1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to state government; appropriating money for 1.3 agricultural and rural development purposes; 1.4 establishing and modifying certain programs; providing 1.5 for regulation of certain activities and practices; 1.6 providing for accounts, assessments, and fees; 1.7 amending Minnesota Statutes 2002, sections 17.451; 1.8 17.452, subdivisions 8, 10, 11, 12, 13, by adding 1.9 subdivisions; 18.525; 18.78; 18.79, subdivisions 2, 3, 1.10 5, 6, 9, 10; 18.81, subdivisions 2, 3; 18.84, 1.11 subdivision 3; 18.86; 18B.26, subdivision 3; 21.89, 1.12 subdivision 2; 21.90, subdivision 2; 21.901; 28A.08, 1.13 subdivision 3; 28A.085, subdivision 1; 28A.09, 1.14 subdivision 1; 32.394, subdivisions 8, 8b, 8d; 35.155; 1.15 41A.09, subdivisions 1, 2a, 3a, by adding 1.16 subdivisions; 116.07, subdivision 7a; 116D.04, 1.17 subdivisions 2a, 10, 11, 13; 116O.09, subdivisions 1, 1.18 1a, 2, 3, 9, 12, 13, by adding subdivisions; proposing 1.19 coding for new law in Minnesota Statutes, chapters 18; 1.20 21; repealing Minnesota Statutes 2002, sections 1.21 17.110; 18.51; 18.52; 18.53; 18.54; 18.79, 1.22 subdivisions 1, 7, 11; 18.85; 41A.09, subdivisions 1a, 1.23 5a, 6, 7, 8; Minnesota Rules, part 1510.0281. 1.24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.25 Section 1. [AGRICULTURE AND RURAL DEVELOPMENT APPROPRIATIONS.] 1.26 The sums shown in the columns marked "APPROPRIATIONS" are 1.27 appropriated from the general fund, or another named fund, to 1.28 the agencies and for the purposes specified in this act, to be 1.29 available for the fiscal years indicated for each purpose. The 1.30 figures "2004" and "2005," where used in this act, mean that the 1.31 appropriation or appropriations listed under them are available 1.32 for the year ending June 30, 2004, or June 30, 2005, 1.33 respectively. The term "the first year" means the year ending 1.34 June 30, 2004, and the term "the second year" means the year 2.1 ending June 30, 2005. 2.2 SUMMARY BY FUND 2.3 2004 2005 TOTAL 2.4 General $ 45,185,000 $ 44,620,000 $ 89,805,000 2.5 Remediation 353,000 353,000 706,000 2.6 TOTAL $ 45,538,000 $ 44,973,000 $ 90,511,000 2.7 APPROPRIATIONS 2.8 Available for the Year 2.9 Ending June 30 2.10 2004 2005 2.11 Sec. 2. DEPARTMENT OF AGRICULTURE 2.12 Subdivision 1. Total 2.13 Appropriation 42,735,000 42,170,000 2.14 Summary by Fund 2.15 General 42,382,000 41,817,000 2.16 Remediation 353,000 353,000 2.17 The amounts that may be spent from this 2.18 appropriation for each program are 2.19 specified in the following subdivision. 2.20 Subd. 2. Protection Services 2.21 9,138,000 9,138,000 2.22 Summary by Fund 2.23 General 8,785,000 8,785,000 2.24 Remediation 353,000 353,000 2.25 $353,000 the first year and $353,000 2.26 the second year are from the 2.27 remediation fund for administrative 2.28 funding for the voluntary cleanup 2.29 program. 2.30 Subd. 3. Agricultural Marketing 2.31 and Development 2.32 5,209,000 5,209,000 2.33 $71,000 the first year and $71,000 the 2.34 second year are for transfer to the 2.35 Minnesota grown matching account and 2.36 may be used as grants for Minnesota 2.37 grown promotion under Minnesota 2.38 Statutes, section 17.109. Grants may 2.39 be made for one year. Notwithstanding 2.40 Minnesota Statutes, section 16A.28, the 2.41 appropriations encumbered under 2.42 contract on or before June 30, 2005, 2.43 for Minnesota grown grants in this 2.44 subdivision are available until June 2.45 30, 2007. 2.46 $80,000 the first year and $80,000 the 2.47 second year are for grants to farmers 2.48 for demonstration projects involving 2.49 sustainable agriculture as authorized 3.1 in Minnesota Statutes, section 17.116. 3.2 Of the amount for grants, up to $20,000 3.3 may be used for dissemination of 3.4 information about the demonstration 3.5 projects. Notwithstanding Minnesota 3.6 Statutes, section 16A.28, the 3.7 appropriations encumbered under 3.8 contract on or before June 30, 2005, 3.9 for sustainable agriculture grants in 3.10 this subdivision are available until 3.11 June 30, 2007. 3.12 The commissioner, in consultation with 3.13 farm groups and individuals and 3.14 organizations in the education 3.15 community, shall identify an 3.16 appropriate entity in the private 3.17 sector to sponsor, house, and carry on 3.18 the staffing and function of the Ag in 3.19 the Classroom program. Once an entity 3.20 is identified and arrangements for the 3.21 transfer finalized, the commissioner 3.22 may release educational and program 3.23 materials to the new entity. 3.24 Subd. 4. Ethanol Development 3.25 22,962,000 21,428,000 3.26 Notwithstanding the annual 3.27 appropriation for ethanol producer 3.28 payments in Minnesota Statutes, section 3.29 41A.09, subdivision 1, the general fund 3.30 appropriation for fiscal year 2004 is 3.31 $22,692,000 and the appropriation for 3.32 fiscal year 2005 is $21,428,000. 3.33 Payments from these appropriations for 3.34 eligible ethanol production in fiscal 3.35 years 2004 and 2005 shall be disbursed 3.36 at the rate of $0.13 per gallon, and 3.37 the base appropriation amounts in 3.38 fiscal years 2006 and 2007 must be 3.39 calculated as the projected eligible 3.40 production in those years times a 3.41 payment rate of $0.13 per gallon. If 3.42 the total amount for which all 3.43 producers are eligible in a quarter 3.44 exceeds the amount available for 3.45 payments, the commissioner shall make 3.46 payments on a pro rata basis. 3.47 Subd. 5. Administration and 3.48 Financial Assistance 3.49 5,426,000 6,395,000 3.50 $1,005,000 the first year and 3.51 $1,005,000 the second year are for 3.52 continuation of the dairy development 3.53 and profitability enhancement and dairy 3.54 business planning grant programs 3.55 established under Laws 1997, chapter 3.56 216, section 7, subdivision 2 and Laws 3.57 2001, First Special Session chapter 2, 3.58 section 9, subdivision 2. The 3.59 commissioner may allocate the available 3.60 sums among permissible activities, 3.61 including efforts to improve the 3.62 quality of milk produced in the state, 3.63 in the proportions which the 3.64 commissioner deems most beneficial to 4.1 Minnesota's dairy farmers. The 4.2 commissioner must submit a work plan 4.3 detailing plans for expenditures under 4.4 this program to the chairs of the house 4.5 and senate committees dealing with 4.6 agricultural policy and budget on or 4.7 before the start of each fiscal year. 4.8 If significant changes are made to the 4.9 plans in the course of the year, the 4.10 commissioner must notify the chairs. 4.11 $50,000 the first year and $50,000 the 4.12 second year are for the Northern Crops 4.13 Institute. These appropriations may be 4.14 spent to purchase equipment. 4.15 $19,000 the first year and $19,000 the 4.16 second year are for a grant to the 4.17 Minnesota livestock breeders 4.18 association. 4.19 $2,000 the first year and $1,000 the 4.20 second year are for family farm 4.21 security interest payment adjustments. 4.22 If the appropriation for either year is 4.23 insufficient, the appropriation for the 4.24 other year is available for it. No new 4.25 loans may be approved in fiscal year 4.26 2004 or 2005. 4.27 $500,000 the first year and $1,535,000 4.28 the second year are for the 4.29 administration and performance of the 4.30 duties under Minnesota Statutes, 4.31 section 116O.09. The commissioner 4.32 shall transfer up to $100,000 to the 4.33 agricultural utilization and research 4.34 institute for its operations between 4.35 July 1 and September 30, 2003. 4.36 Sec. 3. BOARD OF ANIMAL 4.37 HEALTH 2,803,000 2,803,000 4.38 $400,000 the first year and $400,000 4.39 the second year are for the purposes of 4.40 cervidae inspections as authorized in 4.41 Minnesota Statutes, section 17.452. 4.42 Sec. 4. AGRICULTURAL UTILIZATION 4.43 RESEARCH INSTITUTE -0- -0- 4.44 Sec. 5. Minnesota Statutes 2002, section 17.451, is 4.45 amended to read: 4.46 17.451 [DEFINITIONS.] 4.47 Subdivision 1. [APPLICABILITY.] The definitions in this 4.48 section apply to this section and section 17.452. 4.49 Subd. 1a. [CERVIDAE.] "Cervidae" means animals that are 4.50 members of the family Cervidae and includes, but is not limited 4.51 to, white-tailed deer, mule deer, red deer, elk, moose, caribou, 4.52 reindeer, and muntjac. 4.53 Subd. 2. [FARMED CERVIDAE.] "Farmed cervidae" means 5.1 members of the Cervidae family that are: 5.2 (1) raised fortheany purposeof producing fiber, meat, or5.3animal by-products, as pets, or as breeding stock; and 5.4 (2) registered in a manner approved by the board of animal 5.5 health. 5.6 Subd. 3. [OWNER.] "Owner" means a person who owns or is 5.7 responsible for the raising of farmed cervidae. 