,000               
  7.1   $125,000 in fiscal year 1996 is for a 
  7.2   grant to the Minnesota river basin 
  7.3   joint powers board for projects in the 
  7.4   Minnesota river basin, which may 
  7.5   include development of a recreation 
  7.6   plan.  This appropriation is contingent 
  7.7   on the joint powers board providing a 
  7.8   $75,000 match. 
  7.9   Sec. 7.  OFFICE OF ENVIRONMENTAL 
  7.10  ASSISTANCE                                              100,000
  7.11  $100,000 in fiscal year 1997 is for 
  7.12  transfer to the attorney general to 
  7.13  assist local governments in dealing 
  7.14  with legal issues that arise in the 
  7.15  course of implementing state solid 
  7.16  waste programs, and to assist local 
  7.17  governments in the defense of selected 
  7.18  lawsuits challenging local government 
  7.19  implementation of state solid waste 
  7.20  programs.  The attorney general shall 
  7.21  assign at least one full-time attorney 
  7.22  to provide assistance under this 
  7.23  program.  
  7.24  Sec. 8.  MINNESOTA RESOURCES 
  7.25  Subdivision 1.  Total Appropriation                   4,888,000 
  7.26                Summary by Fund
  7.27  Minnesota Future 
  7.28  Resources                           3,258,000
  7.29  Environment and
  7.30  Natural Resources 
  7.31  Trust                               1,630,000
  7.32  Unless otherwise provided, the amounts 
  7.33  in this section are available until 
  7.34  December 31, 1997, when projects must 
  7.35  be completed and final products 
  7.36  delivered. 
  7.37  Subd. 2.  Definitions
  7.38  (a) "Future resource fund" means the 
  7.39  Minnesota future resources fund in 
  7.40  Minnesota Statutes, section 116P.l3 
  7.41  (b) "Trust Fund" means the Minnesota 
  7.42  environment and natural resources trust 
  7.43  fund in Minnesota Statutes, section 
  7.44  116P.02, subdivision 6. 
  7.45  Subd. 3.  Parks and Trails
  7.46  (a) Metropolitan Regional Park System                 1,000,000 
  7.47  This appropriation is from the future 
  7.48  resources fund for payment by the 
  7.49  commissioner of natural resources to 
  7.50  the metropolitan council for subgrants 
  7.51  to rehabilitate, develop, acquire, and 
  7.52  retrofit the metropolitan regional park 
  7.53  system consistent with the metropolitan 
  7.54  council regional recreation open space 
  7.55  capital improvement program. 
  8.1   This appropriation may be used for the 
  8.2   purchase of homes only if the purchases 
  8.3   are expressly included in the work 
  8.4   program approved by the legislative 
  8.5   commission on Minnesota resources. 
  8.6   (b) State Park and Recreation 
  8.7   Area Acquisition                                      1,000,000
  8.8   This appropriation is from the trust 
  8.9   fund to the commissioner of natural 
  8.10  resources for acquisition of land 
  8.11  within the statutory boundaries of 
  8.12  state parks and recreation areas. 
  8.13  (c) Local Grants                                        895,000
  8.14  This appropriation is from the future 
  8.15  resources fund to the commissioner of 
  8.16  natural resources to provide matching 
  8.17  grants to local units of government for 
  8.18  local park and recreation areas; trail 
  8.19  linkages between communities, trails, 
  8.20  and parks; and at least $100,000 for 
  8.21  the conservation partners program as 
  8.22  provided in Laws 1995, chapter 220, 
  8.23  section 19, subdivision 4, paragraph 
  8.24  (e).  In addition to the required work 
  8.25  program, grants may not be approved 
  8.26  until grant proposals to be funded have 
  8.27  been submitted to the legislative 
  8.28  commission on Minnesota resources, and 
  8.29  the commission has either made a 
  8.30  recommendation or allowed 60 days to 
  8.31  pass without making a recommendation.  
  8.32  The above appropriations are available 
  8.33  half for the seven-county metropolitan 
  8.34  area and half for outside the 
  8.35  metropolitan area.  For the purposes of 
  8.36  this paragraph, match includes nonstate 
  8.37  contributions in either cash or in-kind.
  8.38  (d) Chippewa County Regional Trail                      410,000
  8.39  This appropriation is to the 
  8.40  commissioner of natural resources from 
  8.41  the future resources fund for a grant 
  8.42  to the city of Montevideo for 
  8.43  acquisition and development of the 
  8.44  Chippewa county regional trail. 
  8.45  Subd. 4.  Urban Natural Resources                               
  8.46  Greenway Corridors and Natural                        
  8.47  Areas Project                                            50,000
  8.48  This appropriation is to the 
  8.49  commissioner of natural resources from 
  8.50  the future resources fund, to be 
  8.51  administered through region six, for 
  8.52  the greenway corridors and natural 
  8.53  areas project.  The appropriation must 
  8.54  be used to develop a strategy to 
  8.55  protect and manage greenway corridors 
  8.56  and significant natural areas in the 
  8.57  seven-county metropolitan area. 
  8.58  Subd. 5.  Management Approaches
  8.59  Upper Mississippi River Assessment Project               57,000 
  9.1   This appropriation is from the future 
  9.2   resources fund to the commissioner of 
  9.3   natural resources to assist the 
  9.4   evaluation of the economic and 
  9.5   environmental sustainability of the 
  9.6   upper Mississippi river. 
  9.7   Subd. 6.  Natural Resource Data
  9.8   (a) Public Internet Access to Data and Information      360,000 
  9.9   This appropriation is from the future 
  9.10  resources fund to the commissioner of 
  9.11  natural resources for a joint project 
  9.12  with the pollution control agency to 
  9.13  provide public access via the internet 
  9.14  to natural resource, environmental, and 
  9.15  ecosystem data and information. 
  9.16  (b) Assessment of Wetland Regulations                    15,000
  9.17  This appropriation is from the future 
  9.18  resources fund to the board of soil and 
  9.19  water resources, to be available until 
  9.20  June 30, 1997, for a contract to assess 
  9.21  the economic impact of wetland 
  9.22  regulations on property values, in 
  9.23  connection with a study by the wetland 
  9.24  heritage advisory committee of the 
  9.25  issue of compensation to landowners for 
  9.26  costs, including reduced property 
  9.27  values, resulting from regulation under 
  9.28  state law of draining and filling of 
  9.29  wetlands.  The wetland heritage 
  9.30  advisory committee shall conduct the 
  9.31  study in consultation with the attorney 
  9.32  general and representatives of property 
  9.33  rights groups and taxpayers groups.  
  9.34  The board of water and soil resources 
  9.35  shall report on the study by November 
  9.36  1, 1996, to the chairs of the senate 
  9.37  committees on agriculture and rural 
  9.38  development and environment and natural 
  9.39  resources, the finance division of the 
  9.40  senate committee on environment and 
  9.41  natural resources, and the house 
  9.42  committees on environment and natural 
  9.43  resources, agriculture, and environment 
  9.44  and natural resources finance.  The 
  9.45  report must include recommendations for 
  9.46  legislation to address weaknesses 
  9.47  identified. 
  9.48  Subd. 7.  Wildlife
  9.49  (a) RIM - Accelerate Critical Habitat 
  9.50  Match Program                                           750,000
  9.51  $630,000 of this appropriation is from 
  9.52  the environment and natural resources 
  9.53  trust fund and $120,000 is from the 
  9.54  future resources fund to the 
  9.55  commissioner of natural resources for 
  9.56  activities authorized by Minnesota 
  9.57  Statutes, section 84.943. Projects must 
  9.58  occur in both urban and rural areas. 
  9.59  (b) Investigation of deformed 
  9.60  frogs in Minnesota                                      151,000 
  9.61  This appropriation is from the future 
 10.1   resources fund to the commissioner of 
 10.2   the pollution control agency to 
 10.3   investigate the health of frog 
 10.4   populations and evaluate the causes of 
 10.5   frog deformities. 
 10.6   $28,000 of this appropriation is for a 
 10.7   grant to the Center for Global 
 10.8   Environmental Education at Hamline 
 10.9   University to be used to work with 
 10.10  schools and other organizations, 
 10.11  including the study of frogs as 
 10.12  environmental indicators. 
 10.13  (c) Niemackl Watershed Improvement                      200,000 
 10.14  This appropriation is from the future 
 10.15  resources fund to the commissioner of 
 10.16  natural resources to continue the 
 10.17  restoration of the Niemackl watershed 
 10.18  by improvement of water quality, flood 
 10.19  reduction, fish and wildlife habitat, 
 10.20  and recreation through citizen 
 10.21  participation with federal, state and 
 10.22  local governments, and nongovernment 
 10.23  agencies. 
 10.24  Subd. 8.  Project Requirements
 10.25  It is a condition of acceptance of the 
 10.26  appropriations in this section that any 
 10.27  agency or entity receiving the 
 10.28  appropriation must comply with 
 10.29  Minnesota Statutes, chapter 116P, and 
 10.30  Laws 1995, chapter 220, section 19, 
 10.31  subdivisions 17, 18, and 20. 
 10.32  Subd. 9.  Carryforward
 10.33  The availability of the appropriations 
 10.34  for the following projects is extended 
 10.35  to December 31, 1997, when projects 
 10.36  must be completed and final products 
 10.37  delivered:  Laws 1995, chapter 220, 
 10.38  section 19, subdivision 5, paragraph 
 10.39  (g), mercury deposition and lake 
 10.40  quality trends; Laws 1994, chapter 632, 
 10.41  article 2, section 6, Silver Bay 
 10.42  harbor; and Laws 1993, chapter 172, 
 10.43  section 14, subdivision 10, paragraph 
 10.44  (o), Lake Superior safe 
 10.45  harbors-continuation. 
 10.46  Sec. 9.  UNIVERSITY OF      
 10.47  MINNESOTA                                200,000               
 10.48  $50,000 in fiscal year 1996 is for 
 10.49  funding of continued research and 
 10.50  development on improved turf grasses to 
 10.51  be produced in Minnesota.  The agronomy 
 10.52  department shall continue its 
 10.53  collaboration with turf seed-producing 
 10.54  and seed-marketing companies in the 
 10.55  state.  
 10.56  $150,000 in fiscal year 1996 is for the 
 10.57  Minnesota institute for sustainable 
 10.58  agriculture for the purposes of section 
 10.59  11, including the establishment of a 
 10.60  pilot regional agricultural sustainable 
 10.61  development center.  By February 15, 
 11.1   1997, the institute must report to the 
 11.2   senate committee on agriculture and 
 11.3   rural development and the finance 
 11.4   division of the environment and natural 
 11.5   resources committee, and the house of 
 11.6   representatives committees on 
 11.7   agriculture and environment and natural 
 11.8   resources finance on the development of 
 11.9   the pilot center.  The report must 
 11.10  include an analysis of nonstate 
 11.11  financing sources that may be available 
 11.12  to match state appropriations for the 
 11.13  program in future years. 
 11.14  Sec. 10.  ATTORNEY GENERAL               91,000         365,000
 11.15  This appropriation is from the solid 
 11.16  waste fund for insurance claims 
 11.17  settlement and recovery associated with 
 11.18  landfills in the landfill cleanup 
 11.19  program under Minnesota Statutes, 
 11.20  chapter 115B. 
 11.21     Sec. 11.  [17.1161] [SUSTAINABLE DEVELOPMENT OF MINNESOTA 
 11.22  AGRICULTURE PROGRAM.] 
 11.23     Subdivision 1.  [ESTABLISHMENT; FRAMEWORK.] The Minnesota 
 11.24  institute for sustainable agriculture shall establish a 
 11.25  framework for participatory problem-solving in local communities 
 11.26  throughout rural Minnesota that will strengthen the connection 
 11.27  between local communities, regions, and the land-grant 
 11.28  university; invest research, education, and outreach dollars to 
 11.29  meet agreed-upon local and regional needs; and foster the 
 11.30  development of integrated agricultural systems that are 
 11.31  profitable, enhance environmental quality, and support rural 
 11.32  communities.  The framework must include regional, 
 11.33  community-controlled agricultural sustainable development 
 11.34  centers located at University of Minnesota regional experiment 
 11.35  stations.  At each center, the Minnesota institute for 
 11.36  sustainable agriculture shall facilitate the development of a 
 11.37  leadership team comprised of farmers, researchers, public 
 11.38  agencies, and other local community representatives to identify 
 11.39  problems, chart trends in problems over time, and develop an 
 11.40  understanding of the agricultural system as a whole, common 
 11.41  goals for development of the system, and five-year action plans 
 11.42  to address those goals.  The Minnesota institute for sustainable 
 11.43  agriculture shall appoint a statewide oversight group of persons 
 11.44  with a thorough knowledge of agriculture-related issues, 
 12.1   including farmers' organizations, commodity groups, rural 
 12.2   economic development groups, the department of agriculture and 
 12.3   other public agencies, academic personnel, the agricultural 
 12.4   utilization research institute, the Minnesota extension service, 
 12.5   and representatives from each regional leadership team.  The 
 12.6   oversight group shall review and comment on the regional 
 12.7   centers' action plans and integrate them into a comprehensive 
 12.8   agenda for long-term basic and applied research, education, and 
 12.9   outreach activities.  The oversight group shall use this agenda 
 12.10  to make recommendations on the allocation of funds for regional 
 12.11  or statewide use.  The Minnesota institute for sustainable 
 12.12  agriculture board of directors shall review and give final 
 12.13  approval of the allocation of funds after consultation with the 
 12.14  dean of the college of agricultural, food, and environmental 
 12.15  sciences at the University of Minnesota. 
 12.16     Subd. 2.  [PROGRAM AREAS.] Long-term research and education 
 12.17  activities must be focused in four program areas: 
 12.18     (1) sustainable cropping systems; 
 12.19     (2) development of markets and agriculture-related 
 12.20  businesses; 
 12.21     (3) sustainable livestock systems; and 
 12.22     (4) intergenerational transfer in agriculture. 
 12.23     Sec. 12.  Minnesota Statutes 1994, section 17.117, 
 12.24  subdivision 3, is amended to read: 
 12.25     Subd. 3.  [APPROPRIATIONS.] Up to ~~$20,000,000~~ $40,000,000 
 12.26  of the balance in the water pollution control revolving fund in 
 12.27  section 446A.07, as determined by the public facilities 
 12.28  authority, is appropriated to the commissioner for the 
 12.29  establishment of this program. 
