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1987 Minnesota Session Laws

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                         Laws of Minnesota 1987 

                        CHAPTER 358-S.F.No. 1516 
           An act relating to the organization and operation of 
          state government; appropriating money for the 
          department of transportation and other agencies with 
          certain conditions; providing for regulation of 
          certain activities and practices; requiring studies 
          and reports; fixing and limiting fees; amending 
          Minnesota Statutes 1986, sections 12.14; 17A.04, 
          subdivision 5; 18.51, subdivision 2; 18.52, 
          subdivision 5; 18.53; 27.041, subdivision 2; 27.07, by 
          adding a subdivision; 28A.08; 32.075; 32.59; 40.01, 
          subdivision 4; 40.03, subdivision 4; 40.035, 
          subdivision 2; 40.21, subdivisions 1 and 3; 40.43, 
          subdivision 1; 60A.14, subdivision 1; 60A.206, 
          subdivision 2; 60A.23, subdivision 7; 70A.14, 
          subdivision 4; 83.23, subdivisions 2 and 3; 83.30, 
          subdivision 2; 105.73; 110B.02, subdivision 2; 112.35, 
          subdivision 4; 116C.03, subdivision 2; 138.65; 138.91, 
          by adding a subdivision; 144.226, subdivision 3; 
          171.02, subdivision 3; 171.06, subdivision 2; 296.17, 
          subdivision 9a; 297B.09, subdivision 1; 299A.23, 
          subdivision 3; 299A.26; 309.531, subdivision 1; 
          326.241, subdivision 3; 326.244, subdivision 2; 
          332.33, subdivisions 3 and 4; 473.39, subdivision 1a; 
          473.876, by adding a subdivision; 473.877, subdivision 
          2; 473.8771, subdivisions 1 and 2; 473.878, 
          subdivisions 7 and 8; 611A.61, by adding a 
          subdivision; 626.841; 626.846, by adding a 
          subdivision; and 626.852; proposing coding for new law 
          in Minnesota Statutes, chapters 110B and 626; 
          proposing coding for new law as Minnesota Statutes, 
          chapter 18B; repealing Minnesota Statutes 1986, 
          sections 18A.21 to 18A.48; 40.03, subdivisions 1, 1a, 
          2, and 3; 105.71; 116C.40, subdivision 3; 116C.41, 
          subdivision 2; 297B.09, subdivision 2; and 626.849.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [TRANSPORTATION AND OTHER AGENCIES; 
APPROPRIATIONS.] 
    The sums shown in the columns marked "APPROPRIATIONS" are 
appropriated from the general fund, or another named fund, to 
the agencies and for the purposes specified in this act, to be 
available for the fiscal years indicated for each purpose.  The 
figures "1987," "1988," and "1989," where used in this act, mean 
that the appropriation or appropriations listed under them are 
available for the year ending June 30, 1987, June 30, 1988, or 
June 30, 1989, respectively.  

                            SUMMARY BY FUND 
             1987           1988          1989         TOTAL   
General   $1,089,200    $89,791,000   $89,138,200 $  180,018,400
Special Revenue           4,310,400     4,660,400      8,970,800
Airports                 10,910,800    11,707,000     22,617,800
M.S.A.S.                 58,750,000    59,250,000    118,000,000
C.S.A.H.                183,550,000   184,915,000    368,465,000
Tr. Hwy.                648,724,900   646,769,000  1,295,493,900
Hwy. User                 9,690,500     9,770,700     19,461,200
Transit Assistance        7,100,000     7,425,000     14,525,000
Motor Vehicle Transfer      868,800       868,800      1,737,600
Transfers to Other 
   Direct                (1,600,400)   (1,638,800)    (3,239,200)
TOTAL     $1,089,200 $1,012,096,000 $1,012,865,300 $2,026,050,500
                                          APPROPRIATIONS
                                       Available for the Year
                                           Ending June 30 
                                          1988         1989
     Sec. 2.  TRANSPORTATION  
     Subdivision 1.  Total 
Appropriation                         $855,432,300 $856,083,400
                            1988     1989
     Approved Complement - 4,651    4,648 
     General -                15       14 
     State Airports -         40       40 
     Trunk Highway -       4,580    4,580 
     Federal -                16       16 
 The appropriations in this section are 
from the trunk highway fund, except 
where another fund is named. 
              Summary by Fund 
General            $  5,107,200  $  4,912,200 
Airports           $ 10,910,800  $ 11,707,000 
M.S.A.S.           $ 58,750,000  $ 59,250,000 
C.S.A.H.           $183,550,000  $184,915,000 
Trunk Highway      $594,825,500  $592,930,400 
Transit Assistance
  Fund             $  1,420,000  $  1,500,000 
Motor Vehicle 
  Transfer         $    868,800  $    868,800 
 The amounts that may be spent from this 
appropriation for each program are 
specified in the following subdivisions.
     Subd. 2.  Highway Development     596,998,500  597,409,700
              Summary by Fund 
M.S.A.S.           $ 58,750,000  $ 59,250,000 
C.S.A.H.           $183,550,000  $184,915,000 
Trunk Highway      $353,829,700  $352,375,900 
Motor Vehicle 
  Transfer         $    868,800  $    868,800 
(a) Trunk Highway Development 
      1988           1989 
  $343,609,100  $343,569,100 
              Summary by Fund 
Trunk Highway      $342,740,300  $342,700,300 
Motor Vehicle 
  Transfer         $    868,800  $    868,800 
 It is estimated that the appropriation 
from the trunk highway fund will be 
funded as follows:  
Federal Highway Aid 
  $222,000,000  $207,000,000 
Highway User Taxes 
  $120,740,300  $135,700,300 
 The commissioner of transportation 
shall notify the chair of the senate 
finance committee and chair of the 
house appropriations committee promptly 
of any events that should cause these 
estimates to change. 
 This appropriation is for the actual 
construction, reconstruction, and 
improvement of trunk highways.  This 
includes the cost of actual payment to 
land owners for lands acquired for 
highway right-of-way, payment to 
lessees, interest subsidies, and 
relocation expenses.  
(b) County State Aids
  $183,550,000  $184,915,000 
 This appropriation is from the county 
state-aid highway fund and is available 
until spent.  
(c) Municipal State Aids
  $ 58,750,000  $ 59,250,000 
 This appropriation is from the 
municipal state-aid street fund and is 
available until spent.  
 If an appropriation for either county 
state aids or municipal state aids does 
not exhaust the balance in the fund 
from which it is made in the year for 
which it is made, the commissioner of 
finance, upon request of the 
commissioner of transportation, shall 
notify the committee on finance of the 
senate and the committee on 
appropriations of the house of 
representatives of the amount of the 
remainder and shall then add that 
amount to the appropriation.  The 
amount added is appropriated for the 
purposes of county state aids or 
municipal state aids, as appropriate.  
(d) Highway Debt Service
  $ 11,089,400  $  9,675,600 
 For transfer to the state bond fund. 
 If this appropriation is insufficient 
to make all transfers required in the 
year for which it is made, the 
commissioner of finance shall notify 
the committee on finance of the senate 
and the committee on appropriations of 
the house of representatives of the 
amount of the deficiency and shall then 
transfer that amount under the 
statutory open appropriation.  
 Any excess appropriation must be 
canceled to the trunk highway fund. 
     Subd. 3.  Highway Operations      169,520,600  169,138,700
 The amounts that may be spent from this 
appropriation for each activity are as 
follows:  
(a) Maintenance
  $119,367,300  $119,119,100
The commissioner of transportation 
shall assume the responsibility of 
operating the Anchor Lake travel 
information center effective July 1, 
l987. 
(b) Construction Support
  $ 50,153,300  $ 50,019,600
     Subd. 4.  Technical Services       38,444,200   38,343,400
 The amounts that may be spent from this 
appropriation for each activity are as 
follows:  
(a) Program Delivery 
  $ 35,057,200  $ 34,965,800 
 $75,000 the first year and $75,000 the 
second year are for a transportation 
research contingent account to finance 
research projects that are reimbursable 
from the federal government or from 
other sources.  Expenditures from this 
account are subject to the approval of 
the commissioner of finance.  
Reimbursements must be deposited in the 
trunk highway fund.  If the 
appropriation for either year is 
insufficient, the appropriation for the 
other year is available for it. 
(b) State Aid Technical Assistance
  $    911,900  $    909,900
(c) Electronic Communications
  $  2,475,100  $  2,467,700 
     Subd. 5.  Non-Metropolitan 
Transit Assistance                       5,800,000    5,720,000 
              Summary by Fund 
General            $  4,380,000  $  4,220,000 
Transit Assistance $  1,420,000  $  1,500,000 
 Any unencumbered balance remaining in 
the first year does not cancel but is 
available for the second year of the 
biennium. 
     Subd. 6.  Program Management        7,330,300    7,297,000 
              Summary by Fund 
General            $    683,600  $    645,900 
Trunk Highway      $  6,646,700  $  6,651,100 
 The amounts that may be spent from this 
appropriation for each activity are as 
follows: 
(a) Highway Programs 
  $  1,789,100  $  1,784,600
              Summary by Fund 
General            $     70,900  $     70,900 
Trunk Highway      $  1,718,200  $  1,713,700 
 $225,000 the first year and $225,000 
the second year are available for 
grants to regional development 
commissions outside the seven-county 
metropolitan area for transportation 
studies to identify critical concerns, 
problems, and issues. 
(b) Motor Carrier Safety and Compliance 
  $  1,062,200  $  1,059,600 
(c) Railroads and Waterways 
  $    908,200  $    905,900 
              Summary by Fund 
General            $    233,600  $    233,300 
Trunk Highway      $    674,600  $    672,600 
(d) Transit Administration 
  $    594,000  $    556,500
              Summary by Fund 
General            $    379,100  $    341,700 
Trunk Highway      $    214,900  $    214,800 
(e) Transportation Data, Research, and 
Analysis 
  $  2,976,800  $  2,990,400 
     Subd. 7.  General Support  
Services                                26,572,400   26,607,600 
              Summary by Fund 
General            $     43,600  $     46,300 
Airports           $    144,500  $    140,000 
Trunk Highway      $ 26,384,300  $ 26,421,300 
 The amounts that may be spent from this 
appropriation for each activity are as 
follows:  
(a) Finance and Administration
  $  8,556,600  $  8,530,500 
(b) General Services
  $  7,355,100  $  7,425,100 
              Summary by Fund 
General            $     38,900  $     41,600 
Airports           $     78,800  $     83,100 
Trunk Highway      $  7,237,400  $  7,300,400 
(c) Equipment
  $  9,672,500  $  9,663,800 
 If the appropriation for either year is 
insufficient, the appropriation for the 
other year is available for it. 
              Summary by Fund 
General            $      4,700  $      4,700 
Airports           $     65,700  $     56,900 
Trunk Highway      $  9,602,100  $  9,602,200 
(d) Legal Services
  $    988,200  $    988,200 
 This appropriation is for the purchase 
of legal services from or through the 
attorney general.  
     Subd. 8.  Aeronautics              10,766,300   11,567,000 
This appropriation is from the state 
airports fund.  
(a) Aeronautics Operations
  $  1,089,500  $  1,156,800 
(b) Airport Development and Assistance
  $  9,572,700  $ 10,306,100
 $1,563,700 the first year and 
$1,546,600 the second year are for 
navigational aids.  
 $4,828,800 the first year and 
$5,689,100 the second year are for 
airport construction grants.  
 $1,713,000 the first year and 
$1,713,000 the second year are for 
airport maintenance grants.  
 If the appropriation for either year 
for navigational aids, airport 
construction grants, or airport 
maintenance grants is insufficient, the 
appropriation for the other year is 
available for it.  The appropriations 
for construction grants and maintenance 
grants must be expended only for 
grant-in-aid programs for airports that 
are not state owned. 
 These appropriations must be expended 
in accordance with Minnesota Statutes, 
section 360.305, subdivision 4. 
 The commissioner of transportation may 
transfer unencumbered balances among 
the appropriations for airport 
development and assistance with the 
approval of the governor after 
consultation with the legislative 
advisory commission.  
 $8,000 the first year and $8,000 the 
second year are for maintenance of the 
Pine Creek Airport.  
(c) Air Transportation Services
  $     39,100  $     39,100 
(d) Civil Air Patrol 
  $     65,000  $     65,000 
     Subd. 9.  Transfers
 The commissioner of transportation with 
the approval of the commissioner of 
finance may transfer unencumbered 
balances among the appropriations from 
the trunk highway fund and the state 
airports fund made in this section.  No 
transfer may be made from the 
appropriation for trunk highway 
development.  No transfer may be made 
from the appropriations for debt 
service to any other appropriation.  
Transfers may not be made between funds.
Transfers must be reported immediately 
to the committee on finance of the 
senate and the committee on 
appropriations of the house of 
representatives.  
     Subd. 10.  Contingent Appropriations
 (a) The commissioner of transportation, 
with the approval of the governor after 
consultation with the legislative 
advisory commission, may transfer all 
or part of the unappropriated balance 
in the state airports fund to an 
appropriation for state airports 
purposes in order to meet an emergency 
or to take advantage of an 
unanticipated receipt of income to the 
state airports fund.  The amount 
transferred is appropriated for the 
purpose of the account to which it is 
transferred. 
 (b) The commissioner of transportation, 
with the approval of the governor after 
consultation with the legislative 
advisory commission, may transfer all 
or part of the unappropriated balance 
in the trunk highway fund to an 
appropriation for trunk highway 
purposes in order to meet an emergency 
or to take advantage of an 
unanticipated receipt of income to the 
trunk highway fund.  The amount 
transferred is appropriated for the 
purpose of the account to which it is 
transferred.  
     Sec. 3.  REGIONAL TRANSIT BOARD    20,450,000   20,450,000
              Summary by Fund
General            $ 14,770,000  $ 14,525,000
Transit Assistance $  5,680,000  $  5,925,000
 The amounts that may be spent from this 
appropriation for each program are 
specified in the following subdivisions.
 Notwithstanding Minnesota Statutes, 
section 473.398, the regional transit 
board may expend the funds appropriated 
by this section for the purposes stated 
herein. 
     Subdivision 1.  Regular
Route Service                           11,721,500   11,721,500
     Subd. 2.  Metro
Mobility                                 6,250,000    6,250,000
     Subd. 3.  Small Urban,
Rural, and Replacement Services            730,000      730,000
     Subd. 4.  Test Marketing
of New Services                            448,500      448,500
     Subd. 5.  Light Rail Transit
Studies                                    200,000      200,000
     Subd. 6.  Planning and
Programs                                   750,000      750,000
     Subd. 7.  Administration              350,000      350,000
 If an appropriation in this section for 
either year is insufficient, the 
appropriation for the other year is 
available for it. 
 No more than $1,300,000 the first year 
and $1,300,000 the second year may be 
used for regional transit board 
administration, planning, programs, and 
light rail transit studies. 
 The board may supplement any of the 
appropriations made in this section 
from its fund balance reserve. 
 The board shall not spend any funds on 
light rail transit planning or 
preliminary engineering or test 
marketing of new services if the 
expenditure of the funds reduces the 
level of regular route transit service 
provided by the metropolitan transit 
commission or other operators. 
 The board may not allow the 
metropolitan transit commission to 
alter fare schedules existing on 
January 1, 1987, until the board has 
adopted a plan and policies on fares as 
required by Laws 1985, First Special 
Session chapter 10, section 30, and has 
submitted its plan to the senate 
transportation and finance committees 
and the house of representatives 
metropolitan affairs and appropriations 
committees for their review and comment.
 The regional transit board may not be a 
recipient of federal capital or 
operating assistance for transit.  The 
board shall study and report to the 
legislature by January 1, 1988, on the 
effects, advantages, and disadvantages 
of transferring the authority to 
receive these funds from the commission 
to the board and on how and for what 
purpose the board would use the funds 
differently than the commission would 
use the funds. 
     Sec. 4.  TRANSPORTATION 
REGULATION BOARD                           531,500      531,500 
    Approved Complement - 8 
 This appropriation is from the trunk 
highway fund. 
     Sec. 5.  PUBLIC SAFETY
     Subdivision 1.  Total 
Appropriation                           81,888,100   81,990,800 
    Approved Complement - 1,676.4 
    General - 393.7 
    Special Revenue - 3 
    Trunk Highway - 1,060.8 
    Highway User - 173.6 
    Federal - 48.3 
 The above approved complement includes 
511 for state-funded, unclassified 
patrol officers and supervisors of the 
state patrol.  Nothing in this 
provision is intended to limit the 
authority of the commissioner of public 
safety to transfer personnel, with the 
approval of the commissioner of 
finance, among the various units and 
divisions within this section, provided 
that the above complement must be 
reduced accordingly. 
              Summary by Fund 
General            $ 20,905,800  $ 20,977,500 
For 1987 - $900,000 
Trunk Highway      $ 52,517,200  $ 52,456,400 
Highway User       $  9,565,500  $  9,645,700 
Special Revenue    $    500,000  $    550,000 
Transfers to Other
   Direct         ($  1,600,400)($  1,638,800)
 The amounts that may be spent from this 
appropriation for each program are 
specified in the following subdivisions.
 The amounts shown in the program totals 
are reduced by $87,500 the first year 
and $87,500 the second year from the 
general fund.  Reductions must be made 
from appropriations that will not 
reduce revenue to the general fund.  
     Subd. 2.  Administration and Related 
Services
  $  4,048,200  $  4,046,900
              Summary by Fund 
General            $     52,500  $     52,500 
Trunk Highway      $  3,905,700  $  3,904,400 
Highway User       $     90,000  $     90,000 
     Subd. 3.  Emergency Services
  $    886,300  $    887,000
 $341,700 the first year and $342,000 
the second year are for nuclear plant 
preparedness.  Any unencumbered balance 
remaining in the first year does not 
cancel but is available for the second 
year of the biennium. 
     Subd. 4.  Criminal Apprehension
  $ 11,145,900  $ 11,239,400
              Summary by Fund 
General            $ 10,221,300  $ 10,313,200 
Trunk Highway      $    924,600  $    926,200 
 $223,300 the first year and $223,300 
the second year are for use by the 
bureau of criminal apprehension for the 
purpose of investigating 
cross-jurisdictional criminal 
activity.  Any unencumbered balance 
remaining in the first year does not 
cancel but is available for the second 
year of the biennium.  
 $171,000 the first year and $171,000 
the second year are for grants to local 
officials for the cooperative 
investigation of cross-jurisdictional 
criminal activity.  Any unencumbered 
balance remaining in the first year 
does not cancel but is available for 
the second year of the biennium. 
 The commissioner of public safety may 
charge tuition to cover the cost of 
continuing education courses provided 
by the bureau of criminal apprehension 
when money available to the 
commissioner for this purpose is not 
adequate to pay these costs.  The 
tuition fees collected by the 
commissioner are annually appropriated 
to the commissioner. 
     Subd. 5.  Fire Safety
  $  1,801,800  $  1,798,800 
     Subd. 6.  State Patrol
  $ 34,456,000  $ 34,375,600
 This appropriation is from the trunk 
highway fund. 
 No more than five positions in the 
state patrol support activity may be 
filled by state troopers. 
 The commissioner may not require the 
use of gasohol in the operation of 
state patrol vehicles. 
 During the biennium ending June 30, 
1989, and notwithstanding any law to 
the contrary, the commissioner shall 
authorize the appointing authority to 
permit the donation of up to eight 
hours of accumulated vacation time in 
each year by each employee who is a 
member of law enforcement unit number 1 
to the employee's union representative 
for the purpose of carrying out the 
duties of office. 
     Subd. 7.  Capitol Security
  $  1,285,500  $  1,271,000 
     Subd. 8.  Driver and Vehicle Licensing
  $ 26,163,100  $ 26,231,600 
              Summary by Fund 
General            $  4,303,600  $  4,309,300 
Trunk Highway      $ 13,230,900  $ 13,250,200 
Highway User       $  8,628,600  $   8,672,100
 $471,400 the first year and $471,400 
the second year are for alcohol 
assessment reimbursements to counties. 
     Subd. 9.  Liquor Control 
  $    694,800  $    684,400 
     Subd. 10.  Ancillary Services
  $  1,494,000  $  1,543,600 
For 1987 - $900,000 
              Summary by Fund 
General            $    994,000  $    993,600 
For 1987 - $900,000 
Special Revenue    $    500,000  $    550,000 
 $900,000 for fiscal year 1987 is for 
the crime victims reparation board and 
is added to the appropriation in Laws 
1985, First Special Session chapter 10, 
section 4, subdivision 10. 