5.8 Subd. 4. [HERD.] "Herd" means: 5.9 (1) all cervidae maintained on common ground for any 5.10 purpose; or 5.11 (2) all cervidae under common ownership or supervision, 5.12 geographically separated, but that have an interchange or 5.13 movement of animals without regard to whether the animals are 5.14 infected with or exposed to diseases. 5.15 Sec. 6. Minnesota Statutes 2002, section 17.452, 5.16 subdivision 8, is amended to read: 5.17 Subd. 8. [SLAUGHTER.] Farmed cervidae must be slaughtered 5.18 and inspected in accordance with chapters 31 and 31A or the 5.19 United States Department of Agriculture voluntary program for 5.20 exotic animals, Code of Federal Regulations, title 9, part 352. 5.21 Sec. 7. Minnesota Statutes 2002, section 17.452, 5.22 subdivision 10, is amended to read: 5.23 Subd. 10. [FENCING.](a)Farmed cervidae must be confined 5.24 in a manner designed to prevent escape.Fencing must meet the5.25requirements in this subdivision unless an alternative is5.26specifically approved by the commissioner. The board of animal5.27health shall follow the guidelines established by the United5.28States Department of Agriculture in the program for eradication5.29of bovine tuberculosis. Perimeter fencing must be of the5.30following heights:5.31(1) for fences constructed before August 1, 1995, for5.32farmed deer, at least 75 inches;5.33(2) for fences constructed before August 1, 1995, for5.34farmed elk, at least 90 inches; and5.35(3) for fences constructed on or after August 1, 1995, for5.36all farmed cervidae, at least 96 inches.6.1(b) The farmed cervidae advisory committee shall establish6.2guidelines designed to prevent the escape of farmed cervidae and6.3other appropriate management practices.All perimeter fences 6.4 for farmed cervidae must be at least 96 inches in height and be 6.5 constructed and maintained in a way that prevents the escape of 6.6 farmed cervidae or entry into the premises by free-roaming 6.7 cervidae. 6.8(c) The commissioner of agriculture in consultation with6.9the commissioner of natural resources shall adopt rules6.10prescribing fencing criteria for farmed cervidae.6.11 [EFFECTIVE DATE.] This section is effective January 1, 2004. 6.12 Sec. 8. Minnesota Statutes 2002, section 17.452, 6.13 subdivision 11, is amended to read: 6.14 Subd. 11. [DISEASEINSPECTIONCONTROL PROGRAMS.] Farmed 6.15 cervidae herds are subject to chapter 35 and the rules of the 6.16 board of animal health in the same manner as livestock and 6.17 domestic animals, including provisions relating to importation 6.18 and transportation. 6.19 Sec. 9. Minnesota Statutes 2002, section 17.452, 6.20 subdivision 12, is amended to read: 6.21 Subd. 12. [IDENTIFICATION.] (a) Farmed cervidae must be 6.22 identified byUnited States Department of Agriculture metal ear6.23tags, electronic implants, or othermeansof identification6.24 approved by the board of animal healthin consultation with the6.25commissioner of natural resources. Beginning January 1, 2004, 6.26 the identification must be visible to the naked eye during 6.27 daylight under normal conditions at a distance of 50 yards. 6.28 Newbornor importedanimalsare required tomust be identified 6.29by March 1 of each yearbefore December 31 of the year in which 6.30 the animal is born or before movement from the premises, 6.31 whichever occurs first.The board shall authorize discrete6.32permanent identification for farmed cervidae in public displays6.33or other forums where visible identification is objectionable.6.34 (b)Identification of farmed cervidae is subject to6.35sections 35.821 to 35.831.6.36(c)The board of animal health shall register farmed 7.1 cervidaeupon request of the owner. The owner must submit the 7.2 registration request on forms provided by the board. The forms 7.3 must include sales receipts or other documentation of the origin 7.4 of the cervidae. The board shall provide copies of the 7.5 registration information to the commissioner of natural 7.6 resources upon request. The owner must keep written records of 7.7 the acquisition and disposition of registered farmed cervidae. 7.8 Sec. 10. Minnesota Statutes 2002, section 17.452, 7.9 subdivision 13, is amended to read: 7.10 Subd. 13. [INSPECTION.] The commissioner of agriculture 7.11 and the board of animal health may inspect farmed cervidae, 7.12 farmed cervidae facilities, and farmed cervidae records. The 7.13 commissioner of natural resources may inspect farmed cervidae, 7.14 farmed cervidae facilities, and farmed cervidae records with 7.15 reasonable suspicion that laws protecting native wild animals 7.16 have been violated.and must notify the ownermust be notified7.17 in writing at the time of the inspection of the reason for the 7.18 inspection andinformedmust inform the owner in writing after 7.19 the inspection of whether (1) the cause of the inspection was 7.20 unfounded; or (2) there will be an ongoing investigation or 7.21 continuing evaluation. 7.22 Sec. 11. Minnesota Statutes 2002, section 17.452, is 7.23 amended by adding a subdivision to read: 7.24 Subd. 15. [MANDATORY REGISTRATION.] A person may not 7.25 possess live cervidae in Minnesota unless the person is 7.26 registered with the board of animal health and meets all the 7.27 requirements for farmed cervidae under this section. Cervidae 7.28 possessed in violation of this subdivision may be seized and 7.29 destroyed by the commissioner of natural resources. 7.30 [EFFECTIVE DATE.] This section is effective January 1, 2004. 7.31 Sec. 12. Minnesota Statutes 2002, section 17.452, is 7.32 amended by adding a subdivision to read: 7.33 Subd. 16. [MANDATORY SURVEILLANCE FOR CHRONIC WASTING 7.34 DISEASE.] (a) An inventory for each farmed cervidae herd must be 7.35 verified by an accredited veterinarian and filed with the board 7.36 of animal health every 12 months. 8.1 (b) Movement of farmed cervidae from any premises to 8.2 another location must be reported to the board of animal health 8.3 within 14 days of such movement on forms approved by the board 8.4 of animal health. 8.5 (c) All animals from farmed cervidae herds that are over 16 8.6 months of age that die or are slaughtered must be tested for 8.7 chronic wasting disease. 8.8 [EFFECTIVE DATE.] This section is effective January 1, 2004. 8.9 Sec. 13. [18.511] [FEE SCHEDULE.] 8.10 Subdivision 1. [ESTABLISHMENT OF FEES.] The commissioner 8.11 shall establish fees sufficient to allow for the administration 8.12 and enforcement of this chapter and rules adopted under this 8.13 chapter, including the portion of general support costs and 8.14 statewide indirect costs of the agency attributable to that 8.15 function, with a reserve sufficient for up to six months. The 8.16 commissioner shall review the fee schedule annually in 8.17 consultation with the Minnesota nursery and landscape advisory 8.18 committee. For the certificate year beginning January 1, 2004, 8.19 the fees are as described in this section. 8.20 Subd. 2. [NURSERY STOCK GROWER CERTIFICATE.] (a) A nursery 8.21 stock grower must pay an annual fee based on the area of all 8.22 acreage on which nursery stock is grown for certification as 8.23 follows: 8.24 (1) less than one-half acre, $150; 8.25 (2) from one-half acre to two acres, $200; 8.26 (3) over two acres up to five acres, $300; 8.27 (4) over five acres up to ten acres, $350; 8.28 (5) over ten acres up to 20 acres, $500; 8.29 (6) over 20 acres up to 40 acres, $650; 8.30 (7) over 40 acres up to 50 acres, $800; 8.31 (8) over 50 acres up to 200 acres, $1,100; 8.32 (9) over 200 acres up to 500 acres, $1,500; and 8.33 (10) over 500 acres, $1,500 plus $2 for each additional 8.34 acre. 8.35 (b) In addition to the fees in paragraph (a), a penalty of 8.36 ten percent of the fee due must be charged for each month that 9.1 the fee is delinquent for any application for renewal not 9.2 received by January 1 of the year following expiration of a 9.3 certificate. 9.4 Subd. 3. [NURSERY STOCK DEALER, CERTIFICATE.] (a) A 9.5 nursery stock dealer must pay an annual fee based on the 9.6 dealer's gross sales of nursery stock per location during the 9.7 preceding certificate year. A certificate applicant operating 9.8 for the first time shall pay the minimum fee. The fees are per 9.9 sales location as follows: 9.10 (1) gross sales up to $20,000, $150; 9.11 (2) gross sales over $20,000 up to $100,000, $175; 9.12 (3) gross sales over $100,000 up to $250,000, $300; 9.13 (4) gross sales over $250,000 up to $500,000, $425; 9.14 (5) gross sales over $500,000 up to $1,000,000, $550; 9.15 (6) gross sales over $1,000,000 up to $2,000,000, $675; and 9.16 (7) gross sales over $2,000,000, $800. 