 12.30     Sec. 13.  [17.76] [MINNESOTA DAIRY PRODUCERS BOARD.] 
 12.31     Subdivision 1.  [ESTABLISHMENT; COMPOSITION; OFFICERS.] (a) 
 12.32  The Minnesota dairy producers board consists of 17 members.  
 12.33  Fourteen of the members must be eligible family dairy producers. 
 12.34  Three of the members must represent food consumer groups.  For 
 12.35  purposes of this section, "eligible family dairy producer" means 
 12.36  a natural person who daily manages and operates a dairy farm 
 13.1   owned by the person.  "Eligible family dairy producer" does not 
 13.2   include a person who is currently an employee of or a member of 
 13.3   the board of directors of an organization involved in milk 
 13.4   processing or dairy marketing. 
 13.5      (b) The board shall elect from among its members a chair 
 13.6   and other appropriate officers. 
 13.7      Subd. 2.  [APPOINTMENT; TERMS; COMPENSATION.] (a) Two 
 13.8   members of the board shall be appointed by each of seven 
 13.9   organizations representing agriculture in Minnesota.  The 
 13.10  organizations are: 
 13.11     Minnesota Farms Union; 
 13.12     National Farmers Organization; 
 13.13     Farmers Union Milk Marketing Cooperative; 
 13.14     Minnesota Milk Producers; 
 13.15     Sustainable Farming Association of Minnesota; 
 13.16     Minnesota Farm Bureau; and 
 13.17     Minnesota COACT. 
 13.18     One member of the board shall be appointed by each of three 
 13.19  organizations representing consumers in Minnesota.  The 
 13.20  organizations are: 
 13.21     Minnesota Food Association; 
 13.22     Minnesota Senior Federation; and 
 13.23     Minnesota COACT. 
 13.24     To the extent practicable, the members must be selected to 
 13.25  represent the broad diversity of Minnesota's dairy producers. 
 13.26     (b) The terms and compensation of members and reimbursement 
 13.27  for their expenses is governed by section 15.059. 
 13.28     Subd. 3.  [DUTIES.] (a) The board shall monitor economic 
 13.29  aspects of the dairy production, processing, and marketing 
 13.30  process including: 
 13.31     (1) the movement of milk by processors; 
 13.32     (2) price setting at the Green Bay, Wisconsin, cheese 
 13.33  exchange; 
 13.34     (3) processor pricing schemes; 
 13.35     (4) producer checkoffs and the use of checkoff funds; 
 13.36     (5) federal and state pricing policy; and 
 14.1      (6) other activities that affect the farm gate price of raw 
 14.2   milk. 
 14.3      (b) The board shall regularly educate producers, 
 14.4   processors, consumers, and policymakers about the reasons for 
 14.5   inadequate raw milk prices. 
 14.6      (c) The board shall conduct quarterly surveys of dairy 
 14.7   producers to identify problems created by milk prices that do 
 14.8   not provide a fair return on the investment of producers.  The 
 14.9   board must compile the information from these surveys and 
 14.10  recommend solutions to producers. 
 14.11     (d) The board shall determine dairy production costs in 
 14.12  each county through periodic surveys and from local 
 14.13  organizations of producers. 
 14.14     (e) The board shall serves as an advocate for dairy 
 14.15  producers in assuring that members of cooperatives are awarded 
 14.16  protections similar to the rights of members of cooperative 
 14.17  electric associations under section 216B.027. 
 14.18     Sec. 14.  Minnesota Statutes 1994, section 17B.15, 
 14.19  subdivision 1, is amended to read: 
 14.20     Subdivision 1.  [ADMINISTRATION; APPROPRIATION.] The fees 
 14.21  for inspection and weighing shall be fixed by the commissioner 
 14.22  and be a lien upon the grain.  The commissioner shall set fees 
 14.23  for all inspection and weighing in an amount adequate to pay the 
 14.24  expenses of carrying out and enforcing the purposes of sections 
 14.25  17B.01 to 17B.23, including the portion of general support costs 
 14.26  and statewide indirect costs of the agency attributable to that 
 14.27  function, with a reserve sufficient for up to six months.  The 
 14.28  commissioner shall review the fee schedule twice each year.  Fee 
 14.29  adjustments are not subject to chapter 14.  Payment shall be 
 14.30  required for services rendered.  If the grain is in transit, the 
 14.31  fees shall be paid by the carrier and treated as advance 
 14.32  charges, and, if received for storage, the fees shall be paid by 
 14.33  the warehouse operator, and added to the storage charges. 
 14.34     All fees collected and all fines and penalties for 
 14.35  violation of any provision of this chapter shall be deposited in 
 14.36  the grain inspection and weighing account, which is created in 
 15.1   the state treasury for carrying out the purpose of sections 
 15.2   17B.01 to 17B.23.  The money in the account, including interest 
 15.3   earned on the account, is annually appropriated to the 
 15.4   commissioner of agriculture to administer the provisions of 
 15.5   sections 17B.01 to 17B.23.  When money from any other account is 
 15.6   used to administer sections 17B.01 to 17B.23, the commissioner 
 15.7   shall notify the chairs of the agriculture, environment and 
 15.8   natural resources finance, and ways and means committees of the 
 15.9   house of representatives; the agriculture and rural development 
 15.10  and finance committees of the senate; and the finance division 
 15.11  of the environment and natural resources committee of the senate.
 15.12     Sec. 15.  Minnesota Statutes 1994, section 18E.02, 
 15.13  subdivision 5, is amended to read: 
 15.14     Subd. 5.  [ELIGIBLE PERSON.] "Eligible person" means: 
 15.15     (1) a responsible party or an owner of real property, but 
 15.16  does not include the state, a state agency, a political 
 15.17  subdivision of the state, except as provided in clause (2), the 
 15.18  federal government, or an agency of the federal government; ~~or~~ 
 15.19     (2) the owners of municipal airports at Perham, Madison, 
 15.20  and Hector, Minnesota where a licensed aerial pesticide 
 15.21  applicator has caused an incident through storage, handling, or 
 15.22  distribution operations for agricultural chemicals if (i) the 
 15.23  commissioner has determined that corrective action is necessary 
 15.24  and (ii) the commissioner determines, and the agricultural 
 15.25  chemical response compensation board concurs, that based on an 
 15.26  affirmative showing made by the owner, a responsible party 
 15.27  cannot be identified or the identified responsible party is 
 15.28  unable to comply with an order for corrective action~~.~~; or 
 15.29     ~~The commissioner and the agricultural chemical response~~ 
 15.30  ~~compensation board must study and report to the legislative~~ 
 15.31  ~~water commission by January, 1994, the effect on the~~ 
 15.32  ~~agricultural chemical response and reimbursement account of~~ 
 15.33  ~~including other owners of municipal airports as eligible persons~~ 
 15.34  ~~under this chapter.~~ 
 15.35     (3) a person involved in a transaction relating to real 
 15.36  property who is not a responsible party or owner of the real 
 16.1   property and who voluntarily takes corrective action on the 
 16.2   property in response to a request or order for corrective action 
 16.3   from the commissioner, except an owner of a municipal airport 
 16.4   not listed in clause (2). 
 16.5      Sec. 16.  [21.901] [BRAND NAME REGISTRATION.] 
 16.6      The owner or originator of a variety of nonhybrid seed that 
 16.7   is to be sold in this state must annually register the variety 
 16.8   with the commissioner if the variety is to be sold only under a 
 16.9   brand name.  The registration must include the brand name and 
 16.10  the variety of seed.  The brand name for a blend or mixture need 
 16.11  not be registered. 
 16.12     The fee is $15 for each variety registered for sale by 
 16.13  brand name. 
 16.14     Sec. 17.  Minnesota Statutes 1995 Supplement, section 
 16.15  28A.03, is amended to read: 
 16.16     28A.03 [DEFINITIONS.] 
 16.17     ~~As used in~~ Subdivision 1.  [SCOPE.] The definitions in this 
 16.18  section apply to sections 28A.01 to 28A.16 ~~the terms defined in~~ 
 16.19  ~~this section shall have the following meanings:~~. 
 16.20     ~~(a)~~ Subd. 2.  [COMMISSIONER.] "Commissioner" means the 
 16.21  commissioner of agriculture ~~of the state of Minnesota~~. 
 16.22     ~~(b)~~ Subd. 3.  [PERSON.] "Person" means any individual, 
 16.23  firm, corporation, company, association, cooperative, or 
 16.24  partnership and includes any trustee, receiver, assignee, or 
 16.25  other similar representative thereof. 
 16.26     ~~(c)~~ Subd. 4.  [PLACE OF BUSINESS.] "Place of business" 
 16.27  means every location where food or food items are manufactured, 
 16.28  processed, sold, stored, or handled, including buildings, 
 16.29  locations, permanent or portable structures, carnivals, 
 16.30  circuses, fairs, or any other permanent or temporary location. 
 16.31     Any vehicle or similar mobile unit from which food is sold 
 16.32  shall be considered a place of business for purposes of this 
 16.33  section if the food therefrom has been manufactured, packaged or 
 16.34  dispensed from bulk, or processed in any manner thereon. 
 16.35     ~~(d)~~ Subd. 5.  [FOOD.] "Food" includes every article used 
 16.36  for, entering into the consumption of, or used or intended for 
 17.1   use in the preparation of food, drink, confectionery, or 
 17.2   condiment for humans, whether simple, mixed or compound. 
 17.3      ~~(1)~~ (a) "Perishable food" is food which includes, but is 
 17.4   not limited to fresh fruits, fresh vegetables, and other 
 17.5   products which need protection from extremes of temperatures in 
 17.6   order to avoid decomposition by microbial growth or otherwise. 
 17.7      ~~(2)~~ (b) "Readily perishable food" is food or a food 
 17.8   ingredient consisting in whole or in part of milk, milk 
 17.9   products, eggs, meat, fish, poultry or other food or food 
 17.10  ingredient which is capable of supporting rapid and progressive 
 17.11  growth of infectious or toxigenic microorganisms. 
 17.12     ~~(3)~~ (c) "Frozen food" is food which is processed and 
 17.13  preserved by freezing in accordance with good commercial 
 17.14  practices and which is intended to be sold in the frozen state. 
 17.15     ~~(4)~~ (d) For the purposes of this definition, packaged food 
 17.16  in hermetically sealed containers processed by heat to prevent 
 17.17  spoilage; packaged pickles; jellies, jams and condiments in 
 17.18  sealed containers; bakery products such as bread, rolls, buns, 
 17.19  donuts, fruit-filled pies and pastries; dehydrated packaged 
 17.20  food; and dry or packaged food so low in moisture content as to 
 17.21  preclude development of microorganisms are not "perishable 
 17.22  food," "readily perishable food," or "frozen food" within the 
 17.23  meaning of ~~definitions (1), (2) and (3) herein~~ paragraphs (a), 
 17.24  (b), and (c), when they are stored and handled in accordance 
 17.25  with good commercial practices. 
 17.26     (e) "Nonperishable food" is food described in paragraph (d) 
 17.27  with a shelf life of more than 90 days. 
 17.28     ~~(e)~~ Subd. 6.  [SELL; SALE.] "Sell" and "sale" 
 17.29  ~~includes~~ include the keeping, offering, or exposing for sale, 
 17.30  use, transporting, transferring, negotiating, soliciting, or 
 17.31  exchange of food, the having in possession with intent to sell, 
 17.32  use, transport, negotiate, solicit, or exchange the same and the 
 17.33  storing, or carrying thereof in aid of traffic therein whether 
 17.34  done or permitted in person or through others. 
 17.35     ~~(f)~~ Subd. 7.  [PRINCIPAL MODE OF BUSINESS.] "Principal mode 
 17.36  of business" means that type of business described under ~~either~~ 
 18.1   paragraph (a), (b), (c) or (d) in section 28A.05 within which 
 18.2   category the greatest amount of the applicant's food business 
 18.3   lies. 
 18.4      ~~(g)~~ Subd. 8.  [CUSTOM PROCESSOR.] "Custom processor"  means 
 18.5   a person who slaughters animals or processes noninspected meat 
 18.6   for the owner of the animals, and returns the meat products 
 18.7   derived from the slaughter or processing to the owner.  "Custom 
 18.8   processor" does not include a person who slaughters animals or 
 18.9   poultry or processes meat for the owner of the animals or 
 18.10  poultry on the farm or premises of the owner of the animals, 
 18.11  meat, or poultry.  For the purpose of this clause, "animals" or 
 18.12  "meat" do not include poultry or game animals or meat derived 
 18.13  therefrom. 
 18.14     ~~(h)~~ Subd. 9.  [MAJOR VIOLATIONS.] "Major violation" 
 18.15  includes conditions that cause food products to become 
 18.16  adulterated, as defined in section 31.121, or fraudulently 
 18.17  misbranded, as defined in section 31.123.  
 18.18     Sec. 18.  Minnesota Statutes 1994, section 28A.04, 
 18.19  subdivision 1, is amended to read: 
 18.20     Subdivision 1.  [APPLICATION; DATE OF ISSUANCE.] No person 
 18.21  shall engage in the business of manufacturing, processing, 
 18.22  selling, handling, or storing food without having first obtained 
 18.23  from the commissioner a license for doing such business.  
 18.24  Applications for such license shall be made to the commissioner 
 18.25  in such manner and time as required and upon such forms as 
 18.26  provided by the commissioner and shall contain the name and 
 18.27  address of the applicant, address or description of each place 
 18.28  of business, and the nature of the business to be conducted at 
 18.29  each place, and such other pertinent information as the 
 18.30  commissioner may require. 
 18.31     A retail or wholesale food handler license shall be issued 
 18.32  for the period July 1 to June 30 following and shall be renewed 
 18.33  thereafter by the licensee on or before July 1 each year, except 
 18.34  that licenses for all mobile food concession units and retail 
 18.35  mobile units shall be issued for the period April 1 to March 31, 
 18.36  and shall be renewed thereafter by the licensee on or before 
 19.1   April 1 each year.  A license for a food broker or for a food 
 19.2   processor or manufacturer shall be issued for the period January 
 19.3   1 to December 31 following and shall be renewed thereafter by 
 19.4   the licensee on or before January 1 of each year.  A penalty for 
 19.5   a late renewal shall be assessed in accordance with section 
 19.6   28A.08. 
 19.7      Sec. 19.  Minnesota Statutes 1995 Supplement, section 
 19.8   28A.08, subdivision 1, is amended to read: 
 19.9      Subdivision 1.  [GENERAL.] License fees, penalties for late 
 19.10  renewal of licenses, and penalties for not obtaining a license 
 19.11  before conducting business in food handling that are set in this 
 19.12  section apply to the sections named except as provided under 
 19.13  section 28A.09.  Except as specified herein, bonds and 
 19.14  assessments based on number of units operated or volume handled 
 19.15  or processed which are provided for in said laws shall not be 
 19.16  affected, nor shall any penalties for late payment of said 
 19.17  assessments, nor shall inspection fees, be affected by this 
 19.18  chapter.  The penalties may be waived by the commissioner.  Fees 
 19.19  for all new licenses must be based on the anticipated future 
 19.20  gross annual food sales.  