 $1,797,200 the first year and 
$1,846,900 the second year are for the 
crime victims reparations board, of 
which $1,297,200 the first year and 
$1,296,900 the second year are from the 
general fund and $500,000 the first 
year and $550,000 the second year are 
from the crime victim and witness 
account in the special revenue fund. 
Any unencumbered balance remaining the 
first year does not cancel but is 
available for the second year of the 
biennium. 
 Notwithstanding any other law to the 
contrary, the crime victims reparations 
board shall, to the extent possible, 
distribute the appropriation in equal 
monthly increments for fiscal year 1988 
and fiscal year 1989.  In no case shall 
the total awards exceed the 
appropriation made in this subdivision. 
$115,000 the first year and $115,000 
the second year is for hazardous 
substance notification and response.  
One of the two positions in this 
activity is in the unclassified service.
 $51,800 the first year and $51,700 the 
second year are for the expenses of the 
private detective and protective agency 
licensing board. 
     Subd. 11.  Transfers 
 The commissioner of public safety with 
the approval of the commissioner of 
finance may transfer unencumbered 
balances not specified for a particular 
purpose among the above programs within 
a fund.  Transfers must be reported 
immediately to the committee on finance 
of the senate and the committee on 
appropriations of the house of 
representatives.  
    Subd. 12.  Reimbursements 
 (a) $753,500 for the first year and 
$755,200 for the second year are 
appropriated from the general fund for 
transfer by the commissioner of finance 
to the trunk highway fund on January 1, 
1988, and January 1, 1989, 
respectively, in order to reimburse the 
trunk highway fund for expenses not 
related to the fund.  These represent 
amounts appropriated out of the trunk 
highway fund for general fund purposes 
in the administration and related 
services program.  
 (b) $326,000 for the first year and 
$327,300 for the second year are 
appropriated from the highway user tax 
distribution fund for transfer by the 
commissioner of finance to the trunk 
highway fund on January 1, 1988, and 
January 1, 1989, respectively, in order 
to reimburse the trunk highway fund for 
expenses not related to the fund.  
These represent amounts appropriated 
out of the trunk highway fund for 
highway user fund purposes in the 
administration and related services 
program. 
 (c) $520,900 for the first year and 
$556,300 for the second year are 
appropriated from the highway user tax 
distribution fund for transfer by the 
commissioner of finance to the general 
fund on January 1, 1988, and January 1, 
1989, respectively, in order to 
reimburse the general fund for expenses 
not related to the fund.  These 
represent amounts appropriated out of 
the general fund for operation of the 
criminal justice data network related 
to driver and motor vehicle licensing. 
     Sec. 6.  BOARD OF PEACE OFFICER 
STANDARDS AND TRAINING
General Operations and Management        3,300,000    3,600,000 
    Approved Complement - 9 
 These appropriations are from the peace 
officers training account in the 
special revenue fund. 
 Notwithstanding any other law to the 
contrary, any presently duly elected 
sheriff must be licensed by the board 
as a peace officer as defined in 
Minnesota Statutes, section 626.84, 
subdivision 1, paragraph (c), provided 
that the sheriff must complete all 
current board requirements by June 30, 
1989.  Failure to complete board 
requirements by June 30, 1989, shall 
result in revocation of any license 
granted, with the office of sheriff 
being declared vacant.  An election 
must be held to fill the vacancy in the 
office of sheriff as provided by law. 
     Sec. 7.  AGRICULTURE
     Subdivision 1.  Total 
Appropriation                            9,735,900    9,768,500
                           1988      1989
     Approved Complement - 451.8     455.8
     General -             177.8     177.8
     Special/Revolving -   255.7     259.7
     Federal -              18.3      18.3
              Summary by Fund 
General            $  9,548,100  $  9,580,700 
Special Revenue    $    187,800  $    187,800
 The amounts that may be spent from this 
appropriation for each program are 
specified in the following subdivisions.
 The amounts shown in the program totals 
are reduced by $190,000 the first year 
and $190,000 the second year from the 
general fund.  Reductions must be made 
from appropriations that will not 
reduce revenue to the general fund.  
     Subd. 2.  Protection Service
  $  3,580,000  $  3,563,600 
 Of this amount $40,000 the first year 
and $40,000 the second year are to 
increase the detection and management 
of oak wilt in the state's shade trees. 
Any unencumbered balance remaining in 
the first year does not cancel but is 
available for the second year of the 
biennium.  
     Subd. 3.  Family Farm Security 
  $  2,384,000  $  2,383,400 
 $1,800,000 the first year and 
$1,800,000 the second year are for 
family farm security interest payment 
adjustments.  If the appropriation for 
either year is insufficient, the 
appropriation for the other year is 
available for it.  No new loans may be 
approved in fiscal year 1988 or 1989.  
The participant's interest in a family 
farm loan guarantee executed before the 
effective date of this act may be 
assigned to a new participant. 
$288,900 the first year and $288,900 
the second year are for farm crisis 
assistance. 
     Subd. 4.  Administrative Support and 
Grants 
  $  3,961,900  $  4,011,500 
              Summary by Fund 
General            $  3,774,100  $  3,823,700 
Special Revenue    $    187,800  $    187,800
 $30,900 the first year and $30,900 the 
second year are for payment of claims 
relating to livestock damaged by 
endangered animal species.  If the 
appropriation for either year is 
insufficient, the appropriation for the 
other year is available for it. 
 $187,800 the first year and $187,800 
the second year are from the 
commodities research and promotion 
account in the special revenue fund. 
 $102,500 the first year and $102,500 
the second year are for the seaway port 
authority of Duluth. 
     Subd. 5.  Transfers 
 The commissioner of agriculture with 
the approval of the commissioner of 
finance may transfer unencumbered 
balances not specified for a particular 
purpose among the above programs. 
Transfers must be reported immediately 
to the committee on finance of the 
senate and the committee on 
appropriations of the house of 
representatives.  
     Sec. 8.  BOARD OF WATER AND SOIL 
RESOURCES                                3,789,500    3,787,300
    Approved Complement - 19 
$10,000 the first year and $10,000 the 
second year is for the International 
Water Coalition. 
 $814,200 the first year and $814,200 
the second year are for general purpose 
grants-in-aid to soil and water 
conservation districts. 
 $152,300 the first year and $152,300 
the second year are for grants to 
districts for technical assistance, 
education, and demonstrations of 
conservation tillage. 
 $198,500 the first year and $198,500 
the second year are for grants to 
watershed districts and other local 
units of government in the southern 
Minnesota river basin study area 2 for 
flood plain management.  
 $1,501,000 the first year and 
$1,501,000 the second year are for 
grants to soil and water conservation 
districts for cost-sharing contracts 
for erosion control and water quality 
management.  
 The appropriations in this section for 
the southern Minnesota river basin 
study area 2 and for grants to soil and 
water districts for cost-sharing 
contracts for erosion control and water 
quality management are available until 
expended. 
 $158,700 the first year and $158,700 
the second year are for grants-in-aid 
to soil and water conservation 
districts and local units of government 
to assist them in solving sediment and 
erosion control problems.  Grants must 
not exceed 50 percent of total project 
costs or 50 percent of the local share 
if federal money is used.  Priority 
must be given to projects designed to 
solve lakeshore, stream bank, and 
roadside erosion and to projects 
eligible for federal matching money.  
 $12,400 the first year and $12,400 the 
second year are for grants to soil and 
water conservation districts for review 
and comment on water permits. 
     Sec. 9.  BOARD OF ANIMAL HEALTH     1,595,100    1,585,300 
    Approved Complement - 36 
 This appropriation includes $24,900 the 
first year and $24,900 the second year 
for payment of indemnities.  If the 
appropriation for indemnities for 
either year is insufficient, the 
appropriation for the other year is 
available for it.  Indemnities of less 
than $1 must not be paid.  
     Sec. 10.  COMMERCE 
     Subdivision 1.  Total 
 Appropriation                           9,833,600    9,571,000 
    Approved Complement - 239 
    General - 236 
    Special Revenue - 3 
              Summary by Fund 
General            $  9,572,400  $  9,309,700 
For 1987 - $189,200 
Special Revenue    $    261,200  $    261,300 
 The amounts that may be spent from this 
appropriation for each program are 
specified in the following subdivisions.
     Subd. 2.  Financial Examinations 
  $  3,990,100  $  3,969,300 
For 1987 - $189,200
 This appropriation is for bank 
examinations and is added to the 
appropriation in Laws 1985, First 
Special Session chapter 10, section 7, 
subdivision 2. 
     Subd. 3.  Registration and Analysis 
  $  1,716,500  $  1,696,700 
     Subd. 4.  Administrative Services 
  $  1,627,100  $  1,627,800 
     Subd. 5.  Enforcement and Licensing 
  $  2,434,100  $  2,277,200 
              Summary by Fund 
General            $  2,172,900  $  2,015,900
Special Revenue    $    261,200  $    261,300
 $261,200 the first year and $261,300 
the second year are from the real 
estate education, research and recovery 
account in the special revenue fund for 
the purpose of Minnesota Statutes, 
section 82.34, subdivision 6.  If the 
appropriation from the special revenue 
fund for either year is insufficient, 
the appropriation for the other year is 
available for it. 
     Subd. 6.  Farm Loan Interest Buy-Down
  $     62,000  
     Subd. 7.  Legislative Coordinating Commission 
  $      3,800       
 This appropriation is transferred to 
the legislative coordinating commission 
for the legislative study commission on 
government and business competition.  
     Subd. 8.  Transfers 
 The commissioner with the approval of 
the commissioner of finance may 
transfer unencumbered balances not 
specified for a particular purpose 
among the above programs.  Transfers 
must be reported immediately to the 
committee on finance of the senate and 
the committee on appropriations of the 
house of representatives.  
     Sec. 11.  NON-HEALTH-RELATED BOARDS 
     Subdivision 1.  Total for this 
section                                    890,900      891,200 
     Subd. 2.  Board of Abstractors          3,900        3,900 
     Subd. 3.  Board of Accountancy        344,600      340,800 
    Approved Complement - 5 
     Subd. 4.  Board of Architecture, 
Engineering, Land Surveying, and 
Landscape Architecture                     351,500      357,700 
    Approved Complement - 6 
     Subd. 5.  Board of Barber
Examiners                                  137,000      134,900 
    Approved Complement - 3 
     Subd. 6.  Board of Boxing              53,900       53,900 
    Approved Complement - 1.5 
     Subd. 7.  Board of Electricity 
    Approved Complement - 18 
     Sec. 12.  PUBLIC UTILITIES 
COMMISSION                               1,878,100    1,760,400 
    Approved Complement - 35 
 $139,000 the first year and $33,000 the 
second year are for office automation.  
Any unencumbered balance remaining in 
the first year does not cancel but is 
available for the second year.  
 Notwithstanding Minnesota Statutes, 
section 216B.243, subdivision 6, for 
any certificate of need application for 
expansion of the storage capacity for 
spent nuclear fuel rods, the commission 
and department shall assess actual 
amounts billed by the office of 
administrative hearings and up to 
$300,000 of reasonable costs of the 
commission and department pursuant to 
Minnesota Statutes, section 216B.62, 
subdivision 6, during the biennium, 
subject to the limitations of Minnesota 
Statutes, section 216B.62, subdivision 
2. 
     Sec. 13.  PUBLIC SERVICE
     Subdivision 1.  Total 
Appropriation                            6,272,700    6,260,100 
                           1988     1989  
     Approved Complement - 149.1    132.3 
     General -             125.3    125.3 
     Special Revenue -       6.8      5.5 
     Federal -              17.0      1.5 
              Summary by Fund 
General            $  6,211,300  $  6,198,800 
Special Revenue    $     61,400  $     61,300
 The amounts that may be spent from this 
appropriation for each program are 
specified in the following subdivisions.
     Subd. 2.  Utility Regulation
  $  1,777,200  $  1,773,000
     Subd. 3.  Weights and Measures 
  $  1,881,100  $  1,876,400
     Subd. 4.  Administrative Services 
  $    608,300  $    608,600
     Subd. 5.  Energy 
  $  2,026,100  $  2,022,100 
              Summary by Fund 
General            $  1,944,700  $  1,940,800 
Special Revenue    $     61,400  $     61,300
     Subd. 6.  Transfers 
 The department of public service, with 
the approval of the commissioner of 
finance, may transfer unencumbered 
balances not specified for a particular 
purpose among the above programs.  
Transfers must be reported immediately 
to the committee on finance of the 
senate and the committee on 
appropriations in the house of 
representatives. 
     Sec. 14.  RACING COMMISSION           883,900      888,800 
    Approved Complement - 10 
    General - 8 
    Special Revenue - 2 
     Sec. 15.  CHARITABLE GAMBLING 
CONTROL BOARD                              661,500      641,600 
    Approved Complement - 15 
 One auditor position included in the 
complement must be reviewed for its 
continuation beyond the biennium ending 
June 30, 1989. 
     Sec. 16.  ETHICAL PRACTICES BOARD     219,700      219,900 
    Approved Complement - 5 
     Sec. 17.  MINNESOTA MUNICIPAL 
BOARD                                      235,700      235,400 
    Approved Complement - 4 
     Sec. 18.  MINNESOTA-WISCONSIN 
BOUNDARY AREA COMMISSION                    99,500       99,200 
 $17,000 the first year and $17,000 the 
second year is available only if 
matched by funds from the state of 
Wisconsin.  The additional position is 
available only for the biennium ending 
June 30, 1989.  
     Sec. 19.  UNIFORM LAWS COMMISSION      13,600       13,600 
     Sec. 20.  VOYAGEURS NATIONAL 
PARK CITIZENS COMMITTEE                     70,000       70,000 
 Notwithstanding any law to the 
contrary, the citizens council on 
Voyageurs National Park is extended 
until June 30, 1989. 
     Sec. 21.  MINNESOTA HISTORICAL
SOCIETY 
     Subdivision 1.  Total 
Appropriation                            9,682,300    9,751,100 
 The amounts that may be spent from this 
appropriation for each program are 
specified in the following subdivisions.
     Subd. 2.  Minnesota Historical 
Society Operations                       8,682,200    8,694,200 
 Any unencumbered balance remaining at 
the end of the first year must be 
returned to the state treasury and 
credited to the general fund.  
 The appropriation in this subdivision 
includes no money for compensation 
increases.  The Minnesota historical 
society is eligible for a salary 
supplement in the same manner as state 
agencies.  The commissioner of finance 
will determine the amount of the salary 
supplement based on available funds.  
Employees of the Minnesota historical 
society will be paid in accordance with 
the appropriate pay plan.  
     Subd. 3.  Repair and Replacement      349,000      299,000 
 $100,000 the first year is for the 
restoration and preservation of murals, 
stencils, sculptures, statues, 
paintings, built-in exhibit areas, and 
objects of art or historical artifacts 
in the public areas of the state 
capitol, including the governor's 
anteroom, reception room, and private 
office. 
 If the appropriation for either year is 
insufficient, the appropriation for the 
other year is available for it. 
     Subd. 4.  Historic Grant-In-Aid       286,100      286,100 
(a) Historic Preservation 
  $    259,600  $    259,600 
 For historic site grants to encourage 
local historic preservation projects. 
 To be eligible for a grant, a county or 
local project group must provide a 50 
percent match, in accordance with the 
historical society's guidelines. 
 Any unencumbered balance remaining in 
the first year does not cancel but is 
available for the second year. 
(b) Archaeology 
  $     26,500  $     26,500 
     Subd. 5.  Fiscal Agent                262,100      212,100 
(a) Sibley House Association 
  $     58,000  $     58,000 
 This appropriation is available for 
operation and maintenance of the Sibley 
House and related buildings on the Old 
Mendota state historic site owned by 
the Sibley House association.  
 The historical society should seek an 
agreement with the Sibley House 
association whereby the historical 
society will make payments to the 
association for this purpose and will 
provide the association with technical 
assistance in applying for federal 
grants. 
 Notwithstanding any other law, the 
Sibley House association may purchase 
fire, wind, hail, and vandalism 
insurance, and insurance coverage for 
fine art objects from this 
appropriation. 
(b) Minnesota Humanities Commission 
  $     47,100  $     47,100 
(c) Minnesota International Center 
  $     38,000  $     38,000 
(d) Minnesota Military Musuem 
  $     30,000   
(e) Minnesota Air National Guard Museum 
  $     20,000   
(f) Government Learning Center 
  $     69,000  $     69,000 
 This appropriation is for Project 120. 
(g) Balances Forward 
 Any unencumbered balance remaining in 
this subdivision the first year does 
not cancel but is available for the 
second year of the biennium. 
     Subd. 6.  State History Center        102,900      259,700
 This appropriation is available only if 
legislation is enacted providing 
funding for construction of a new state 
history center. 
     Sec. 22.  BOARD OF THE ARTS  
     Subdivision 1.  Total 
Appropriation                            3,016,200    3,044,000 
                          1988       1989
     Approved Complement - 14         15 
     General -             11         12 
     Federal -              3          3 
 $953,100 the first year and $955,800 
the second year are for the support of 
regional arts councils throughout the 
state. 
     Subd. 5.  Balances Forward 
 Any unencumbered balance remaining in 
this section the first year does not 
cancel but is available for the second 
year of the biennium. 
     Sec. 23.  MINNESOTA HORTICULTURAL 
SOCIETY                                     67,200       67,200 
     Sec. 24.  MINNESOTA ACADEMY OF 
SCIENCE                                     28,100       28,100 
     Sec. 25.  SCIENCE MUSEUM OF 
MINNESOTA                                  514,900      521,200 
     Sec. 26.  MINNESOTA SAFETY 
COUNCIL                                     50,700       50,700 
 This appropriation is from the trunk 
highway fund. 
     Sec. 27.  VETERANS OF FOREIGN 
WARS                                        30,000       30,000 
 For carrying out the provisions of Laws 
1945, chapter 455. 
     Sec. 28.  GENERAL CONTINGENT  
ACCOUNTS                                   325,000      325,000 
 The appropriations in this section may 
only be spent with the approval of the 
governor after consultation with the 
legislative advisory commission 
pursuant to Minnesota Statutes, section 
3.30. 
 If an appropriation in this section for 
either year is insufficient, the 
appropriation for the other year is 
available for it.  
              Summary by Fund 
Trunk Highway Fund 
  $    200,000  $    200,000 
Highway User Tax Distribution Fund 
  $    125,000  $    125,000 
     Sec. 29.  TORT CLAIMS                 600,000      600,000 
 To be spent by the commissioner of 
finance.  
 This appropriation is from the trunk 
highway fund. 
 If the appropriation for either year is 
insufficient, the appropriation for the 
other year is available for it. 
    Sec. 30.  [MASTER LEASE.] 
    During the biennium ending June 30, 1989, for agencies to 
whom appropriations are made in this act, the master lease, as 
authorized in Minnesota Statutes, section 16A.85, may only be 
used to finance large equipment with a capital value of more 
than $100,000 and a useful life of more than ten years, and for 
equipment already purchased under an existing lease-purchase 
agreement.  The commissioner of finance must consult with the 
chairs of the senate finance committee and house appropriations 
committee before entering into a lease-purchase of equipment by 
a state agency in this act.  This requirement does not apply to 
purchases by the commissioner of administration made with money 
from an internal services fund. 
    Sec. 31.  [EXPORT FINANCE AUTHORITY WORKING CAPITAL 
ACCOUNT.] 
    The balance in the export finance authority working capital 
account shall be maintained at $1,000,000.  
    Sec. 32.  [EMERGENCY RESPONSE COMMISSION.] 
    The governor may designate the hazardous substance 
notification advisory committee to serve as and perform the 
functions of the state emergency response commission provided 
for under title III of the Superfund Amendments and 
Reauthorization Act of 1986.  The governor may also appoint 
representatives of state agencies to serve on the state 
emergency response commission. 
    Sec. 33.  [MEMBERSHIP; COMPLEMENT OF BOARD OF WATER AND 
SOIL RESOURCES.] 
    Subdivision 1.  [TRANSITION MEMBERSHIP.] In addition to the 
members specified in section 103, the initial board of water and 
soil resources shall have, through December 31, 1989, four 
temporary members who are soil and water conservation district 
supervisors appointed by the governor. 
    Subd. 2.  [TRANSFER OF EMPLOYEES.] All classified and 
unclassified state positions and employees of the state soil and 
water conservation board and the water resources board are 
transferred to the board of water and soil resources in 
accordance with section 15.039, subdivision 7.  The commissioner 
of employee relations shall place the unclassified position of 
the executive director of the water resources board and the 
classified position of the executive director of the soil and 
water conservation board in the proper job classification in the 
classified service without examination.  