9.17 (b) In addition to the fees in paragraph (a), a penalty of 9.18 ten percent of the fee due must be charged for each month that 9.19 the fee is delinquent for any application for renewal not 9.20 received by January 1 of the year following expiration of a 9.21 certificate. 9.22 Subd. 4. [REINSPECTION; ADDITIONAL OR OPTIONAL INSPECTION 9.23 FEES.] If a reinspection is required or an additional inspection 9.24 is needed or requested, a fee shall be assessed based on mileage 9.25 and inspection time as follows: 9.26 (1) mileage must be charged at the current United States 9.27 Internal Revenue Service reimbursement rate; and 9.28 (2) inspection time must be charged at the rate of $50 per 9.29 hour, including the driving time to and from the location in 9.30 addition to the time spent conducting the inspection. 9.31 Sec. 14. Minnesota Statutes 2002, section 18.525, is 9.32 amended to read: 9.33 18.525 [EXEMPT NURSERY SALES.] 9.34 Subdivision 1. [NOT-FOR-PROFIT SALES.] An 9.35 organizationdoes not need to obtain a nursery stock dealer9.36certificate before offeringor individual may offer for sale 10.1 certified nursery stockfor sale or distribution if the10.2organization:10.3(1) is aand be exempt from the requirement to obtain a 10.4 nursery stock dealer certificate if sales are conducted by a 10.5 nonprofit charitable, educational, or religious organization;10.6(2)that: 10.7 (1) conducts sales or distributions of certified nursery 10.8 stock on 14 or fewer days in a calendar year; and 10.9(3)(2) uses the proceeds from its certified nursery stock 10.10 sales or distributions for charitable, educational, or religious 10.11 purposes. 10.12The organization must notify the commissioner, prior to any10.13sales or distributions of certified nursery stock and must10.14demonstrate to the commissioner, if requested, that such sales10.15or distributions will be conducted on 14 or fewer days in the10.16calendar year, as provided in clause (2).10.17 Subd. 2. [NURSERY HOBBYIST SALES.] (a) An organization or 10.18 individual may offer nursery stock for sale and be exempt from 10.19 the requirement to obtain a nursery stock dealer certificate if: 10.20 (1) the gross sales of all nursery stock sold in a calendar 10.21 year do not exceed $2,000; 10.22 (2) all nursery stock sold or distributed by the hobbyist 10.23 is intended for planting in Minnesota; and 10.24 (3) all nursery stock purchased or procured for resale or 10.25 distribution was grown in Minnesota and has been certified by 10.26 the commissioner of agriculture. 10.27 (b) The commissioner may prescribe the conditions of the 10.28 exempt nursery sales under this subdivision and may conduct 10.29 routine inspections of nursery stock offered for sale. 10.30 Sec. 15. [18.541] [NURSERY AND PHYTOSANITARY ACCOUNT.] 10.31 A nursery and phytosanitary account is established in the 10.32 state treasury. The fees and penalties collected under this 10.33 chapter and interest attributable to money in the account must 10.34 be deposited in the state treasury and credited to the nursery 10.35 and phytosanitary account in the agricultural fund. Money in 10.36 the account, including interest earned, is appropriated to the 11.1 commissioner for administration and enforcement of this chapter. 11.2 Sec. 16. [18.611] [EXPORT CERTIFICATION, INSPECTIONS, 11.3 CERTIFICATES, PERMITS, AND FEES.] 11.4 Subdivision 1. [DISPOSITION AND USE OF MONEY 11.5 RECEIVED.] All fees and penalties collected under this chapter 11.6 and interest attributable to the money in the account must be 11.7 deposited in the state treasury and credited to the nursery and 11.8 phytosanitary account in the agricultural fund. Money in the 11.9 account, including interest earned, is appropriated to the 11.10 commissioner for the administration and enforcement of this 11.11 chapter. 11.12 Subd. 2. [COOPERATIVE AGREEMENTS.] The commissioner may 11.13 enter into cooperative agreements with federal and state 11.14 agencies for administration of the export certification 11.15 program. An exporter of plants or plant products desiring to 11.16 originate shipments from Minnesota to a foreign country 11.17 requiring a phytosanitary certificate or export certificate must 11.18 submit an application to the commissioner. 11.19 Subd. 3. [PHYTOSANITARY AND EXPORT 11.20 CERTIFICATES.] Application for phytosanitary certificates or 11.21 export certificates must be made on forms provided or approved 11.22 by the commissioner. The commissioner shall conduct inspections 11.23 of plants, plant products, or facilities for persons that have 11.24 applied for or intend to apply for a phytosanitary certificate 11.25 or export certificate from the commissioner. Inspections must 11.26 include one or more of the following as requested or required: 11.27 (1) an inspection of the plants or plant products intended 11.28 for export under a phytosanitary certificate or export 11.29 certificate; 11.30 (2) field inspections of growing plants to determine 11.31 presence or absence of plant diseases, if necessary; 11.32 (3) laboratory diagnosis for presence or absence of plant 11.33 diseases, if necessary; 11.34 (4) observation and evaluation of procedures and facilities 11.35 utilized in handling plants and plant products, if necessary; 11.36 and 12.1 (5) review of United States Department of Agriculture, 12.2 Federal Grain Inspection Service Official Export Grain 12.3 Inspection Certificate logs. 12.4 The commissioner may issue a phytosanitary or export 12.5 certificate if the plants or plant products satisfactorily meet 12.6 the requirements of the importing foreign country and the United 12.7 States Department of Agriculture requirements. The requirements 12.8 of the destination countries must be met by the applicant. 12.9 Subd. 4. [CERTIFICATE FEES.] (a) The commissioner shall 12.10 assess the fees in paragraphs (b) to (f) for the inspection, 12.11 service, and work performed in carrying out the issuance of a 12.12 phytosanitary certificate or export certificate. The inspection 12.13 fee must be based on mileage and inspection time. 12.14 (b) Mileage charge: current United States Internal Revenue 12.15 Service mileage rate. 12.16 (c) Inspection time: $50 per hour minimum or fee necessary 12.17 to cover department costs. Inspection time includes the driving 12.18 time to and from the location in addition to the time spent 12.19 conducting the inspection. 12.20 (d) A fee shall be assessed for any certificate issued that 12.21 requires laboratory analysis before issuance. The fee must be 12.22 deposited into the laboratory account as authorized in section 12.23 17.85. 12.24 (e) Certificate fee for product value greater than $250: a 12.25 fee of $75 for each phytosanitary or export certificate issued 12.26 for any single shipment valued at more than $250 in addition to 12.27 any mileage or inspection time charges that are assessed. 12.28 (f) Certificate fee for product value less than $250: a 12.29 fee of $25 for each phytosanitary or export certificate issued 12.30 for any single shipment valued at less than $250 in addition to 12.31 any mileage or inspection time charges that are assessed. 12.32 Subd. 5. [CERTIFICATE DENIAL OR CANCELLATION.] The 12.33 commissioner may deny or cancel the issuance of a phytosanitary 12.34 or export certificate for any of the following reasons: 12.35 (1) failure of the plants or plant products to meet 12.36 quarantine, regulations, and requirements imposed by the country 13.1 for which the phytosanitary or export certificate is being 13.2 requested; 13.3 (2) failure to completely or accurately provide the 13.4 information requested on the application form; 13.5 (3) failure to ship the exact plants or plant products 13.6 which were inspected and approved; or 13.7 (4) failure to pay any fees or costs due the commissioner. 13.8 Subd. 6. [PLANT PROTECTION INSPECTIONS, CERTIFICATES, 13.9 PERMITS, AND FEES.] (a) The commissioner may provide inspection, 13.10 sampling, or certification services to ensure that Minnesota 13.11 plant products or commodities meet import requirements of other 13.12 states or countries. 13.13 (b) The state plant regulatory official may issue permits 13.14 and certificates verifying that various Minnesota agricultural 13.15 products or commodities meet specified phytosanitary 13.16 requirements, treatment requirements, or pest absence assurances 13.17 based on determinations by the commissioner. The commissioner 13.18 may collect fees sufficient to recover costs for these permits 13.19 or certificates. The fees must be deposited in the nursery and 13.20 phytosanitary account. 13.21 Sec. 17. [18.612] [CREDITING OF PENALTIES, FEES, AND 13.22 COSTS.] 13.23 Penalties, cost reimbursements, fees, and other money 13.24 collected under this chapter must be deposited into the state 13.25 treasury and credited to the appropriate nursery and 13.26 phytosanitary or seed account. 