 19.21     Sec. 20.  Minnesota Statutes 1994, section 28A.09, 
 19.22  subdivision 1, is amended to read: 
 19.23     Subdivision 1.  [ANNUAL FEE; EXCEPTIONS.] Every 
 19.24  coin-operated food vending machine is subject to an annual state 
 19.25  inspection fee of $15 for each nonexempt machine except nut 
 19.26  vending machines which are subject to an annual state inspection 
 19.27  fee of $5 for each machine, provided that: 
 19.28     (a) Food vending machines may be inspected by either a home 
 19.29  rule charter or statutory city, or a county, but not both, and 
 19.30  if inspected by a home rule charter or statutory city, or a 
 19.31  county they shall not be subject to the state inspection fee, 
 19.32  but the home rule charter or statutory city, or the county may 
 19.33  impose an inspection or license fee of no more than the state 
 19.34  inspection fee.  A home rule charter or statutory city or county 
 19.35  that does not inspect food vending machines shall not impose a 
 19.36  food vending machine inspection or license fee. 
 20.1      (b) Vending machines dispensing only gum balls, hard candy, 
 20.2   unsorted ~~confections~~ candy, or ice manufactured and packaged by 
 20.3   another shall be exempt from the state inspection fee, but may 
 20.4   be inspected by the state.  A home rule charter or statutory 
 20.5   city may impose by ordinance an inspection or license fee of no 
 20.6   more than the state inspection fee for nonexempt machines on the 
 20.7   vending machines described in this paragraph.  A county may 
 20.8   impose by ordinance an inspection or license fee of no more than 
 20.9   the state inspection fee for nonexempt machines on the vending 
 20.10  machines described in this paragraph which are not located in a 
 20.11  home rule charter or statutory city.  
 20.12     (c) Vending machines dispensing only bottled or canned soft 
 20.13  drinks are exempt from the state, home rule charter or statutory 
 20.14  city, and county inspection fees, but may be inspected by the 
 20.15  commissioner or the commissioner's designee. 
 20.16     Sec. 21.  Minnesota Statutes 1994, section 28A.15, 
 20.17  subdivision 7, is amended to read: 
 20.18     Subd. 7.  Persons whose principal business is not food 
 20.19  handling but who sell only ice manufactured and prepackaged by 
 20.20  another ~~or~~, ~~such nonperishable items as~~ bottled or canned soft 
 20.21  drinks, prepackaged ~~confections~~ candy or nuts at retail, or 
 20.22  persons who for their own convenience or the convenience of 
 20.23  their employees have available for rehydration and consumption 
 20.24  on the premises such nonperishable items as dehydrated coffee, 
 20.25  soup, hot chocolate or other dehydrated food or beverage. 
 20.26     Sec. 22.  Minnesota Statutes 1994, section 28A.15, 
 20.27  subdivision 8, is amended to read: 
 20.28     Subd. 8.  A licensed pharmacy selling only food additives, 
 20.29  food supplements, canned or prepackaged infant formulae, ice 
 20.30  manufactured and packaged by another, or ~~such nonperishable food~~ 
 20.31  ~~items as~~ bottled or canned soft drinks and prepackaged 
 20.32  ~~confections~~ candy or nuts at retail. 
 20.33     Sec. 23.  Minnesota Statutes 1994, section 28A.15, is 
 20.34  amended by adding a subdivision to read: 
 20.35     Subd. 9.  An individual who prepares and sells food that is 
 20.36  not potentially hazardous food, as defined in rules adopted 
 21.1   under section 31.11, at a community event or farmer's market on 
 21.2   ten or fewer days in a calendar year and with gross receipts of 
 21.3   $1,000 or less in a calendar year.  If the food is not prepared 
 21.4   in a kitchen that is licensed or inspected, the seller must post 
 21.5   a visible sign or placard stating that:  "These products are 
 21.6   homemade and not inspected." 
 21.7      Sec. 24.  Minnesota Statutes 1994, section 28A.16, is 
 21.8   amended to read: 
 21.9      28A.16 [PERSONS SELLING LIQUOR.] 
 21.10     The provisions of the Minnesota consolidated food licensing 
 21.11  law, sections 28A.01 to 28A.16 and acts amendatory thereto, 
 21.12  shall not apply to persons licensed to sell 3.2 percent malt 
 21.13  liquor "on-sale" as provided in section 340A.403, or to persons 
 21.14  licensed to sell intoxicating liquors "on-sale" or "off-sale" as 
 21.15  provided in sections 340A.404 to 340A.407, provided that these 
 21.16  persons sell only ice manufactured and packaged by another, or 
 21.17  ~~such nonperishable food items as~~ bottled or canned soft drinks 
 21.18  and prepacked ~~confections~~ candy at retail.  
 21.19     Sec. 25.  Minnesota Statutes 1994, section 28A.17, is 
 21.20  amended to read: 
 21.21     28A.17 [LICENSE RENEWAL.] 
 21.22     Licenses for food processors or manufacturers or food 
 21.23  brokers shall be renewed annually on January 1.  Licenses for 
 21.24  retail and wholesale food handlers shall be renewed annually on 
 21.25  July 1.  Licenses for mobile food concessions and for retail 
 21.26  mobile units shall be renewed annually on April 1. 
 21.27     Sec. 26.  Minnesota Statutes 1994, section 32.21, 
 21.28  subdivision 4, is amended to read: 
 21.29     Subd. 4.  [PENALTIES.] (a) A person, other than a milk 
 21.30  producer, who violates this section is guilty of a misdemeanor 
 21.31  or subject to a civil penalty up to $1,000. 
 21.32     (b) A milk producer may not change milk plants within 30 
 21.33  days, without permission of the commissioner, after receiving 
 21.34  notification from the commissioner under paragraph (c) or (d) 
 21.35  that the milk producer has violated this section. 
 21.36     (c) A milk producer who violates subdivision 3, clause (1), 
 22.1   (2), (3), (4), or (5), is subject to clauses (1) to (3) of this 
 22.2   paragraph. 
 22.3      (1) Upon notification of the first violation in a 12-month 
 22.4   period, the producer must meet with the dairy plant field 
 22.5   service representative to initiate corrective action within 30 
 22.6   days. 
 22.7      (2) Upon the second violation within a 12-month period, the 
 22.8   producer is subject to a civil penalty of $300.  The 
 22.9   commissioner shall notify the producer by certified mail stating 
 22.10  the penalty is payable in 30 days, the consequences of failure 
 22.11  to pay the penalty, and the consequences of future violations. 
 22.12     (3) Upon the third violation within a 12-month period, the 
 22.13  producer is subject to an additional civil penalty of $300 and 
 22.14  possible revocation of the producer's permit or certification.  
 22.15  The commissioner shall notify the producer by certified mail 
 22.16  that all civil penalties owed must be paid within 30 days and 
 22.17  that the commissioner is initiating administrative procedures to 
 22.18  revoke the producer's permit or certification to sell milk for 
 22.19  at least 30 days. 
 22.20     (d) The producer's shipment of milk must be immediately 
 22.21  suspended if the producer is identified as an individual source 
 22.22  of milk containing residues causing a bulk load of milk to test 
 22.23  positive in violation of subdivision 3, clause (6) or (7).  
 22.24  Shipment may resume only after subsequent milk has been sampled 
 22.25  by the commissioner or the commissioner's agent and found to 
 22.26  contain no residues above established tolerances or safe levels. 
 22.27     The producer remains eligible only for manufacturing grade 
 22.28  until the producer completes the "Milk and Dairy Beef Residue 
 22.29  Prevention Protocol" with a licensed veterinarian, displays the 
 22.30  signed certificate in the milkhouse, and sends verification to 
 22.31  the commissioner.  A milk producer ~~who violates~~ whose milk 
 22.32  supply is in violation of subdivision 3, clause (6) or (7), and 
 22.33  has caused a bulk load to test positive is subject to clauses 
 22.34  (1) to (3) of this paragraph.  
 22.35     (1) For the first violation in a 12-month period, a 
 22.36  ~~producer shall not receive payment for any milk contaminated or~~ 
 23.1   ~~the equivalent of at least the value of two days' milk~~ 
 23.2   ~~production on that farm.  Milk purchased for use from the~~ 
 23.3   ~~producer during the two-day penalty period will be assessed a~~ 
 23.4   ~~civil penalty equal to the minimum value of that milk and is~~ 
 23.5   ~~payable to the commissioner by the dairy plant or marketing~~ 
 23.6   ~~organization who purchases the milk.  The producer remains~~ 
 23.7   ~~eligible only for manufacturing grade until the producer~~ 
 23.8   ~~completes the "Milk and Dairy Beef Residue Prevention Protocol"~~ 
 23.9   ~~with a licensed veterinarian, displays the signed certificate in~~ 
 23.10  ~~the milkhouse, and sends verification to the commissioner.  To~~ 
 23.11  ~~maintain a permit or certification to market milk, this program~~ 
 23.12  ~~must be completed within 30 days~~ dairy plant may collect from 
 23.13  the responsible producer the value of the contaminated truck 
 23.14  load of milk.  If the amount collected by the plant is less than 
 23.15  two days of milk production on that farm, then the commissioner 
 23.16  must assess the difference as a civil penalty payable by the 
 23.17  plant or marketing organization on behalf of the responsible 
 23.18  producer. 
 23.19     (2) For the second violation in a 12-month period, a 
 23.20  ~~producer shall not receive payment for any milk contaminated or~~ 
 23.21  ~~the equivalent of at least the value of four days' milk~~ 
 23.22  ~~production on that farm.  Milk purchased for use from the~~ 
 23.23  ~~producer during the four-day penalty period will be assessed a~~ 
 23.24  ~~civil penalty equal to the minimum value of that milk and is~~ 
 23.25  ~~payable to the commissioner by the dairy plant or marketing~~ 
 23.26  ~~organization who purchases the milk.  The producer remains~~ 
 23.27  ~~eligible only for manufacturing grade until the producer reviews~~ 
 23.28  ~~the "Milk and Dairy Beef Residue Prevention Protocol" with a~~ 
 23.29  ~~licensed veterinarian, displays the updated certificate in the~~ 
 23.30  ~~milkhouse, and sends verification to the commissioner.  To~~ 
 23.31  ~~maintain a permit or certification to market milk, this program~~ 
 23.32  ~~must be reviewed within 30 days~~ dairy plant may collect from the 
 23.33  responsible producer the value of the contaminated truck load of 
 23.34  milk.  If the amount collected by the plant is less than four 
 23.35  days of milk production on that farm, then the commissioner must 
 23.36  assess the difference as a civil penalty payable by the plant or 
 24.1   marketing organization on behalf of the responsible producer. 
 24.2      (3) For the third violation in a 12-month period, a 
 24.3   ~~producer shall not receive payment for any milk contaminated or~~ 
 24.4   ~~the equivalent of at least the value of four days' milk~~ 
 24.5   ~~production on that farm.  Milk purchased for use from the~~ 
 24.6   ~~producer during the four-day penalty period will be assessed a~~ 
 24.7   ~~civil penalty equal to the minimum value of that milk and is~~ 
 24.8   ~~payable to the commissioner by the dairy plant or marketing~~ 
 24.9   ~~organization who purchases the milk.  The producer remains~~ 
 24.10  ~~eligible only for manufacturing grade until the producer reviews~~ 
 24.11  ~~the "Milk and Dairy Beef Residue Prevention Protocol" with a~~ 
 24.12  ~~licensed veterinarian, displays the updated certificate in the~~ 
 24.13  ~~milkhouse, and sends verification to the commissioner.  To~~ 
 24.14  ~~maintain a permit or certification to market milk, this program~~ 
 24.15  ~~must be reviewed within 30 days~~ dairy plant may collect from the 
 24.16  responsible producer the value of the contaminated load of milk. 
 24.17  If the amount collected by the plant is less than four days of 
 24.18  milk production on that farm, then the commissioner must assess 
 24.19  the difference as a civil penalty payable by the plant or 
 24.20  marketing organization on behalf of the responsible producer.  
 24.21  The commissioner shall also notify the producer by certified 
 24.22  mail that the commissioner is initiating administrative 
 24.23  procedures to revoke the producer's ~~permit or~~ 
 24.24  ~~certification~~ right to sell milk for a minimum of 30 days.  
 24.25     (4) If a bulk load of milk tests negative for residues and 
 24.26  there is a positive producer sample on the load, no civil 
 24.27  penalties may be assessed to the producer.  The plant must 
 24.28  report the positive result within 24 hours and reject further 
 24.29  milk shipments from that producer until the producer's milk 
 24.30  tests negative.  The department shall suspend the producer's 
 24.31  permit and count the violation on the producer's record.  The 
 24.32  producer remains eligible only for manufacturing grade until the 
 24.33  producer reviews the "Milk and Dairy Beef Residue Prevention 
 24.34  Protocol" with a licensed veterinarian.  To maintain a permit or 
 24.35  certification to market milk, this program must be reviewed 
 24.36  within 30 days. 
 25.1      (e) A milk producer that has been certified as completing 
 25.2   the "Milk and Dairy Beef Residue Prevention Protocol" within 12 
 25.3   months of the first violation of subdivision 3, clause (7), need 
 25.4   only review the cause of the violation with a field service 
 25.5   representative within three days to maintain shipping status if 
 25.6   all other requirements of this section are met. 
 25.7      (f) Civil penalties collected under this section must be 
 25.8   deposited in the milk inspection services account established in 
 25.9   this chapter. 
 25.10     Sec. 27.  Minnesota Statutes 1994, section 32.394, 
 25.11  subdivision 8d, is amended to read: 
 25.12     Subd. 8d.  [PROCESSOR ASSESSMENT.] (a) A manufacturer shall 
 25.13  pay to the commissioner a fee for fluid milk processed and milk 
 25.14  used in the manufacture of fluid milk products sold for retail 
 25.15  sale in Minnesota.  Beginning May 1, 1993, the fee is six cents 
 25.16  per hundredweight.  If the commissioner determines that a 
 25.17  different fee, not less than five cents and not more than nine 
 25.18  cents per hundredweight, when combined with general fund 
 25.19  appropriations and fees charged under sections 31.39 and 32.394, 
 25.20  subdivision 8, is needed to provide adequate funding for the 
 25.21  Grades A and B inspection programs and the administration and 
 25.22  enforcement of Laws 1993, chapter 65, the commissioner may, by 
 25.23  rule, change the fee on processors within the range provided 
 25.24  within this subdivision. 
 25.25     (b) Processors must report quantities of milk processed 
 25.26  under paragraph (a) on forms provided by the commissioner.  
 25.27  Processor fees must be paid monthly.  The commissioner may 
 25.28  require the production of records as necessary to determine 
 25.29  compliance with this subdivision. 