    Sec. 34.  [INSTRUCTION TO REVISOR.] 
    The revisor of statutes shall change the words "state soil 
and water conservation board," "water resources board," "water 
policy board" or other language intended to refer to those 
boards, wherever they appear in Minnesota Statutes to "board of 
water and soil resources" or other appropriate language to refer 
to the board of water and soil resources created in section 105. 
    Sec. 35.  [TRANSPORTATION FINANCE STUDY COMMISSION.] 
    Subdivision 1.  [MEMBERSHIP.] A transportation finance 
study commission is created consisting of five members of the 
house of representatives appointed by the speaker of the house 
and five members of the senate appointed by the senate 
subcommittee on committees.  The commission shall select from 
its membership a chair or co-chairs and other officers it deems 
necessary. 
    Subd. 2.  [STUDIES.] The commission shall study: 
    (1) present and future highway and transit needs, including 
state highways, county highways, city streets, town roads, and 
metropolitan and nonmetropolitan transit service; 
     (2) the adequacy of existing revenue sources to meet these 
needs; 
     (3) methods of raising additional revenue to meet these 
needs; 
     (4) alternatives to raising revenue as a method of dealing 
with highway and transit needs; and 
     (5) alternative methods of distributing present and future 
revenues among various levels of government. 
     Subd. 3.  [REPORT.] The commission shall report to the 
legislature on its findings and recommendations not later than 
February 15, 1988, and shall cease to function after that date. 
     Subd. 4.  [COMPENSATION.] Members of the commission must be 
compensated in the same manner as for other legislative meetings.
    Sec. 36.  [SURCHARGE AMOUNT ALLOCATED.] 
    Twenty-five cents of the amount collected on the surcharge 
for a certified copy of a birth certificate under Minnesota 
Statutes, section 144.226, subdivision 3, is appropriated from 
the children's trust fund established under Minnesota Statutes, 
section 299A.22 to the commissioner of public safety to be 
administered by the children's trust fund for the biennium 
ending June 30, 1989, for the purpose of implementing and 
administering the professional consultation telephone line and 
service, notwithstanding Minnesota Statutes, section 299A.25, 
subdivision 1, to the contrary. 
    Sec. 37.  [MONEY CREDITED TO HIGHWAY FUND, TRANSIT FUND, 
AND GENERAL FUND.] 
    All money received under the provisions of Minnesota 
Statutes, chapter 171 after June 30, 1987, and before July 1, 
1989, shall be paid into the state treasury with 60-2/3 percent 
credited to the trunk highway fund, 33-1/3 percent credited to 
the transit assistance fund to be appropriated to the 
commissioner of transportation for transit assistance within the 
state and to the regional transit board, and six percent 
credited to the general fund, except as provided in Minnesota 
Statutes, section 171.29, subdivision 2. 
    Sec. 38.  Minnesota Statutes 1986, section 12.14, is 
amended to read:  
    12.14 [ASSESSMENT FOR NUCLEAR SAFETY PREPAREDNESS ACT.] 
    Any person, firm, corporation or association in the 
business of owning or operating a nuclear fission electrical 
generating plant located in Minnesota, shall pay an assessment 
to cover the cost of nuclear power plant emergency response 
plans and other programs necessary to deal with incidents 
resulting from the operation of nuclear fission electrical 
generating plants.  An assessment of $75,000 $137,500 per plant 
shall be paid to the commissioner of public safety on July 1 of 
each year. 
    Sec. 39.  Minnesota Statutes 1986, section 17A.04, 
subdivision 5, is amended to read:  
    Subd. 5.  [LICENSE FEE.] The applicant shall submit to the 
commissioner the following applicable fees and penalties for 
late renewal: 
    (a) $150 $300 for each livestock market agency and public 
stockyard license, penalty $38 $75;  
    (b) $50 $100 for each livestock dealer license, penalty 
$13 $25;  
    (c) $30 $50 for each agent of a livestock dealer license, 
penalty $10 $15;  
    (d) $50 $100 for each meat packing company license, penalty 
$13 $25; 
    (e) $30 $50 for each agent of a meat packing company 
license, penalty $10 $15. 
    Sec. 40.  Minnesota Statutes 1986, section 18.51, 
subdivision 2, is amended to read: 
    Subd. 2.  [FEES; PENALTY.] A nursery operator shall pay an 
annual fee before the commissioner shall issue a certificate of 
inspection.  This fee shall be based on the area of all of the 
operator's nurseries as follows: 
  Nurseries:
  (1)  1/2 acre or less        $30 $40 per nursery operator 
  (2)  Over 1/2 acre to and
       including 2 acres       $50 $60 per nursery operator 
  (3)  Over 2 acres to and
       including 10 acres     $100 $125 per nursery operator 
  (4)  Over 10 acres to and
       including 50 acres     $300 $360 per nursery operator 
  (5)  Over 50 acres          $600 $725 per nursery operator 
    In addition to the above fees, a minimum penalty of $10 or 
25 percent of the fee due, whichever is greater, shall be 
charged for any application for renewal not received by January 
1 of the year following expiration of a certificate. 
    Sec. 41.  Minnesota Statutes 1986, section 18.52, 
subdivision 5, is amended to read: 
    Subd. 5.  [FEES; PENALTY.] A dealer shall pay an annual fee 
based on the dealer's gross sales during the preceding 
certificate year.  A dealer operating for the first year will 
pay the minimum fee. 
  Dealers:
  (1)  Gross sales up to                 at a location
       $1,000                            $30 $40 per location
  (2)  Gross sales over $1,000           at a location
       and up to $5,000                  $40 $50 per location
  (3)  Gross sales over $5,000           at a location
       up to $10,000                     $70 $85 per location
  (4)  Gross sales over $10,000          at a location
       up to $25,000                     $100 $125 per location
  (5)  Gross sales over $25,000          at a location
       up to $75,000                     $150 $175 per location
  (6)  Gross sales over $75,000          at a location
       up to $100,000                    $220 $260 per location
  (7)  Gross sales over $100,000         at a location
                                         $330 $400 per location
    In addition to the above fees, a minimum penalty of $10 or 
25 percent of the fee due, whichever is greater, shall be 
charged for any application for renewal not received by January 
1 of the year following expiration of a certificate. 
    Sec. 42.  Minnesota Statutes 1986, section 18.53, is 
amended to read:  
    18.53 [GREENHOUSE CERTIFICATION.] 
    The commissioner may inspect and certify greenhouses and 
greenhouse plants as being free from plant pests upon request of 
the greenhouse operator and issue a greenhouse certificate.  The 
fee is $30 $50 for each greenhouse operator.  The certificate 
expires on November 15 next following the date of issue.  
    Sec. 43.  [18B.01] [DEFINITIONS.] 
    Subdivision 1.  [APPLICABILITY.] The definitions in this 
section apply to this chapter.  
    Subd. 2.  [APPROVED AGENCY.] "Approved agency" means a 
state agency, other than the department of agriculture, or an 
agency of a county, municipality, or other political subdivision 
that has signed a joint powers agreement under section 471.59 
with the commissioner.  
    Subd. 3.  [BENEFICIAL INSECTS.] "Beneficial insects" means 
insects that are:  (1) effective pollinators of plants; (2) 
parasites or predators of pests; or (3) otherwise beneficial. 
    Subd. 4.  [BULK PESTICIDE.] "Bulk pesticide" means a 
pesticide that is held in an individual container, with a 
pesticide content of 56 United States gallons or more, or 100 
pounds or greater net dry weight.  
    Subd. 5.  [COMMERCIAL APPLICATOR.] "Commercial applicator" 
means a person who has a commercial applicator license.  
    Subd. 6.  [COMMISSIONER.] "Commissioner" means the 
commissioner of agriculture or an agent authorized by the 
commissioner.  
    Subd. 7.  [DEVICE.] "Device" means an instrument or 
contrivance, other than a firearm, that is intended or used to 
destroy, repel, or mitigate a pest, a form of plant or animal 
life other than humans, or a bacterium, virus, or other 
microorganism on or in living animals, including humans.  A 
device does not include equipment used for the application of 
pesticides if the equipment is sold separately from the 
instrument or contrivance. 
    Subd. 8.  [DISTRIBUTE.] "Distribute" means offer for sale, 
sell, barter, ship, deliver for shipment, receive and deliver, 
and offer to deliver pesticides in this state. 
    Subd. 9.  [ENVIRONMENT.] "Environment" means surface water, 
ground water, air, land, plants, humans, and animals and their 
interrelationships. 
    Subd. 10.  [FIFRA.] "FIFRA" means the Federal Insecticide, 
Fungicide, Rodenticide Act, United States Code, title 7, 
sections 136 to 136y, and regulations under Code of Federal 
Regulations, title 40, subchapter E, parts 150 to 180. 
    Subd. 11.  [HAZARDOUS WASTE.] "Hazardous waste" means any 
substance identified or listed as hazardous waste in the rules 
adopted under section 116.07, subdivision 4.  
    Subd. 12.  [INCIDENT.] "Incident" means a flood, fire, 
tornado, transportation accident, storage container rupture, 
portable container rupture, leak, spill, or other event that 
releases or threatens to release a pesticide accidentally or 
otherwise, and may cause unreasonable adverse effects on the 
environment.  "Incident" does not include the lawful use or 
intentional release of a pesticide in accordance with its 
approved labeling. 
    Subd. 13.  [LABEL.] "Label" means the written, printed, or 
graphic matter on, or attached to, the pesticide or device or 
their containers or wrappers.  
    Subd. 14.  [LABELING.] "Labeling" means all labels and 
other written, printed, or graphic matter: 
    (1) accompanying the pesticide or device; 
    (2) referred to by the label or literature accompanying the 
pesticide or device; or 
    (3) that relates or refers to the pesticide or to induce 
the sale of the pesticide or device.  
    "Labeling" does not include current official publications 
of the United States Environmental Protection Agency, United 
States Department of Agriculture, United States Department of 
Interior, United States Department of Health, Education and 
Welfare, state agricultural experiment stations, state 
agricultural colleges, and other similar federal or state 
institutions or agencies authorized by law to conduct research 
in the field of pesticides. 
    Subd. 15.  [NONCOMMERCIAL APPLICATOR.] "Noncommercial 
applicator" means a person with a noncommercial applicator 
license.  
    Subd. 16.  [PERSON.] "Person" means an individual, firm, 
corporation, partnership, association, trust, joint stock 
company, unincorporated organization, the state, a state agency, 
or political subdivision.  
    Subd. 17.  [PEST.] "Pest" means an insect, rodent, 
nematode, fungus, weed, terrestrial or aquatic plant, animal 
life, virus, bacteria, or other organism designated by rule as a 
pest, except a virus, bacteria, or other microorganism on or in 
living humans or other living animals.  
    Subd. 18.  [PESTICIDE.] "Pesticide" means a substance or 
mixture of substances intended to prevent, destroy, repel, or 
mitigate a pest, and a substance or mixture of substances 
intended for use as a plant regulator, defoliant, or desiccant.  
    Subd. 19.  [PESTICIDE DEALER.] "Pesticide dealer" means a 
person with a pesticide dealer license.  
    Subd. 20.  [PLANT REGULATOR.] "Plant regulator" means a 
substance or mixture of substances intended through 
physiological action to accelerate or retard the rate of growth 
or rate of maturation of a plant, or to otherwise alter the 
behavior of ornamental or crop plants or the produce of the 
plants.  Plant regulator does not include substances to the 
extent that they are intended as plant nutrients, trace 
elements, nutritional chemicals, plant inoculants, or soil 
amendments. 
    Subd. 21.  [PRIVATE APPLICATOR.] "Private applicator" means 
a person certified to use or supervise use of restricted use 
pesticides.  
    Subd. 22.  [REGISTRANT.] "Registrant" means a person that 
has registered a pesticide under this chapter. 
    Subd. 23.  [RESPONSIBLE PARTY.] "Responsible party" means a 
person who at the time of an incident has custody of, control 
of, or responsibility for a pesticide, pesticide container, or 
pesticide rinsate. 
    Subd. 24.  [RESTRICTED USE PESTICIDE.] "Restricted use 
pesticide" means a pesticide formulation designated as a 
restricted use pesticide under FIFRA or by the commissioner 
under this chapter.  
    Subd. 25.  [RINSATE.] "Rinsate" means a dilute mixture of a 
pesticide or pesticides with water, solvents, oils, commercial 
rinsing agents, or other substances, that is produced by or 
results from the cleaning of pesticide application equipment or 
pesticide containers. 
    Subd. 26.  [SAFEGUARD.] "Safeguard" means a facility, 
device, or system, or a combination of these, designed to 
prevent the escape or movement of a pesticide from the place it 
is stored or kept under conditions that might otherwise result 
in contamination of the environment. 
    Subd. 27.  [SITE.] "Site" means all land and water areas, 
including air space, and all plants, animals, structures, 
buildings, contrivances, and machinery whether fixed or mobile, 
including anything used for transportation.  
    Subd. 28.  [STRUCTURAL PEST.] "Structural pest" means a 
pest, other than a plant, in, on, under, or near a structure.  
    Subd. 29.  [STRUCTURAL PEST CONTROL.] "Structural pest 
control" means the control of any structural pest through the 
use of a device, a procedure, or application of pesticides in or 
around a building or other structures, including trucks, 
boxcars, ships, aircraft, docks, and fumigation vaults, and the 
business activity related to use of a device, a procedure, or 
application of a pesticide.  
    Subd. 30.  [STRUCTURAL PEST CONTROL 
APPLICATOR.] "Structural pest control applicator" means a person 
with a structural pest control license.  
    Subd. 31.  [UNREASONABLE ADVERSE EFFECTS ON THE 
ENVIRONMENT.] "Unreasonable adverse effects on the environment" 
means any unreasonable risk to humans or the environment, taking 
into account the economic, social, and environmental costs and 
benefits of the use of any pesticide. 
    Subd. 32.  [WILDLIFE.] "Wildlife" means all living things 
that are not human, domesticated, or pests. 
    Sec. 44.  [18B.02] [PREEMPTION OF OTHER LAW.] 
    Except as specifically provided in this chapter, the 
provisions of this chapter preempt ordinances by local 
governments that prohibit or regulate any matter relating to the 
registration, labeling, distribution, sale, handling, use, 
application, or disposal of pesticides.  It is not the intent of 
this section to preempt local responsibilities for zoning, fire 
codes, or hazardous waste disposal.  
    Sec. 45.  [18B.03] [POWERS AND DUTIES OF COMMISSIONER.] 
    Subdivision 1.  [ADMINISTRATION BY COMMISSIONER.] The 
commissioner shall administer, implement, and enforce this 
chapter and the department of agriculture is the lead state 
agency for the regulation of pesticides.  
    Subd. 2.  [DELEGATION OF DUTIES.] The functions vested in 
the commissioner by this chapter may be delegated to designated 
employees or agents of the department of agriculture. 
    Subd. 3.  [DELEGATION TO APPROVED AGENCIES.] The 
commissioner may, by written agreements, delegate specific 
inspection, enforcement, and other regulatory duties of this 
chapter to officials of approved agencies.  
    Sec. 46.  [18B.04] [PESTICIDE IMPACT ON WATER QUALITY.] 
    The commissioner shall: 
    (1) determine the impact of pesticides on surface and 
ground water in this state; 
    (2) develop best management practices involving pesticide 
distribution, storage, handling, use, and disposal; and 
    (3) cooperate with and assist other state agencies and 
local governments to protect public health and the environment 
from harmful exposure to pesticides. 
    Sec. 47.  [18B.05] [PESTICIDE REGULATORY ACCOUNT.] 
    Subdivision 1.  [ESTABLISHMENT.] A pesticide regulatory 
account is established in the state treasury.  Fees and 
penalties except penalties collected under section 65, 
subdivision 4, collected under this chapter must be deposited in 
the state treasury and credited to the pesticide regulatory 
account. 
    Subd. 2.  [ANNUAL APPROPRIATION.] Money in the account, 
including amount of interest attributable to money in the 
account and any money appropriated for the purposes of this 
chapter, is annually appropriated to the commissioner for the 
administration and enforcement of this chapter. 
    Sec. 48.  [18B.06] [RULES.] 
    Subdivision 1.  [AUTHORITY.] The commissioner shall adopt 
rules to implement and enforce this chapter including procedures 
addressing local control of pesticide regulation. Rules adopted 
under this chapter are part of this chapter and a violation of 
the rules is a violation of a provision of this chapter. 
    Subd. 2.  [CONFORMITY WITH FIFRA.] Rules adopted under this 
chapter:  
    (1) may not allow pesticide use that is prohibited by 
FIFRA; or 
    (2) relating to private applicators of restricted use 
pesticides and special local needs registrations, may not be 
inconsistent with the requirements of FIFRA. 
    Subd. 3.  [PESTICIDE USE, HANDLING, AND DISPOSAL.] The 
commissioner shall adopt rules, including emergency rules, to 
govern the distribution, use, storage, handling, and disposal of 
pesticides, rinsates, and pesticide containers.  
    Sec. 49.  [18B.07] [PESTICIDE USE, APPLICATION, AND 
EQUIPMENT CLEANING.] 
    Subdivision 1.  [PESTICIDE USE.] Pesticides must be applied 
in accordance with the product label or labeling and in a manner 
that will not cause unreasonable adverse effects on the 
environment within limits prescribed by this chapter and FIFRA. 
    Subd. 2.  [PROHIBITED PESTICIDE USE.] (a) A person may not 
use, store, handle, or dispose of a pesticide, rinsate, 
pesticide container, or pesticide application equipment in a 
manner: 
    (1) inconsistent with labeling; 
    (2) that endangers humans, damages agricultural products, 
food, livestock, fish, wildlife, or beneficial insects; or 
    (3) that will cause unreasonable adverse effects on the 
environment.  
    (b) A person may not direct a pesticide on property beyond 
the boundaries of the target site.  A person may not apply a 
pesticide resulting in damage to adjacent property.  
    (c) A person may not directly apply a pesticide on a human 
by overspray or target site spray. 
    (d) A person may not apply a pesticide in a manner so as to 
expose a worker in an immediately adjacent, open field. 
    Subd. 3.  [POSTING.] (a) If the pesticide labels prescribe 
specific hourly or daily intervals for human reentry following 
application, the person applying the pesticide must post fields, 
buildings, or areas where the pesticide has been applied.  The 
posting must be done with placards in accordance with label 
requirements and rules adopted under this section.  
    (b) Fields being treated with pesticides through irrigation 
systems must be posted throughout the period of pesticide 
treatment. 
    Subd. 4.  [PESTICIDE SAFEGUARDS AT APPLICATION SITES.] A 
person may not allow a pesticide, rinsate, or unrinsed pesticide 
container to be stored, kept, or to remain in or on any site 
without safeguards adequate to prevent the escape or movement of 
the pesticides from the site. 
    Subd. 5.  [USE OF PUBLIC WATER SUPPLIES FOR FILLING 
EQUIPMENT.] A person may not fill pesticide application 
equipment directly from a public water supply, as defined in 
section 144.382, unless the outlet from the public water supply 
is equipped with a backflow prevention device that complies with 
the Minnesota Plumbing Code under Minnesota Rules, parts 
4715.2000 to 4715.2280.  
    Subd. 6.  [USE OF PUBLIC WATERS FOR FILLING EQUIPMENT.] (a) 
A person may not fill pesticide application equipment directly 
from public waters of the state, as defined in section 105.37, 
subdivision 14, unless the equipment contains proper and 
functioning anti-backsiphoning mechanisms.  The person may not 
introduce pesticides into the application equipment until after 
filling the equipment from the public waters.  
    (b) This subdivision does not apply to permitted 
applications of aquatic pesticides to public waters.  
    Subd. 7.  [CLEANING EQUIPMENT IN OR NEAR SURFACE 
WATER.] (a) A person may not:  
    (1) clean pesticide application equipment in surface waters 
of the state; or 
    (2) fill or clean pesticide application equipment adjacent 
to surface waters, ditches, or wells where, because of the slope 
or other conditions, pesticides or materials contaminated with 
pesticides could enter or contaminate the surface waters, ground 
water, or wells, as a result of overflow, leakage, or other 
causes.  
    (b) This subdivision does not apply to permitted 
application of aquatic pesticides to public waters.  
    Subd. 8.  [PESTICIDE, RINSATE, AND CONTAINER DISPOSAL.] A 
person may only dispose of pesticide, rinsate, and pesticide 
containers in accordance with this chapter and FIFRA.  The 
manner of disposal must not cause unreasonable adverse effects 
on the environment. 
