Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1987, Regular Session
Key: (1) language to be deleted (2) new language
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
Official Publication of the State of Minnesota
Revisor of Statutes