 25.30     (c) The commissioner may create within the department a 
 25.31  dairy consulting program to provide assistance to dairy 
 25.32  producers who are experiencing problems meeting the sanitation 
 25.33  and quality requirements of the dairy laws and rules. 
 25.34     The commissioner may use money appropriated from the dairy 
 25.35  services account created in subdivision 9 to pay for the program 
 25.36  authorized in this paragraph. 
 26.1      Sec. 28.  Minnesota Statutes 1994, section 32.394, is 
 26.2   amended by adding a subdivision to read: 
 26.3      Subd. 8e.  [FARM BULK MILK PICK-UP TANKERS.] Farm bulk milk 
 26.4   pick-up tankers must be inspected and obtain a permit issued by 
 26.5   the commissioner annually by July 1.  The owner or operator must 
 26.6   pay a $25 permit fee per tanker to the commissioner.  The 
 26.7   commissioner may appoint such persons as the commissioner deems 
 26.8   qualified to make inspections. 
 26.9      Sec. 29.  Minnesota Statutes 1994, section 32.415, is 
 26.10  amended to read: 
 26.11     32.415 [MILK FOR MANUFACTURING; QUALITY STANDARDS.] 
 26.12     (a) The commissioner may adopt rules to provide uniform 
 26.13  quality standards, and producers of milk used for manufacturing 
 26.14  purposes shall conform to the standards contained in Subparts B, 
 26.15  C, D, E, and F of the United States Department of Agriculture 
 26.16  Consumer and Marketing Service Recommended Requirements for Milk 
 26.17  for Manufacturing Purposes and its Production and Processing, 
 26.18  Vol. 37 Federal Register, No. 68, Part II, April 7, 1972, ~~with~~ 
 26.19  ~~the following exceptions:~~  
 26.20     ~~(1) inspections of producers shall begin not later than~~ 
 26.21  ~~January 1, 1984;~~ 
 26.22     ~~(2) producers shall comply with the standards not later~~ 
 26.23  ~~than July 1, 1985, except as otherwise allowed under the~~ 
 26.24  ~~standards; and~~ 
 26.25     ~~(3)~~ as revised through March 1, 1996, except that the 
 26.26  commissioner shall develop methods by which producers can comply 
 26.27  with the standards without violation of religious beliefs.  
 26.28     (b) The commissioner shall perform or contract for the 
 26.29  performance of the inspections necessary to implement this 
 26.30  section or shall certify dairy industry personnel to perform the 
 26.31  inspections.  
 26.32     (c) The commissioner and other employees of the department 
 26.33  shall make every reasonable effort to assist producers in 
 26.34  achieving the milk quality standards at minimum cost and to use 
 26.35  the experience and expertise of the University of Minnesota and 
 26.36  the agricultural extension service to assist producers in 
 27.1   achieving the milk quality standards in the most cost-effective 
 27.2   manner.  
 27.3      (d) The commissioner shall consult with producers, 
 27.4   processors, and others involved in the dairy industry in order 
 27.5   to prepare for the implementation of this section including 
 27.6   development of informational and educational materials, 
 27.7   meetings, and other methods of informing producers about the 
 27.8   implementation of standards under this section. 
 27.9      Sec. 30.  Minnesota Statutes 1994, section 35.821, 
 27.10  subdivision 3, is amended to read: 
 27.11     Subd. 3.  [BRAND.] "Brand" means a permanent identification 
 27.12  mark, of which the letters, numbers, and figures used are each 
 27.13  four inches or more in length or diameter and applied using the 
 27.14  technique of freeze branding or burned into the hide of a live 
 27.15  animal with a hot iron, which is to be considered in relation to 
 27.16  its location on the animal.  The term relates to both the mark 
 27.17  burned into the hide and its location.  In the case of sheep, 
 27.18  the term includes, but is not limited to, a painted mark which 
 27.19  is renewed after each shearing. 
 27.20     Sec. 31.  Minnesota Statutes 1994, section 35.821, is 
 27.21  amended by adding a subdivision to read: 
 27.22     Subd. 3a.  [FREEZE BRANDING.] "Freeze branding" means the 
 27.23  application of an intensely cold iron to the hide of a live 
 27.24  animal. 
 27.25     Sec. 32.  [OFF-HIGHWAY VEHICLE RECREATION AREA.] 
 27.26     Subdivision 1.  [DEFINITION.] For purposes of this act, 
 27.27  "off-highway vehicle" means an all-terrain vehicle, an 
 27.28  off-highway motorcycle, or an off-road vehicle as those terms 
 27.29  are defined in Minnesota Statutes, chapter 84. 
 27.30     Subd. 2.  [85.013] [Subd. 12a.] [IRON RANGE OFF-HIGHWAY 
 27.31  VEHICLE RECREATION AREA.] The Iron Range off-highway vehicle 
 27.32  recreation area is established in St. Louis county. 
 27.33     Subd. 3.  [ACQUISITION AND MANAGEMENT.] The commissioner of 
 27.34  natural resources is authorized to acquire by gift or purchase 
 27.35  the lands for the Iron Range off-highway vehicle recreation 
 27.36  area.  The commissioner shall manage the unit as a state 
 28.1   recreation area as provided by Minnesota Statutes, section 
 28.2   86A.05, subdivision 3.  The commissioner or the commissioner's 
 28.3   designee in the trails and waterways division of the department 
 28.4   of natural resources shall develop and manage the area for 
 28.5   off-highway vehicle recreational use.  
 28.6      Subd. 4.  [ADVISORY COMMITTEE.] (a) A local area advisory 
 28.7   committee is established to provide direction on the 
 28.8   establishment, planning, development, and operation of the Iron 
 28.9   Range off-highway vehicle recreation area.  Except as provided 
 28.10  in paragraph (b), the commissioner of natural resources shall 
 28.11  appoint the members of the advisory committee. 
 28.12     (b) Membership on the advisory committee shall include: 
 28.13     (1) a representative of the all-terrain vehicle association 
 28.14  of Minnesota; 
 28.15     (2) a representative of the amateur riders of motorcycles 
 28.16  association; 
 28.17     (3) a representative of the Minnesota four-wheel drive 
 28.18  association; 
 28.19     (4) a representative of the St. Louis county board; 
 28.20     (5) a state representative appointed by the speaker of the 
 28.21  house of representatives; 
 28.22     (6) a state senator appointed by the senate committee on 
 28.23  committees; 
 28.24     (7) a designee of the local environmental community 
 28.25  selected by the area environmental organizations; 
 28.26     (8) a designee of the local tourism community selected by 
 28.27  the iron trail convention and visitors bureau; and 
 28.28     (9) a representative of the Tower regional office of the 
 28.29  department of natural resources. 
 28.30     (c) The advisory committee shall elect its own chair and 
 28.31  meetings shall be at the call of the chair. 
 28.32     (d) The advisory committee members shall serve as 
 28.33  volunteers and accept no per diem. 
 28.34     Subd. 5.  [MANAGEMENT PLAN.] The commissioner and the local 
 28.35  area advisory committee shall cooperatively develop a 
 28.36  comprehensive management plan that provides for:  
 29.1      (1) multiple use recreation for off-highway vehicles; 
 29.2      (2) protection of natural resources; 
 29.3      (3) limited timber management; 
 29.4      (4) land acquisition needs; and 
 29.5      (5) road and facility development.  
 29.6      The completed management plan shall serve as the master 
 29.7   plan for purposes of Minnesota Statutes, section 86A.09.  
 29.8      Subd. 6.  [BOUNDARIES.] The following described lands are 
 29.9   located within the boundaries of the Iron Range off-highway 
 29.10  vehicle recreation area:  
 29.11     That part of St. Louis county, Minnesota, lying within:  
 29.12  Section 25, Township 58 North, Range 17 West.  
 29.13     EXCEPT the North Half of the Northeast Quarter.  
 29.14     EXCEPT the Northwest Quarter.  
 29.15     EXCEPT the Northwest Quarter of the Southwest Quarter.  
 29.16     EXCEPT the Southwest Quarter of the Southwest Quarter lying 
 29.17  north of the Duluth Missabe and Iron Range Railroad.  
 29.18  Section 26, Township 58 North, Range 17 West.  
 29.19     EXCEPT the Northeast Quarter.  
 29.20     EXCEPT the Northwest Quarter.  
 29.21     EXCEPT the Southwest Quarter.  
 29.22     EXCEPT the Southeast Quarter, 100 feet along the east side 
 29.23  of the quarter.  
 29.24  Section 35, Township 58 North, Range 17 West.  
 29.25     EXCEPT the Northwest Quarter.  
 29.26     EXCEPT the Southwest Quarter.  
 29.27     EXCEPT the Southeast Quarter.  
 29.28     EXCEPT the West 970 feet of the Northeast Quarter of the 
 29.29  Northeast Quarter.  
 29.30     EXCEPT the Northwest Quarter of the Northeast Quarter.  
 29.31  Section 36, Township 58 North, Range 17 West.  
 29.32     EXCEPT the Southeast Quarter of the Southwest Quarter.  
 29.33     Subd. 7.  [ADOPT-A-RECREATION AREA.] The commissioner shall 
 29.34  utilize Minnesota Statutes, section 85.045, as much as possible 
 29.35  in developing and operating the Iron Range off-highway vehicle 
 29.36  recreation area.  
 30.1      Subd. 8.  [FEASIBILITY STUDY.] The trails and waterways 
 30.2   division of the department of natural resources in consultation 
 30.3   with the local area advisory committee shall conduct a study to 
 30.4   identify additional sites to expand the Iron Range off-highway 
 30.5   vehicle recreation area and to determine the feasibility of 
 30.6   acquiring, developing, and connecting the sites.  
 30.7      Subd. 9.  [VEHICLES MUST BE REGISTERED.] An off-highway 
 30.8   vehicle being operated in the Iron Range off-highway vehicle 
 30.9   recreation area must be properly registered under Minnesota 
 30.10  Statutes, chapter 84. 
 30.11     Sec. 33.  Minnesota Statutes 1995 Supplement, section 
 30.12  85.015, subdivision 7, is amended to read: 
 30.13     Subd. 7.  [BLUFFLANDS TRAIL SYSTEM, FILLMORE, OLMSTED, 
 30.14  WINONA, AND HOUSTON COUNTIES.] (a) The Root River trail shall 
 30.15  originate at Chatfield in Fillmore county, and thence extend 
 30.16  easterly in the Root river valley to the intersection of the 
 30.17  river with Minnesota trunk highway No. 26 in Houston county, and 
 30.18  extend to the Mississippi river.  
 30.19     (b) Additional trails shall be established that extend the 
 30.20  Blufflands Trail System to include La Crescent, Hokah, 
 30.21  Caledonia, and Spring Grove in Houston county; Preston, Harmony, 
 30.22  Fountain, Wykoff, Spring Valley, Mabel, Canton, and Ostrander in 
 30.23  Fillmore county; Dover, Eyota, Stewartville, Byron, and Chester 
 30.24  Woods county park in Olmsted county; and Winona, Minnesota City, 
 30.25  Rollingstone, Altura, Lewiston, Utica, St. Charles, and Elba in 
 30.26  Winona county.  In addition to the criteria in section 86A.05, 
 30.27  subdivision 4, these trails must utilize abandoned railroad 
 30.28  rights-of-way where possible. 
 30.29     (c) The trails shall be developed primarily for 
 30.30  nonmotorized riding and hiking. 
 30.31     Sec. 34.  Minnesota Statutes 1994, section 85.015, is 
 30.32  amended by adding a subdivision to read: 
 30.33     Subd. 19.  [BLAZING STAR TRAIL, FREEBORN AND MOWER 
 30.34  COUNTIES.] (a) The trail shall originate in the city of Albert 
 30.35  Lea and extend to the city of Austin. 
 30.36     (b) The trail shall be developed primarily for hiking and 
 31.1   nonmotorized riding. 
 31.2      Sec. 35.  Minnesota Statutes 1995 Supplement, section 
 31.3   85.019, subdivision 4a, is amended to read: 
 31.4      Subd. 4a.  [NATURAL AND SCENIC AREAS.] The commissioner 
 31.5   shall administer a program to provide grants to units of 
 31.6   government and school districts for the acquisition and 
 31.7   betterment of natural and scenic areas such as blufflands, 
 31.8   prairies, shorelands, wetlands, and wooded areas.  A grant may 
 31.9   not exceed 50 percent or ~~$50,000~~ $200,000, whichever is less, of 
 31.10  the costs of acquisition and betterment of land acquired under 
 31.11  this subdivision. 
 31.12     Sec. 36.  Minnesota Statutes 1994, section 85.053, 
 31.13  subdivision 7, is amended to read: 
 31.14     Subd. 7.  [HANDICAPPED PERSONS ~~AND PERSONS OVER AGE 65~~.] 
 31.15  (a) The commissioner shall prescribe and issue special state 
 31.16  park permits for:  
 31.17     (1) ~~an individual age 65 years or older who furnishes~~ 
 31.18  ~~satisfactory proof of age and is a resident of the state;~~ 
 31.19     ~~(2)~~ a physically handicapped person with a motor vehicle (i)
 31.20  that has special plates issued under section 168.021, 
 31.21  subdivision 1, or (ii) who has a permanent disability 
 31.22  certificate issued under section 169.345, subdivision 3, and who 
 31.23  can demonstrate proof of ownership of the vehicle for which the 
 31.24  state park permit is being purchased or proof of a leasehold 
 31.25  interest in the vehicle for a term at least as long as the term 
 31.26  of the permit; and 
 31.27     ~~(3)~~ (2) a physically handicapped person who:  (i) does not 
 31.28  own or operate a motor vehicle; (ii) possesses a statement 
 31.29  certified under section 169.345, subdivision 2a; and (iii) 
 31.30  applies to the commissioner in writing.  
 31.31     (b) Except for vehicles permitted under paragraph (a), 
 31.32  clause (3), the permit or the decal issued under this 
 31.33  subdivision is valid only when displayed on a vehicle owned and 
 31.34  occupied by the person to whom the permit is issued. 
 31.35     Sec. 37.  Minnesota Statutes 1994, section 85.054, is 
 31.36  amended by adding a subdivision to read: 
 32.1      Subd. 6.  [IRON RANGE OFF-HIGHWAY VEHICLE RECREATION AREA.] 
 32.2   A state park permit is not required and a fee may not be charged 
 32.3   for motor vehicle entry or parking at the Iron Range off-highway 
 32.4   vehicle recreation area, except that the commissioner may 
 32.5   establish special event fees. 
