Session Year 2005, Special Session 1

Bill Name: SF0069

2E Relating to the organization, operation and financing of state government,
appropriating money for agricultural, environmental, natural resources and
economic development purposes

ARTICLE 1 - AGRICULTURE AND RURAL
DEVELOPMENT

Appropriating money to the commissioner of agriculture for the
voluntary cleanup program, for increased monitoring of pesticides in ground and
surface waters, for Minnesota grown promotion and sustainable agriculture
demonstration projects grants, for a local livestock siting and zoning issues
training and technical assistance program, for a livestock odor and air quality
management contract with the university of Minnesota, for ethanol producer
payments, for service station E85 gasoline pumps installation and ethanol
combustion efficiency grants, for continuation of certain dairy planning and
development grants, for the northern crops institute and the Minnesota livestock
breeders association, for family farm security interest payment adjustments, for
county and district agricultural societies and associations, for mental health
counseling support to farm families through the Minnesota state colleges and
universities (MnSCU) and for grants to the northern Minnesota forage turf seed
advisory committee, to second harvest heartland and to the Minnesota
horticultural society, to the board of animal health for the domestic bovine
herds paratuberculosis (Johne's disease) control and avian pneumovirus disease
investigation programs, for cervidae inspection and for grants to the university
of Minnesota veterinary diagnostic laboratory to expand animal disease
surveillance for animal agriculture and public health protection purposes and to
the agricultural utilization research institute; requiring a certain fund
transfer to the general fund; abolishing the waste pesticide account; requiring
the commissioner in consultation with the commissioner of transportation (DOT)
to study the impact of a rail container load out facility in the west central
area of the state; stating the goals of the state relating to minimizing energy
use through the use of renewable fuels, establishing a smartfleet committee for
implementation purposes; modifying the dates for commissioner semiannual reports
to the legislature on agricultural fund expenditures; authorizing the
commissioner to impose a nonrefundable application fee for agricultural best
management practices loans and increasing a certain limit on certain sewage
treatment system loans; imposing criminal and administrative penalties for
certain food handler violations; qualifying the requirement for administrative
citations to state the time for correction and eliminating the time limit for
commissioner initiation of contested case proceedings after receiving a citation
or penalty assessment appeal; requiring commissioner grain scale testing upon
request at domestic locations, requiring fees charged by the commissioner for
testing scales and weighing equipment to be uniform with the fees charged by the
division of weights and measures of the department of commerce; increasing
certain permit, license or registration application and inspection fees;
increasing the limit on reimbursement to the commissioner from the agricultural
chemical response and reimbursement account for administrative costs; clarifying
the authority of the commissioner to enter and inspect public or private places
and to issue stop sale orders or directives for plant protection purposes;
expanding the shade tree pest and disease control program; clarifying certain
definitions under the nursery law and modifying certain nursery stock
certificate and inspection requirements and increasing certificate application
fees; expanding the restriction on the distribution or wild orchids; modifying
certain certificate or inspection fee, bee colony registration and commercial
feed license application and renewal requirements; extending the expiration date
of the organic advisory task force; designating the university of Minnesota
veterinary diagnostic laboratory as the official laboratory of the board of
animal health, authorizing the board to assume control of the resources of the
laboratory in declared emergencies to effectively address animal disease
outbreaks; transferring the regulation of farmed and wild cervidae from the
department of agriculture to the board of animal health; clarifying the
exemption of county agricultural societies from local zoning ordinances and
authorizing the appointment of security guards for police services; restricting
ethanol producer payments to ethanol produced at a specific location and
authorizing commissioner direct payments to rural economic infrastructure
producers under the ethanol development program, defining rural economic
infrastructure; requiring and providing for commissioner motor vehicle ethanol
combustion efficiency grants and for rural finance authority establishment and
implementation of a livestock equipment pilot loan program; extending the
interest free status of manure digester loans; establishing the RFA revolving
loan account to replace the value added agricultural product and methane
digester revolving loan funds for receipt of loan repayments, transferring
remaining balances from the individual loan program revolving accounts and
authorizing use for the livestock equipment loan program; modifying certain
livestock feedlot permit application notice requirements; eliminating the term
limit for members of the board of directors of the agricultural utilization
research institute; regulating the performance of equine teeth floating
services; requiring motor vehicle dealers delivering flexible fuel vehicles to
provide written notice to consumers of the ability of the vehicle to use
alternative fuels including E85 fuel; extending the exemption of vehicles
transporting milk from seasonal highway weight restrictions; expanding certain
commissioner of transportation local road improvement fund procedures and
criteria establishment consultation requirements and requiring consideration of
livestock and other agricultural operations in establishing criteria for
determining project priority; increasing certain grain buyers and storage and
household goods warehouses license fees and modifying certain grain buyer
financial statement preparation requirements; exempting certain farm labor
housing from regulation as a manufactured home park; modifying the process for
adoption of amendment of local feedlot zoning ordinances, requiring an analysis
of economic impacts and modifying or expanding certain hearing requirements;
creating a temporary agricultural nutrient task force to review certain
fertilizer and soil nutrient selection and application practices and report to
the legislature by a certain date; requiring the reliability administrator in
the department of commerce to perform a comprehensive technical and economic
analysis of the benefits of using biodiesel fuel or biodiesel fuel blends as a
residential, industrial and commercial heating fuel and report the results to
the legislature by a certain date; requesting the university of Minnesota to
continue providing support for sustainable and organic agriculture initiatives
including the alternative swine systems program; specifying certain cross
reference change instructions to the revisor of statutes; repealing the waste
pesticide account, apiary inspection fees, certain definitions under the nursery
law, the penalty for failure to correct certain agriculture law violations and
the expiration date of the provision providing for emergency restrictions on the
movement of people, livestock, machinery and other personal property during
disastrous animal disease outbreaks