    Sec. 50.  [18B.08] [CHEMIGATION.] 
    Subdivision 1.  [PERMIT REQUIRED.] (a) A person may not 
apply pesticides through an irrigation system without a 
chemigation permit from the commissioner.  Only one chemigation 
permit is required for two or more wells that are protected from 
contamination by the same devices.  The commissioner may allow 
irrigation to be used to apply pesticides on crops and land, 
including agricultural, nursery, turf, golf course, and 
greenhouse sites.  
    (b) A person must apply for a chemigation permit on forms 
prescribed by the commissioner.  
    Subd. 2.  [PESTICIDE.] A pesticide used under a chemigation 
permit must be suitable and labeled for application through an 
irrigation system.  
    Subd. 3.  [EQUIPMENT.] A chemigation system must be fitted 
with effective antisiphon devices or check valves that prevent 
the backflow of pesticides or pesticide-water mixtures into 
water supplies or other materials during times of irrigation 
system failure or equipment shutdown.  The devices or valves 
must be installed between: 
    (1) the irrigation system pump discharge and the point of 
pesticide injection; and 
    (2) the point of pesticide injection and the pesticide 
supply. 
    Subd. 4.  [APPLICATION FEE.] A person initially applying 
for a chemigation permit must pay a nonrefundable application 
fee of $50 for each well that is to be used in applying the 
pesticides by irrigation. 
    Subd. 5.  [RULES.] The commissioner shall, by rule, develop 
specific requirements for implementation of a program to 
regulate application of pesticides by irrigation. 
    Sec. 51.  [18B.09] [PESTICIDE APPLICATION IN CITIES.] 
    Subdivision 1.  [APPLICABILITY.] This section applies only 
to statutory and home rule charter cities that enact ordinances 
as provided in this section.  
    Subd. 2.  [AUTHORITY.] Statutory and home rule charter 
cities may enact an ordinance containing the pesticide 
application warning information contained in subdivision 3, 
including their own licensing, penalty, and enforcement 
provisions.  Statutory and home rule charter cities may not 
enact an ordinance that contains more restrictive pesticide 
application warning information than is contained in subdivision 
3. 
    Subd. 3.  [WARNING SIGNS FOR PESTICIDE APPLICATION.] (a) 
All commercial or noncommercial applicators who apply pesticides 
to turf areas must post or affix warning signs on the property 
where the pesticides are applied. 
    (b) Warning signs must project at least 18 inches above the 
top of the grass line.  The warning signs must be of a material 
that is rain-resistant for at least a 48-hour period and must 
remain in place up to 48 hours from the time of initial 
application. 
    (c) The following information must be printed on the 
warning sign in contrasting colors and capitalized letters 
measuring at least one-half inch, or in another format approved 
by the commissioner.  The sign must provide the following 
information: 
    (1) the name of the business organization, entity, or 
person applying the pesticide; and 
    (2) the following language:  "This area chemically treated. 
Keep children and pets off until ...(date of safe entry)..." or 
a universally accepted symbol and text approved by the 
commissioner that is recognized as having the same meaning or 
intent as specified in this paragraph.  The warning sign may 
include the name of the pesticide used. 
    (d) The warning sign must be posted on a lawn or yard 
between two feet and five feet from the sidewalk or street.  For 
parks, golf courses, athletic fields, playgrounds, or other 
similar recreational property, the warning signs must be posted 
immediately adjacent to areas within the property where 
pesticides have been applied and at or near the entrances to the 
property. 
    Sec. 52.  [18B.10] [ACTION TO PREVENT GROUND WATER 
CONTAMINATION.] 
    The commissioner may, by rule, special order, or delegation 
through written regulatory agreement with officials of other 
approved agencies, take action necessary to prevent the 
contamination of ground water resulting from leaching of 
pesticides through the soil, from the backsiphoning or 
back-flowing of pesticides through water wells, or from the 
direct flowage of pesticides to ground water. 
    Sec. 53.  [18B.11] [SALE AND USE OF TCDD.] 
    A person may not sell, offer for sale, or use a pesticide 
containing in excess of 0.1 parts per million of 2,3,7, 
8-tetrachlorodibenzo-para-dioxin (TCDD). 
    Sec. 54.  [18B.12] [SALE AND DISTRIBUTION OF ADULTERATED 
PESTICIDES.] 
    A person may not offer for sale or distribute a pesticide 
that is determined by the commissioner to be adulterated, 
including a pesticide that has: 
    (1) a strength or purity that does not meet the standard of 
quality expressed on its label; 
    (2) a constituent entirely or partially substituted; or 
    (3) an important or necessary constituent entirely or 
partially removed.  
    Sec. 55.  [18B.13] [SALE AND DISTRIBUTION OF MISBRANDED 
PESTICIDES AND DEVICES.] 
    A person may not offer for sale or distribute a pesticide 
or device determined by the commissioner to be misbranded, 
including a pesticide or device that: 
    (1) is an imitation of or is offered for sale under the 
name of another pesticide or device; or 
    (2) does not comply with the labeling requirements under 
this chapter or FIFRA.  
    Sec. 56.  [18B.14] [PESTICIDE STORAGE.] 
    Subdivision 1.  [DISPLAY AND STORAGE.] (a) A person may 
store or display pesticides and their containers only in the 
original container and separated from food, feed, seed, 
livestock remedies, drugs, plants, and other products or 
materials stored, displayed, or offered for sale in a manner 
that prevents contamination which would cause injury or damage 
to the other products or materials.  
    (b) A person may not allow open pesticide containers to be 
displayed for sale under any circumstances. 
    Subd. 2.  [BULK PESTICIDE STORAGE.] (a) A person storing 
pesticides in containers of a rated capacity of 500 gallons or 
more must obtain a pesticide storage permit from the 
commissioner.  
    (b) Applications must be on forms provided by the 
commissioner containing information established by rule.  The 
initial application for a permit must be accompanied by a 
nonrefundable application fee of $100 for each location where 
the pesticides are stored.  
    (c) The commissioner shall by rule develop and implement a 
program to regulate bulk pesticides.  The rules must include 
installation of secondary containment devices, storage site 
security, safeguards, notification of storage site locations, 
criteria for permit approval, a schedule for compliance, and 
other appropriate requirements necessary to minimize potential 
adverse effects on the environment.  The rules must conform with 
existing rules of the pollution control agency. 
    Sec. 57.  [18B.15] [PESTICIDE RELEASE INCIDENTS.] 
    Subdivision 1.  [DUTIES OF RESPONSIBLE PARTY.] (a) A 
responsible party involved in an incident must immediately 
report the incident to the department of agriculture and provide 
information as requested by the commissioner.  The responsible 
party must pay for the costs and immediately take all action 
necessary to minimize or abate the release and to recover 
pesticides involved in the incident. 
    (b) The responsible party must submit a written report of 
the incident to the commissioner containing the information 
requested by the commissioner within the time specified by the 
commissioner. 
    Subd. 2.  [COMMISSIONER'S ACTION.] (a) If in the judgment 
of the commissioner the responsible party does not take 
immediate and sufficient action to abate the release of and to 
recover the pesticide, the commissioner may take action 
necessary to mitigate or correct the conditions resulting from 
an incident.  The responsible party must reimburse the 
commissioner for the costs incurred by the commissioner in the 
enforcement of this subdivision. 
    (b) The department of agriculture is the lead state agency 
for responding to and taking action with regard to pesticide 
incidents.  
    Sec. 58.  [18B.16] [EMPLOYER LIABILITY FOR EMPLOYEES.] 
    Structural pest control applicators, commercial 
applicators, noncommercial applicants and pesticides dealers are 
criminally liable for violations of this chapter by their 
employees and agents. 
    Sec. 59.  [18B.17] [COOPERATIVE INSPECTION AND ENFORCEMENT 
AGREEMENTS.] 
    Subdivision 1.  [COOPERATIVE AGREEMENTS.] The commissioner 
may enter into cooperative agreements with federal and state 
agencies for training, certification, inspection, and 
enforcement programs and may make reports to the United States 
Environmental Protection Agency and other federal agencies as 
required or requested.  The commissioner may adopt and enforce 
federal standards, regulations, or orders relating to pesticide 
regulation when determined to be in the best interest of 
citizens of the state.  
    Subd. 2.  [TRAINING AGREEMENTS.] For purposes of training 
only, the commissioner may enter into agreements with qualified 
public or private organizations that wish to offer training 
programs. 
    Sec. 60.  [18B.18] [INSPECTION.] 
    Subdivision 1.  [ACCESS AND ENTRY.] (a) The commissioner, 
and the commissioner's agents, upon issuance of a notice of 
inspection, must be granted access at reasonable times to (1) 
sites where a restricted use pesticide is used; (2) where a 
person manufactures, formulates, distributes, uses, disposes of, 
stores, or transports a pesticide in violation of provisions of 
this chapter; and (3) to all sites affected, or possibly 
affected, by the use of a pesticide, rinsate, pesticide 
container, or device in violation of a provision of this chapter.
     (b) The commissioner and commissioner's agents may enter 
sites for:  
    (1) inspection of equipment for the manufacture, 
formulation, distribution, disposal, or application of 
pesticides and the premises on which the equipment is stored; 
    (2) sampling of sites actually or reportedly exposed to 
pesticides; 
    (3) inspection of storage, handling, distribution, use, or 
disposal areas of pesticides or pesticide containers; 
    (4) inspection or investigation of complaints of injury to 
humans, wildlife, domesticated animals, crops, or the 
environment; 
    (5) sampling of pesticides; 
    (6) observation of the use and application of a pesticide; 
    (7) inspection of records related to the manufacture, 
distribution, use, or disposal of pesticides; and 
    (8) other purposes necessary to implement this chapter.  
    Subd. 2.  [NOTICE OF INSPECTION SAMPLES AND 
ANALYSES.] Before leaving the premises inspected, the 
commissioner shall provide the owner, operator, or agent in 
charge with a receipt describing any samples obtained.  If an 
analysis is made of the samples, a copy of the results of the 
analysis must be furnished to the owner, operator, or agent in 
charge.  
    Sec. 61.  [18B.19] [PRIVATE REQUEST FOR INSPECTION OF 
VIOLATION.] 
    Subdivision 1.  [STATEMENT OF VIOLATION.] A person that 
suspects a provision of this chapter has been violated may file 
a written inspection request with the commissioner.  The written 
request must contain: 
    (1) the person's name and address; 
    (2) the name of the person for whom the application was 
done; 
    (3) the name of the applicator; 
    (4) the date of the application; 
    (5) a description of the suspected violation; and 
    (6) other information the commissioner may require. 
    Subd. 2.  [INSPECTION FOR SUSPECTED VIOLATION.] If the 
request for inspection is filed within 60 days after the 
pesticide was applied or damage has occurred, the commissioner 
shall investigate to determine if provisions of this chapter 
have been violated.  The commissioner may discontinue the 
investigation after determining provisions of this chapter have 
not been violated. 
    Subd. 3.  [INSPECTION FILE DISCLOSURE.] Copies of completed 
inspection files are available to the person making the 
inspection request, the applicator, or their agents, upon 
written request. 
    Sec. 62.  [18B.20] [ENFORCEMENT.] 
    Subdivision 1.  [ENFORCEMENT REQUIRED.] (a) The 
commissioner shall enforce this chapter.  
    (b) Upon the request of the commissioner or an agent 
authorized by the commissioner, county attorneys, sheriffs, and 
other officers having authority in the enforcement of the 
general criminal laws shall take action to the extent of their 
authority necessary or proper for the enforcement of this 
chapter, or special orders, standards, stipulations, and 
agreements of the commissioner. 
    Subd. 2.  [CRIMINAL ACTIONS.] For a criminal action, the 
county attorney where a violation occurred is responsible for 
prosecuting a violation of a provision of this chapter.  If the 
county attorney refuses to prosecute, the attorney general may 
prosecute.  
    Subd. 3.  [CIVIL ACTIONS.] Civil judicial enforcement 
actions may be brought by the attorney general in the name of 
the state on behalf of the commissioner.  A county attorney may 
bring a civil judicial enforcement action upon the request of 
the commissioner and the attorney general. 
    Subd. 4.  [INJUNCTION.] The commissioner may apply to a 
court with jurisdiction for a temporary or permanent injunction 
to prevent, restrain, or enjoin violations of provisions of this 
chapter.  
    Subd. 5.  [AGENT FOR SERVICE OF PROCESS.] All nonresident 
commercial and structural pest control applicator licensees 
licensed as individuals must appoint the commissioner as the 
agent upon whom all legal process may be served and service upon 
the commissioner is deemed to be service on the licensee. 
    Subd. 6.  [SUBPOENAS.] The commissioner may issue subpoenas 
to compel the attendance of witnesses or submission of books, 
documents, and records affecting the authority or privilege 
granted by a license, registration, certification, or permit 
issued under this chapter. 
    Sec. 63.  [18B.21] [ADMINISTRATIVE ACTION.] 
    Subdivision 1.  [ADMINISTRATIVE REMEDIES.] The commissioner 
may seek to remedy violations by a written warning, 
administrative meeting, cease and desist, stop-use, stop-sale, 
or other special order, seizure, stipulation, or agreement, if 
the commissioner determines that the remedy is in the public 
interest.  
    Subd. 2.  [REVOCATION AND SUSPENSION.] The commissioner 
may, after written notice and hearing, revoke, suspend, or 
refuse to renew a registration, permit, license, or 
certification if a person violates a provision of this chapter. 
    Subd. 3.  [REMEDIAL ACTION ORDERS.] (a) If the commissioner 
has probable cause that a pesticide, pesticide container, 
rinsate, pesticide equipment, or device is being used, 
manufactured, distributed, stored, or disposed of in violation 
of a provision of this chapter, the commissioner may investigate 
and issue a written cease and desist, stop-sale, stop-use, or 
removal order or other remedial action to the owner, custodian, 
or other responsible party.  If the owner, custodian, or other 
responsible party is not available for service of the order, the 
commissioner may attach the order to the pesticide, pesticide 
container, rinsate, pesticide equipment, or device or facility 
and notify the owner, custodian, other responsible party, or the 
registrant.  The pesticide, pesticide container, rinsate, 
pesticide equipment, or device may not be sold, used, or removed 
until the violation has been corrected and the pesticide, 
pesticide container, rinsate, pesticide equipment, or device has 
been released in writing under conditions specified by the 
commissioner, or until the violation has been otherwise disposed 
of by a court.  
    (b) If a violation of a provision of this chapter results 
in conditions that may have an unreasonable adverse effect on 
humans, domestic animals, wildlife, or the environment, the 
commissioner may, by order, require remedial action, including 
removal and proper disposal. 
    Sec. 64.  [18B.22] [DAMAGES AGAINST STATE FOR 
ADMINISTRATIVE ACTION WITHOUT CAUSE.] 
    If the commissioner did not have probable cause for an 
administrative action, including the issuance of a stop-sale, 
use, or removal order, a court may allow recovery for damages 
caused by the administrative action. 
    Sec. 65.  [18B.23] [CIVIL PENALTIES.] 
    Subdivision 1.  [GENERAL PENALTY.] Except as provided in 
subdivisions 2 and 5, a person who violates a provision of this 
chapter or a special order, standard, stipulation, agreement, or 
schedule of compliance of the commissioner is subject to a civil 
penalty of up to $10,000 per day of violation as determined by 
the court.  
    Subd. 2.  [DISPOSAL THAT BECOMES HAZARDOUS WASTE.] A person 
who violates a provision of this chapter or a special order, 
standard, stipulation, agreement, or schedule of compliance of 
the commissioner that relates to disposal of pesticides so that 
they become hazardous waste, is subject to a civil penalty of up 
to $25,000 per day of violation as determined by the court.  
    Subd. 3.  [CLEANUP COSTS.] A person who violates a 
provision of this chapter is liable for and must pay to the 
state a sum that will compensate the state for the reasonable 
value of cleanup and other expenses directly resulting from the 
illegal use, storage, handling, or disposal of pesticides, 
whether accidental or otherwise.  
    Subd. 4.  [WILDLIFE AND OTHER DAMAGES.] (a) A person who 
violates a provision of this chapter is liable for and must pay 
to the state a sum to constitute just compensation for the loss 
or destruction of wildlife, fish, or other aquatic life, and for 
actual damages to the state caused by the illegal use, storage, 
handling, or disposal of pesticides. 
    (b) The amounts paid as compensation for loss of or 
destruction to wildlife, fish, or other aquatic life must be 
deposited into the state treasury and credited to the game and 
fish fund. 
    Subd. 5.  [DIRECTLY SPRAYING HUMANS.] A person who directly 
applies pesticides on a human by target site spraying in an open 
field is subject to a civil penalty up to $5,000 as determined 
by the court. 
    Subd. 6.  [DEFENSE TO CIVIL REMEDIES AND DAMAGES.] As a 
defense to a civil penalty or claim for damages under 
subdivisions 1 to 4, the defendant may prove that the violation 
was caused solely by an act of God, an act of war, or an act or 
failure to act that constitutes sabotage or vandalism, or any 
combination of these defenses.  
    Subd. 7.  [ACTIONS TO COMPEL PERFORMANCE.] In an action to 
compel performance of an order of the commissioner to enforce a 
provision of this chapter, the court may require a defendant 
adjudged responsible to perform the acts within the person's 
power that are reasonably necessary to accomplish the purposes 
of the order. 
    Subd. 8.  [RECOVERY OF PENALTIES BY CIVIL ACTION.] The 
civil penalties and payments provided for in this section may be 
recovered by a civil action brought by the county attorney or 
the attorney general in the name of the state. 
    Subd. 9.  [RECOVERY OF LITIGATION COSTS AND EXPENSES.] In 
an action brought by the attorney general or a county attorney 
in the name of the state under this chapter for civil penalties, 
injunctive relief, or in an action to compel compliance, if the 
state finally prevails, the state, in addition to other 
penalties provided in this chapter, must be allowed an amount 
determined by the court to be the reasonable value of all or a 
part of the litigation expenses including attorney fees incurred 
by the state or county attorney.  In determining the amount of 
these litigation expenses to be allowed, the court shall give 
consideration to the economic circumstances of the defendant. 
    Sec. 66.  [18B.24] [UNSATISFIED JUDGMENTS.] 
    (a) An applicant for a commercial, noncommercial, or 
structural pest control license and a commercial, noncommercial, 
or structural pest control applicator may not allow a final 
judgment against the applicant or applicator for damages arising 
from a violation of a provision of this chapter to remain 
unsatisfied for a period of more than 30 days. 
    (b) Failure to satisfy within 30 days a final judgment 
resulting from these pest control activities will result in 
automatic suspension of the applicator license. 
    Sec. 67.  [18B.25] [CRIMINAL PENALTIES.] 
    Subdivision 1.  [GENERAL VIOLATION.] Except as provided in 
subdivisions 2 and 3, a person is guilty of a misdemeanor, if 
the person violates a provision of this chapter, or a special 
order, standard, stipulation, agreement, or schedule of 
compliance of the commissioner.  
    Subd. 2.  [VIOLATION ENDANGERING HUMANS.] A person is 
guilty of a gross misdemeanor if the person violates a provision 
of this chapter or a special order, standard, stipulation, 
agreement, or schedule of compliance of the commissioner, and 
the violation endangers humans. 
    Subd. 3.  [VIOLATION WITH KNOWLEDGE.] A person is guilty of 
a gross misdemeanor if the person knowingly violates a provision 
of this chapter or standard, a special order, stipulation, 
agreement, or schedule of compliance of the commissioner. 
    Subd. 4.  [DISPOSAL THAT BECOMES HAZARDOUS WASTE.] A person 
who knowingly, or with reason to know, disposes of a pesticide 
so that the product becomes hazardous waste is subject to the 
penalties in section 115.071. 
    Sec. 68.  [18B.26] [PESTICIDE REGISTRATION.] 
    Subdivision 1.  [REQUIREMENT.] A person may not use or 
distribute a pesticide in this state unless it is registered 
with the commissioner.  Pesticide registrations expire on 
December 31 of each year and may be renewed on or before that 
date for the following calendar year.  Registration is not 
required if a pesticide is shipped from one plant or warehouse 
to another plant or warehouse operated by the same person and 
used solely at the plant or warehouse as an ingredient in the 
formulation of a pesticide that is registered under this chapter.