13.27 Sec. 18. Minnesota Statutes 2002, section 18.78, is 13.28 amended to read: 13.29 18.78 [CONTROL OR ERADICATION OF NOXIOUS WEEDS.] 13.30 Subdivision 1. [GENERALLY.]Except as provided in section13.3118.85,A person owning land, a person occupying land, or a 13.32 person responsible for the maintenance of public land shall 13.33 control or eradicate all noxious weeds on the land at a time and 13.34 in a manner ordered bythe commissioner,the county agricultural 13.35 inspector,or a local weed inspector. 13.36 Subd. 2. [CONTROL OF PURPLE LOOSESTRIFE.] An owner of 14.1 nonfederal lands underlying public waters or wetlands designated 14.2 under section 103G.201 is not required to control or eradicate 14.3 purple loosestrife below the ordinary high water level of the 14.4 public water or wetland. The commissioner of natural resources 14.5 is responsible for control and eradication of purple loosestrife 14.6 on public waters and wetlands designated under section 103G.201, 14.7 except those located upon lands owned in fee title or managed by 14.8 the United States. The officers, employees, agents, and 14.9 contractors of the commissioner of natural resources may enter 14.10 upon public waters and wetlands designated under section 14.11 103G.201 and, after providing notification to the occupant or 14.12 owner of the land, may cross adjacent lands as necessary for the 14.13 purpose of investigating purple loosestrife infestations, 14.14 formulating methods of eradication, and implementing control and 14.15 eradication of purple loosestrife. The commissioner, after14.16consultation with the commissioner of agriculture,of natural 14.17 resources shall, by June 1 of each year, compile a priority list 14.18 of purple loosestrife infestations to be controlled in 14.19 designated public waters. The commissioner ofagriculture14.20 natural resources must distribute the list to county 14.21 agricultural inspectors, local weed inspectors, and their 14.22 appointed agents. The commissioner of natural resources shall 14.23 control listed purple loosestrife infestations in priority order 14.24 within the limits of appropriations provided for that purpose. 14.25 This procedure shall be the exclusive means for control of 14.26 purple loosestrife on designated public waters by the 14.27 commissioner of natural resources and shall supersede the other 14.28 provisions for control of noxious weeds set forth elsewhere in 14.29 this chapter. The responsibility of the commissioner of natural 14.30 resources to control and eradicate purple loosestrife on public 14.31 waters and wetlands located on private lands and the authority 14.32 to enter upon private lands ends ten days after receipt by the 14.33 commissioner of a written statement from the landowner that the 14.34 landowner assumes all responsibility for control and eradication 14.35 of purple loosestrife under sections 18.78 to 18.88. State 14.36 officers, employees, agents, and contractors of the commissioner 15.1 of natural resources are not liable in a civil action for 15.2 trespass committed in the discharge of their duties under this 15.3 section and are not liable to anyone for damages, except for 15.4 damages arising from gross negligence. 15.5 Sec. 19. Minnesota Statutes 2002, section 18.79, 15.6 subdivision 2, is amended to read: 15.7 Subd. 2. [AUTHORIZED AGENTS.]The commissioner shall15.8authorize department of agriculture personnel and may authorize,15.9in writing,County agricultural inspectorsto act as agents in15.10the administration and enforcement ofmay administer and enforce 15.11 sections 18.76 to 18.88. 15.12 Sec. 20. Minnesota Statutes 2002, section 18.79, 15.13 subdivision 3, is amended to read: 15.14 Subd. 3. [ENTRY UPON LAND.] To administer and enforce 15.15 sections 18.76 to 18.88,the commissioner, authorized agents of15.16the commissioner,county agricultural inspectors,and local weed 15.17 inspectors may enter upon land without consent of the owner and 15.18 without being subject to an action for trespass or any damages. 15.19 Sec. 21. Minnesota Statutes 2002, section 18.79, 15.20 subdivision 5, is amended to read: 15.21 Subd. 5. [ORDER FOR CONTROL OR ERADICATION OF NOXIOUS 15.22 WEEDS.]The commissioner,A county agricultural inspector,or a 15.23 local weed inspector may order the control or eradication of 15.24 noxious weeds on any land within the state. 15.25 Sec. 22. Minnesota Statutes 2002, section 18.79, 15.26 subdivision 6, is amended to read: 15.27 Subd. 6. [EDUCATIONAL PROGRAMS FOR CONTROL OR ERADICATION 15.28 OF NOXIOUS WEEDS.]The commissioner shall conduct education15.29programs considered necessary for weed inspectors in the15.30enforcement of the Noxious Weed Law.The director of the 15.31 Minnesota extension service may conduct educational programs for 15.32 the general public that will aid compliance with the noxious 15.33 weed law. 15.34 Sec. 23. Minnesota Statutes 2002, section 18.79, 15.35 subdivision 9, is amended to read: 15.36 Subd. 9. [INJUNCTION.] If thecommissionercounty 16.1 agricultural inspector applies to a court for a temporary or 16.2 permanent injunction restraining a person from violating or 16.3 continuing to violate sections 18.76 to 18.88, the injunction 16.4 may be issued without requiring a bond. 16.5 Sec. 24. Minnesota Statutes 2002, section 18.79, 16.6 subdivision 10, is amended to read: 16.7 Subd. 10. [PROSECUTION.] On finding that a person has 16.8 violated sections 18.76 to 18.88, thecommissionercounty 16.9 agricultural inspector may start court proceedings in the 16.10 locality in which the violation occurred. The county attorney 16.11 may prosecute actions under sections 18.76 to 18.88 within the 16.12 county attorney's jurisdiction. 16.13 Sec. 25. Minnesota Statutes 2002, section 18.81, 16.14 subdivision 2, is amended to read: 16.15 Subd. 2. [LOCAL WEED INSPECTORS.] Local weed inspectors 16.16 shall: 16.17 (1) examine all lands, including highways, roads, alleys, 16.18 and public ground in the territory over which their jurisdiction 16.19 extends to ascertain if section 18.78 and related rules have 16.20 been complied with; 16.21 (2) see that the control or eradication of noxious weeds is 16.22 carried out in accordance with section 18.83 and related 16.23 rules; and 16.24 (3) issue permits in accordance with section 18.82 and 16.25 related rules for the transportation of materials or equipment 16.26 infested with noxious weed propagating parts; and16.27(4) submit reports and attend meetings that the16.28commissioner requires. 16.29 Sec. 26. Minnesota Statutes 2002, section 18.81, 16.30 subdivision 3, is amended to read: 16.31 Subd. 3. [NONPERFORMANCE BY INSPECTORS; REIMBURSEMENT FOR 16.32 EXPENSES.](a)If local weed inspectors neglect or fail to do 16.33 their duty as prescribed in this section, thecommissioner16.34 county agricultural inspector shall issue a notice to the 16.35 inspector providing instructions on how and when to do their 16.36 duty. If, after the time allowed in the notice, the local weed 17.1 inspector has not complied as directed, the county agricultural 17.2 inspector may perform the duty for the local weed inspector. A 17.3 claim for the expense of doing the local weed inspector's duty 17.4 is a legal charge against the municipality in which the 17.5 inspector has jurisdiction. The county agricultural inspector 17.6 doing the work may file an itemized statement of costs with the 17.7 clerk of the municipality in which the work was performed. The 17.8 municipality shall immediately issue proper warrants to the 17.9 county for the work performed. If the municipality fails to 17.10 issue the warrants, the county auditor may include the amount 17.11 contained in the itemized statement of costs as part of the next 17.12 annual tax levy in the municipality and withhold that amount 17.13 from the municipality in making its next apportionment. 17.14(b) If a county agricultural inspector fails to perform the17.15duties as prescribed in this section, the commissioner shall17.16issue a notice to the inspector providing instructions on how17.17and when to do that duty.17.18(c) The commissioner shall by rule establish procedures to17.19carry out the enforcement actions for nonperformance required by17.20this subdivision.17.21 Sec. 27. Minnesota Statutes 2002, section 18.84, 17.22 subdivision 3, is amended to read: 17.23 Subd. 3. [COURT APPEAL OF COSTS; PETITION.] (a) A 17.24 landowner who has appealed the cost of noxious weed control 17.25 measures under subdivision 2 may petition for judicial review. 