ARTICLE 2 - ENVIRONMENT AND NATURAL
RESOURCES

Appropriating money to the pollution control agency for the clean
water partnership program, for water quality protection assistance and
education, for individual sewage treatment system (ISTS) administration and
grants, for new technology review, for county feedlot program grants, for the
small business environmental improvement loan, air pollution and water quality
monitoring and leaking underground storage tank programs, for county SCORE block
grants, for environmental assistance grants or loans and for administrative
support, to the commissioner of natural resources (DNR) for land, mineral and
water resources, forest, parks and recreation, trails and waterways and fish and
wildlife management, for ecological services, for enforcement activities and for
operations support, to the Minnesota conservation corps, to the board of water
and soil resources (BOWSR) for local government units natural resources block
and soil and water conservation district grants and for grants to the Red River
basin commission to develop a basin plan and to the Minnesota River basin
projects area II for floodplain management, for a public drainage system buffers
assessment and for beaver damage control grants, to the zoological board, to the
science museum, to the metropolitan council for regional parks and trails
maintenance and operations and to various agencies for certain Minnesota
resources projects, specifying certain data availability, project, match,
expenditure, recycling, energy conservation and accessibility requirements;
requiring a PCA commissioner forest products and mining industry projects report
to the legislature by a certain date; modifying the disposition of receipts
credited to the forest suspense account by the commissioner of finance,
providing for transfer of certain receipts to the forest management investment
account; increasing the limit on gifts by the commissioner of natural resources
to members of the public to promote conservation or create awareness of natural
resources in the state; modifying the authority of the commissioner relating to
electronic transactions, authorizing the commissioner to establish an electronic
licensing system commission for recovery of electronic licensing system costs;
modifying the landowners bill of rights for sales of land to the state,
authorizing mutual agreements between nonprofit organizations or governmental
entities and the commissioner for waiver of certain land exchange requirements
and authorizing commissioner right of first refusal agreements with landowners
before determining the value of the land, specifying certain limits; imposing a
nonrefundable application fee to obtain road easements across state land,
requiring deposit of receipts in the land management account in the natural
resources fund; expanding the penalties for the operation of off highway
motorcycles or off road or all-terrain vehicles on restricted wetlands under
certain conditions; extending the deadline for transferring the remaining
balance in the off highway vehicle damage account to the off highway motorcycle,
off road motorcycle and ATV accounts; authorizing the commissioner to permit
department personnel and equipment from the division of trails and waterways to
be used to assist local government units in maintaining off highway vehicle
trails; modifying certain recreational vehicle temporary permit and snowmobile
trail sticker and certain license agent requirements; requiring registration
decals issued by the commissioner on off highway motorcycles, specifying certain
display requirements and exceptions; authorizing commissioner recreational
vehicle or watercraft registration refunds under certain conditions; imposing
certain noise emission standards on the motorcycles; requiring persons receiving
off highway motorcycle violation citations to complete the environment and
safety education and training program; imposing licensing agents issuing fees
for duplicate recreational vehicle and firearms safety certificates; creating an
exception to off road vehicle registration requirements for vehicles operated at
the Iron Range off highway vehicle recreation area; requiring and providing for
the commissioner to establish a comprehensive off road vehicle environment and
safety education and training program; specifying certain required and
authorized uses of money credited to the snowmobile trails and enforcement
account; requiring certain individuals based on age or citations receipt to
successfully complete the independent study and/or testing and operating course
components of ATV safety training; authorizing course instructors to charge for
the cost of class material and expenses; modifying the youthful operator
restriction relating to ATV engine size and certain passenger restrictions;
authorizing the use of ATVs and off road vehicles off forest trails or roads on
forest lands classified as managed or limited under certain conditions,
excepting the Richard J. Dorer memorial hardwood forest; creating certain
exceptions to the prohibition on operation of ATVs on roadways, shoulders or
rights-of-way and prohibiting operation with certain snorkel devices; modifying
certain provisions relating to commercial fishing restrictions in infested
waters, requiring the commissioner to provide commercial licensees with a
current listing of designated infested waters at the time of license or permit
issuance; authorizing the establishment of trails extending the Glacial Lakes
trail system from New London to Cold Spring; authorizing the commissioner to
provide an alternative means to display and validate annual state park permits
and to designate a state park open house day at each park; exempting a certain
parking area at Big Bog state recreation area in Beltrami county from state park
permit requirements; authorizing the commissioner to authorize waiver or
reduction of state park entrance fees; increasing the fees for cross country ski
passes and modifying authorized uses of money in the cross country ski account
in the natural resources fund; increasing certain watercraft license fees;
creating the water recreation account in the natural resources fund for deposit
of certain fees, surcharges, fines, penalties and unrefunded gasoline tax
receipts relating to watercraft, restricting the use of money in the account;
authorizing the issuance of electronic burning permits, fees, creating a burning
permit account in the natural resources fund for deposit of the fees and
appropriating the money in the account to the commissioner for the costs of
operating the permit system; establishing the forest bough account in the