    Subd. 2.  [APPLICATION.] (a) A person must file an 
application for registration with the commissioner.  The 
application must include: 
    (1) the name and address of the applicant and the name and 
address of the person whose name will appear on the label, if 
other than the applicant; 
    (2) the brand name of the pesticide; 
    (3) other necessary information required by the 
registration application form; 
    (4) a true and complete copy of the labeling accompanying 
the pesticide as provided for in FIFRA; and 
    (5) current material safety data sheets for each pesticide. 
     (b) As part of the application, the commissioner may 
require the submission of any relevant information including the 
complete formula of a pesticide, including the active and inert 
ingredients. 
     Subd. 3.  [APPLICATION FEE.] (a) An application for initial 
registration and renewal must be accompanied by a nonrefundable 
application fee of $125 for each pesticide to be registered. 
    (b) An additional fee of $100 must be paid by the applicant 
for each pesticide to be registered if the application is a 
renewal application that is submitted after December 31. 
    (c) An additional fee of $200 must be paid by the applicant 
for each pesticide distributed or used in the state before 
initial state registration. 
    Subd. 4.  [EFFECT OF REGISTRATION AFTER RENEWAL 
APPLICATION.] If a registration is in effect on December 31 and 
a renewal application has been made and the application fee 
paid, the registration continues in full force and effect until 
the commissioner notifies the applicant that the registration is 
denied or canceled, or the renewed registration expires.  
    Subd. 5.  [APPLICATION REVIEW AND REGISTRATION.] (a) The 
commissioner may not deny the registration of a pesticide 
because the commissioner determines the pesticide is not 
essential. 
    (b) The commissioner shall review each application and may 
approve, deny, or cancel the registration of any pesticide.  The 
commissioner may impose state use restrictions on a pesticide as 
part of the registration to prevent unreasonable adverse effects 
on the environment. 
    (c) The commissioner must notify the applicant of the 
approval, denial, cancellation, or state use restrictions within 
30 days after the application and fee are received. 
    (d) The applicant may request a hearing on any adverse 
action of the commissioner within 30 days after being notified 
by the commissioner. 
    Sec. 69.  [18B.27] [PESTICIDE REGISTRATION FOR SPECIAL 
LOCAL NEEDS.] 
    Subdivision 1.  [APPLICATION.] (a) A person must file an 
application for a special local need application with the 
commissioner.  The application must meet the requirements of 
section 68, subdivision 2, and the commissioner may require 
other relevant information. 
    (b) The commissioner may require a full description of 
tests and test results upon which claims are based for: 
    (1) a pesticide use that is not registered under section 68 
or FIFRA; or 
    (2) a pesticide on which restrictions are being considered. 
    (c) The applicant may request in writing privacy of 
information submitted as provided in section 80. 
    Subd. 2.  [APPLICATION REVIEW.] (a) After reviewing the 
application accompanied by the application fee, the commissioner 
shall, subject to the terms and conditions of the authorization 
by the administrator of the United States Environmental 
Protection Agency to register pesticides to meet special local 
needs, register pesticides if the commissioner determines that: 
    (1) the pesticide's composition warrants the proposed 
claims for the pesticide; 
    (2) the pesticide's label and other material required to be 
submitted comply with this chapter; 
    (3) the pesticide will perform its intended function 
without unreasonable adverse effect on the environment; 
    (4) the pesticide will not generally cause unreasonable 
adverse effects on the environment when used in accordance with 
label directions; and 
    (5) a special local need for the pesticide exists. 
    (b) The commissioner may revoke or modify a special local 
need registration if the commissioner determines that the terms 
or conditions of the registration do not comply with paragraph 
(a). 
    Subd. 3.  [APPLICATION FEE.] An application fee for a 
special local need registration must be accompanied by a 
nonrefundable fee of $125. 
    Sec. 70.  [18B.28] [EXPERIMENTAL USE PESTICIDE PRODUCT 
REGISTRATION.] 
    Subdivision 1.  [REQUIREMENT.] A person may not use or 
distribute an experimental use pesticide product in the state 
until it is registered with the commissioner.  Experimental use 
pesticide product registrations expire on December 31 of each 
year and may be renewed on or before that date.  
    Subd. 2.  [APPLICATION REVIEW AND REGISTRATION.] (a) After 
reviewing the application accompanied by the application fee, 
the commissioner may issue an experimental use pesticide product 
registration if the commissioner determines that the applicant 
needs the registration to accumulate information necessary to 
register a pesticide under section 68.  The commissioner may 
prescribe terms, conditions, and a limited period of time for 
the experimental use product registration.  After an 
experimental use pesticide product registration is issued, the 
commissioner may revoke or modify the registration at any time 
if the commissioner finds that its terms or conditions are being 
violated or are inadequate to avoid unreasonable adverse effects 
on the environment.  
    (b) The commissioner may deny issuance of an experimental 
use pesticide product registration permit if the commissioner 
determines that issuance of a registration is not warranted or 
that the use to be made of the pesticide under the proposed 
terms and conditions may cause unreasonable adverse effects on 
the environment.  
    Subd. 3.  [APPLICATION.] A person must file an application 
for experimental use pesticide product registration with the 
commissioner.  An application to register an experimental use 
pesticide product must include: 
    (1) the name and address of the applicant; 
    (2) a federal environmental protection agency approval 
document; 
    (3) the purpose or objectives of the experimental use 
product; 
    (4) an accepted experimental use pesticide product label; 
    (5) the name, address, and telephone number of cooperators 
or participants in this state; 
    (6) the amount of material to be shipped or used in this 
state; and 
    (7) other information requested by the commissioner. 
    Subd. 4.  [APPLICATION FEE.] (a) An application for 
registration of an experimental use pesticide product must be 
accompanied by a nonrefundable application fee of $125.  
    (b) An additional fee of $200 must be paid by the applicant 
for each pesticide distributed or used in the state before an 
initial experimental use pesticide product registration was 
issued for the pesticide. 
    Sec. 71.  [18B.29] [RECIPROCAL LICENSING AND CERTIFICATION 
AGREEMENTS.] 
    The commissioner may waive all or part of the examination 
requirements provided for in sections 71 to 77 on a reciprocal 
basis with any other jurisdiction which has substantially the 
same requirements.  Licenses or certificates issued under 
sections 71 to 77 may be suspended or revoked upon suspension or 
revocation of the license or certificate of another jurisdiction 
supporting the issuance of a Minnesota license or certificate 
and in the same manner as other licenses and certificates. 
    Sec. 72.  [18B.30] [PESTICIDE USE LICENSE REQUIREMENT.] 
    A person may not use or supervise the use of a restricted 
use pesticide without a license or certification required under 
sections 71 to 77 and the use may only be done under conditions 
prescribed by the commissioner.  
    Sec. 73.  [18B.31] [PESTICIDE DEALER LICENSE.] 
    Subdivision 1.  [REQUIREMENT.] (a) Except as provided in 
paragraph (b), a person may not distribute or possess restricted 
use pesticides or bulk pesticides with an intent to distribute 
them to an ultimate user without a pesticide dealer license.  
    (b) The pesticide dealer license requirement does not apply 
to:  
    (1) a licensed commercial applicator, noncommercial 
applicator, or structural pest control applicator who uses 
restricted use pesticides only as an integral part of a 
pesticide application service; 
    (2) a federal, state, county, or municipal agency using 
restricted use pesticides for its own programs;  
    (3) a licensed pharmacist, physician, dentist, or 
veterinarian when administering or dispensing a restricted use 
pesticide for use in the pharmacist's, physician's, dentist's, 
or veterinarian's practice; or 
    (4) a distributor or wholesaler shipping restricted use 
pesticides to commercial applicators who are the ultimate users. 
    (c) A licensed pesticide dealer may sell restricted use 
pesticides only to an applicator licensed or certified by the 
commissioner, unless a sale is allowed by rule.  
    Subd. 2.  [RESPONSIBILITY.] A pesticide dealer is 
responsible for the acts of a person who assists the dealer in 
the solicitation and sale of restricted use pesticides.  
    Subd. 3.  [LICENSE.] A pesticide dealer license:  
    (1) expires on December 31 of each year unless it is 
suspended or revoked before that date; and 
    (2) is not transferable to another person.  
    Subd. 4.  [APPLICATION.] (a) A person must apply to the 
commissioner for a pesticide dealer license on the forms and in 
the manner required by the commissioner.  The commissioner must 
prescribe and administer a closed-book, monitored examination, 
or equivalent measure to determine if the applicant is eligible 
to sell bulk pesticides or restricted use pesticides. 
    (b) The commissioner may require an additional 
demonstration of dealer qualification if the dealer has had a 
license suspended or revoked, or has otherwise had a history of 
violations of this chapter.  
    Subd. 5.  [APPLICATION FEE.] (a) An application for a 
pesticide dealer license must be accompanied by a nonrefundable 
application fee of $50. 
    (b) If an application for renewal of a pesticide dealer 
license is not filed before January 1 of the year for which the 
license is to be issued, an additional fee of $20 must be paid 
by the applicant before the license is issued. 
    Sec. 74.  [18B.32] [STRUCTURAL PEST CONTROL LICENSE.] 
    Subdivision 1.  [REQUIREMENT.] (a) A person may not engage 
in structural pest control applications: 
    (1) for hire without a structural pest control license; and 
    (2) as a sole proprietorship, company, partnership, or 
corporation unless the person is or employs a licensed master in 
structural pest control operations. 
    (b) A structural pest control licensee must have a valid 
license identification card when applying pesticides for hire 
and must display it upon demand by an authorized representative 
of the commissioner or a law enforcement officer.  The license 
identification card must contain information required by the 
commissioner.  
    Subd. 2.  [LICENSES.] (a) A structural pest control license:
    (1) expires on December 31 of the year for which the 
license is issued; and 
    (2) is not transferable.  
    (b) The commissioner shall establish categories of master, 
journeyman, and fumigator for a person to be licensed under a 
structural pest control license.  
    Subd. 3.  [APPLICATION.] (a) A person must apply to the 
commissioner for a structural pest control license to be 
licensed as a master, journeyman, or fumigator on forms and in 
the manner required by the commissioner.  The commissioner shall 
require the applicant to pass a written, closed-book, monitored 
examination or oral examination, or both, and may also require a 
practical demonstration regarding structural pest control.  The 
commissioner shall establish the examination procedure, 
including the phases and contents of the examination.  
    (b) The commissioner may license a person as a master under 
a structural pest control license if the person has the 
necessary qualifications through knowledge and experience to 
properly plan, determine, and supervise the selection and 
application of pesticides in structural pest control.  To 
demonstrate the qualifications and become licensed as a master, 
a person must:  
    (1) pass closed-book testing administered by the 
commissioner; and 
    (2) by direct experience as a licensed journeyman under a 
structural pest control license for at least two years by this 
state or a state with equivalent certification requirements or 
as a full-time licensed master in another state with equivalent 
certification requirements, show practical knowledge and field 
experience in the actual selection and application of pesticides 
under varying conditions. 
    (c) The commissioner may license a person as a journeyman 
under a structural pest control license if the person:  
    (1) has the necessary qualifications in the practical 
selection and application of pesticides; 
    (2) has passed a closed-book examination given by the 
commissioner; and 
    (3) is engaged as an employee of or is working under the 
direction of a person licensed as a master under a structural 
pest control license.  
    (d) The commissioner may license a person as a fumigator 
under a structural pest control license if the person:  
    (1) has knowledge of the practical selection and 
application of fumigants; 
    (2) has passed a closed-book examination given by the 
commissioner; and 
    (3) is licensed by the commissioner as a master or 
journeyman under a structural pest control license.  
    Subd. 4.  [RENEWAL.] (a) A structural pest control 
applicator license may be renewed on or before the expiration of 
an existing license subject to reexamination, attendance at 
workshops approved by the commissioner, or other requirements 
imposed by the commissioner to provide the applicator with 
information regarding changing technology and to help assure a 
continuing level of competency and ability to use pesticides 
safely and properly.  The commissioner may require an additional 
demonstration of applicator qualification if the applicator has 
had a license suspended or revoked or has otherwise had a 
history of violations of this chapter. 
    (b) If a person fails to renew a structural pest control 
license within three months of its expiration, the person must 
obtain a structural pest control license subject to the 
requirements, procedures, and fees required for an initial 
license.  
    Subd. 5.  [FINANCIAL RESPONSIBILITY.] (a) A structural pest 
control license may not be issued unless the applicant furnishes 
proof of financial responsibility.  The financial responsibility 
may be demonstrated by: 
     (1) proof of net assets equal to or greater than $50,000; 
or 
    (2) a performance bond or insurance of a kind and in an 
amount determined by the commissioner.  
    (b) The bond or insurance must cover a period of time at 
least equal to the term of the applicant's license.  The 
commissioner must immediately suspend the license of a person 
who fails to maintain the required bond or insurance.  The 
performance bond or insurance policy must contain a provision 
requiring the insurance or bonding company to notify the 
commissioner by ten days before the effective date of 
cancellation, termination, or any other change of the bond or 
insurance.  If there is recovery against the bond or insurance, 
additional coverage must be secured to maintain financial 
responsibility equal to the original amount required. 
    (c) An employee of a licensed person is not required to 
maintain an insurance policy or bond during the time the 
employer is maintaining the required insurance or bond. 
    (d)  Applications for reinstatement of a license suspended 
under the provisions of this section must be accompanied by 
proof of satisfaction of judgments previously rendered. 
    Subd. 6.  [FEES.] (a) An applicant for a structural pest 
control license for a business must pay a nonrefundable 
application fee of $100.  An employee of a licensed business 
must pay a nonrefundable application fee of $50 for an 
individual structural pest control license.  
    (b) An application received after expiration of the 
structural pest control license is subject to a penalty fee of 
50 percent of the application fee. 
    (c) An applicant that meets renewal requirements by 
reexamination instead of attending workshops must pay the 
equivalent workshop fee for the reexamination as determined by 
the commissioner. 
    Sec. 75.  [18B.33] [COMMERCIAL APPLICATOR LICENSE.] 
    Subdivision 1.  [REQUIREMENT.] (a) A person may not apply a 
pesticide for hire without a commercial applicator license for 
the appropriate use categories except a structural pest control 
applicator.  
    (b) A person with a commercial applicator license may not 
apply pesticides on or into surface waters without an aquatic 
category endorsement on a commercial applicator license. 
    (c) A commercial applicator licensee must have a valid 
license identification card when applying pesticides for hire 
and must display it upon demand by an authorized representative 
of the commissioner or a law enforcement officer.  The 
commissioner shall prescribe the information required on the 
license identification card.  
    Subd. 2.  [RESPONSIBILITY.] A person required to be 
licensed under this section who performs pesticide applications 
for hire or who employs a licensed applicator to perform 
pesticide application for pro rata compensation is responsible 
for proper application of the pesticide or device.  
    Subd. 3.  [LICENSE.] A commercial applicator license:  
    (1) expires on December 31 of the year for which it is 
issued, unless suspended or revoked before that date; and 
    (2) is not transferable to another person. 
    Subd. 4.  [APPLICATION.] (a) A person must apply to the 
commissioner for a commercial applicator license on forms and in 
the manner required by the commissioner.  The commissioner must 
prescribe and administer a closed-book, monitored examination, 
or equivalent measure to determine if the applicant is eligible 
for the commercial applicator license. 
    (b) Aerial applicators must also fulfill applicable 
requirements in chapter 360. 
    (c) An applicant that desires an aquatic category 
endorsement must pass an examination prepared by the 
commissioner of natural resources and administered by the 
department of agriculture. 
    Subd. 5.  [RENEWAL APPLICATION.] (a) A person must apply to 
the commissioner to renew a commercial applicator license.  The 
commissioner may renew a commercial applicator license 
accompanied by the application fee, subject to reexamination, 
attendance at workshops approved by the commissioner, or other 
requirements imposed by the commissioner to provide the 
applicator with information regarding changing technology and to 
help assure a continuing level of competence and ability to use 
pesticides safely and properly.  The applicant may renew a 
commercial applicator license within 12 months after expiration 
of the license without having to meet initial testing 
requirements.  The commissioner may require additional 
demonstration of applicator qualification if a person has had a 
license suspended or revoked or has had a history of violations 
of this chapter. 
    (b) An applicant that meets renewal requirements by 
reexamination instead of attending workshops must pay the 
equivalent workshop fee for the reexamination as determined by 
the commissioner. 
    Subd. 6.  [FINANCIAL RESPONSIBILITY.] (a) A commercial 
applicator license may not be issued unless the applicant 
furnishes proof of financial responsibility.  The financial 
responsibility may be demonstrated by:  (1) proof of net assets 
equal to or greater than $50,000; or (2) by a performance bond 
or insurance of the kind and in an amount determined by the 
commissioner.  
    (b) The bond or insurance must cover a period of time at 
least equal to the term of the applicant's license.  The 
commissioner must immediately suspend the license of a person 
who fails to maintain the required bond or insurance.  The 
performance bond or insurance policy must contain a provision 
requiring the insurance or bonding company to notify the 
commissioner by ten days before the effective date of 
cancellation, termination, or any other change of the bond or 
insurance.  If there is recovery against the bond or insurance, 
additional coverage must be secured to maintain financial 
responsibility equal to the original amount required. 
    (c) An employee of a licensed person is not required to 
maintain an insurance policy or bond during the time the 
employer is maintaining the required insurance or bond. 
    (d) Applications for reinstatement of a license suspended 
under the provisions of this section must be accompanied by 
proof of satisfaction of judgments previously rendered. 
    Subd. 7.  [APPLICATION FEES.] (a) A person initially 
applying for or renewing a commercial applicator license as a 
business entity must pay a nonrefundable application fee of $50, 
except a person who is an employee of a business entity that has 
a commercial applicator license and is applying for or renewing 
a commercial applicator license as an individual the 
nonrefundable application fee is $25. 
    (b) If a renewal application is not filed before March 1 of 
the year for which the license is to be issued, an additional 
penalty fee of $10 must be paid before the commercial applicator 
license may be issued. 
    Sec. 76.  [18B.34] [NONCOMMERCIAL APPLICATOR LICENSE.] 
    Subdivision 1.  [REQUIREMENT.] (a) Except for a commercial 
applicator, private applicator, or structural pest control 
applicator, a person, including a government employee, may not 
use a restricted use pesticide in performance of official duties 
without having a noncommercial applicator license for an 
appropriate use category.  
    (b) A person with a noncommercial applicator license may 
not apply pesticides into or on surface waters without an 
aquatic category endorsement on the license.  
    (c) A licensee must have a valid license identification 
card when applying pesticides and must display it upon demand by 
an authorized representative of the commissioner or a law 
enforcement officer.  The license identification card must 
contain information required by the commissioner. 
    Subd. 2.  [LICENSE.] A noncommercial applicator license: 
    (1) expires on December 31 of the year for which it is 
issued unless suspended or revoked before that date; and 
    (2) is not transferable.  
    Subd. 3.  [APPLICATION.] A person must apply to the 
commissioner for a noncommercial applicator license on forms and 
in the manner required by the commissioner.  The commissioner 
must prescribe and administer a closed-book, monitored 
examination, or equivalent measure to determine if the applicant 
is eligible to acquire a noncommercial applicator license.  An 
applicant desiring to apply pesticides into or on surface waters 
must pass an examination prepared by the department of natural 
resources and administered by the commissioner.  
    Subd. 4.  [RENEWAL.] (a) A person must apply to the 
commissioner to renew a noncommercial applicator license.  The 
commissioner may renew a license subject to reexamination, 
attendance at workshops approved by the commissioner, or other 
requirements imposed by the commissioner to provide the 
applicator with information regarding changing technology and to 
help assure a continuing level of competence and ability to use 
pesticides safely and properly.  The commissioner may require an 
additional demonstration of applicator qualification if the 
applicator has had a license suspended or revoked or has 
otherwise had a history of violations of this chapter.  
    (b) An applicant that meets renewal requirements by 
reexamination instead of attending workshops must pay the 
equivalent workshop fee for the reexamination as determined by 
the commissioner. 
    (c) An applicant has 12 months to renew the license after 
expiration without having to meet initial testing requirements. 
    Subd. 5.  [FEES.] (a) A person initially applying for or 
renewing a noncommercial applicator license as a business entity 
must pay a nonrefundable application fee of $50.  A person who 
is an employee of a business entity that has a noncommercial 
applicator license and is applying for or renewing a 
noncommercial applicator license as an individual must pay a 
nonrefundable application fee of $25, except an applicant who is 
a government employee who uses pesticides in the course of 
performing official duties must pay a nonrefundable application 
fee of $10.  