 32.6      Sec. 38.  Minnesota Statutes 1994, section 85.055, 
 32.7   subdivision 1, is amended to read: 
 32.8      Subdivision 1.  [FEES.] The fee for state park permits for: 
 32.9      (1) an annual use of state parks is ~~$18~~ $20; 
 32.10     (2) a second vehicle state park permit is ~~$12~~ $15; 
 32.11     (3) a ~~special~~ state park permit valid up to two days is $4; 
 32.12     (4) a ~~special~~ daily vehicle state park permit for groups is 
 32.13  $2; 
 32.14     (5) an employee's state park permit is without charge; and 
 32.15     (6) a ~~special~~ state park permit for handicapped persons ~~and~~ 
 32.16  ~~persons over age 65~~ under section 85.053, subdivision 7, clauses 
 32.17  (1)~~,~~ and (2)~~, and (3)~~, is $12.  
 32.18     The fees specified in this subdivision include any sales 
 32.19  tax required by state law. 
 32.20     Sec. 39.  Minnesota Statutes 1994, section 94.16, 
 32.21  subdivision 3, is amended to read: 
 32.22     Subd. 3.  [PROCEEDS FROM NATURAL RESOURCES LAND.] The 
 32.23  remainder of the proceeds from the sale of lands that were under 
 32.24  the control and supervision of the commissioner of natural 
 32.25  resources shall be credited to the land acquisition account in 
 32.26  the natural resources fund. 
 32.27     Sec. 40.  Minnesota Statutes 1994, section 97A.028, 
 32.28  subdivision 1, is amended to read: 
 32.29     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
 32.30  subdivision apply to this section. 
 32.31     (b) "Agricultural crops" means annually seeded crops, 
 32.32  legumes, fruit orchards, tree farms and nurseries, turf farms, 
 32.33  and apiaries. 
 32.34     (c) "Parcel" has the meaning given in section 272.03, 
 32.35  subdivision 6. 
 32.36     (d) "Specialty crops" means fruit orchards, vegetables, 
 33.1   tree farms and nurseries, turf farms, and apiaries. 
 33.2      Sec. 41.  Minnesota Statutes 1994, section 97A.028, 
 33.3   subdivision 3, is amended to read: 
 33.4      Subd. 3.  [EMERGENCY DETERRENT MATERIALS ASSISTANCE.] (a) 
 33.5   For the purposes of this subdivision, "cooperative damage 
 33.6   management agreement" means an agreement between a landowner or 
 33.7   tenant and the commissioner that establishes a program for 
 33.8   addressing the problem of destruction of the landowner's or 
 33.9   tenant's specialty crops by wild animals ~~on the landowner's~~ 
 33.10  ~~property~~. 
 33.11     (b) A ~~person~~ landowner or tenant may apply to the 
 33.12  commissioner for emergency deterrent materials assistance in 
 33.13  controlling destruction of the landowner's or tenant's specialty 
 33.14  crops by wild animals.  Subject to the availability of money 
 33.15  appropriated for this purpose, the commissioner shall provide 
 33.16  suitable deterrent materials~~, up to $3,000 in value per~~ 
 33.17  ~~individual or corporation,~~ when the commissioner determines that:
 33.18     (1) immediate action is necessary to prevent significant 
 33.19  damage from continuing; and 
 33.20     (2) a cooperative damage management agreement cannot be 
 33.21  implemented immediately. 
 33.22     (c) A person may receive emergency deterrent materials 
 33.23  assistance under this subdivision more than once, but the 
 33.24  cumulative total value of deterrent materials provided to a 
 33.25  person, or for use on a parcel, may not exceed $3,000.  If a 
 33.26  person is a coowner or cotenant with respect to the specialty 
 33.27  crops for which the deterrent materials are provided, the 
 33.28  deterrent materials are deemed to be "provided" to the person 
 33.29  for the purposes of this paragraph. 
 33.30     (d) As a condition of receiving emergency deterrent 
 33.31  materials assistance under this subdivision, a landowner or 
 33.32  tenant shall enter into a cooperative damage management 
 33.33  agreement with the commissioner.  Deterrent materials provided 
 33.34  by the commissioner may include repellents, fencing materials, 
 33.35  or other materials recommended in the agreement to alleviate the 
 33.36  damage problem.  If requested by a landowner or tenant, any 
 34.1   fencing materials provided must be capable of providing 
 34.2   long-term protection of specialty crops.  ~~A landowner may not~~ 
 34.3   ~~receive emergency deterrent materials assistance under this~~ 
 34.4   ~~subdivision more than once.~~  A landowner or tenant who receives 
 34.5   emergency deterrent materials assistance under this subdivision 
 34.6   shall comply with the terms of the cooperative damage management 
 34.7   agreement. 
 34.8      Sec. 42.  Minnesota Statutes 1994, section 103D.345, is 
 34.9   amended by adding a subdivision to read: 
 34.10     Subd. 5.  [APPLICABILITY OF PERMIT REQUIREMENTS TO 
 34.11  STATE.] A rule adopted by the managers that requires a permit 
 34.12  for an activity applies to the department of transportation. 
 34.13     Sec. 43.  [103F.378] [MINNESOTA RIVER BASIN JOINT POWERS 
 34.14  BOARD.] 
 34.15     Subdivision 1.  [DUTIES.] The Minnesota river basin joint 
 34.16  powers board, established under section 471.59 for the purpose 
 34.17  of coordinating efforts to improve water quality in the 
 34.18  Minnesota river and achieving the goal of making the Minnesota 
 34.19  river suitable for fishing and swimming by the year 2005, has 
 34.20  the following duties: 
 34.21     (1) coordination of comprehensive cleanup goals for the 
 34.22  Minnesota river by coordinating the work plans of the 12 major 
 34.23  watersheds and the member counties of the joint powers board, 
 34.24  state agencies, and the University of Minnesota in cleanup 
 34.25  efforts and submission of periodic river cleanup plans for 
 34.26  submission to the governor and the legislature; 
 34.27     (2) advising on the development and use of monitoring and 
 34.28  evaluation systems in the Minnesota river and the incorporation 
 34.29  of the data obtained from these systems into the planning 
 34.30  process; 
 34.31     (3) conducting public meetings of the board on at least a 
 34.32  quarterly basis at locations within the Minnesota river basin; 
 34.33     (4) conducting an ongoing information and education program 
 34.34  concerning the status of the Minnesota river, including an 
 34.35  annual conference on the state of the Minnesota river; and 
 34.36     (5) providing periodic reports and budget requests to the 
 35.1   governor's office and the chairs of the agriculture and 
 35.2   environment and natural resources committees of the senate and 
 35.3   the house of representatives regarding progress on meeting river 
 35.4   water quality management goals and future funding required for 
 35.5   this effort. 
 35.6      Subd. 2.  [MEMBERSHIP.] Upon acceptance of the joint powers 
 35.7   agreement, each member county that agrees to join the board 
 35.8   shall have one county commissioner as its delegate to the board 
 35.9   and one county commissioner as an alternate.  A technical and 
 35.10  citizen advisory committee shall be established to advise the 
 35.11  board consisting of a technical representative from each of the 
 35.12  counties in the basin and citizens who are not county employees 
 35.13  but who have an interest in agriculture, conservation, sporting 
 35.14  activities, and other relevant areas as determined by the board. 
 35.15     Sec. 44.  Minnesota Statutes 1995 Supplement, section 
 35.16  103F.725, subdivision 1a, is amended to read: 
 35.17     Subd. 1a.  [FINANCIAL ASSISTANCE; LOANS.] (a) Up to 
 35.18  ~~$12,000,000~~ $24,000,000 of the balance in the water pollution 
 35.19  control revolving fund in section 446A.07, as determined by the 
 35.20  public facilities authority shall be appropriated to the 
 35.21  commissioner for the establishment of a clean water partnership 
 35.22  loan program. 
 35.23     (b) The agency may award loans for up to 100 percent of the 
 35.24  costs associated with activities identified by the agency as 
 35.25  best management practices pursuant to section 319 and section 
 35.26  320 of the federal Water Quality Act of 1987, as amended, 
 35.27  including associated administrative costs. 
 35.28     (c) Loans may be used to finance clean water partnership 
 35.29  grant project eligible costs not funded by grant assistance. 
 35.30     (d) The interest rate, at or below market rate, and the 
 35.31  term, not to exceed 20 years, shall be determined by the agency 
 35.32  in consultation with the public facilities authority. 
 35.33     (e) The repayment must be deposited in the water pollution 
 35.34  control revolving fund under section 446A.07. 
 35.35     (f) The local unit of government receiving the loan is 
 35.36  responsible for repayment of the loan. 
 36.1      (g) For the purpose of obtaining a loan from the agency, a 
 36.2   local government unit may provide to the agency its general 
 36.3   obligation note.  All obligations incurred by a local government 
 36.4   unit in obtaining a loan from the agency must be in accordance 
 36.5   with chapter 475, except that so long as the obligations are 
 36.6   issued to evidence a loan from the agency to the local 
 36.7   government unit, an election is not required to authorize the 
 36.8   obligations issued, and the amount of the obligations shall not 
 36.9   be included in determining the net indebtedness of the local 
 36.10  government unit under the provisions of any law or chapter 
 36.11  limiting the indebtedness. 
 36.12     Sec. 45.  Minnesota Statutes 1994, section 103G.405, is 
 36.13  amended to read: 
 36.14     103G.405 [WATER LEVEL CONTROL FOR LANDLOCKED LAKES.] 
 36.15     (a) Except as provided in paragraph (c), the commissioner 
 36.16  must issue a water level control permit to establish a control 
 36.17  ~~elevations~~ elevation for a landlocked ~~lakes up to three feet~~ 
 36.18  lake below the ordinary high water level for the lake if: 
 36.19     (1) the commissioner finds that: 
 36.20     (i) the control is necessary to prevent ~~flooding of~~ 
 36.21  ~~homesteads~~ adverse impacts to the lake or adjoining property; 
 36.22     ~~(2)~~ (ii) other reasonable or cost-effective alternatives 
 36.23  are not available; and 
 36.24     ~~(3) a change in the control elevation is prescribed in an~~ 
 36.25  ~~approved stormwater plan under section 103B.235.~~ 
 36.26     (iii) natural resource or hydrologic conditions exist in 
 36.27  the watershed that would limit the potential for continuous 
 36.28  discharge of excess waters from the lake; and 
 36.29     (2) the outlet and discharge of excess waters is addressed 
 36.30  in an approved water management plan under chapter 103B or 103D. 
 36.31     (b) In addition to the requirements in section 103G.301, 
 36.32  subdivision 6, if the proposed control elevation is more than 
 36.33  1-1/2 feet below the ordinary high water level, the permit 
 36.34  applicant shall serve a copy of the application on each county 
 36.35  and municipality within which any portion of the lake is located 
 36.36  and the lake improvement district, if one exists. 
 37.1      (c) The commissioner may not issue a permit to establish a 
 37.2   control elevation more than 1-1/2 feet below the ordinary high 
 37.3   water level of a lake if a county, municipality, watershed 
 37.4   district, or lake improvement district required to be served 
 37.5   under paragraph (b) or section 103G.301, subdivision 6, files a 
 37.6   written objection to the issuance of the permit with the 
 37.7   commissioner within 30 days after receiving a copy of the 
 37.8   application. 
 37.9      Sec. 46.  Minnesota Statutes 1994, section 161.1419, 
 37.10  subdivision 2, is amended to read: 
 37.11     Subd. 2.  [MEMBERS.] The commission shall be composed of 
 37.12  ten members of which one shall be appointed by the commissioner 
 37.13  of transportation, one shall be appointed by the commissioner of 
 37.14  natural resources, one shall be appointed by the commissioner of 
 37.15  trade and economic development, ~~three~~ one shall be appointed by 
 37.16  the commissioner of agriculture, one shall be appointed by the 
 37.17  director of the Minnesota historical society, two shall be 
 37.18  members of the senate to be appointed by the committee on 
 37.19  committees, and ~~three~~ two shall be members of the house of 
 37.20  representatives to be appointed by the speaker.  The tenth 
 37.21  member shall be the secretary appointed pursuant to subdivision 
 37.22  3.  The members of the commission shall be selected immediately 
 37.23  after final enactment of this act and shall serve for a term 
 37.24  expiring at the close of the next regular session of the 
 37.25  legislature and until their successors are appointed.  Successor 
 37.26  members shall be appointed at the close of each regular session 
 37.27  of the legislature by the same appointing authorities.  Members 
 37.28  may be reappointed.  Any vacancy shall be filled by the 
 37.29  appointing authority.  The commissioner of transportation, the 
 37.30  commissioner of natural resources, and the director of the 
 37.31  Minnesota historical society shall be ex officio members, and 
 37.32  shall be in addition to the ten members heretofore provided 
 37.33  for.  Immediately upon making the appointments to the commission 
 37.34  the appointing authorities shall so notify the Mississippi river 
 37.35  parkway commission, hereinafter called the national commission, 
 37.36  giving the names and addresses of the members so appointed. 
 38.1      Sec. 47.  Minnesota Statutes 1995 Supplement, section 
 38.2   446A.07, subdivision 8, is amended to read: 
 38.3      Subd. 8.  [OTHER USES OF REVOLVING FUND.] The water 
 38.4   pollution control revolving fund may be used as provided in 
 38.5   title VI of the Federal Water Pollution Control Act, including 
 38.6   the following uses: 
 38.7      (1) to buy or refinance the debt obligation of governmental 
 38.8   units for treatment works where debt was incurred and 
 38.9   construction begun after March 7, 1985, at or below market 
 38.10  rates; 
 38.11     (2) to guarantee or purchase insurance for local 
 38.12  obligations to improve credit market access or reduce interest 
 38.13  rates; 
 38.14     (3) to provide a source of revenue or security for the 
 38.15  payment of principal and interest on revenue or general 
 38.16  obligation bonds issued by the authority if the bond proceeds 
 38.17  are deposited in the fund; 
 38.18     (4) to provide loan guarantees, loans, or set-aside for 
 38.19  similar revolving funds established by a governmental unit other 
 38.20  than state agencies, or state agencies under sections 17.117, 
 38.21  103F.725, subdivision 1a, 116J.403, and 116J.617; provided that 
 38.22  no more than ~~$2,000,000~~ $4,000,000 of the balance in the fund 
 38.23  may be used for the small cities block grant program under 
 38.24  section 116J.403 and the tourism loan program under section 
 38.25  116J.617, taken together; 
 38.26     (5) to earn interest on fund accounts; and 
 38.27     (6) to pay the reasonable costs incurred by the authority 
 38.28  and the agency of administering the fund and conducting 
 38.29  activities required under the federal Water Pollution Control 
 38.30  Act, including water quality management planning under section 
 38.31  205(j) of the act and water quality standards continuing 
 38.32  planning under section 303(e) of the act. 
 38.33     Amounts spent under clause (6) may not exceed the amount 
 38.34  allowed under the Federal Water Pollution Control Act.  