natural resources fund for deposit of bough buyers fees; exempting forest trail
designation changes from certain rulemaking requirements of the commissioner;
requiring the commissioner to give preference to Minnesota grown planting stock
in purchasing tree planting stock; authorizing use of a certain amount of money
deposited in the forest nursery account for forestry education and technical
assistance; modifying the fee for permits to salvage or cut fuelwood; creating
the land and minerals management accounts in the natural resources fund and
providing for use; modifying certain provisions regulating the classification,
valuation and exchange of state lands; extending the expiration date of the game
and fish budgetary oversight committee and requiring annual committee budget
plan recommendations to the legislature; modifying certain payments in lieu of
taxes on certain game refuge lands; expanding the authorized uses of trout and
salmon stamp revenues; eliminating the requirement for the commissioner to
include information on projects in the annual lifetime fish and wildlife trust
fund receipts and expenditures report; eliminating the open season on lynx;
requiring the commissioners of human services and natural resources to request a
waiver from federal requirements for social security numbers on game and fish
and cross country ski licenses for certain youth; modifying certain hunting
license issuance and fee provisions; providing for the tagging and registration
of certain species of fish; authorizing the training of hunting dogs on public
lands with a permit or by commissioner rule; authorizing the board of soil and
water resources to acquire conservation easements on behalf of the state and
federal government compatible with the Camp Ripley army compatible use buffer
project; requiring permission of the drainage authority or persons affected to
plant trees over public or private drain; reinstating the beaver damage control
grant program under the board; increasing certain water use processing and water
bank program application fees and modifying the surcharge requirement for
irrigation permits; eliminating the expiration date for citizen monitoring of
water quality; imposing a certain ethics requirement on individual sewage
treatment system inspectors and limiting the tank fee; extending the expiration
date of the environmental education advisory board under the office of
environmental assistance (OEA); replacing the solid waste management and
prevention, reduction and recycling advisory councils with a temporary
environmental innovations advisory council; expanding the authority of sanitary
districts relating to solid waste management and eliminating the requirement for
local government units to file separate waste management fee reports; extending
the deadline for prohibiting the placement of cathode ray tubes in mixed
municipal solid waste; clarifying the definition of full time equivalence for
employees or owners of dry cleaning facilities; providing for the
indemnification of pollution prevention assistance program participants;
specifying certain annual reporting requirements of recipients of appropriations
from the environment and natural resources trust fund used to acquire interest
in real property; encouraging road authorities to use low maintenance native
vegetation reducing the need to mow ditches outside cities for wildlife habitat
and public safety purposes, requiring the commissioner of natural resources to
cooperate with the commissioner of transportation (DOT) to provide enhanced
roadside habitat for nesting birds and other small wildlife; authorizing
personalization of and the issuance of critical habitat license plates for
recreational equipment; subjecting motorboat trailers to seizure and forfeiture
for operation while impaired (DWI,BWI); imposing a deadline for certain
utilities to obtain funding from nonstate sources for certain biomass projects;
authorizing county auditors with county board approval to contract with
municipal public utilities for the sale of farm grown closed loop biomass or
short rotation woody crops; modifying the authorized use by counties of
tax-forfeited land sale receipts for forest development; eliminating the use of
unrefunded gas taxes for motorboat use for state park development; increasing
the allocation of revenues from the solid waste management tax to the
environmental fund; requiring cities and towns to regulate the repair,
replacement, maintenance, improvement or expansion of nonconforming uses and
structures in floodplain areas; requiring and providing for the metropolitan
council to carry out metropolitan area water supply planning activities;
modifying certain metropolitan housing bond credit enhancement program debt
service payment requirements; authorizing alternative investments of county
environmental trust fund deposits and modifying the limit on the expenditure of
tax-forfeited land sale proceeds from the fund; correcting the purpose of a
certain prior appropriation to the university of Minnesota for land acquisition
at the landscape arboretum; reviving the authority of the pollution control
agency to adopt rules relating to water quality assessment for state waters;
expanding certain forest classification status review requirements of the
commissioner of natural resources and requiring the commissioner to permit
individuals to operate ATVs on privately owned land in areas open to taking deer
by firearms during the legal shooting hours of the season under certain
conditions; providing for the disposition of mineral payments for fiscal years
2006 and 2007; creating a temporary waste management task force to examine the
management of organic waste and report to the legislature by a certain date;
creating an environment and natural resources trust fund advisory task force to
make recommendations for expenditures from the fund; providing for the
continuation of agreements entered into between the metropolitan council and
participants in the credit enhancement program; requiring the council to
transfer funds from the proceeds of solid waste bonds available but not needed
for the credit enhancement program to the general fund for water supply planning
activities; entitling a certain former employee of the department of natural
resources to disability benefits from the Minnesota state retirement system
(MSRS); merging the office of environmental assistance with the PCA: specifying
certain reference and language deletion instructions to the revisor of statutes;
repealing the metropolitan water use and supply plan and the housing bond credit
enhancement program, certain state land exchange provisions and the existing off
highway vehicle safety and conservation program