    (b) If an application for renewal of a noncommercial 
license is not filed before March 1 in the year for which the 
license is to be issued, an additional penalty fee of $10 must 
be paid before the renewal license may be issued.  
    Sec. 77.  [18B.35] [APPLICATION CATEGORIES WITHIN 
APPLICATOR LICENSES.] 
    Subdivision 1.  [ESTABLISHMENT.] (a) The commissioner may 
establish categories of structural pest control, commercial 
applicator, and noncommercial applicator licenses for 
administering and enforcing this chapter.  The categories may 
include pest control operators and ornamental, agricultural, 
aquatic, forest, and right-of-way pesticide applicators.  
Separate subclassifications of categories may be specified as to 
ground, aerial, or manual methods to apply pesticides or to the 
use of pesticides to control insects, plant diseases, rodents, 
or weeds. 
    (b) Each category is subject to separate testing procedures 
and requirements.  
    Subd. 2.  [NO ADDITIONAL FEE.] A person may not be required 
to pay an additional fee for a category or subclassification of 
a category of a license.  
    Sec. 78.  [18B.36] [PRIVATE APPLICATOR CERTIFICATION.] 
    Subdivision 1.  [REQUIREMENT.] (a) Except for a commercial 
or noncommercial applicator, only a person certified as a 
private applicator may use or supervise the use of a restricted 
use pesticide to produce an agricultural commodity: 
    (1) as a traditional exchange of services without financial 
compensation; or 
    (2) on a site owned, rented, or managed by the person or 
the person's employees.  
    (b) A private applicator may not purchase a restricted use 
pesticide without presenting a private applicator card or the 
card number. 
    Subd. 2.  [CERTIFICATION.] (a) The commissioner shall 
prescribe certification requirements and provide training to 
certify persons as private applicators and provide information 
relating to changing technology to help ensure a continuing 
level of competency and ability to use pesticides properly and 
safely.  The training may be done through cooperation with other 
government agencies. 
    (b) A person must apply to the commissioner for 
certification as a private applicator.  After completing the 
certification requirements, an applicant must be certified as a 
private applicator to use restricted use pesticides.  The 
certification is for a period of five years from the applicant's 
nearest birthday. 
    (c) The commissioner shall issue a private applicator card 
to a private applicator. 
    Subd. 3.  [FEES.] (a) A person applying to be certified as 
a private applicator must pay a nonrefundable $10 application 
fee for the certification period. 
    (b) A $5 fee must be paid for the issuance of a duplicate 
private applicator card. 
    Sec. 79.  [18B.37] [RECORDS, REPORTS, PLANS, AND 
INSPECTIONS.] 
    Subdivision 1.  [PESTICIDE DEALER.] (a) A pesticide dealer 
must maintain records of all sales of restricted use pesticides 
as required by the commissioner.  Records must be kept on forms 
supplied by the commissioner or on the pesticide dealer's forms 
if they are approved by the commissioner.  
    (b) Records must be submitted annually with the renewal 
application for a pesticide dealer license or upon request of 
the commissioner.  
    (c) Copies of records required under this subdivision must 
be maintained by the pesticide dealer for a period of five years 
after the date of the pesticide sale.  
    Subd. 2.  [COMMERCIAL AND NONCOMMERCIAL APPLICATORS.] (a)  
A commercial or noncommercial applicator, or the applicator's 
authorized agent, must maintain a record of pesticides used on 
each site.  The record must include the: 
    (1) date of the pesticide use; 
    (2) time the pesticide application was completed; 
    (3) pesticide and dosage used; 
    (4) number of units treated; 
    (5) temperature, wind speed, and wind direction; 
    (6) location of the site where the pesticide was applied; 
    (7) name and address of the customer; 
    (8) name, license number, address, and signature of 
applicator; and 
    (9) any other information required by the commissioner.  
    (b) Portions of records not relevant to a specific type of 
application may be omitted upon approval from the commissioner.  
    (c) All information for this record requirement must be 
contained in a single document for each pesticide application.  
Invoices containing the required information may constitute the 
required record.  
    (d) A commercial applicator must give a copy of the record 
to the customer when the application is completed.  
    (e) Records must be retained by the applicator, company, or 
authorized agent for five years after the date of treatment.  
    Subd. 3.  [STRUCTURAL PEST CONTROL APPLICATORS.] (a) A 
structural pest control applicator must maintain a record of 
each structural pest control application conducted by that 
person or by the person's employees.  The record must include 
the: 
    (1) date of structural pest control application; 
    (2) target pest; 
    (3) name of the pesticide used; 
    (4) for fumigation, the temperature and exposure time; 
    (5) name and address of the customer; 
    (6) structural pest control applicator's company name and 
address, applicator's signature, and license number; and 
    (7) any other information required by the commissioner.  
    (b) Invoices containing the required information may 
constitute the record.  
    (c) Records must be retained for five years after the date 
of treatment.  
    (d) A copy of the record must be given to a person who 
ordered the application that is present at the site where the 
structural pest control application is conducted, placed in a 
conspicuous location at the site where the structural pest 
control application is conducted immediately after the 
application of the pesticides, or delivered to the person who 
ordered an application or the owner of the site. 
    Subd. 4.  [STORAGE, HANDLING, AND DISPOSAL PLAN.] A 
commercial, noncommercial, or structural pest control applicator 
or the licensed business that the applicator is employed by must 
develop and maintain a plan that describes its pesticide 
storage, handling, and disposal practices.  The plan must be 
kept at a principal business site or location within this state 
and must be submitted to the commissioner upon request on forms 
provided by the commissioner.  The plan must be available for 
inspection by the commissioner. 
    Subd. 5.  [INSPECTION OF RECORDS.] The commissioner may 
enter a commercial, noncommercial, or structural pest control 
applicator's business and inspect the records required in this 
section at any reasonable time and may make copies of the 
records.  Unless required for enforcement of this chapter, the 
information in the records in this section is private or 
nonpublic.  
    Sec. 80.  [18B.38] [PROTECTION OF TRADE SECRETS.] 
    Subdivision 1.  [REQUIREMENTS.] In submitting data required 
by this chapter, the applicant may:  
    (1) clearly mark any portions that in the applicant's 
opinion are trade secrets, commercial, or financial information; 
and 
    (2) submit the marked material separately from other 
material.  
    Subd. 2.  [INFORMATION REVEALED.] After consideration of 
the applicant's request submitted under subdivision 1, the 
commissioner shall not make any information public that in the 
commissioner's judgment contains or relates to trade secrets or 
to commercial or financial information obtained from an 
applicant.  When necessary, information relating to formulas of 
products may be revealed to any state or federal agency 
consulted with similar protection of trade secret authority and 
may be revealed at a public hearing or in findings of facts 
issued by the commissioner. 
    Subd. 3.  [NOTIFICATION.] If the commissioner proposes to 
release information that the applicant or registrant believes to 
be protected from disclosure under subdivision 2, the 
commissioner shall notify the applicant or registrant by 
certified mail.  The commissioner shall not make the information 
available for inspection until 30 days after receipt of the 
notice by the applicant or registrant.  During this period the 
applicant or registrant may institute an action in an 
appropriate court for a declaratory judgment as to whether the 
information is subject to protection under this section.  
    Sec. 81.  [18B.39] [EXISTING RULES.] 
    Rules of the commissioner of agriculture in effect on the 
effective date of this act relating to the distribution, use, 
storage, handling, and disposal of pesticides, rinsates, and 
pesticide containers remain in effect until they are superseded 
by new rules.  The commissioner may adopt emergency rules to 
implement this act until December 31, 1987. 
     Sec. 82.  [PESTICIDE CONTAINER DEPOSIT REPORT.] 
     The commissioner of agriculture in consultation with the 
director of the pollution control agency shall develop a program 
for pesticide container deposit and return of triple rinsed 
pesticide containers.  The commissioner shall prepare a report 
on a proposed program and legislative recommendations and submit 
the report to the house of representatives and senate committees 
on agriculture by January 15, 1988.  
    Sec. 83.  Minnesota Statutes 1986, section 27.041, 
subdivision 2, is amended to read:  
    Subd. 2.  [LICENSES.] The license, or a certified copy of 
the license, must be kept posted in the office of the licensee 
at each place within the state where the licensee transacts 
business.  Every license shall expire June 30 following its 
issuance and thereafter be renewed July 1 each year.  Any 
license issued under this subdivision is automatically void upon 
the termination of the surety bond covering the licensed 
operation.  The fee for each license shall be based on the 
following schedule: 
   
               Penalty for
  License Fee  Late Renewal       Dollar Volume of Business
    $ 30          $10                  $10,000 or less per month
    $ 60          $15          Over $10,000 to $50,000 per month
    $180 $300     $45 $75     Over $50,000 to $100,000 per month
    $240 $400     $60 $100               Over $100,000 per month
    A fee of $10 $20 shall be charged for each certified copy 
of a license, $2 $5 for each license identification card, and 
$2 $5 for each license identification truck decal.  The 
commissioner shall make appropriate license fee adjustments for 
up to one year from July 1, 1975 for persons required to be 
licensed hereunder, who hold validly issued licenses as of the 
effective date of Laws 1975, chapter 227 under the provisions of 
law amended or repealed herein.  A licensee who sells, disposes 
of, or discontinues the licensee's business during the lifetime 
of a license shall at the time the action is taken, notify the 
commissioner in writing, and upon demand produce before the 
commissioner a full statement of all assets and liabilities as 
of the date of transfer or discontinuance of the business. 
    Money collected from license fees shall be deposited in the 
state treasury. 
    Sec. 84.  Minnesota Statutes 1986, section 27.07, is 
amended by adding a subdivision to read: 
    Subd. 6.  [COOPERATIVE AGREEMENTS; FEES; ACCOUNT.] The 
commissioner may collect fees as provided for in cooperative 
agreements between the commissioner and the United States 
Department of Agriculture for the inspection of fresh fruits, 
vegetables, and other products.  The fees must be deposited in 
the state treasury and credited to a fruit and vegetables 
inspection account.  The money in the account, including 
interest earned, is appropriated to the commissioner to carry 
out the cooperative agreements. 
    Sec. 85.  Minnesota Statutes 1986, section 28A.08, is 
amended to read:  
    28A.08 [LICENSE FEES; PENALTIES.] 
    The fees for licenses and the penalties for late renewal of 
licenses set in this section apply to the sections named except 
as provided under section 28A.09.  Except as specified herein, 
bonds and assessments based on number of units operated or 
volume handled or processed which are provided for in said laws 
shall not be affected, nor shall any penalties for late payment 
of said assessments, nor shall inspection fees, be affected by 
this chapter. 
            Type of food handler          License Fee  Penalty
    1.   Retail food handler
         (a) Having gross sales of
         less than $50,000 for 
         the immediately previous 
         license or fiscal year               $ 25 $ 40  $10 
         (b) Having $50,000 to $250,000 
         gross sales for the immediately 
         previous license or fiscal year      $ 50 $ 75  $13 $ 25
         (c) Having $250,000 to $1,000,000
         gross sales for the immediately
         previous license or
         fiscal year                          $100 $125  $25 $ 50
         (d) Having over $1,000,000 gross
         sales for the immediately
         previous license or fiscal year      $200 $250  $50 $ 75
    2.   Wholesale food handler               $100       $25
         (a) Having gross sales of less 
         than $250,000 for the immediately 
         previous license or fiscal year      $100       $ 25 
         (b) Having $250,000 to $1,000,000 
         gross sales for the immediately 
         previous license or fiscal year      $150       $ 38 
         (c) Having over $1,000,000 gross 
         sales for the immediately previous 
         license or fiscal year               $200       $ 50 
    3.   Food broker                          $ 50 $ 75  $13 $ 25
    4.   Wholesale food processor
         or manufacturer 
         (a) Having gross sales of less 
         than $250,000 for the immediately 
         previous license or fiscal year      $150 $200  $38 $ 50
         (b) Having $250,000 to $1,000,000 
         gross sales for the immediately 
         previous license or fiscal year      $200 $275  $50 $ 75
         (c) Having over $1,000,000 gross 
         sales for the immediately 
         previous license or fiscal year      $250 $350  $63 $100
    5.   Wholesale food processor
         of meat or poultry products
         under supervision of the
         U.S. Department of Agriculture  
         (a) Having gross sales of less 
         than $250,000 for the immediately 
         previous license of fiscal year      $ 75 $100  $19 $ 25
         (b) Having $250,000 to $1,000,000 
         gross sales for the immediately 
         previous license or fiscal year      $ 90 $150  $23 $ 50
         (c) Having over $1,000,000 gross 
         sales for the immediately 
         previous license or fiscal year      $105 $175  $27 $ 50
    6.   Wholesale food manufacturer
         having the permission of the
         commissioner to use the name
         Minnesota farmstead cheese           $ 30       $10
    Sec. 86.  Minnesota Statutes 1986, section 32.075, is 
amended to read:  
    32.075 [TERM OF LICENSE; TRANSFERABILITY; FEES AND 
PENALTIES.] 
    Every license issued by the commissioner shall be for a 
period ending on the thirty-first day of December next 
following, and shall not be transferable.  The fee for each such 
initial license shall be $25 $50 and each renewal thereof shall 
be $10 $25 and shall be paid to the commissioner before any 
license or renewal thereof is issued.  If a license renewal is 
not applied for on or before January 1 of each year, a penalty 
of $10 shall be imposed.  A person who does not renew a license 
within one year following its December 31 expiration date, 
except those persons who do not renew such license while engaged 
in active military service, shall be required to prove 
competency and qualification pursuant to section 32.073, before 
a license is issued.  The commissioner may require any other 
person who renews a license to prove competency and 
qualification in the same manner.  All license fees and 
penalties received by the commissioner shall be paid into the 
state treasury. 
    Sec. 87.  Minnesota Statutes 1986, section 32.59, is 
amended to read:  
    32.59 [NONRESIDENT MANUFACTURER LICENSE.] 
    Any person who manufactures frozen foods, mix, ice cream 
mix, mix base, or ice cream mix base outside of the state, for 
sale within the state, shall apply for registration with the 
department of agriculture in the form and with the information 
the commissioner requires.  Samples of all frozen foods, mix, 
ice cream mix, mix base, or ice cream mix base, so manufactured 
for sale and sold within this state, must be submitted to the 
department.  Each application for registration must be 
accompanied by a fee of $150 $200, which is the registration fee 
if a certificate of registration is granted.  If the department 
of agriculture finds that the samples submitted are up to the 
accepted standards and otherwise comply with the laws of this 
state, it shall issue to the applicant a certificate of 
registration.  The penalty for a late registration application 
is $38 $50 if the registration is not renewed by January 1 of 
any year. 
    Sec. 88.  Minnesota Statutes 1986, section 40.01, 
subdivision 4, is amended to read:  
    Subd. 4.  [STATE BOARD OR STATE SOIL AND WATER CONSERVATION 
BOARD OF WATER AND SOIL RESOURCES.] "State board" or "state soil 
and water conservation board of water and soil resources" means 
the agency created in section 40.03 103. 
    Sec. 89.  Minnesota Statutes 1986, section 40.03, 
subdivision 4, is amended to read:  
    Subd. 4.  [POWERS AND DUTIES.] In addition to the powers 
and duties hereinafter conferred upon the state soil and water 
conservation board by section 103, it shall have the following 
powers and duties: 
    (1) Prepare and present to the commissioner of agriculture 
a budget to finance the activities of the state board and the 
districts and to administer any law appropriating funds to 
districts.  The board shall Receive and disburse any grants made 
available to the state by the United States Department of 
Agriculture under the preferred program developed under United 
States Code, title 16, sections 2001 to 2009; 
    (2) Offer any appropriate assistance to the supervisors of 
the districts in implementing any of their powers and programs.  
Any funds made available to a district for expenditures 
necessary for the operations of the district shall be a grant to 
the district to be used only for purposes authorized by the 
state board pursuant to law.  The soil and water conservation 
district may designate the board of county commissioners to act 
as the agent of the district to receive and expend these funds 
at the direction and with the approval of the board of 
supervisors of the district.  At least annually the state board 
shall audit, in a manner it prescribes, the expenditure of funds 
so granted; 
    (3) Keep the supervisors of each district informed of the 
activities and experience of all other districts and facilitate 
cooperation and an interchange of advice and experience among 
the districts; 
    (4) Coordinate the programs and activities of the districts 
with appropriate agencies by advice and consultation; 
    (5) Approve or disapprove the plans or programs of 
districts relating to the use of state funds administered by the 
state board; 
    (6) Secure the cooperation and assistance of the 
appropriate agencies in the work of the districts and to develop 
a program to advise and assist appropriate agencies in obtaining 
state and federal funds for erosion, sedimentation, flooding and 
agriculturally related pollution control programs; 
    (7) Develop and implement a comprehensive public 
information program concerning the districts' activities and 
programs, the problems and preventive practices of erosion, 
sedimentation, agriculturally related pollution, flood 
prevention, and the advantages of formation of districts in 
areas where their organization is desirable; 
    (8) Subdivide and consolidate districts without a hearing 
or a referendum so as to confine districts within county limits, 
provided that no district, when feasible and practicable, shall 
contain less than four full or fractional congressional 
townships; 
    (9) Assist in the implementation of a statewide program for 
inventorying and classification of the types of soils throughout 
the state as determined by the Minnesota cooperative soil survey;
    (10) Identify research needs and cooperate with other 
public agencies in research concerning the nature and extent of 
erosion, sedimentation, flooding and agriculturally related 
pollution, the amounts and sources of sediment and pollutants 
delivered to the waters of the state, and long-term soil 
productivity; 
    (11) Develop programs to reduce or prevent soil erosion, 
sedimentation, flooding and agriculturally related pollution, 
including but not limited to structural and land-use management 
practices; 
    (12) Develop a system of priorities within the state to 
identify the erosion, flooding, sediment and agriculturally 
related pollution problem areas that are most severely in need 
of control systems; and 
    (13) Ensure compliance with statewide programs and policies 
established by the state board pursuant to this section and 
section 40.02 by advice, consultation, and approval of grant 
agreements with the districts. 
    Sec. 90.  Minnesota Statutes 1986, section 40.035, 
subdivision 2, is amended to read:  
    Subd. 2.  For the purpose of developing the program plan, 
the state board may request any existing pertinent information 
from any state agency pursuant to section 40.03, subdivision 2, 
and may conduct any hearing it deems necessary. 
    Sec. 91.  Minnesota Statutes 1986, section 40.21, 
subdivision 1, is amended to read:  
    Subdivision 1.  [RULES AND MODEL ORDINANCE AS GUIDE.] The 
commissioner board of agriculture water and soil resources, in 
consultation with counties, soil and water conservation 
districts, and other appropriate agencies, shall adopt a model 
ordinance and rules that serve as a guide for local governments 
to carry out the provisions of Laws 1985, chapter 256, sections 
12 to 22 and sections 40.20 to 40.26, and provide administrative 
procedures for the state soil and water conservation board for 
Laws 1985, chapter 256, sections 12 to 21 and sections 40.20 to 
40.26. 
    Sec. 92.  Minnesota Statutes 1986, section 40.21, 
subdivision 3, is amended to read: 
    Subd. 3.  [PERIODIC REVIEW.] At least once every five years 
the commissioner of agriculture board shall review the rules and 
model ordinance in cooperation with counties, soil and water 
conservation districts, and appropriate agencies to ensure their 
continued applicability and relevance.  
    Sec. 93.  Minnesota Statutes 1986, section 40.43, 
subdivision 1, is amended to read:  
    Subdivision 1.  [ESTABLISHMENT OF PROGRAM.] The 
commissioner of agriculture, in consultation with the 
commissioner of natural resources, shall establish and 
administer a conservation reserve program.  The commissioner of 
agriculture shall contract with the board of water and soil 
resources to implement sections 40.40 to 40.44.  Selection of 
land for the conservation reserve program must be based on its 
potential for fish and wildlife production, reducing erosion, 
and protecting water quality. 
    Sec. 94.  Minnesota Statutes 1986, section 60A.14, 
subdivision 1, is amended to read:  
    Subdivision 1.  [FEES OTHER THAN EXAMINATION FEES.] In 
addition to the fees and charges provided for examinations, the 
following fees must be paid to the commissioner for deposit in 
the general fund: 
    (a) by township mutual fire insurance companies: 
    (1) for filing certificate of incorporation $25 and 
amendments thereto, $10; 
    (2) for filing annual statements, $15; 
    (3) for each annual certificate of authority, $15; 
    (4) for filing bylaws $25 and amendments thereto, $10. 