17.26 The petition must be filed within 30 days after the conclusion 17.27 of the hearing before the county board. The petition must be 17.28 filed with the court administrator in the county in which the 17.29 land where the noxious weed control measures were undertaken is 17.30 located, together with proof of service of a copy of the 17.31 petition onthe commissioner andthe county auditor. No 17.32 responsive pleadings may be required ofthe commissioner or the17.33 county, and no court fees may be charged for the appearance of 17.34the commissioner orthe county in this matter. 17.35 (b) The petition must be captioned in the name of the 17.36 person making the petition as petitioner andthe commissioner of18.1agriculture andrespective county as respondents. The petition 18.2 must include the petitioner's name, the legal description of the 18.3 land involved, a copy of the notice to control noxious weeds, 18.4 and the date or dates on which appealed control measures were 18.5 undertaken. 18.6 (c) The petition must state with specificity the grounds 18.7 upon which the petitioner seeks to avoid the imposition of a 18.8 lien for the cost of noxious weed control measures. 18.9 Sec. 28. Minnesota Statutes 2002, section 18.86, is 18.10 amended to read: 18.11 18.86 [UNLAWFUL ACTS.] 18.12 No person may: 18.13 (1) hinder or obstruct in any way thecommissioner, the18.14commissioner's authorized agents,county agricultural 18.15 inspectors,or local weed inspectors in the performance of their 18.16 duties as provided in sections 18.76 to 18.88 or related rules; 18.17 (2) neglect, fail, or refuse to comply with section 18.82 18.18 or related rules in the transportation and use of material or 18.19 equipment infested with noxious weed propagating parts; 18.20 (3) sell material containing noxious weed propagating parts 18.21 to a person who does not have a permit to transport that 18.22 material or to a person who does not have a screenings permit 18.23 issued in accordance with section 21.74; or 18.24 (4) neglect, fail, or refuse to comply with a general 18.25 notice or an individual notice to control or eradicate noxious 18.26 weeds. 18.27 Sec. 29. Minnesota Statutes 2002, section 18B.26, 18.28 subdivision 3, is amended to read: 18.29 Subd. 3. [APPLICATION FEE.] (a) A registrant shall pay an 18.30 annual application fee for each pesticide to be registered, and 18.31 this fee is set at one-tenth of one percent for calendar year 18.32 1990, at one-fifth of one percent for calendar year 1991, and at 18.33 two-fifths of one percent for calendar year 1992 and thereafter 18.34 of annual gross sales within the state and annual gross sales of 18.35 pesticides used in the state, with a minimum nonrefundable fee 18.36 of $250. The registrant shall determine when and which 19.1 pesticides are sold or used in this state. The registrant shall 19.2 secure sufficient sales information of pesticides distributed 19.3 into this state from distributors and dealers, regardless of 19.4 distributor location, to make a determination. Sales of 19.5 pesticides in this state and sales of pesticides for use in this 19.6 state by out-of-state distributors are not exempt and must be 19.7 included in the registrant's annual report, as required under 19.8 paragraph (c), and fees shall be paid by the registrant based 19.9 upon those reported sales. Sales of pesticides in the state for 19.10 use outside of the state are exempt from the application fee in 19.11 this paragraph if the registrant properly documents the sale 19.12 location and distributors. A registrant paying more than the 19.13 minimum fee shall pay the balance due by March 1 based on the 19.14 gross sales of the pesticide by the registrant for the preceding 19.15 calendar year. The fee for disinfectants and sanitizers shall 19.16 be the minimum. The minimum fee is due by December 31 preceding 19.17 the year for which the application for registration is made.Of19.18the amount collected after calendar year 1990, at least $600,00019.19per fiscal year must be credited to the waste pesticide account19.20under section 18B.065, subdivision 5The commissioner shall 19.21 spend at least $300,000 per fiscal year from the pesticide 19.22 regulatory account for the purposes of the waste pesticide 19.23 collection program. 19.24 (b) An additional fee of $100 must be paid by the applicant 19.25 for each pesticide to be registered if the application is a 19.26 renewal application that is submitted after December 31. 19.27 (c) A registrant must annually report to the commissioner 19.28 the amount and type of each registered pesticide sold, offered 19.29 for sale, or otherwise distributed in the state. The report 19.30 shall be filed by March 1 for the previous year's registration. 19.31 The commissioner shall specify the form of the report and 19.32 require additional information deemed necessary to determine the 19.33 amount and type of pesticides annually distributed in the 19.34 state. The information required shall include the brand name, 19.35 amount, and formulation of each pesticide sold, offered for 19.36 sale, or otherwise distributed in the state, but the information 20.1 collected, if made public, shall be reported in a manner which 20.2 does not identify a specific brand name in the report. 20.3 Sec. 30. Minnesota Statutes 2002, section 21.89, 20.4 subdivision 2, is amended to read: 20.5 Subd. 2. [PERMITS; ISSUANCE AND REVOCATION.] (a) The 20.6 commissioner shall issue a permit to the initial labeler of 20.7 agricultural, vegetable,orflower, and wildflower seeds which 20.8 are sold for use in Minnesota and which conform to and are 20.9 labeled under sections 21.80 to 21.92. The categories of 20.10 permits are as follows: 20.11 (1) for initial labelers who sell 50,000 pounds or less of 20.12 agricultural seed each calendar year, an annual permit issued 20.13 for a fee established in section 21.891, subdivision 2, 20.14 paragraph (b); 20.15 (2) for initial labelers who sell vegetable, flower, and 20.16 wildflower seed packed for use in home gardens or household 20.17 plantings, an annual permit issued for a fee established in 20.18 section 21.891, subdivision 2, paragraph (c), based upon the 20.19 gross sales from the previous year; and 20.20 (3) for initial labelers who sell more than 50,000 pounds 20.21 of agricultural seed each calendar year, a permanent permit for 20.22 a fee established in section 21.891, subdivision 2, paragraph 20.23 (d). 20.24 (b) In addition, thepersonpermit holders shall furnish to 20.25 the commissioner an itemized statement of all seeds sold in 20.26 Minnesota for the periods established by the commissioner. This 20.27 statement shall be delivered, along with the payment of the fee, 20.28 based upon the amount and type of seed sold, to the commissioner 20.29 no later than 30 days after the end of each reporting period. 20.30 Any person holding a permit shall show as part of the analysis 20.31 labels or invoices on all agricultural, vegetable, 20.32 flower, wildflower, tree or shrub seeds all information the 20.33 commissioner requires. The commissioner may revoke any permit 20.34 in the event of failure to comply with applicable laws and rules. 20.35 Sec. 31. [21.891] [CHARGES UNDER MINNESOTA SEED LAW.] 20.36 Subdivision 1. [SAMPLING EXPORT SEED.] In accordance with 21.1 section 21.85, subdivision 13, the commissioner shall, if 21.2 requested, sample seed destined for export to other countries. 21.3 The fee for sampling export seed is an hourly rate published 21.4 annually by the commissioner and it shall be an amount 21.5 sufficient to recover the actual costs for the service provided. 21.6 Subd. 2. [SEED FEE PERMITS.] (a) An initial labeler who 21.7 wishes to sell seed in Minnesota must comply with section 21.89, 21.8 subdivisions 1 and 2, and the procedures in this subdivision. 21.9 Each initial labeler who wishes to sell seed in Minnesota must 21.10 apply to the commissioner to obtain a permit. The application 21.11 must contain the name and address of the applicant, the 21.12 application date, and the name and title of the applicant's 21.13 contact person. 21.14 (b) The application for a seed permit covered by section 21.15 21.89, subdivision 2, paragraph (a), clause (1), must be 21.16 accompanied by an application fee of $50. 21.17 (c) The application for a vegetable, flower, and wildflower 21.18 seed permit covered by section 21.89, subdivision 2, paragraph 21.19 (a), clause (2), must be accompanied by an application fee based 21.20 on the level of annual gross sales as follows: 21.21 (1) for gross sales of zero to $25,000, the annual permit 21.22 fee is $50; 21.23 (2) for gross sales of $25,001 to $50,000, the annual 21.24 permit fee is $100; 21.25 (3) for gross sales of $50,001 to $100,000, the annual 21.26 permit fee is $200; 21.27 (4) for gross sales of $100,001 to $250,000, the annual 21.28 permit fee is $500; 21.29 (5) for gross sales of $250,001 to $500,000, the annual 21.30 permit fee is $1,000; and 21.31 (6) for gross sales of $500,001 and above, the annual 21.32 permit fee is $2,000. 