 38.35     Sec. 48.  Laws 1995, chapter 207, article 1, section 2, 
 38.36  subdivision 7, is amended to read: 
 39.1   Subd. 7.  Community Mental Health
 39.2   and State-Operated Services
 39.3   General 
 39.4      254,604,000    260,379,000
 39.5   The amounts that may be spent from this 
 39.6   appropriation for each purpose are as 
 39.7   follows: 
 39.8   (a) Mental Health Grants - Children
 39.9        7,097,000     12,536,000
 39.10  [MENTAL HEALTH COLLABORATIVE.] Mental 
 39.11  health grants available for children 
 39.12  formerly served under the TEFRA program 
 39.13  shall be distributed and administered 
 39.14  by a children's mental health 
 39.15  collaborative where a collaborative 
 39.16  exists. 
 39.17  (b) Mental Health Grants - Adults
 39.18      38,222,000     40,918,000
 39.19  (c) Residential Treatment
 39.20  Center Facilities
 39.21     194,921,000    192,265,000
 39.22  (d) Developmental Disability
 39.23  and Mentally Ill (DD and MI)
 39.24  State-Operated Community Services (SOCS)
 39.25      13,001,000     13,297,000
 39.26  (e) Administration and Other Grants
 39.27       1,363,000      1,363,000 
 39.28  [MENTAL HEALTH GRANTS.] (a) Mental 
 39.29  health grants appropriated for the 
 39.30  biennium as part of the TEFRA and PCA 
 39.31  restructuring proposal shall be 
 39.32  distributed to children's mental health 
 39.33  collaboratives, or where there is no 
 39.34  collaborative, to counties.  Grants 
 39.35  shall be prorated by county based on 
 39.36  the estimated dollar value of services 
 39.37  for children and adults with a mental 
 39.38  health diagnosis that will be lost due 
 39.39  to the changes in Minnesota Statutes, 
 39.40  sections 256B.055, subdivision 12, and 
 39.41  256B.0627. 
 39.42  (b) The commissioner shall form a work 
 39.43  group to recommend a process for 
 39.44  awarding grants that will maximize 
 39.45  services purchased and minimize 
 39.46  administrative overhead.  The task 
 39.47  force shall include representatives of 
 39.48  the state advisory council on mental 
 39.49  health and the children's subcommittee, 
 39.50  parents, consumers, advocacy groups, 
 39.51  providers, and local social service and 
 39.52  public health staff.  The work group 
 39.53  shall consider whether the process for 
 39.54  awarding consumer support grants under 
 39.55  Minnesota Statutes, section 256.476, 
 40.1   can be utilized for awarding these 
 40.2   mental health grants.  In addition, the 
 40.3   work group shall recommend ways to 
 40.4   minimize harm to children and families 
 40.5   and to reduce barriers to accessing 
 40.6   alternative services. 
 40.7   (c) For the first year of the biennium, 
 40.8   funds must be distributed by January 1, 
 40.9   1996, and for the second year, by July 
 40.10  1, 1996.  None of this appropriation 
 40.11  shall be used for county 
 40.12  administration, but must be used to 
 40.13  fund direct services to persons found 
 40.14  ineligible for TEFRA or PCA services. 
 40.15  [MENTAL HEALTH CASE MANAGEMENT.] 
 40.16  Notwithstanding section 12 of this 
 40.17  article, this paragraph does not 
 40.18  expire. The reimbursement rate for 
 40.19  mental health case management services 
 40.20  provided by counties under Minnesota 
 40.21  Statutes, sections 245.4881 and 
 40.22  256B.0625, for children with severe 
 40.23  emotional disturbance is $45. 
 40.24  [CALCULATION OF FTE's.] When 
 40.25  calculating regional treatment center 
 40.26  full-time equivalent employees, the 
 40.27  commissioner of finance shall make a 
 40.28  separate calculation for physicians and 
 40.29  their salaries. 
 40.30  [RELOCATIONS FROM FARIBAULT.] Of this 
 40.31  appropriation, $162,000 in fiscal year 
 40.32  1996 and $37,000 in fiscal year 1997 
 40.33  are for grants to counties for 
 40.34  discharge planning related to persons 
 40.35  with mental retardation or related 
 40.36  conditions being relocated from the 
 40.37  Faribault regional center to community 
 40.38  services. 
 40.39  [TRANSFERS TO MOOSE LAKE.] 
 40.40  Notwithstanding Minnesota Statutes, 
 40.41  sections 253B.18, subdivisions 4 and 6, 
 40.42  and 253B.185, subdivision 2, with the 
 40.43  establishment of the Minnesota sexual 
 40.44  psychopathic personality treatment 
 40.45  center, the commissioner is authorized 
 40.46  to transfer any person committed as a 
 40.47  psychopathic personality, sexual 
 40.48  psychopathic personality, or sexually 
 40.49  dangerous person, between the Minnesota 
 40.50  security hospital and the facility at 
 40.51  Moose Lake. 
 40.52  [RTC CHEMICAL DEPENDENCY PROGRAMS.] 
 40.53  When the operations of the regional 
 40.54  treatment center chemical dependency 
 40.55  fund created in Minnesota Statutes, 
 40.56  section 246.18, subdivision 2, are 
 40.57  impeded by projected cash deficiencies 
 40.58  resulting from delays in the receipt of 
 40.59  grants, dedicated income, or other 
 40.60  similar receivables, and when the 
 40.61  deficiencies would be corrected within 
 40.62  the budget period involved, the 
 40.63  commissioner of finance may transfer 
 40.64  general fund cash reserves into this 
 40.65  account as necessary to meet cash 
 41.1   demands.  The cash flow transfers must 
 41.2   be returned to the general fund in the 
 41.3   fiscal year that the transfer was 
 41.4   made.  Any interest earned on general 
 41.5   fund cash flow transfers accrues to the 
 41.6   general fund and not the regional 
 41.7   treatment center chemical dependency 
 41.8   fund. 
 41.9   [RTC RESTRUCTURING.] For purposes of 
 41.10  restructuring the regional treatment 
 41.11  centers and state nursing homes, any 
 41.12  regional treatment center or state 
 41.13  nursing home employee whose position is 
 41.14  to be eliminated shall be afforded the 
 41.15  options provided in applicable 
 41.16  collective bargaining agreements.  All 
 41.17  salary and mitigation allocations from 
 41.18  fiscal year 1996 shall be carried 
 41.19  forward into fiscal year 1997.  
 41.20  Provided there is no conflict with any 
 41.21  collective bargaining agreement, any 
 41.22  regional treatment center or state 
 41.23  nursing home position reduction must 
 41.24  only be accomplished through 
 41.25  mitigation, attrition, transfer, and 
 41.26  other measures as provided in state or 
 41.27  applicable collective bargaining 
 41.28  agreements and in Minnesota Statutes, 
 41.29  section 252.50, subdivision 11, and not 
 41.30  through layoff. 
 41.31  [RTC POPULATION.] If the resident 
 41.32  population at the regional treatment 
 41.33  centers is projected to be higher than 
 41.34  the estimates upon which the medical 
 41.35  assistance forecast and budget 
 41.36  recommendations for the 1996-97 
 41.37  biennium were based, the amount of the 
 41.38  medical assistance appropriation that 
 41.39  is attributable to the cost of services 
 41.40  that would have been provided as an 
 41.41  alternative to regional treatment 
 41.42  center services, including resources 
 41.43  for community placements and waivered 
 41.44  services for persons with mental 
 41.45  retardation and related conditions, is 
 41.46  transferred to the residential 
 41.47  facilities appropriation. 
 41.48  [INFRASTRUCTURE REINVESTMENT.] $750,000 
 41.49  is available from the public facilities 
 41.50  authority under Minnesota Statutes 
 41.51  446A.071 for grant funds to a local 
 41.52  unit of government for ~~the~~ planning and 
 41.53  development of infrastructure ~~and~~ 
 41.54  ~~planning for redevelopment~~ in response 
 41.55  to the memorandum of understanding for 
 41.56  the regional treatment centers.  
 41.57  Eligible costs include sewer, water, 
 41.58  and easements and engineering costs 
 41.59  associated with the project proposal. 
 41.60  [CAMP.] Of this appropriation, $30,000 
 41.61  is from the mental health special 
 41.62  projects account for adults and 
 41.63  children with mental illness from 
 41.64  across the state, for a camping program 
 41.65  which utilizes the Boundary Waters 
 41.66  Canoe Area and is cooperatively 
 41.67  sponsored by client advocacy, mental 
 42.1   health treatment, and outdoor 
 42.2   recreation agencies. 
 42.3   [IMD DOWNSIZING FLEXIBILITY.] If a 
 42.4   county presents a budget-neutral plan 
 42.5   for a net reduction in the number of 
 42.6   institution for mental disease (IMD) 
 42.7   beds funded under group residential 
 42.8   housing, the commissioner may transfer 
 42.9   the net savings from group residential 
 42.10  housing and general assistance medical 
 42.11  care to medical assistance and mental 
 42.12  health grants to provide appropriate 
 42.13  services in non-IMD settings. 
 42.14  [REPAIRS AND BETTERMENTS.] The 
 42.15  commissioner may transfer unencumbered 
 42.16  appropriation balances between fiscal 
 42.17  years for the state residential 
 42.18  facilities repairs and betterments 
 42.19  account and special equipment. 
 42.20  [PROJECT LABOR.] Wages for project 
 42.21  labor may be paid by the commissioner 
 42.22  of human services out of repairs and 
 42.23  betterments money if the individual is 
 42.24  to be engaged in a construction project 
 42.25  or a repair project of short term and 
 42.26  nonrecurring nature.  Compensation for 
 42.27  project labor shall be based on the 
 42.28  prevailing wage rates, as defined in 
 42.29  Minnesota Statutes, section 177.42, 
 42.30  subdivision 6.  Project laborers are 
 42.31  excluded from the provisions of 
 42.32  Minnesota Statutes, sections 43A.22 to 
 42.33  43A.30, and shall not be eligible for 
 42.34  state-paid insurance and benefits. 
 42.35  [PLAN FOR ADOLESCENT TREATMENT 
 42.36  EXPANSION.] The commissioner shall 
 42.37  report to the legislature by January 
 42.38  15, 1996, with a cost-neutral plan to 
 42.39  add up to 20 beds to each of the two 
 42.40  existing adolescent treatment 
 42.41  facilities at the regional treatment 
 42.42  centers in order to reduce or eliminate 
 42.43  out-of-state placement of adolescents 
 42.44  who have serious emotional disturbance 
 42.45  and exhibit violent behavior, if they 
 42.46  cannot be treated in their own 
 42.47  communities.  Cost neutrality shall be 
 42.48  determined by comparing the costs of 
 42.49  program expansion with the projected 
 42.50  costs of out-of-state placements. 
 42.51     Sec. 49.  Laws 1995, chapter 220, section 5, subdivision 3, 
 42.52  is amended to read: 
 42.53  Subd. 3.  Water Resources Management
 42.54       8,781,000      8,706,000
 42.55                Summary by Fund
 42.56  General               8,540,000     8,465,000
 42.57  Natural Resources       241,000       241,000
 42.58  $95,000 the first year and $95,000 the 
 42.59  second year are for a grant to the 
 43.1   Mississippi headwaters board for up to 
 43.2   50 percent of the cost of implementing 
 43.3   the comprehensive plan for the upper 
 43.4   Mississippi within areas under its 
 43.5   jurisdiction.  
 43.6   $17,000 the first year and $17,000 the 
 43.7   second year are for payment to the 
 43.8   Leech Lake Band of Chippewa Indians to 
 43.9   implement its portion of the 
 43.10  comprehensive plan for the upper 
 43.11  Mississippi.  
 43.12  $50,000 is for development and 
 43.13  administration of contracts with water 
 43.14  well contractors for exploratory 
 43.15  drilling and installation of 
 43.16  observation wells to characterize the 
 43.17  geologic and hydrologic conditions in 
 43.18  the southwest region of the state where 
 43.19  water supplies are difficult to 
 43.20  locate.  This appropriation is 
 43.21  available until June 30, 1997, and is 
 43.22  contingent on the receipt by the 
 43.23  commissioner of $50,000 in nonstate 
 43.24  money.  Results must be reported to the 
 43.25  legislative water commission by 
 43.26  February 15, 1996, and February 15, 
 43.27  1997. 
 43.28  $25,000 is appropriated in fiscal year 
 43.29  1996 under Minnesota Statutes, section 
 43.30  103G.701, to the commissioner of 
 43.31  natural resources for a grant, 
 43.32  requiring no local match, to Morrison 
 43.33  county for improving water flow along 
 43.34  the easterly shoreline of the 
 43.35  Mississippi river near Highway 10 in 
 43.36  Morrison county, notwithstanding 
 43.37  Minnesota Statutes, section 103G.701, 
 43.38  subdivision 4.  This appropriation may 
 43.39  also be used to fund a comprehensive 
 43.40  analysis regarding the cause of 
 43.41  accelerated sedimentation in this 
 43.42  portion of the Mississippi river.  This 
 43.43  appropriation remains available until 
 43.44  June 30, 1997. 
 43.45     Sec. 50.  Laws 1995, chapter 220, section 19, subdivision 
 43.46  4, is amended to read: 
 43.47  Subd. 4.  Parks and Trails 
 43.48  (a) METROPOLITAN REGIONAL 
 43.49  PARK SYSTEM                            3,950,000
 43.50  This appropriation is from the trust 
 43.51  fund for payment by the commissioner of 
 43.52  natural resources to the metropolitan 
 43.53  council for subgrants to rehabilitate, 
 43.54  develop, acquire, and retrofit the 
 43.55  metropolitan regional park system 
 43.56  consistent with the metropolitan 
 43.57  council regional recreation open space 
 43.58  capital improvement program and 
 43.59  subgrants for regional trails, 
 43.60  consistent with an updated regional 
 43.61  trail plan.  $1,666,000 of this 
 43.62  appropriation is from the trust fund 
 43.63  acceleration. 
 44.1   This appropriation may be used for the 
 44.2   purchase of homes only if the purchases 
 44.3   are expressly included in the work 
 44.4   program approved by the legislative 
 44.5   commission on Minnesota resources. 
 44.6   This project must be completed and 
 44.7   final products delivered by December 
 44.8   31, 1997, and the appropriation is 
 44.9   available until that date. 