    (b) by other domestic and foreign companies including 
fraternals and reciprocal exchanges: 
    (1) for filing certified copy of certificate of articles of 
incorporation, $50 $100; 
    (2) for filing annual statement, $30 $225; 
    (3) for filing certified copy of amendment to certificate 
or articles of incorporation, $50 $100; 
    (4) for filing bylaws, $25 $75 or amendments thereto, 
$10 $75; 
    (5) for each company's certificate of authority, $40 $575, 
annually. 
    (c) the following general fees apply: 
    (1) for each certificate, including certified copy of 
certificate of authority, renewal, valuation of life policies, 
corporate condition or qualification, $5 $15; 
    (2) for each copy of paper on file in the commissioner's 
office 50 cents per page, and $2.50 for certifying the same; 
    (3) for license to procure insurance in unadmitted foreign 
companies, $40 $575; 
    (4) for receiving and forwarding each notice, proof of 
loss, summons, complaint or other process served upon the 
commissioner of commerce, as attorney for service of process 
upon any nonresident agent or insurance company, including 
reciprocal exchanges, $15 plus the cost of effectuating service 
by certified mail, which amount must be paid by the party 
serving the notice and may be taxed as other costs in the action;
    (5) for valuing the policies of life insurance companies, 
one cent per $1,000 of insurance so valued.  The commissioner 
may, in lieu of a valuation of the policies of any foreign life 
insurance company admitted, or applying for admission, to do 
business in this state, accept a certificate of valuation from 
the company's own actuary or from the commissioner of insurance 
of the state or territory in which the company is domiciled; 
    (6) for receiving and filing certificates of policies by 
the company's actuary, or by the commissioner of insurance of 
any other state or territory, $50; 
    (7) for issuing an initial license to an individual agent, 
$20 per license, for issuing an initial agent's license to a 
partnership or corporation, $50, and for issuing an amendment 
(variable annuity) to a license, $20, and for renewal of 
amendment, $20;  
    (8) for each appointment of an agent filed with the 
commissioner, a domestic insurer shall remit $5 and all other 
insurers shall remit $3;  
    (9) for renewing an individual agent's license, $20 per 
year per license, and for renewing a license issued to a 
corporation or partnership, $50 per year;  
    (10) for issuing and renewing a surplus lines agent's 
license, $150;  
    (11) for issuing duplicate licenses, $5; 
    (12) for issuing licensing histories, $10; 
    (13) for processing checks returned due to insufficient 
funds, $15;  
    (14) for filing forms and rates, $10 $50 per filing; 
     (14) for annual renewal of surplus lines insurer license, 
$300. 
    The commissioner shall adopt rules to define filings that 
are subject to a fee. 
    Sec. 95.  Minnesota Statutes 1986, section 60A.206, 
subdivision 2, is amended to read:  
    Subd. 2.  [APPLICATION FOR RECOGNITION.] An insurer not 
otherwise licensed to engage in the business of insurance in 
Minnesota may apply for recognition as an eligible surplus lines 
insurer by filing an application in the form and with the 
information as reasonably required by the commissioner regarding 
the insurer's financial stability, reputation, integrity and 
operating plans, accompanied by a license fee of $500.  The 
commissioner may delegate to an association the power to process 
and make recommendations on applications for recognition as an 
eligible surplus lines insurer.  Notwithstanding delegation by 
the commissioner, an applicant may file an application directly 
with the commissioner. 
    Sec. 96.  Minnesota Statutes 1986, section 60A.23, 
subdivision 7, is amended to read:  
    Subd. 7.  [LICENSES REQUIRED FOR EMPLOYERS MAKING 
DEDUCTIONS FROM WAGES FOR CERTAIN PURPOSES.] (1) [REQUIREMENTS.] 
No employer shall make deductions from the wages of employees 
for the purpose of furnishing them with life insurance, funeral 
benefits, medical or hospital care, accident, sickness or old 
age insurance or benefits, unless the employer first receives 
from the commissioner of commerce a license for the benefit plan 
the employer operates or proposes to operate.  The license shall 
be granted only when the commissioner is satisfied that the 
benefits given are commensurate with the charges made and that 
the charges will keep the fund solvent.  All licenses shall be 
for the period of one year.  The commissioner may require a 
statement of the operation of the fund, on a form to be 
prescribed by the commissioner, before granting a renewal.  The 
fee for a license is $25 $250 and for filing the annual 
statement $10 $40.  Any fees received by the commissioner 
pursuant to this subdivision shall be paid into the general fund.
Before granting a license the commissioner of commerce shall 
submit the proposed plan to the chair of the workers' 
compensation court of appeals in order that the chair may 
determine whether the benefits are in conjunction with the 
benefits under the workers' compensation act. 
    (2) [EXCEPTIONS.] The requirements of clause (1) shall not 
apply to deductions made from the employees' wages for group 
insurance issued by insurers authorized to transact business in 
this state nor to railroad companies engaged in interstate 
commerce. 
    (3) [PENALTY.] Any person, firm, corporation, or 
association that makes deductions from the wages of an employee 
in violation of clause (1) shall be guilty of a misdemeanor. 
    Sec. 97.  Minnesota Statutes 1986, section 70A.14, 
subdivision 4, is amended to read:  
    Subd. 4.  [DURATION.] Licenses issued pursuant to this 
section shall remain in effect until the licensee withdraws from 
the state or until the license is suspended or revoked.  The fee 
for each license shall be $100 $1,000, payable every three years.
    Sec. 98.  Minnesota Statutes 1986, section 83.23, 
subdivision 2, is amended to read:  
    Subd. 2.  [NOTIFICATION.] Unless the method of offer or 
sale is adopted for the purpose of evasion of sections 83.20 to 
83.42, 83.43 and 83.44, subdivided lands may be registered by 
notification provided that all of the following requirements 
have been met:  
    (a) the subdivision consists of not more than 100 separate 
lots, units, parcels, or interests;  
    (b) at least 20 days prior to any offer pursuant to this 
subdivision, the subdivider must supply the commissioner, on 
forms which the commissioner may by rule prescribe, at least the 
following information:  
    (1) the name and address of the subdivider and the form and 
date of its organization if other than an individual;  
    (2) the location and legal description of the subdivision 
and the total number of lots, parcels, units, or interests;  
    (3) either a title opinion prepared and signed by an 
attorney licensed to practice law in the state wherein the 
subdivided land is situated; or a certificate of title insurance 
or its equivalent acceptable to the commissioner;  
    (4) a copy of each instrument which will be delivered to a 
purchaser to evidence the purchaser's interest in the subdivided 
lands and a copy of each contract or other agreement which a 
purchaser will be required to agree to or sign, together with 
the range of selling prices, rates, or rentals at which it is 
proposed to offer the lots, units, parcels, or interests in the 
subdivision, a list of fees the purchaser may be required to pay 
for amenities or membership in groups including, but not limited 
to, homeowners' associations, country clubs, golf courses, and 
other community organizations; and 
    (5) a copy of a signed and approved plat map or its 
equivalent;  
    (c) a filing fee of $100 $150 has been paid;  
    (d) the subdivider is in compliance with the service of 
process provisions of section 83.39.  
    The commissioner may by rule or order withdraw or further 
condition registration by notification or increase or decrease 
the number of lots, units, parcels, or interests in subdivided 
lands permitted for registration by notification.  If no stop 
order is in effect, no proceeding is pending, and no order has 
been issued under subdivision 4, a registration statement under 
this section automatically becomes effective at 5:00 in the 
afternoon on the 20th full business day after the filing of the 
registration statement or the last amendment, or at such earlier 
time as the commissioner by order determines.  
    The rulemaking authority in this subdivision does not 
include emergency rulemaking authority pursuant to chapter 14.  
    Sec. 99.  Minnesota Statutes 1986, section 83.23, 
subdivision 3, is amended to read:  
    Subd. 3.  [QUALIFICATION.] Subdivided lands may be 
registered by qualification provided all of the following 
requirements have been met:  
    (a) an application for registration has been filed with the 
commissioner in a format which the commissioner may by rule 
prescribe;  
    (b) the commissioner has been furnished a proposed public 
offering statement complying with section 83.24;  
    (c) a filing fee of $250 $400 plus an additional 
registration fee of $1 for each lot, unit, parcel, or interest 
included in the offering accompanies the application.  The 
maximum combined filing and registration fees shall in no event 
be more than $2,500 $3,500;  
    (d) the subdivider is in compliance with service of process 
provisions of section 83.39;  
    (e) the commissioner has been furnished a financial 
statement of the subdivider's most recent fiscal year, audited 
by an independent certified public accountant; and, if the 
fiscal year of the subdivider is more than 90 days prior to the 
date of filing the application, a financial statement, which may 
be unaudited, as of a date within 90 days of the date of 
application.  
    Subdivisions in which all the improvements are complete and 
paid for by the developer, and for which clear title can be 
given the purchaser at the closing, are exempt from providing 
independently certified financial statements.  
    An application for registration under this section becomes 
effective when the commissioner so orders.  
    The rulemaking authority in this subdivision does not 
include emergency rulemaking authority pursuant to chapter 14.  
    Sec. 100.  Minnesota Statutes 1986, section 83.30, 
subdivision 2, is amended to read:  
    Subd. 2.  [FEE.] Every annual report filed pursuant to 
section 83.23, subdivision 2, shall be accompanied by a fee 
of $50 $75.  Every annual report filed pursuant to section 
83.23, subdivision 3, shall be accompanied by a fee of $100 $150.
    Sec. 101.  Minnesota Statutes 1986, section 105.73, is 
amended to read:  
    105.73 [DEFINITIONS.] 
    Unless the context clearly indicates a different meaning is 
intended, the following terms for the purposes of this chapter 
shall be given the meanings ascribed to them in this section.  
    Board -- Minnesota water resources Board of water and soil 
resources.  
    Proceeding -- Any procedure under any of the laws 
enumerated in section 105.74 however administrative discretion 
or duty thereunder may be invoked in any instance.  
    Agency -- Any state officer, board, commission, bureau, 
division, or agency, other than a court, exercising duty or 
authority under any of the laws enumerated in section 105.74.  
    Court -- The court means the district court or a judge 
thereof before whom the proceedings are pending.  
    Question of water policy -- Where use, disposal, pollution, 
or conservation of water is a purpose, incident, or factor in a 
proceeding, the question or questions of state water law and 
policy involved, including either (a) determination of the 
governing policy of state law in the proceeding, resolving 
apparent inconsistencies between different statutes, (b) the 
proper application of that policy to facts in the proceeding 
when application is a matter of administrative discretion, or 
both (a) and (b).  
    Sec. 102.  Minnesota Statutes 1986, section 110B.02, 
subdivision 2, is amended to read:  
    Subd. 2.  [BOARD.] "Board" means the board of water and 
soil resources board. 
    Sec. 103.  [110B.35] [BOARD OF WATER AND SOIL RESOURCES.] 
    Subdivision 1.  [MEMBERSHIP.] The board of water and soil 
resources is composed of 12 voting members knowledgeable of 
water and soil problems and conditions within the state, and 
four ex officio nonvoting members.  
    Subd. 2.  [VOTING MEMBERS.] (a) The voting members are: 
    (1) three county commissioners; 
    (2) three soil and water conservation district supervisors; 
    (3) three watershed district or watershed management 
organization representatives; and 
    (4) three citizens who are not employed by, or the 
appointed or elected official of, any governmental office, 
board, or agency. 
    (b) Voting members must be distributed across the state 
with at least three members but not more than five members from 
the metropolitan area, as defined by section 473.121, 
subdivision 2; and one from each of the current soil and water 
conservation administrative regions.  
    (c) Voting members are appointed by the governor.  In 
making the appointments, the governor may consider persons 
recommended by the association of Minnesota counties, the 
Minnesota association of soil and water conservation districts, 
and the Minnesota association of watershed districts.  The list 
submitted by an association must contain at least three nominees 
for each position to be filled. 
    (d) The membership terms, compensation, removal of members 
and filling of vacancies on the board for voting members are as 
provided in section 15.0575.  
    Subd. 3.  [EX OFFICIO NONVOTING MEMBERS.] The following 
agencies shall each provide one nonvoting member to the board: 
    (1) department of agriculture; 
    (2) department of health; 
    (3) department of natural resources; and 
    (4) pollution control agency. 
    Subd. 4.  [EMPLOYEES.] The board may employ an executive 
director in the unclassified service and other permanent and 
temporary employees in accordance with chapter 43A.  The board 
may prescribe the powers and duties of its officers and 
employees and may authorize its employees and members of the 
board to act on behalf of the board. 
    Subd. 5.  [OFFICERS; QUORUM; RECORDS; AUDIT.] The governor 
shall appoint a chair from among the voting members of the board 
with the advice and consent of the senate.  The board shall 
elect a vice-chair and any other officers that it considers 
necessary from its membership.  A majority of the board is a 
quorum.  The board may hold public hearings and adopt rules 
necessary to execute its duties.  
    Subd. 6.  [ADMINISTRATIVE SERVICES.] The commissioner of 
administration shall provide and make available within the 
department of agriculture suitable and adequate office 
facilities and space for the board.  The commissioner of 
agriculture shall provide and make available administrative 
services required by the board in the administration of its 
functions. 
    Subd. 7.  [POWERS AND DUTIES.] In addition to the powers 
and duties prescribed elsewhere, the board has the following 
powers and duties: 
    (a) It shall coordinate the water and soil resources 
planning activities of counties, soil and water conservation 
districts, watershed districts, watershed management 
organizations, and any other local units of government through 
its various authorities for approval of local plans, 
administration of state grants, and by other means as may be 
appropriate. 
    (b) It shall facilitate communication and coordination 
among state agencies in cooperation with the environmental 
quality board, and between state and local units of government, 
in order to make the expertise and resources of state agencies 
involved in water and soil resources management available to the 
local units of government to the greatest extent possible. 
    (c) It shall coordinate state and local interests with 
respect to the study in southwestern Minnesota under United 
States Code, title 16, section 1009. 
    (d) It shall develop information and education programs 
designed to increase awareness of local water and soil resources 
problems and awareness of opportunities for local government 
involvement in preventing or solving them. 
    (e) It shall provide a forum for the discussion of local 
issues and opportunities relating to water and soil resources 
management. 
    (f) It shall adopt an annual budget and work program that 
integrate the various functions and responsibilities assigned to 
it by law.  
    (g) It shall report to the governor and the legislature by 
October 15 of each even-numbered year with an assessment of 
board programs and recommendations for any program changes and 
board membership changes necessary to improve state and local 
efforts in water and soil resources management. 
    Subd. 8.  [COMMITTEE FOR DISPUTE RESOLUTION.] A committee 
of the board is established to hear and resolve disputes, 
appeals, and interventions under sections 105.72 to 105.79, 
110B.25, 112.801, and 473.878, subdivision 7.  The committee 
consists of the three citizen members specified in subdivision 
1, paragraph (a), clause (4), and two additional members 
appointed by the board chair. 
    Sec. 104.  Minnesota Statutes 1986, section 112.35, 
subdivision 4, is amended to read:  
    Subd. 4.  "Board" means the Minnesota water resources board 
of water and soil resources established by section 105.71 103. 
    Sec. 105.  Minnesota Statutes 1986, section 116C.03, 
subdivision 2, is amended to read:  
    Subd. 2.  The board shall include as members the director 
of the state planning agency, the director of the pollution 
control agency, the commissioner of natural resources, the 
commissioner of agriculture, the commissioner of health, the 
commissioner of transportation, the chair of the board of water 
and soil resources, and a representative of the governor's 
office designated by the governor.  The governor shall appoint 
five members from the general public to the board, subject to 
the advice and consent of the senate.  At least two of the five 
public members shall have knowledge of and be conversant in 
water management issues in the state.  
    Sec. 106.  Minnesota Statutes 1986, section 138.65, is 
amended to read:  
    138.65 [ADMISSION FEES.] 
    The Minnesota historical society may establish and collect 
fees it deems reasonable for admission to the state owned 
historic sites under its control.  These fees shall be deposited 
in the general fund state treasury and are appropriated to the 
Minnesota historical society for historic site operations. 
    Sec. 107.  Minnesota Statutes 1986, section 138.91, is 
amended by adding a subdivision to read: 
    Subd. 3.  [HUMANITIES RESOURCE CENTER.] The Minnesota 
humanities commission may establish a humanities resource center 
to ensure balance in public education and in the cultural life 
of the state.  The humanities resource center may transport 
people and resources to small towns, rural communities, and 
urban settings to provide high quality educational and cultural 
programs to schools and community organizations throughout 
Minnesota. 
    Sec. 108.  Minnesota Statutes 1986, section 144.226, 
subdivision 3, is amended to read:  
    Subd. 3.  [BIRTH CERTIFICATE COPY SURCHARGE.] In addition 
to any fee prescribed under subdivision 1, there shall be a 
surcharge of $2 $3 for each certified copy of a birth 
certificate.  The local or state registrar shall forward this 
amount to the commissioner of finance for deposit into the 
account for the children's trust fund for the prevention of 
child abuse established under section 299A.22.  This surcharge 
shall not be charged under those circumstances in which no fee 
for a certified copy of a birth certificate is permitted under 
subdivision 1, paragraph (a).  Upon certification by the 
commissioner of finance that the assets in that fund exceed 
$20,000,000, this surcharge shall be discontinued. 
    Sec. 109.  Minnesota Statutes 1986, section 296.17, 
subdivision 9a, is amended to read: 
    Subd. 9a.  [MINNESOTA BASED INTERSTATE CARRIERS.] 
Notwithstanding the exemption contained in subdivision 9, as the 
commissioner of public safety enters into interstate fuel tax 
compacts which require base state licensing and filing and which 
eliminate filing in the nonresident compact states, the 
Minnesota based motor vehicles registered pursuant to section 
168.187 will be required to license under the fuel tax compact 
in Minnesota. 
    The commissioner of public safety will have all the powers 
granted to the commissioner of revenue under this section, 
including the authority to collect and issue licenses, to 
collect the tax due, and issue any refunds.  All license fees 
paid to the commissioner of public safety pursuant to 
subdivision 10 will be deposited in the general fund.  The 
commissioner shall charge an annual fee of $13 for applications 
for quarterly reporting of fuel tax under this subdivision. 
    Sec. 110.  Minnesota Statutes 1986, section 171.02, 
subdivision 3, is amended to read:  
    Subd. 3.  [MOTORIZED BICYCLES.] No motorized bicycle shall 
be operated on any public roadway by any person who does not 
possess a valid drivers license, unless the person has obtained 
a motorized bicycle operator's permit or motorized bicycle 
instruction permit from the commissioner of public safety.  The 
operator's permit may be issued to any person who has attained 
the age of 15 years and who has passed the examination 
prescribed by the commissioner.  The instruction permit may be 
issued to any person who has attained the age of 15 years and 
who has passed the written portion of the examination prescribed 
by the commissioner.  The commissioner may promulgate rules 
prescribing the content of the examination and the information 
to be contained on the permits. 
    The fees for motorized bicycle operator's permits are as 
follows: 
      (a) Examination and operator's permit,
          valid for one year                      $4 $6
      (b) Duplicate                               $2 $3
      (c) Renewal permit before age 19
          and valid until age 19                  $6 $9
      (d) Renewal permit after age 19
          and valid for four years               $10 $15
      (e) Duplicate of any renewal permit         $3 $4.50
      (f) Written examination and
          instruction permit, valid for
          30 days                                 $4 $6
    Sec. 111.  Minnesota Statutes 1986, section 171.06, 
subdivision 2, is amended to read:  
    Subd. 2.  [FEES.] (a) The fees for a license and Minnesota 
identification card are as follows: 
    Classified Driver License C-$10 B-$15 C-$15 B-$22.50
                              A-$20 A-$30
    Classified Provisional D.L. C-$6 B-$10 C-$9 B-$15
    Instruction Permit                        $4 $6
    Duplicate Driver or Provisional License   $3 $4.50
    Minnesota identification card, except
    as otherwise provided in section 171.07,
    subdivisions 3 and 3a                     $6 $9
    Sec. 112.  Minnesota Statutes 1986, section 297B.09, 
subdivision 1, is amended to read:  
    Subdivision 1.  [GENERAL FUND SHARE.] (a) Money collected 
and received under this chapter must be deposited in the state 
treasury and credited to the general fund.  The amounts 
collected and received shall be credited to the highway user tax 
distribution fund and the transit assistance fund as provided in 
subdivision 2 this subdivision, and transferred from the general 
fund on July 15 and January 15 of each fiscal year.  The 
commissioner of finance must make each transfer based upon the 
actual receipts of the preceding six calendar months and include 
the interest earned during that six-month period.  The 
commissioner of finance may establish a quarterly or other 
schedule providing for more frequent payments to the transit 
assistance fund if the commissioner determines it is necessary 
or desirable to provide for the cash flow needs of the 
recipients of money from the transit fund.  Five percent of the 
money must be deposited in the highway user tax distribution 
fund and the transit assistance fund for apportionment as 
provided in this section.  Of the money deposited under this 
section, 75 percent must be credited to the highway user tax 
distribution fund for apportionment in the same manner and for 
the same purposes as other money in that fund.  The remaining 25 
percent of the money must be credited to the transit assistance 
fund to be appropriated to the commissioner of transportation 
for transit assistance within the state and to the regional 
transit board. 