21.33 (d) The application for an agricultural seed permit covered 21.34 by section 21.89, subdivision 2, paragraph (a), clause (3), must 21.35 be accompanied by an application fee of $50. Initial labelers 21.36 holding seed fee permits covered under this paragraph need not 22.1 apply for a new permit or pay the application fee. Under this 22.2 permit category, the fees for the following kinds of 22.3 agricultural seed sold either in bulk or containers are: 22.4 (1) oats, wheat, barley: 6.3 cents per hundredweight; 22.5 (2) rye, field beans, soybeans, buckwheat, flax: 8.4 cents 22.6 per hundredweight; 22.7 (3) field corn: 29.4 cents per hundredweight; 22.8 (4) forage, lawn and turf grasses, legumes: 49 cents per 22.9 hundredweight; 22.10 (5) sunflower: $1.40 per hundredweight; 22.11 (6) sugar beet: $3.29 per hundredweight; and 22.12 (7) for any agricultural seed not listed in clauses (1) to 22.13 (6), the fee for the crop most closely resembling it in normal 22.14 planting rate applies. 22.15 (e) If, for reasons beyond the control and knowledge of the 22.16 initial labeler, seed is shipped into Minnesota by a person 22.17 other than the initial labeler, the responsibility for the seed 22.18 fees are transferred to the shipper. An application for a 22.19 transfer of this responsibility must be made to the 22.20 commissioner. Upon approval by the commissioner of the 22.21 transfer, the shipper is responsible for payment of the seed 22.22 permit fees. 22.23 (f) Seed permit fees may be included in the cost of the 22.24 seed either as a hidden cost or as a line item cost on each 22.25 invoice for seed sold. To identify the fee on an invoice, the 22.26 words, "Minnesota seed permit fees" must be used. 22.27 (g) All seed fee permit holders must file semiannual 22.28 reports with the commissioner, even if no seed was sold during 22.29 the reporting period. Each semiannual report must be submitted 22.30 within 30 days of the end of each reporting period. The 22.31 reporting periods are October 1 to March 31 and April 1 to 22.32 September 30 of each year or July 1 to December 31, and January 22.33 1 to June 30 of each year. Permit holders may change their 22.34 reporting periods with the approval of the commissioner. 22.35 (h) The holder of a seed fee permit must pay fees on all 22.36 seed for which the permit holder is the initial labeler and 23.1 which are covered by sections 21.80 to 21.92 and sold during the 23.2 reporting period. 23.3 (i) If a seed fee permit holder fails to submit a 23.4 semiannual report and pay the seed fee within 30 days after the 23.5 end of each reporting period, the commissioner shall assess a 23.6 penalty of $100 or eight percent, calculated on an annual basis, 23.7 of the fee due, whichever is greater, but no more than $500 for 23.8 each late semiannual report. A $15 penalty must be charged when 23.9 the semiannual report is late, even if no fee is due for the 23.10 reporting period. Seed fee permits may be revoked for failure 23.11 to comply with this subdivision or the Minnesota seed law. 23.12 Subd. 3. [HYBRID SEED CORN VARIETY REGISTRATION FEE.] In 23.13 accordance with section 21.90, subdivision 2, the fee for the 23.14 registration of each hybrid seed corn variety or blend is $50, 23.15 which must be paid at the time of registration. New hybrid seed 23.16 corn variety registrations received after March 1 and renewed 23.17 registrations of older varieties received after August 1 of each 23.18 year will have an annual registration fee of $75 per variety. 23.19 Subd. 4. [BRAND NAME REGISTRATION FEE.] The fee is $25 for 23.20 each variety registered for sale by brand name. 23.21 Sec. 32. Minnesota Statutes 2002, section 21.90, 23.22 subdivision 2, is amended to read: 23.23 Subd. 2. [FEES.] A record of each new hybrid seed field 23.24 corn variety to be sold in Minnesota shall be registered with 23.25 the commissioner byFebruaryMarch 1 of each year by the 23.26 originator or owner. Records of all other hybrid seed field 23.27 corn varieties sold in Minnesota shall be registered with the 23.28 commissioner by August 1 of each year by the originator or 23.29 owner. The commissioner shall establish the annual fee for 23.30 registration for each variety. The record shall include the 23.31 permanent designation of the hybrid as well as the day 23.32 classification and zone of adaptation, as determined under 23.33 subdivision 1, which the originator or owner declares to be the 23.34 zone in which the variety is adapted. In addition, at the time 23.35 of the first registration of a hybrid seed field corn variety, 23.36 the originator or owner shall include a sworn statement that the 24.1 declaration of the zone of adaptation was based on actual field 24.2 trials in that zone and that the field trials substantiate the 24.3 declaration as to the day and zone classifications to which the 24.4 variety is adapted. The name or number used to designate a 24.5 hybrid seed field corn variety in the registration is the only 24.6 name of all seed corn covered by or sold under that registration. 24.7 To assist in defraying the expenses of the Minnesota 24.8 agricultural experiment station in carrying out the provisions 24.9 of this section, there is transferred annually from the seed 24.10 inspection fund to the agricultural experiment station a sum 24.11 which shall equal 60 percent of the total revenue from all 24.12 hybrid seed field corn variety registrations. 24.13 Sec. 33. Minnesota Statutes 2002, section 21.901, is 24.14 amended to read: 24.15 21.901 [BRAND NAME REGISTRATION.] 24.16 The owner or originator of a variety of nonhybrid seed that 24.17 is to be sold in this state must annually register the variety 24.18 with the commissioner if the variety is to be sold only under a 24.19 brand name. The registration must include the brand name and 24.20 the variety of seed. The brand name for a blend or mixture need 24.21 not be registered. 24.22The fee is $15 for each variety registered for sale by24.23brand name.24.24 Sec. 34. Minnesota Statutes 2002, section 28A.08, 24.25 subdivision 3, is amended to read: 24.26 Subd. 3. [FEES EFFECTIVE JULY 1,19992003.] 24.27 Penalties 24.28 Type of food handler License Late No 24.29 Fee Renewal License 24.30 Effective 24.31 July 1, 24.32199924.33 2003 24.34 1. Retail food handler 24.35 (a) Having gross sales of only 24.36 prepackaged nonperishable food 25.1 of less than $15,000 for 25.2 the immediately previous 25.3 license or fiscal year and 25.4 filing a statement with the 25.5 commissioner$ 48$ 16$ 2725.6 $ 65 $ 21 $ 43 25.7 (b) Having under $15,000 gross 25.8 sales including food preparation 25.9 or having $15,000 to $50,000 25.10 gross sales for the immediately 25.11 previous license or fiscal year$ 65$ 16$ 2725.12 $ 88 $ 29 $ 58 25.13 (c) Having $50,000 to $250,000 25.14 gross sales for the immediately 25.15 previous license or fiscal year$126$ 37$ 8025.16 $170 $ 56 $112 25.17 (d) Having $250,000 to 25.18 $1,000,000 gross sales for the 25.19 immediately previous license or 25.20 fiscal year$216$ 54$10725.21 $292 $ 96 $193 25.22 (e) Having $1,000,000 to 25.23 $5,000,000 gross sales for the 25.24 immediately previous license or 25.25 fiscal year$601$107$18725.26 $812 $268 $536 25.27 (f) Having $5,000,000 to 25.28 $10,000,000 gross sales for the 25.29 immediately previous license or 25.30 fiscal year$842$161$32125.31 $1,137 $375 $750 25.32 (g) Having over $10,000,000 25.33 gross sales for the immediately 25.34 previous license or fiscal year$962$214$37525.35 $1,300 $429 $858 25.36 2. Wholesale food handler 26.1 (a) Having gross sales or 26.2 service of less than $25,000 26.3 for the immediately previous 26.4 license or fiscal year$ 54$ 16$ 1626.5 $ 73 $ 24 $ 48 26.6 (b) Having $25,000 to 26.7 $250,000 gross sales or 26.8 service for the immediately 26.9 previous license or fiscal year$241$ 54$10726.10 $326 $108 $215 26.11 (c) Having $250,000 to 26.12 $1,000,000 gross sales or 26.13 service from a mobile unit 26.14 without a separate food facility 26.15 for the immediately previous 26.16 license or fiscal year$361$ 80$16126.17 $488 $161 $322 26.18 (d) Having $250,000 to 26.19 $1,000,000 gross sales or 26.20 service not covered under 26.21 paragraph (c) for the immediately 26.22 previous license or fiscal year$480$107$21426.23 $648 $214 $428 26.24 (e) Having $1,000,000 to 26.25 $5,000,000 gross sales or 26.26 service for the immediately 26.27 previous license or fiscal year$601$134$26826.28 $812 $268 $536 26.29 (f) Having over $5,000,000 