ARTICLE 3 - JOBS AND ECONOMIC
DEVELOPMENT APPROPRIATIONS

Appropriating money to the commissioner of
employment and economic development (DEED) for business and community
development, for the job skills partnership program, for training for hard to
train individuals, for opportunities industrialization center, certain youth
intervention and employment programs and for employment services for persons
with disabilities, to the Minnesota conservation corps, to the commissioner of
commerce for financial examinations, for the petroleum tank release cleanup
board, for administrative services, for market assurance and for energy and
telecommunications, to the housing finance agency (HFA) for the economic
development and housing challenge program, for the housing trust fund, for a
rental housing assistance program for persons with mental illness, for family
homeless prevention and assistance programs, for the affordable rental
investment fund, for housing rehabilitation and accessibility, for home
ownership education, counseling and training and for capacity building grants,
to explore Minnesota tourism, to the commissioner of labor and industry for
workers compensation, for workplace services and for general support, to the
bureau of mediation services for labor management cooperation grants, to the
workers compensation court of appeals, to the Minnesota historical society for
education and outreach, for preservation and access, for the Minnesota
international center, for the air national guard and military museums, for
farmamerica and for a grant to Otter Tail county to redesign, furnish and equip
a veterans museum in Perham, to the arts board for operations and services, for
grants programs and for regional arts councils, to the boards of accountancy, of
architecture, engineering, land surveying, landscape architecture, geoscience
and interior design and of barber and cosmetologists examiners and to the public
utilities commission (PUC); providing for certain fund transfers including
transfers for the fair housing and mortgage consumer education programs;
establishing the budget base for the home ownership assistance fund in fiscal
years 2008 and 2009; specifying certain requirements of owners of federally
assisted rental property under the acquisition and rehabilitation program;
specifying certain tourism appropriation match requirements; increasing certain
high pressure piping pipefitter license fees; requiring the commissioner of
labor and industry to report to the legislature on the safety and education
program for loggers; requiring the boards of accountancy and of architecture,
engineering, land surveying, landscape architecture, geosicience and interior
design to combine administrative functions