 44.10  (b) STATE PARK AND RECREATION AREA 
 44.11  ACQUISITION, DEVELOPMENT, BETTERMENT, 
 44.12  AND REHABILITATION                     3,150,000
 44.13  This appropriation is from the trust 
 44.14  fund to the commissioner of natural 
 44.15  resources as follows:  (1) for state 
 44.16  park and recreation area acquisition 
 44.17  $1,070,000, of which up to $670,000 may 
 44.18  be used for state trail acquisition of 
 44.19  a critical nature; (2) for state park 
 44.20  and recreation area development 
 44.21  $680,000; and (3) for betterment and 
 44.22  rehabilitation of state parks and 
 44.23  recreation areas $1,400,000.  The use 
 44.24  of the Minnesota conservation corps is 
 44.25  encouraged in the rehabilitation and 
 44.26  development. 
 44.27  $1,384,000 of this appropriation is 
 44.28  from the trust fund acceleration.  The 
 44.29  commissioner must submit grant requests 
 44.30  for supplemental funding for federal 
 44.31  ISTEA money in eligible categories and 
 44.32  report the results to the legislative 
 44.33  commission on Minnesota resources. 
 44.34  This project must be completed and 
 44.35  final products delivered by December 
 44.36  31, 1997, and the appropriation is 
 44.37  available until that date. 
 44.38  (c) STATE TRAIL REHABILITATION 
 44.39  AND ACQUISITION                          250,000
 44.40  This appropriation is from the trust 
 44.41  fund to the commissioner of natural 
 44.42  resources for state trail plan 
 44.43  priorities.  $94,000 of this 
 44.44  appropriation is from the trust fund 
 44.45  acceleration.  The commissioner must 
 44.46  submit grant requests for supplemental 
 44.47  funding for federal ISTEA money and 
 44.48  report the results to the legislative 
 44.49  commission on Minnesota resources. 
 44.50  This project must be completed and 
 44.51  final products delivered by December 
 44.52  31, 1997, and the appropriation is 
 44.53  available until that date. 
 44.54  (d) WATER ACCESS                         600,000
 44.55  This appropriation is from the trust 
 44.56  fund to the commissioner of natural 
 44.57  resources to accelerate public water 
 44.58  access acquisition and development 
 44.59  statewide.  Access includes boating 
 44.60  access, fishing piers, and shoreline 
 44.61  access.  Up to $100,000 of this 
 45.1   appropriation may be used for a 
 45.2   cooperative project to acquire and 
 45.3   develop land, local park facilities, an 
 45.4   access trail, and a boat access at the 
 45.5   LaRue pit otherwise consistent with the 
 45.6   water access program. 
 45.7   This project must be completed and 
 45.8   final products delivered by December 
 45.9   31, 1997, and the appropriation is 
 45.10  available until that date. 
 45.11  (e) LOCAL GRANTS                       1,800,000
 45.12  This appropriation is from the future 
 45.13  resources fund to the commissioner of 
 45.14  natural resources to provide matching 
 45.15  grants, as follows:  (1) $500,000 to 
 45.16  local units of government for local 
 45.17  park and recreation areas; (2) $500,000 
 45.18  to local units of government for 
 45.19  natural and scenic areas pursuant to 
 45.20  Minnesota Statutes, section 85.019; (3) 
 45.21  $400,000 to local units of government 
 45.22  for trail linkages between communities, 
 45.23  trails, and parks; and (4) $400,000 for 
 45.24  a conservation partners program, a 
 45.25  statewide pilot to encourage private 
 45.26  organizations and local governments to 
 45.27  cost share enhancement of fish, 
 45.28  wildlife, and native plant habitats; 
 45.29  and research and surveys of fish and 
 45.30  wildlife, and related education 
 45.31  activities.  Conservation partners 
 45.32  grants may be up to $10,000 each and 
 45.33  must be equally matched.  In addition 
 45.34  to the required work program, grants 
 45.35  may not be approved until grant 
 45.36  proposals to be funded have been 
 45.37  submitted to the legislative commission 
 45.38  on Minnesota resources and the 
 45.39  commission has either made a 
 45.40  recommendation or allowed 60 days to 
 45.41  pass without making a recommendation.  
 45.42  The above appropriations are available 
 45.43  half for the metropolitan area as 
 45.44  defined in Minnesota Statutes, section 
 45.45  473.121, subdivision 2, and half for 
 45.46  outside of the metropolitan area.  For 
 45.47  the purpose of this paragraph, match 
 45.48  includes nonstate contributions either 
 45.49  cash or in-kind. 
 45.50  This project must be completed and 
 45.51  final products delivered by December 
 45.52  31, 1997, and the appropriation is 
 45.53  available until that date. 
 45.54  (f) MINNEAPOLIS PARK AND 
 45.55  TRAIL CONNECTIONS                        141,000
 45.56  This appropriation is from the future 
 45.57  resources fund to the commissioner of 
 45.58  transportation for half of the 
 45.59  nonfederal match of ISTEA projects for 
 45.60  the Minneapolis park and recreation 
 45.61  board to develop park and trail 
 45.62  connections including:  Minnehaha park 
 45.63  to Mendota bridge, Stone Arch bridge to 
 45.64  bridge number 9 on West River Parkway, 
 45.65  Boom island to St. Anthony Parkway, and 
 46.1   West River Parkway to Shingle Creek 
 46.2   Parkway.  The Minneapolis park and 
 46.3   recreation board must apply for and 
 46.4   receive approval of the federal money 
 46.5   in order to receive this appropriation. 
 46.6   This project must be completed and 
 46.7   final products delivered by December 
 46.8   31, 1997, and the appropriation is 
 46.9   available until that date. 
 46.10  (g) LOCAL SHARE FOR ISTEA 
 46.11  FEDERAL PROJECTS                         300,000
 46.12  This appropriation is from oil 
 46.13  overcharge money to the commissioner of 
 46.14  administration for half of the 
 46.15  nonfederal match of ISTEA projects 
 46.16  for:  (1) Chisago county, $150,000 for 
 46.17  a trail between North Branch and Forest 
 46.18  Lake township; and (2) the St. Louis 
 46.19  and Lake counties regional rail 
 46.20  authority, $150,000 for the development 
 46.21  of approximately 40 miles of a 
 46.22  multipurpose recreational trail 
 46.23  system.  Chisago county and the St. 
 46.24  Louis and Lake counties regional rail 
 46.25  authority must apply for and receive 
 46.26  approval of the federal money in order 
 46.27  to receive these appropriations. 
 46.28  ~~This project~~ The project under clause 
 46.29  (1) must be completed and final 
 46.30  products delivered by December 31, 
 46.31  1997, and the appropriation is 
 46.32  available until that date.  The project 
 46.33  under clause (2) must be completed and 
 46.34  final products delivered by December 
 46.35  31, 1999, and the appropriation is 
 46.36  available until that date. 
 46.37  (h) PINE POINT PARK REST STATION         100,000
 46.38  This appropriation is from the future 
 46.39  resources fund to the commissioner of 
 46.40  natural resources for an agreement with 
 46.41  Washington county to construct a rest 
 46.42  station on the Gateway segment of the 
 46.43  Willard Munger state trail in 
 46.44  compliance with the Americans with 
 46.45  Disabilities Act.  This appropriation 
 46.46  must be matched by at least $30,000 of 
 46.47  nonstate money. 
 46.48  (i) INTERACTIVE MULTIMEDIA COMPUTER 
 46.49  INFORMATION SYSTEM                        45,000
 46.50  This appropriation is from the future 
 46.51  resources fund to the commissioner of 
 46.52  trade and economic development, office 
 46.53  of tourism, for an agreement with 
 46.54  Explore Lake County, Inc. to develop a 
 46.55  pilot multimedia interactive computer 
 46.56  information system at the R. J. Houle 
 46.57  visitor information center. 
 46.58  (j) UPPER SIOUX AGENCY STATE PARK        200,000
 46.59  This appropriation to the commissioner 
 46.60  of natural resources is from the future 
 46.61  resources fund for bathroom and shower 
 47.1   facilities at Upper Sioux Agency State 
 47.2   Park. 
 47.3   (k) GRAIN BELT MISSISSIPPI 
 47.4   RIVERFRONT DEVELOPMENT                   500,000
 47.5   This appropriation is from the future 
 47.6   resources fund to the commissioner of 
 47.7   natural resources for a contract with 
 47.8   the metropolitan council for a subgrant 
 47.9   to the Minneapolis park and recreation 
 47.10  board, which shall cooperate with the 
 47.11  Minneapolis community development 
 47.12  agency to create riverfront 
 47.13  recreational park and marina facilities 
 47.14  through acquisition and development of 
 47.15  Mississippi riverfront property.  This 
 47.16  appropriation is contingent on this 
 47.17  facility being designated part of the 
 47.18  metropolitan regional park and open 
 47.19  space system.  ~~This appropriation is~~ 
 47.20  ~~also contingent on the Guthrie~~ 
 47.21  ~~theater's occupancy of the Grain Belt~~ 
 47.22  ~~Brewery.~~ 
 47.23  (l) WILDCAT REGIONAL PARK                 40,000
 47.24  This appropriation is from the future 
 47.25  resources fund to the commissioner of 
 47.26  natural resources for an agreement with 
 47.27  Houston county to construct an 
 47.28  off-channel boat ramp on the 
 47.29  Mississippi River, and wingwalls to 
 47.30  protect the ramp and existing swimming 
 47.31  beach. 
 47.32     Sec. 51.  Laws 1995, chapter 220, section 19, subdivision 
 47.33  6, is amended to read: 
 47.34  Subd. 6.  Environmental Education 
 47.35  (a) LEOPOLD EDUCATION PROJECT 
 47.36  CURRICULUM                               100,000
 47.37  This appropriation is from the trust 
 47.38  fund to the office of environmental 
 47.39  assistance for an agreement with 
 47.40  Pheasants Forever, Inc. to provide 
 47.41  teacher training in the use of the 
 47.42  Leopold education project conservation 
 47.43  ethics curriculum.  This appropriation 
 47.44  must be matched by at least $50,000 of 
 47.45  nonstate money. 
 47.46  (b) ENVIRONMENTAL EDUCATION 
 47.47  TEACHER TRAINING                         500,000
 47.48  This appropriation is from the trust 
 47.49  fund to the office of environmental 
 47.50  assistance in cooperation with the 
 47.51  environmental education advisory board 
 47.52  to develop and deliver statewide 
 47.53  environmental education training for 
 47.54  preservice and in-service teachers. 
 47.55  (c) SHARING ENVIRONMENTAL 
 47.56  EDUCATION KNOWLEDGE                      200,000
 47.57  This appropriation is from the trust 
 47.58  fund to the office of environmental 
 48.1   assistance in cooperation with the 
 48.2   environmental education advisory board 
 48.3   to plan and develop an information data 
 48.4   exchange and service center that 
 48.5   coordinates the collection, evaluation, 
 48.6   dissemination, and promotion of 
 48.7   environmental education resources and 
 48.8   programs. 
 48.9   (d) ENVIRONMENTAL VIDEO RESOURCE 
 48.10  LIBRARY AND PUBLIC TELEVISION SERIES     250,000
 48.11  This appropriation is from the future 
 48.12  resources fund to the office of 
 48.13  environmental assistance in cooperation 
 48.14  with the environmental education 
 48.15  advisory board for an agreement with 
 48.16  Twin Cities Public Television to create 
 48.17  a resource information center for 
 48.18  environmental video and to produce and 
 48.19  broadcast an environmental television 
 48.20  series about Minnesota environmental 
 48.21  achievements. 
 48.22  (e) DEVELOPMENT, ASSIMILATION, AND 
 48.23  DISTRIBUTION OF WOLF EDUCATIONAL 
 48.24  MATERIALS                                100,000
 48.25  This appropriation is from the future 
 48.26  resources fund to the office of 
 48.27  environmental assistance for an 
 48.28  agreement with the International Wolf 
 48.29  Center to collect and develop written, 
 48.30  electronic, and photographic 
 48.31  audio-visual material about wolf 
 48.32  ecology, recovery, and management for 
 48.33  electronic distribution.  This 
 48.34  appropriation must be matched by at 
 48.35  least $30,000 of nonstate money. 
 48.36  (f) ENVIRONMENTAL ACTION GRANTS 
 48.37  FOR MINNESOTA SCHOOLS                    200,000
 48.38  This appropriation is from the trust 
 48.39  fund to the department of natural 
 48.40  resources for an agreement with St. 
 48.41  Olaf college for the school nature area 
 48.42  project matching grants to schools for 
 48.43  school area nature sites.  This 
 48.44  appropriation must be matched by at 
 48.45  least $50,000 of nonstate money. 
 48.46  (g) ELECTRONIC ENVIRONMENTAL 
 48.47  EDUCATION NETWORK                        250,000
 48.48  This appropriation is from the future 
 48.49  resources fund to the office of 
 48.50  environmental assistance for an 
 48.51  agreement with the University of 
 48.52  Minnesota raptor center to develop a 
 48.53  program for student participation in 
 48.54  satellite-tracking research, data 
 48.55  collection and dissemination using 
 48.56  INTERNET, workshops, material 
 48.57  development, and off-site classroom 
 48.58  experience.  This appropriation must be 
 48.59  matched by at least $38,000 of nonstate 
 48.60  money. 
 48.61  (h) THREE RIVERS INITIATIVE              750,000
 49.1   This appropriation is from the future 
 49.2   resources fund to the Science Museum of 
 49.3   Minnesota to develop exhibits and 
 49.4   programs focusing on the Mississippi, 
 49.5   Minnesota, and St. Croix rivers. 
 49.6   (i) INTERACTIVE COMPUTER EXHIBIT ON 
 49.7   MINNESOTA RENEWABLE ENERGY SOURCES       150,000
 49.8   This appropriation is from oil 
 49.9   overcharge money to the commissioner of 
 49.10  administration for an agreement with 
 49.11  the Izaak Walton League of America, 
 49.12  midwest office in cooperation with the 
 49.13  Science Museum of Minnesota to develop 
 49.14  and disseminate an interactive 
 49.15  multimedia computer exhibit on 
 49.16  renewable energy resources. 
 49.17  (j) TREES FOR TEENS:  TRAINING, 
 49.18  RESOURCES, EDUCATION, EMPLOYMENT, 
 49.19  SERVICE                                   75,000
 49.20  This appropriation is from the future 
 49.21  resources fund to the commissioner of 
 49.22  natural resources for an agreement with 
 49.23  Twin Cities Tree Trust to develop a 
 49.24  pilot program and curriculum materials 
 49.25  for educating high school students 
 49.26  about urban forestry and assisting them 
 49.27  in carrying out peer education and 
 49.28  community service projects.  This 
 49.29  project must be done in cooperation 
 49.30  with the Minnesota releaf program. 
 49.31  (k) REDWOOD FALLS SCHOOL DISTRICT 
 49.32  NO. 637 ENVIRONMENTAL EDUCATION PROJECT  250,000
 49.33  This appropriation is from the future 
 49.34  resources fund to the office of 
 49.35  environmental assistance for an 
 49.36  agreement with the Redwood Falls school 
 49.37  district to accelerate development of 
 49.38  an outdoor environmental learning 
 49.39  center and to integrate environmental 
 49.40  education into the K-12 curriculum.  