gross 26.30 sales for the immediately 26.31 previous license or fiscal year$692$161$32126.32 $935 $309 $617 26.33 3. Food broker$120$ 32$ 5426.34 $150 $ 50 $ 99 26.36 4. Wholesale food processor 27.1 or manufacturer 27.2 (a) Having gross sales of less 27.3 than $125,000 for the 27.4 immediately previous license 27.5 or fiscal year$161$ 54$10727.6 $217 $ 72 $143 27.7 (b) Having $125,000 to $250,000 27.8 gross sales for the immediately 27.9 previous license or fiscal year$332$ 80$16127.10 $448 $148 $296 27.12 (c) Having $250,001 to $1,000,000 27.13 gross sales for the immediately 27.14 previous license or fiscal year$480$107$21427.15 $648 $214 $428 27.16 (d) Having $1,000,001 to 27.17 5,000,000 gross sales for the 27.18 immediately previous license or 27.19 fiscal year$601$134$26827.20 $812 $268 $536 27.21 (e) Having $5,000,001 to 27.22 $10,000,000 gross sales for 27.23 the immediately previous 27.24 license or fiscal year$692$161$32127.25 $935 $309 $617 27.26 (f) Having over $10,000,000 27.27 gross sales for the immediately 27.28 previous license or fiscal year$963$214$37527.29 $1,301 $429 $859 27.30 5. Wholesale food processor of 27.31 meat or poultry products 27.32 under supervision of the 27.33 U. S. Department of Agriculture 27.34 (a) Having gross sales of less 27.35 than $125,000 for the 27.36 immediately previous license 28.1 or fiscal year$107$ 27$ 5428.2 $145 $ 48 $ 96 28.3 (b) Having $125,000 to 28.4 $250,000 gross sales for the 28.5 immediately previous license 28.6 or fiscal year$181$ 54$ 8028.7 $245 $ 81 $162 28.8 (c) Having $250,001 to 28.9 $1,000,000 gross sales for the 28.10 immediately previous license 28.11 or fiscal year$271$ 80$13428.12 $366 $121 $242 28.13 (d) Having $1,000,001 to 28.14 $5,000,000 gross sales 28.15 for the immediately previous 28.16 license or fiscal year$332$ 80$16128.17 $448 $148 $296 28.18 (e) Having $5,000,001 to 28.19 $10,000,000 gross sales for 28.20 the immediately previous 28.21 license or fiscal year$392$107$18728.22 $530 $175 $350 28.23 (f) Having over $10,000,000 28.24 gross sales for the immediately 28.25 previous license or fiscal year$535$161$26828.26 $723 $239 $477 28.27 6. Wholesale food processor or 28.28 manufacturer operating only at 28.29 the state fair $125 $ 40 $ 50 28.30 7. Wholesale food manufacturer 28.31 having the permission of the 28.32 commissioner to use the name 28.33 Minnesota Farmstead cheese $ 30 $ 10 $ 15 28.34 8. Nonresident frozen dairy 28.35 manufacturer $200 $ 50 $ 75 28.36 9. Wholesale food manufacturer 29.1 processing less than 700,000 29.2 pounds per year of raw milk $ 30 $ 10 $ 15 29.3 10. A milk marketing organization 29.4 without facilities for 29.5 processing or manufacturing 29.6 that purchases milk from milk 29.7 producers for delivery to a 29.8 licensed wholesale food 29.9 processor or manufacturer $ 50 $ 15 $ 25 29.10 Sec. 35. Minnesota Statutes 2002, section 28A.085, 29.11 subdivision 1, is amended to read: 29.12 Subdivision 1. [VIOLATIONS; PROHIBITED ACTS.] The 29.13 commissioner may charge a reinspection fee for each reinspection 29.14 of a food handler that: 29.15 (1) is found with a major violation of requirements in 29.16 chapter 28, 29, 30, 31, 31A, 32, 33, or 34, or rules adopted 29.17 under one of those chapters; 29.18 (2) is found with a violation of section 31.02, 31.161, or 29.19 31.165, and requires a follow-up inspection after an 29.20 administrative meeting held pursuant to section 31.14; or 29.21 (3) fails to correct equipment and facility deficiencies as 29.22 required in rules adopted under chapter 28, 29, 30, 31, 31A, 32, 29.23 or 34. The first reinspection of a firm with gross food sales 29.24 under $1,000,000 must be assessed at$25$75. The fee for a 29.25 firm with gross food sales over $1,000,000 is$50$100. The fee 29.26 for a subsequent reinspection of a firm for the same violation 29.27 is 50 percent of their current license fee or $200, whichever is 29.28 greater. The establishment must be issued written notice of 29.29 violations with a reasonable date for compliance listed on the 29.30 notice. An initial inspection relating to a complaint is not a 29.31 reinspection. 29.32 Sec. 36. Minnesota Statutes 2002, section 28A.09, 29.33 subdivision 1, is amended to read: 29.34 Subdivision 1. [ANNUAL FEE; EXCEPTIONS.] Every 29.35 coin-operated food vending machine is subject to an annual state 29.36 inspection fee of$15$25 for each nonexempt machine except nut 30.1 vending machines which are subject to an annual state inspection 30.2 fee of$5$10 for each machine, provided that: 30.3 (a) Food vending machines may be inspected by either a home 30.4 rule charter or statutory city, or a county, but not both, and 30.5 if inspected by a home rule charter or statutory city, or a 30.6 county they shall not be subject to the state inspection fee, 30.7 but the home rule charter or statutory city, or the county may 30.8 impose an inspection or license fee of no more than the state 30.9 inspection fee. A home rule charter or statutory city or county 30.10 that does not inspect food vending machines shall not impose a 30.11 food vending machine inspection or license fee. 30.12 (b) Vending machines dispensing only gum balls, hard candy, 30.13 unsorted candy, or ice manufactured and packaged by another 30.14 shall be exempt from the state inspection fee, but may be 30.15 inspected by the state. A home rule charter or statutory city 30.16 may impose by ordinance an inspection or license fee of no more 30.17 than the state inspection fee for nonexempt machines on the 30.18 vending machines described in this paragraph. A county may 30.19 impose by ordinance an inspection or license fee of no more than 30.20 the state inspection fee for nonexempt machines on the vending 30.21 machines described in this paragraph which are not located in a 30.22 home rule charter or statutory city. 30.23 (c) Vending machines dispensing only bottled or canned soft 30.24 drinks are exempt from the state, home rule charter or statutory 30.25 city, and county inspection fees, but may be inspected by the 30.26 commissioner or the commissioner's designee. 30.27 Sec. 37. Minnesota Statutes 2002, section 32.394, 30.28 subdivision 8, is amended to read: 30.29 Subd. 8. [GRADE A INSPECTION FEES.] A processor or 30.30 marketing organization of milk, milk products, sheep milk, or 30.31 goat milk who wishes to market Grade A milk or use the Grade A 30.32 label must apply for Grade A inspection service from the 30.33 commissioner. A pasteurization plant requesting Grade A 30.34 inspection service must hold a Grade A permit and pay an annual 30.35 inspection fee of no more than $500. For Grade A farm 30.36 inspection service, the fee must be no more than $50 per farm, 31.1 paid annually by the processor or by the marketing organization 31.2 on behalf of its patrons. For a farm requiring a reinspection 31.3 in addition to the required biannual inspections, an additional 31.4 fee ofno more than $25$45 per reinspection must be paid by the 31.5 processor or by the marketing organization on behalf of its 31.6 patrons.The Grade A farm inspection fee must not exceed the31.7lesser of (1) 40 percent of the department's actual average cost31.8per farm inspection or reinspection; or (2) the dollar limits31.9set in this subdivision. No fee increase may be implemented31.10until after the commissioner has held three or more public31.11hearings.31.12 Sec. 38. Minnesota Statutes 2002, section 32.394, 31.13 subdivision 8b, is amended to read: 31.14 Subd. 8b. [MANUFACTURING GRADE FARM CERTIFICATION.] A 31.15 processor or marketing organization of milk, milk products, 31.16 sheep milk, or goat milk who wishes to market other than Grade A 31.17 milk must apply for a manufacturing grade farm certification 31.18 inspection from the commissioner. A manufacturing plant that 31.19 pasteurizes milk or milk by-products must pay an annual fee 31.20 based on the number of pasteurization units. This fee must not 31.21 exceed $140 per unit. The fee for farm certification inspection 31.22 must not be more than $25 per farm to be paid annually by the 31.23 processor or by the marketing organization on behalf of its 31.24 patrons. For a farm requiring more than the one inspection for 31.25 certification, a reinspection fee ofno more than $25$45 must 31.26 be paid by the processor or by the marketing organization on 31.27 behalf of its patrons.The fee must be set by the commissioner31.28in an amount necessary to cover 40 percent of the department's31.29actual cost of providing the annual inspection but must not31.30exceed the limits in this subdivision. No fee increase may be31.31implemented until after the commissioner has held three or more31.32public hearings.31.33 Sec. 39. Minnesota Statutes 2002, section 32.394, 31.34 subdivision 8d, is amended to read: 31.35 Subd. 8d. [PROCESSOR ASSESSMENT.] (a) A manufacturer shall 31.36 pay to the commissioner a fee for fluid milk processed and milk 32.1 used in the manufacture of fluid milk products sold for retail 32.2 sale in Minnesota. Beginning May 1, 1993, the fee is six cents32.3per hundredweight. If the commissioner determines that a32.4different fee,in an amount not less than five cents and not 32.5 more than nine cents per hundredweight, when combined with32.6general fund appropriations and fees charged under sections32.731.39 and 32.394, subdivision 8, is needed to provide adequate32.8funding for the Grades A and B inspection programs and the32.9administration and enforcement of Laws 1993, chapter 65, the32.10commissioner may, by rule, change the fee on processors within32.11the range provided within this subdivisionas set by the 32.12 commissioner's order except that beginning July 1, 2003, the fee 32.13 is set at seven cents per hundredweight and thereafter no change 32.14 within any 12-month period may be in excess of one cent per 32.15 hundredweight. 