ARTICLE 4 - JOBS AND ECONOMIC
DEVELOPMENT POLICY PROVISIONS

Requiring the legislative coordinating commission
(LCC) to study and report to the legislature on matters relating to the economic
status of women and on the adequacy of programs and services to families in the
state; updating certain weights and measures standards; setting or increasing
certain license fees payable to the commissioner of commerce; expanding the
membership requirements for the real estate appraiser advisory board and
specifying a frequency requirement for advisory board meetings; authorizing the
petroleum tank release compensation board to adopt rules specifying competitive
bidding and proposal and invoice requirements for consultant services proposals
and to provide reimbursements for certain bulk plant work completed after a
certain date under certain conditions, extending the expiration date of the
petroleum tank release cleanup program; increasing the amount of money required
to be annually allocated for renewable energy production incentives; extending
the availability of money appropriated to the contaminated site cleanup and
development grant account; modifying certain Minnesota redevelopment account
provisions, expanding authorized use to the metropolitan area, specifying
certain project priority and grant match requirements; authorizing the
commissioner of employment and economic development (DEED) to sell marketing
materials at cost to economic development organizations to pay for production of
the materials; modifying certain Minnesota investment fund grant limits and
certain job training program grant qualification requirements; expanding
business subsidy report content requirements; removing the chair of the
workforce development council from job skills partnership board membership,
expanding authorized uses of workforce development funds, modifying the special
assessment for the funds and establishing the incumbent worker grant program
under the board to expand opportunities for businesses and workers to gain new
skills; expanding the duties of local workforce councils; changing the
prohibition on the start of the school year before September 1st to a start
before Labor Day; modifying the compensation for members of the arts board;
replacing the commissioner of employment and economic development with the
director of explore Minnesota tourism on the membership of the Mississippi River
parkway commission and authorizing the commission to accept gifts, grants and
endowments; modifying certain truck and trailer wheel flap requirements and
certain highway length and weight restrictions for traffic regulation purposes
and clarifying the definition of peace officer; providing for the issuance of
special permits for certain vehicles hauling paper products, requiring
compliance with certain restrictions and imposing an annual fee; modifying the
relative value fee schedule under workers compensation and requiring the
commissioner of labor and industry to establish conversion factors for certain
services; prohibiting employer misrepresentation of the employment relationship
with employees and prohibiting agreements or documents resulting in
misclassification of the employee as an independent contractor; requiring the
commissioner to issue annual permits to boats carrying passengers for hire on
inland waters and modifying certain boiler and engine inspection and fee
requirements, specifying certain registration requirements, imposing certain
examination requirements on licensees and modifying certain reporting
requirements of boiler insurers; expanding eligibility for renewable energy
production incentive payments for wind energy conversion facilities; creating an
exception to the requirement for telephone companies to annually forward balance
sheets to the public utilities commission and the commissioner of commerce and
modifying certain regulatory expense assessment requirements, replacing the
requirement for telephone companies to pay for investigations with a new
authority application payment requirement; requiring and providing for PUC
establishment of a per number fee to fund the telephone assistance (TAP),
telecommunications access (TAM) and 911 emergency and public safety
communications programs, requiring remittance to the commissioner of revenue for
allocation purposes; authorizing use of money in the telephone assistance fund
for promotional activities; granting certain citations issuance authority to the
director of the weights and measures division of the department of commerce and
modifying certain petroleum products inspection requirements; requiring
refineries or terminals selling or transferring biodiesel fuel to provide a bill
of lading or shipping manifest to the person receiving the fuel, specifying
certain document disclosure requirements; providing for automotive fuel ratings,