 49.41  Project development will include 
 49.42  prairie access improvements including a 
 49.43  trail system, establishment of a 
 49.44  wetland, and an arboretum. 
 49.45  (l) TOGETHER OUTDOORS MINNESOTA          575,000
 49.46  This appropriation is from the future 
 49.47  resources fund to the commissioner of 
 49.48  natural resources for an agreement with 
 49.49  Wilderness Inquiry for diversity 
 49.50  specialist training, training of 
 49.51  outdoor service professionals to 
 49.52  provide inclusive programming, and 
 49.53  diversity networking, including the 
 49.54  development of a directory of 
 49.55  recreation facility accessibility.  
 49.56  This appropriation must be matched by 
 49.57  at least $80,000 of nonstate money. 
 49.58  This project must be completed and 
 49.59  final products delivered by December 
 49.60  31, 1997, and the appropriation is 
 49.61  available until that date. 
 50.1   (m) ENHANCED NATURAL RESOURCE 
 50.2   OPPORTUNITIES FOR ASIAN-PACIFIC 
 50.3   MINNESOTANS                              150,000
 50.4   This appropriation is from the future 
 50.5   resources fund to the commissioner of 
 50.6   natural resources for the second 
 50.7   biennium of funding for community 
 50.8   outreach, cultural collaboration, 
 50.9   training, and education to increase 
 50.10  Asians' participation and understanding 
 50.11  of natural resources management.  
 50.12  Supplemental funding must be requested 
 50.13  and the results reported to the 
 50.14  legislative commission on Minnesota 
 50.15  resources. 
 50.16  (n) DELIVER ECOLOGICAL INFORMATION 
 50.17  AND TECHNICAL ASSISTANCE TO 
 50.18  LOCAL GOVERNMENTS                        100,000
 50.19  This appropriation is from the future 
 50.20  resources fund to the commissioner of 
 50.21  natural resources to provide 
 50.22  interpretation of ecological data 
 50.23  collected by the county biological 
 50.24  survey. 
 50.25  (o) NONPOINT SOURCE POLLUTION 
 50.26  PUBLIC EDUCATION DEMONSTRATION PROJECT   100,000
 50.27  This appropriation is from the future 
 50.28  resources fund to the commissioner of 
 50.29  the pollution control agency for an 
 50.30  agreement with the city of St. Paul for 
 50.31  a joint project with the city of 
 50.32  Minneapolis to conduct surveys and 
 50.33  develop and implement nonpoint source 
 50.34  pollution public education.  This 
 50.35  appropriation must be matched by at 
 50.36  least $12,000 of nonstate money. 
 50.37  (p) WHITETAIL DEER RESOURCE CENTER        50,000
 50.38  This appropriation is from the future 
 50.39  resources fund to the commissioner of 
 50.40  natural resources for an agreement with 
 50.41  the Minnesota Deer Hunters Association 
 50.42  to develop a facility and operations 
 50.43  plan.  This appropriation must be 
 50.44  matched by $50,000 of nonstate money. 
 50.45  (q) GORDON GULLION CHAIR IN FOREST 
 50.46  WILDLIFE RESEARCH AND EDUCATION          350,000
 50.47  This appropriation is from the future 
 50.48  resources fund to the University of 
 50.49  Minnesota to establish an endowed chair 
 50.50  in forest wildlife research and 
 50.51  education to develop forest and 
 50.52  wildlife sustainable management 
 50.53  practices.  This appropriation must be 
 50.54  matched by at least $350,000 of 
 50.55  nonstate money.  This project must be 
 50.56  completed and final products delivered 
 50.57  by December 31, 1997, and the 
 50.58  appropriation is available until that 
 50.59  date. 
 50.60  (r) NEY ENVIRONMENTAL CENTER              100,000 
 51.1   This appropriation is from the future 
 51.2   resources fund to the commissioner of 
 51.3   natural resources for an agreement with 
 51.4   Le Sueur county to develop an 
 51.5   environmental learning center in the 
 51.6   Minnesota River Valley near Henderson.  
 51.7   The appropriation shall be used to 
 51.8   ~~convert existing buildings to~~ 
 51.9   ~~classrooms,~~ add classroom and restroom 
 51.10  facilities ~~and~~, improve access, and 
 51.11  remove unneeded structures. 
 51.12  (s) LAWNDALE ENVIRONMENTAL CENTER        400,000
 51.13  This appropriation is from the future 
 51.14  resources fund to the commissioner of 
 51.15  natural resources for an agreement with 
 51.16  Lawndale Environmental Foundation to 
 51.17  develop an environmental learning 
 51.18  center near Herman with emphasis on 
 51.19  prairie, wetlands, and agricultural 
 51.20  themes.  This appropriation must be 
 51.21  matched by at least $100,000 of 
 51.22  nonstate money. 
 51.23     Sec. 52.  Laws 1995, chapter 220, section 19, subdivision 
 51.24  10, is amended to read: 
 51.25  (a) RIM - ACCELERATE WILDLIFE 
 51.26  LAND ACQUISITION                         650,000
 51.27  $510,000 of this appropriation is from 
 51.28  the trust fund and $140,000 is from the 
 51.29  future resources fund to the 
 51.30  commissioner of natural resources to 
 51.31  accelerate acquisition activities in 
 51.32  the reinvest in Minnesota program by 
 51.33  acquiring land identified in North 
 51.34  American waterfowl management plan 
 51.35  project areas.  This appropriation must 
 51.36  first be used for projects qualifying 
 51.37  for a match, which may include costs 
 51.38  for acquisition, enhancements, and 
 51.39  wetland restoration. 
 51.40  (b) RIM - ACCELERATE CRITICAL 
 51.41  HABITAT MATCH PROGRAM                    250,000
 51.42  This appropriation is from the trust 
 51.43  fund to the commissioner of natural 
 51.44  resources ~~to accelerate the reinvest in~~ 
 51.45  ~~Minnesota program to acquire and~~ 
 51.46  ~~improve critical habitat for game and~~ 
 51.47  ~~nongame fish, wildlife, and native~~ 
 51.48  ~~plants~~ for activities authorized under 
 51.49  Minnesota Statutes, section 84.943.  
 51.50  Projects must occur in both urban and 
 51.51  rural areas. 
 51.52  (c) RIM - ACCELERATE WILDLIFE 
 51.53  HABITAT STEWARDSHIP                      450,000
 51.54  This appropriation is from the future 
 51.55  resources fund to the commissioner of 
 51.56  natural resources for improvement of 
 51.57  wildlife habitat and natural plant 
 51.58  communities statewide, both urban and 
 51.59  rural public lands, to protect and 
 51.60  enhance wildlife, native plant species, 
 51.61  and ecological diversity. 
 52.1   (d) BIOMASS PRODUCTION, MANAGEMENT AND 
 52.2   RESTORATION OF BRUSHLAND HABITATS        200,000
 52.3   This appropriation is from the future 
 52.4   resources fund to the commissioner of 
 52.5   natural resources for an agreement with 
 52.6   the University of Minnesota-Duluth in 
 52.7   cooperation with the natural resources 
 52.8   research institute and the Minnesota 
 52.9   Sharptailed Grouse Society to assess 
 52.10  brushland harvesting, brushland as 
 52.11  wildlife habitat, and habitat 
 52.12  management strategies. 
 52.13  This project must be completed and 
 52.14  final products delivered by December 
 52.15  31, 1997, and the appropriation is 
 52.16  available until that date. 
 52.17  (e) TURN IN POACHERS YOUTH ACTIVITY BOOK  50,000
 52.18  This appropriation is from the future 
 52.19  resources fund to the commissioner of 
 52.20  natural resources for an agreement with 
 52.21  TIP, Inc. to print and disseminate an 
 52.22  activity book to inform and educate 
 52.23  children about poaching and its impact 
 52.24  on natural resources, and to promote 
 52.25  ethical hunting and fishing.  This 
 52.26  appropriation must be matched by at 
 52.27  least $12,500 of nonstate money. 
 52.28     Sec. 53.  Laws 1995, chapter 220, section 19, subdivision 
 52.29  19, is amended to read: 
 52.30  Subd. 19.  Carryforward 
 52.31  (a) Except as provided in paragraph 
 52.32  (b), the availability of the 
 52.33  appropriations for the following 
 52.34  projects is extended to December 31, 
 52.35  1995~~; on that date the appropriations~~ 
 52.36  ~~cancel and no further payment is~~ 
 52.37  ~~authorized~~, when projects must be 
 52.38  completed and final products 
 52.39  delivered:  Laws 1993, chapter 172, 
 52.40  section 14, subdivisions 3, paragraphs 
 52.41  (a), (f), and (i); 6, paragraph (b); 9; 
 52.42  10, paragraphs (a), (c), (g), (p), (q), 
 52.43  and (r); and 12, paragraphs (a), (b), 
 52.44  (c), (h), (j), and (l). 
 52.45  (b) The availability of the 
 52.46  appropriations for the following 
 52.47  projects is extended to December 31, 
 52.48  1996~~; on that date the appropriations~~ 
 52.49  ~~cancel and no further payment is~~ 
 52.50  ~~authorized~~, when projects must be 
 52.51  completed and final products 
 52.52  delivered:  (1) Laws 1993, chapter 172, 
 52.53  section 14, subdivisions 3, paragraph 
 52.54  (c); 4, paragraph (e); 10, paragraphs 
 52.55  (d), (f), and (o); 12, paragraphs (f) 
 52.56  and (g); in subdivision 10, paragraph 
 52.57  (b), the Bloomington East and West Bush 
 52.58  Lake picnic areas; and, in subdivision 
 52.59  10, paragraph (c), Cedar Lake trail 
 52.60  development and the Dakota North 
 52.61  regional trail in South St. Paul; and 
 52.62  (2) Laws 1994, chapter 632, article 2, 
 53.1   section 6, local recreation grants and 
 53.2   Silver Bay harbor. 
 53.3      Sec. 54.  Laws 1995, chapter 254, article 1, section 93, is 
 53.4   amended to read: 
 53.5      Sec. 93.  [SPENDING LIMITATION ON CONTRACTS.] 
 53.6      (a) During the biennium ending June 30, 1997, the aggregate 
 53.7   amount spent by all departments or agencies defined in Minnesota 
 53.8   Statutes, section 15.91, subdivision 1, on professional or 
 53.9   technical service contracts may not exceed 95 percent of the 
 53.10  aggregate amount these departments or agencies spent on these 
 53.11  contracts during the biennium from July 1, 1993, to June 30, 
 53.12  1995.  For purposes of this section, professional or technical 
 53.13  service contracts are as defined in Minnesota Statutes, section 
 53.14  16B.17, but do not include contracts for highway construction or 
 53.15  maintenance, contracts between state agencies, contracts paid 
 53.16  for from insurance trust funds, gift and deposit funds, capital 
 53.17  projects funds, or federal funds, contracts with private 
 53.18  collection agencies, contracts that are entered into in 
 53.19  connection with the agency's distribution of grant funds, or 
 53.20  contracts entered into under Minnesota Statutes, section 
 53.21  16B.35 or 115B.42, subdivision 2.  The governor or a designated 
 53.22  official must limit or disapprove proposed contracts as 
 53.23  necessary to comply with this section. 
 53.24     (b) During the biennium ending June 30, 1997, the amount 
 53.25  spent by (1) the house of representatives; (2) the senate; and 
 53.26  (3) the legislative coordinating commission and all groups under 
 53.27  its jurisdiction, from direct-appropriated funds on professional 
 53.28  or technical service contracts may not exceed 95 percent of the 
 53.29  amount spent on these contracts from direct-appropriated funds 
 53.30  during the biennium from July 1, 1993, to June 30, 1995.  Each 
 53.31  entity listed in clauses (1), (2), and (3) of this paragraph 
 53.32  must be treated separately for purposes of determining 
 53.33  compliance with this paragraph, except that the legislative 
 53.34  coordinating commission and all groups under its jurisdiction 
 53.35  must be treated as one unit.  For purposes of this paragraph, 
 53.36  "professional or technical service contract" has the meaning 
 54.1   defined in section 16B.17, but does not include contracts for 
 54.2   actuarial services entered into by the legislative commission on 
 54.3   pensions and retirement, or contracts with other legislative or 
 54.4   state executive agencies.  The house of representatives 
 54.5   committee on rules and legislative administration, the senate 
 54.6   committee on rules and administration, and the legislative 
 54.7   coordinating commission must each determine the amount of the 
 54.8   reduction to be made under this paragraph. 
 54.9      Sec. 55.  [BRANDING ANIMALS; REPORT.] 
 54.10     By January 15, 1997, the board of animal health shall 
 54.11  report to the senate agriculture and rural development committee 
 54.12  and the house of representatives agriculture committee with 
 54.13  recommendations for changes in Minnesota Statutes, sections 
 54.14  35.821 to 35.831, relating to the branding of live animals.  The 
 54.15  report must include specific recommendations on brand inspection 
 54.16  requirements and whether the state should allow registration of 
 54.17  brands that use technologies other than hot irons.  In 
 54.18  developing the recommendations, the board shall gather public 
 54.19  input from buyers and sellers of live animals. 
 54.20     Sec. 56.  [TACONITE DEPOSITION.] 
 54.21     Notwithstanding rules prohibiting discharge of waste into 
 54.22  saturated zones or rules governing variance procedures, the 
 54.23  pollution control agency may issue a permit for deposition of 
 54.24  fine tailings from taconite processing facilities into taconite 
 54.25  mine pits provided the proposer demonstrates through an 
 54.26  environmental impact statement and risk assessment that the 
 54.27  deposition will not pose an unreasonable risk of pollution or 
 54.28  degradation of groundwater. 
 54.29     Sec. 57.  [EFFECTIVE DATES.] 
 54.30     (a) Except as provided in paragraph (b), this act is 
 54.31  effective the day following final enactment. 
 54.32     (b) Sections 12, 14, 25, 44, and 47 are effective July 1, 
 54.33  1996.  Sections 36 and 38 are effective for 1997 state park 
 54.34  permits.  Section 18 is effective April 1, 1997, and applies to 
 54.35  licenses issued for mobile food concession and retail mobile 
 54.36  units beginning with the April 1, 1997, to March 31, 1998, 
 55.1   period.  License fees for the nine-month period July 1, 1996, to 
 55.2   March 31, 1997, for mobile food concession and retail mobile 
 55.3   units will be prorated at 75 percent of the fee schedule in 
 55.4   effect on July 1, 1996, rounded to the nearest dollar.  Section 
 55.5   28 applies to farm bulk milk pick-up tankers beginning on July 
 55.6   1, 1996.