    (b) The distributions under this subdivision to the highway 
user tax distribution fund must be reduced by the amount 
necessary to fund the appropriation under section 41A.09, 
subdivision 1.  For the fiscal years ending June 30, 1988, and 
June 30, 1989, the commissioner of finance, before making the 
transfers required on July 15 and January 15 of each year, shall 
estimate the amount required to fund the appropriation under 
section 41A.09, subdivision 1, for the six-month period for 
which the transfer is being made.  The commissioner shall then 
reduce the amount transferred to the highway user tax 
distribution fund by the amount of that estimate.  The 
commissioner shall reduce the estimate for any six-month period 
by the amount by which the estimate for the previous six-month 
period exceeded the amount needed to fund the appropriation 
under section 41A.09, subdivision 1, for that previous six-month 
period.  If at any time during a six-month period in those 
fiscal years the amount of reduction in the transfer to the 
highway user tax distribution fund is insufficient to fund the 
appropriation under section 41A.09, subdivision 1 for that 
period, the commissioner shall transfer to the general fund from 
the highway user tax distribution fund an additional amount 
sufficient to fund the appropriation for that period, but the 
additional amount so transferred to the general fund in a 
six-month period may not exceed the amount transferred to the 
highway user tax distribution fund for that six-month period. 
    Sec. 113.  Minnesota Statutes 1986, section 299A.23, 
subdivision 3, is amended to read:  
    Subd. 3.  [PLAN FOR DISBURSEMENT OF FUNDS.] By June 1, 
1987, and biennially thereafter, the commissioner, assisted by 
the advisory council, shall develop a plan to disburse money 
from the trust fund.  In developing the plan, the commissioner 
shall review prevention programs.  The plan must ensure that all 
geographic areas of the state have an equal opportunity to 
establish prevention programs and receive trust fund money.  
Biennially thereafter the commissioner shall send the plan to 
the legislature and the governor by June January 1 of each 
odd-numbered year.  
    Sec. 114.  Minnesota Statutes 1986, section 299A.26, is 
amended to read:  
    299A.26 [ACCEPTANCE OF FEDERAL FUNDS AND OTHER DONATIONS.] 
    The commissioner may accept federal money and gifts, 
donations, and bequests for the purposes of Laws 1986, chapter 
423.  Money so received and proceeds from the sale of 
promotional items, minus sales promotional costs, must be 
deposited in the trust fund and must be made available annually 
to the commissioner for disbursement. 
    Sec. 115.  Minnesota Statutes 1986, section 309.531, 
subdivision 1, is amended to read:  
    Subdivision 1.  No person shall act as a professional fund 
raiser unless licensed by registered with the department 
attorney general.  Applications for a license shall The 
registration statement must be in writing, under oath, in the 
form prescribed by the department attorney general and shall 
must be accompanied by an application fee of $25 $200.  
Each license shall be registration is effective for a period of 
not more than 12 months from the date of issuance, and in any 
event shall expire expires on July 30 next following the date of 
issuance.  The registration may be renewed for additional 
one-year periods on application and payment of the fee. 
    Sec. 116.  Minnesota Statutes 1986, section 326.241, 
subdivision 3, is amended to read:  
    Subd. 3.  [FEES AND FINANCES; DISPOSITION.] All license 
fees collected under the provisions of sections 326.241 to 
326.248 are to be credited to the general fund.  The expenses of 
administering sections 326.241 to 326.248 shall be paid from 
appropriations made to the board of electricity a special 
account in the state treasury.  Money in the account is 
appropriated to the board of electricity to administer and 
enforce sections 326.241 to 326.248, to pay indirect costs, to 
compensate contract electrical inspectors for inspections 
performed, and to make refunds. 
    Sec. 117.  Minnesota Statutes 1986, section 326.244, 
subdivision 2, is amended to read:  
    Subd. 2.  [PROCEDURE.] (a) At or before commencement of any 
installation required to be inspected by the board, the 
electrical contractor, installer, special electrician, or owner 
making the installation shall submit to the board a request for 
inspection, in a form prescribed by the board, together with the 
fees required for the installation.  
    (b) The fees required are a handling fee and an inspection 
fee.  The handling fee shall be set by the board in an amount 
sufficient to pay the cost of printing and handling the form 
requesting an inspection.  The inspection fee shall be set by 
the board in an amount sufficient to pay the actual costs of the 
inspection and the board's costs in administering the 
inspection.  All fees shall be set pursuant to the procedure of 
sections 14.01 to 14.70.  
    (c) All handling fees shall be deposited in the general 
fund.  All inspection fees collected pursuant to this section 
shall be deposited by the board in a special revenue bookkeeping 
account of the treasury and are appropriated to the board for 
the purpose of compensating contract inspectors for inspections 
performed, for transfer to the general fund of the portion of 
the fee representing inspection administration costs, and for 
making refunds.  
    (d) If the inspector finds that the installation is not in 
compliance with accepted standards of construction for safety to 
life and property as required by section 326.243, the inspector 
shall by written order condemn the installation or noncomplying 
portion thereof, or order service to the installation 
disconnected, and shall send a copy of the order to the board.  
If the installation or the noncomplying part will seriously and 
proximately endanger human life and property, the order of the 
inspector, when approved by the inspector's superior, shall 
require immediate condemnation or disconnection.  In all other 
cases, the order of the inspector shall permit a reasonable 
opportunity for the installation to be brought into compliance 
with accepted standards of construction for safety to life and 
property prior to the effective time established for 
condemnation or disconnection. 
    (e) (d) Copies of each condemnation or disconnection order 
shall be served personally or by mail upon the property owner, 
and the electrical contractor, installer, or special electrician 
making the installation, and other persons as the board by rule 
may direct.  An aggrieved party may appeal any condemnation or 
disconnection order by filing with the board a notice of appeal 
within ten days after (1) service upon the aggrieved party of 
the condemnation or disconnection order, if this service is 
required, or (2) filing of the order with the board, whichever 
is later.  The appeal shall proceed and the order of the 
inspector shall have the effect the order, by its terms, and the 
rules of the board provides.  The board shall adopt rules 
providing procedures for the conduct of appeals, including 
provisions for the stay of enforcement of the order of the 
inspector pending such appeal when justified by the 
circumstances. 
    Sec. 118.  Minnesota Statutes 1986, section 332.33, 
subdivision 3, is amended to read:  
    Subd. 3.  Licenses granted by the commissioner of commerce 
under sections 332.31 to 332.45 shall expire on June 30.  All 
renewals of licenses shall likewise expire on June 30.  Each 
license shall plainly state the name and business address of the 
licensee, and shall be posted in a conspicuous place in the 
office where the business is transacted.  The fee for each 
license is $500 and renewal shall be $100 is $400.  A licensee 
who desires to carry on business in more than one place within 
the state shall procure a license for each place where the 
business is to be conducted.  
    Sec. 119.  Minnesota Statutes 1986, section 332.33, 
subdivision 4, is amended to read:  
    Subd. 4.  The commissioner may require such financial 
statements and references of all applicants for a license as the 
commissioner deems necessary; and may make or cause to be made 
an independent investigation concerning the applicant's 
reputation, integrity, competence, and net worth, at the expense 
of the applicant for such initial investigation, not to 
exceed $100 $500, and for that purpose may require such deposit 
against the cost thereof as the commissioner deems adequate.  
Such investigation may cover all managerial personnel employed 
by or associated with the applicant. 
    Sec. 120.  Minnesota Statutes 1986, section 473.39, 
subdivision 1a, is amended to read: 
    Subd. 1a.  [AMOUNT; I-394 FACILITIES AMOUNTS.] (a) The 
council may issue certificates of indebtedness, bonds, or other 
obligations under this section in an amount not exceeding 
$8,500,000 $17,000,000 for expenditure financial assistance to 
the commission, as prescribed in the implementation plan of the 
board and the capital program of the commission.  Of this 
    (b) The council may issue certificates of indebtedness, 
bonds, or other obligations under this section in an amount, no 
more than not exceeding $1,500,000 may be spent for land 
acquisition and capital improvements for park and ride lots and 
transit transfer stations planned for the interstate highway 
described in section 161.123, clause (2), commonly known as 
I-394.  These facilities may be constructed and maintained by 
the metropolitan transit commission.  The board shall require, 
as a condition of financial assistance to the commission, that 
the commission make facilities it constructs, acquires, or 
improves for I-394 with funds provided under this provision 
available to all transit providers on a nondiscriminatory basis, 
as the board defines these terms. 
    Sec. 121.  Minnesota Statutes 1986, section 473.876, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [BOARD.] "Board," unless the context indicates 
otherwise, means the board of water and soil resources created 
in section 103. 
    Sec. 122.  Minnesota Statutes 1986, section 473.877, 
subdivision 2, is amended to read:  
    Subd. 2.  [REVIEW OF WATERSHED BOUNDARIES.] Before 
commencing planning under section 473.878, a watershed 
management organization established pursuant to section 471.59 
and this section shall submit a map delineating the boundaries 
of the watershed to the water resources board of water and soil 
resources for review and comment on the conformance of the 
boundaries with the requirements of sections 473.875 to 
473.883.  The board shall have 60 days to comment.  
    Sec. 123.  Minnesota Statutes 1986, section 473.8771, 
subdivision 1, is amended to read:  
    Subdivision 1.  [BOUNDARY CHANGE.] The boundaries of a 
watershed district wholly within the metropolitan area may be 
changed pursuant to this subdivision or chapter 112.  The 
governing board of a watershed management organization may 
petition the water resources board of water and soil resources 
for an order changing the boundaries of a watershed district 
wholly within the metropolitan area, either by adding new 
territory to the district or by transferring territory that is 
within the district to the jurisdiction of another watershed 
management organization.  The petition must:  
    (a) describe with particularity the change in boundary 
requested, the territory affected, and the reasons for the 
change; 
    (b) show that the change is consistent with the purposes 
and requirements of sections 473.875 to 473.883; and 
    (c) identify any property subject to subdivision 3.  
The petition must be accompanied by a written statement of 
concurrence in the petition from the governing body of each 
statutory or home rule charter city and town and each watershed 
management organization having jurisdiction over the territory 
proposed to be added or transferred.  Upon the filing of a 
sufficient petition, the water resources board shall give notice 
of the filing of the petition by publication once each week for 
two successive weeks in a legal newspaper in each county 
affected and by mail to the county auditor of each county 
affected and to the chief official of each statutory or home 
rule charter city and township affected.  The notice must 
describe the action proposed by the petition and invite written 
comments on the petition for consideration by the board.  The 
notice must announce that any person who objects to the action 
proposed in the petition may submit a written request for 
hearing to the board within 20 days of the last publication of 
the notice of the filing of the petition and that if no timely 
request for hearing is received the board will make a decision 
on the petition pursuant to this subdivision without conducting 
the public hearing required under chapter 112.  If no timely 
request for hearing is received the board shall make a decision 
on the petition without a hearing within 30 days after the last 
publication of the notice.  If one or more timely requests for 
hearing are received the board shall hold a hearing on the 
petition and shall follow the procedures in chapter 112 
regarding notice and conduct of hearings.  After completing the 
procedures required by this subdivision, the board shall, by its 
findings and order, make the boundary change requested if the 
board determines that:  
    (a) (i) the governing body of each statutory or home rule 
charter city and town and each watershed management organization 
having jurisdiction over the territory proposed to be added or 
transferred concurs in the petition, 
    (b) (ii) the change is consistent with the purposes and 
requirements of sections 473.875 to 473.883, and 
    (c) (iii) the change can be accomplished in conformance 
with subdivision 3. 
The board shall file a certified copy of the findings and order 
with the secretary of state.  The order making the change must 
conform to subdivision 3.  The order making the change may amend 
the order prescribing the distribution of managers of the 
district.  
    Sec. 124.  Minnesota Statutes 1986, section 473.8771, 
subdivision 2, is amended to read:  
    Subd. 2.  [TERMINATION.] A watershed district wholly within 
the metropolitan area may be terminated pursuant to this 
subdivision or chapter 112.  Proceedings for termination under 
this subdivision must be initiated by a petition to the water 
resources board of water and soil resources filed jointly by the 
governing bodies of all statutory and home rule charter cities 
and towns having jurisdiction over territory within the 
watershed.  Upon the filing of a sufficient petition, the board 
shall hold a hearing in accordance with the procedures 
prescribed in chapter 112, to take testimony on the 
determinations required to be made by the board.  Following the 
hearing, the board shall, by its findings and order, terminate 
the district as requested if the board determines:  
    (a) that the local units of government having jurisdiction 
over territory within the watershed have formed a joint powers 
organization for the watershed pursuant to section 473.877, 
    (b) that upon termination of the district the members of 
the joint powers organization, jointly or severally, are willing 
and able to assume ownership of the district's assets and the 
responsibility for managing and maintaining the district's 
projects as necessary to accomplish the purposes of sections 
473.875 to 473.883 and to implement the watershed plan of the 
joint powers organization to be developed pursuant to section 
473.878, and 
    (c) that the termination can be accomplished in conformance 
with subdivision 3. 
The board shall file a certified copy of the findings and order 
with the secretary of state.  The order terminating the district 
must transfer the assets of the district to the joint powers 
organization or its members.  The order must conform to 
subdivision 3.  
    Sec. 125.  Minnesota Statutes 1986, section 473.878, 
subdivision 7, is amended to read:  
    Subd. 7.  [REVIEW BY STATE AGENCIES.] After completion of 
the review under subdivision 6, the plan shall be submitted to 
the commissioner of natural resources and the pollution control 
agency for review and comment on the consistency of the plan 
with state laws and rules relating to water and related land 
resources, and to the water resources board of water and soil 
resources for review under section 112.46.  Except as otherwise 
provided in this subdivision, the water resources board of water 
and soil resources shall review the plan as provided in section 
112.46.  The board shall review the plan for conformance with 
the requirements of chapter 112 and sections 473.875 to 
473.883.  The board shall not prescribe a plan, but may 
disapprove all or parts of a plan which it determines is not in 
conformance with the requirements of chapter 112 and sections 
473.875 to 473.883.  If the capital improvement program is the 
subject of a dispute between counties, the water resources board 
of water and soil resources shall make a final decision on the 
issue.  The decision shall be binding on the organization and 
the counties involved.  
    Sec. 126.  Minnesota Statutes 1986, section 473.878, 
subdivision 8, is amended to read:  
    Subd. 8.  [ADOPTION; IMPLEMENTATION.] The organization 
shall adopt and implement its plan within 120 days after 
compliance with the provisions of subdivision 7 and approval of 
the plan by the water resources board of water and soil 
resources.  A watershed district may implement its approved plan 
and approved capital improvement program by resolution of the 
majority of the board of managers and without respect to the 
provisions of chapter 112 requiring the managers to wait upon 
petitions for projects, to submit projects for review by 
the water resources board of water and soil resources, and to 
limit the cost and purposes of projects.  
    Sec. 127.  Minnesota Statutes 1986, section 611A.61, is 
amended by adding a subdivision to read: 
    Subd. 3.  [DEPOSIT OF REVENUE TO FUND.] The first $18,000 
collected under this section in each year of the biennium must 
be deposited into the general fund.  Amounts in excess of 
$18,000 must be deposited into the crime victim and witness 
account in the state treasury for the purposes established in 
section 609.101. 
     Sec. 128.  [626.562] [CHILD ABUSE PROFESSIONAL CONSULTATION 
TELEPHONE LINE.] 
     Subdivision 1.  [ESTABLISHMENT OF TELEPHONE LINE.] The 
commissioner of public safety shall contract for at least one 
statewide toll-free 24-hour telephone line for the purpose of 
providing consultative and training services for physicians, 
therapists, child protection workers, and other professionals 
involved in child protection.  Services provided must include 
emergency and longer term consultation on individual child 
protection cases. 
     Subd. 2.  [CONTRACT AUTHORITY.] The commissioner shall 
contract to establish the telephone service described in 
subdivision 1.  The commissioner shall contract only with 
agencies that agree to match through cash or in-kind donations 
30 percent of the contract amount.  The commissioner shall 
require that these agencies submit periodic reports describing 
the manner in which they have performed services specified in 
this section. 
     Subd. 3.  [CHILD ABUSE REPORTING.] A communication by 
telephone line established under this section by a person 
mandated to report abuse or neglect under section 626.556 does 
not satisfy the obligation to report under that section.  
     Sec. 129.  Minnesota Statutes 1986, section 626.841, is 
amended to read:  
    626.841 [BOARD; MEMBERS.] 
    The board of peace officer standards and training shall be 
composed of the following 13 15 members: 
    (a) Two members to be appointed by the governor from among 
the county sheriffs in Minnesota; 
    (b) Four members to be appointed by the governor from among 
peace officers in Minnesota municipalities, at least two of whom 
shall be chiefs of police; 
     (c) Two members to be appointed by the governor from among 
peace officers, at least one of whom shall be a member of the 
Minnesota state patrol association; 
    (c) (d) The superintendent of the Minnesota bureau of 
criminal apprehension or a designee; 
    (d) (e) Two members appointed by the governor experienced 
in law enforcement at a local, state or federal level who are 
not currently employed as peace officers; 
    (e) (f) Two members to be appointed by the governor from 
among the elected city officials in statutory or home rule 
charter cities of under 5,000 population outside the 
metropolitan area, as defined in section 473.121, subdivision 2; 
    (f) (g) Two members appointed by the governor from among 
the general public.  
    A chair shall be appointed by the governor from among the 
members.  In making appointments the governor shall strive to 
achieve representation from among the geographic areas of the 
state. 
     Sec. 130.  Minnesota Statutes 1986, section 626.846, is 
amended by adding a subdivision to read: 
     Subd. 6.  A person seeking election or appointment to the 
office of sheriff after June 30, 1987, must be licensed or 
eligible to be licensed as a peace officer.  The person shall 
submit proof of peace officer licensure or eligibility as part 
of the application for office. 
    Sec. 131.  Minnesota Statutes 1986, section 626.852, is 
amended to read: 
    626.852 [TUITION; SALARY AND EXPENSES.] 
    No tuition shall be charged any peace officer or part-time 
peace officer for attending any training school herein provided 
for, and Each officer when assigned to the bureau of criminal 
apprehension continuing education courses pursuant to rules of 
the board shall receive the officer's regular salary and shall 
be reimbursed by the governing body of the governmental unit or 
combination of governmental units from which elected or by which 
employed for the cost of meals, travel, and lodgings while in 
attendance at the bureau of criminal apprehension courses, not 
to exceed similar allowance for state employees. 
    Sec. 132.  [REPEALER.] 
    Subdivision 1.  Minnesota Statutes 1986, sections 18A.21; 
18A.22; 18A.23; 18A.24; 18A.25; 18A.26; 18A.27; 18A.28; 18A.29; 
18A.30; 18A.31; 18A.32; 18A.33; 18A.34; 18A.35; 18A.36; 18A.37; 
18A.38; 18A.39; 18A.40; 18A.41; 18A.42; 18A.43; 18A.44; 18A.45; 
18A.48;  297B.09, subdivision 2; and 626.849, are repealed. 
    Subd. 2.  Minnesota Statutes 1986, sections 40.03, 
subdivisions 1, 1a, 2, and 3; 105.71; 116C.40, subdivision 3; 
and 116C.41, subdivision 2, are repealed effective October 1, 
1987. 
    Sec. 133.  [EFFECTIVE DATES.] 
    Subdivision 1.  Section 108 is effective the day following 
final enactment.  
    Subd. 2.  Sections 33, 34, 88 to 93, 101 to 105, and 121 to 
126 are effective October 1, 1987.  Until the effective date of 
these sections, appropriations made to the board of water and 
soil resources must be allocated by the commissioner of finance 
to the separate agencies. 
    Approved June 2, 1987

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569