certification and posting, specifying certain duties of distributors, retailers
and the director; authorizing the dissemination of unemployment insurance data
without consent of the subject of the data to local and state welfare agencies
to identify employment, wages and other information to assist in the collection
of overpayment debts in assistance programs; requiring the department of revenue
to provide explore Minnesota tourism with a certain periodic sales tax report;
prohibiting the commissioner of Iron Range resources and rehabilitation from
selling or privatizing the Ironworld discovery center or Giants Ridge golf and
ski resort without IRRRB approval; establishing a grant and loan fund for
taconite producers and providing for distributions to the cities of Virginia,
Hibbing and Tower for certain projects; excluding certain calls from the
definition of telephone solicitation for trade practices regulation purposes;
regulating representations of 911 emergency phone service, specifying certain
restrictions and certain disclosure requirements; requiring reimbursement to the
department of commerce for legal and administrative expenses under the
contractors recovery fund; modifying certain provisions regulating the sale of
abandoned securities; expanding eligibility for survivor benefits without a
minimum marriage period requirement under the public employees retirement
association (PERA) police and fire fund to survivors of fund members killed in
active military service; providing for a targeted early separation incentive
program for certain employees of the IRRRB under the Minnesota state retirement
system (MSRS), sunset; increasing the marriage license marriage dissolution fee
and providing for appropriation of the increases to the commissioner of
employment and economic development to fund the displaced homemaker program;
modifying certain county capital improvement plan requirements; expanding the
authority of the housing finance agency (HFA) to refinance residential housing
and eligibility for economic development and housing challenge grants or loans;
modifying the compensation for port authority commissioners; expanding the
authority of counties to form county economic development authorities to
metropolitan area counties under certain conditions; modifying the definitions
of qualified business for job opportunity building and biotechnology and health
sciences industry zone purposes and clarifying certain tax reduction repayment
obligation requirements for businesses in either type of zone; increasing the
frequency requirement for local government unit pay equity (equitable
compensation) reports to the legislature; reducing the penalty for the crime of
obstruction of treatment of railroad employees injured on the job; extending the
authority of the PUC to assess administrative penalties for anticompetitive
activities of telecommunications providers; extending the temporary petrofund
fee exemption for state commercial airlines; modifying certain provisions
regulating the purchase and deployment of hydrogen fuel cells and related
technologies; establishing a temporary Minnesota sesquicentennial commission to
plan activities relating to the 150th anniversary of statehood; reviving the
local approval requirement for a certain Redwood county surplus state land sale;
specifying certain renumbering, alphabetization and cross reference correction
instructions to the revisor of statutes; repealing the criteria for use of funds
in the Minnesota redevelopment accounts, the authority of the commissioner of
employment and economic development to enter into certain tourism project
agreements, the requirement for annual job skills partnership board reports to
the legislature on workforce development programs, the apprenticeship
registration fee, the definitions of carbon monoxide control area and period
under the weights and measures division, mortgage credit certificate aid and the
expiration date for certain expedited proceedings and practices of the PUC


ARTICLE 5 - REGULATION OF SERVICE CONTRACTS

Providing for the regulation of
service contracts and contract providers, exemptions; specifying certain
requirements for transacting business, authorizing the appointment of an
administrator, requiring registration with the commissioner of commerce,
specifying certain insurance and other financial requirements, imposing a right
of return; specifying certain required disclosures relating to reimbursement
insurance policies and service contracts; specifying certain prohibited acts and
recordkeeping requirements; providing for termination of reimbursement insurance
policies, imposing certain obligations on insurers; severability provision;
prohibiting certain unfair or deceptive practices relating to service
contracts
(ra, ja)