32.16 (b) Processors must report quantities of milk processed 32.17 under paragraph (a) on forms provided by the commissioner. 32.18 Processor fees must be paid monthly. The commissioner may 32.19 require the production of records as necessary to determine 32.20 compliance with this subdivision. 32.21 (c) The commissioner may create within the department a 32.22 dairy consulting program to provide assistance to dairy 32.23 producers who are experiencing problems meeting the sanitation 32.24 and quality requirements of the dairy laws and rules. 32.25 The commissioner may use money appropriated from the dairy 32.26 services account created in subdivision 9 to pay for the program 32.27 authorized in this paragraph. 32.28 Sec. 40. Minnesota Statutes 2002, section 35.155, is 32.29 amended to read: 32.30 35.155 [CERVIDAE IMPORT RESTRICTIONS.] 32.31(a)A person must not import cervidae into the state from a 32.32 herd that is infected or exposed to chronic wasting disease or 32.33 from a known chronic wasting disease endemic area, as determined 32.34 by the board. A person may import cervidae into the state only 32.35 from a herd that is not in a known chronic wasting disease 32.36 endemic area, as determined by the board, and the herd has been 33.1 subject to a state or provincial approved chronic wasting 33.2 disease monitoring program for at least three years. Cervidae 33.3 imported in violation of this section may be seized and 33.4 destroyed by the commissioner of natural resources. 33.5(b) This section expires on June 1, 2003.33.6 [EFFECTIVE DATE.] This section is effective the day 33.7 following final enactment. 33.8 Sec. 41. Minnesota Statutes 2002, section 41A.09, 33.9 subdivision 1, is amended to read: 33.10 Subdivision 1. [APPROPRIATION.]A sum sufficient to make33.11the payments required by this section$35,000,000 is annually 33.12 appropriated from the general fund to the commissioner of 33.13 agricultureand all money so appropriated is available until33.14expendedfor purposes of developing ethanol production in 33.15 Minnesota. 33.16 Sec. 42. Minnesota Statutes 2002, section 41A.09, 33.17 subdivision 2a, is amended to read: 33.18 Subd. 2a. [DEFINITIONS.] For the purposes of this section, 33.19 the terms defined in this subdivision have the meanings given 33.20 them. 33.21 (a) "Ethanol" means fermentation ethyl alcohol derived from 33.22 agricultural products, including potatoes, cereal,grains, 33.23 cheese whey, and sugar beets; forest products; or other 33.24 renewable resources, including residue and waste generated from 33.25 the production, processing, and marketing of agricultural 33.26 products, forest products, and other renewable resources, that: 33.27 (1) meets all of the specifications in ASTM specification D 33.28 4806-88; and 33.29 (2) is denatured as specified in Code of Federal 33.30 Regulations, title 27, parts 20 and 21. 33.31 (b)"Wet alcohol" means agriculturally derived fermentation33.32ethyl alcohol having a purity of at least 50 percent but less33.33than 99 percent.33.34(c) "Anhydrous alcohol" means fermentation ethyl alcohol33.35derived from agricultural products as described in paragraph33.36(a), but that does not meet ASTM specifications or is not34.1denatured and is shipped in bond for further processing.34.2(d)"Ethanol plant" means a plant at which ethanol,34.3anhydrous alcohol, or wet alcoholis produced. 34.4 (c) "Commissioner" means the commissioner of agriculture. 34.5 Sec. 43. Minnesota Statutes 2002, section 41A.09, 34.6 subdivision 3a, is amended to read: 34.7 Subd. 3a. [ETHANOL PRODUCER PAYMENTS.] (a) The 34.8 commissionerof agricultureshall make cash payments to 34.9 producers of ethanol, anhydrous alcohol, and wet alcohollocated 34.10 in the state. These payments shall apply only to ethanol,34.11anhydrous alcohol, and wet alcohol fermented in the state and34.12produced at plantsthat have begun production by June 30, 2000. 34.13 For the purpose of this subdivision, an entity that holds a 34.14 controlling interest in more than one ethanol plant is 34.15 considered a single producer. The amount of the payment for 34.16 each producer's annual production,is:34.17(1)except as provided in paragraph(b)(c), is 20 cents 34.18 per gallon for each gallon of ethanolor anhydrous alcohol34.19 produced on or before June 30, 2000, or ten years after the 34.20 start of production, whichever is later, 19 cents per gallon;34.21and34.22(2) for each gallon produced of wet alcohol on or before34.23June 30, 2000, or ten years after the start of production,34.24whichever is later, a payment in cents per gallon calculated by34.25the formula "alcohol purity in percent divided by five," and34.26rounded to the nearest cent per gallon, but not less than 1134.27cents per gallon.34.28The producer payments for anhydrous alcohol and wet alcohol34.29under this section may be paid to either the original producer34.30of anhydrous alcohol or wet alcohol or the secondary processor,34.31at the option of the original producer, but not to both. 34.32 The first claim for production after June 30, 2003, must be 34.33 accompanied by a disclosure statement on a form provided by the 34.34 commissioner. The disclosure statement must include a detailed 34.35 description of the organization of the business structure of the 34.36 claimant listing the percentages of ownership by any person or 35.1 other entity with an ownership interest of five percent or 35.2 greater, the distribution of income received by the claimant, 35.3 including operating income and payments under this subdivision, 35.4 and any other relevant financial information requested by the 35.5 commissioner. The disclosure statement must include information 35.6 sufficient to demonstrate that a majority of the ultimate 35.7 beneficial interest in the entity receiving payments under this 35.8 section is owned by farmers or spouses of farmers, as defined in 35.9 section 500.24, residing in Minnesota. Subsequent quarterly 35.10 claims must report changes in ownership. Payments must not be 35.11 made to a claimant that has less than a majority of Minnesota 35.12 farmer control; provided, however, a claimant located in a city 35.13 of the first class which qualifies for payments in all other 35.14 respects is not subject to this condition. Information provided 35.15 under this paragraph is nonpublic data under section 13.02, 35.16 subdivision 9. 35.17 (b) No payments shall be made for ethanol production that 35.18 occurs after June 30, 2010. Nonetheless, catch-up payments may 35.19 be made either before or after June 30, 2010, for production 35.20 prior to June 30, 2010, if payments in the earlier quarters were 35.21 reduced because appropriated money was insufficient to make 35.22 timely payments in the amount provided in paragraph (a) to all 35.23 eligible producers. To assure that each ethanol producer 35.24 receives the full amount of ethanol producer payments to which 35.25 the producer is entitled by reason of promises made by the state 35.26 in return for equity investment in ethanol production 35.27 facilities, the commissioner shall calculate for each producer a 35.28 value to be known as the "obligated balance." The obligated 35.29 balance represents the total dollar value, as of July 1, 2003, 35.30 that is or will be owed to each Minnesota ethanol producer for 35.31 ethanol produced by eligible capacity during all eligible 35.32 quarters at a payment rate of 20 cents per gallon. The 35.33 obligated balance is a unique number for each producer and is 35.34 reduced on a dollar-for-dollar basis as payments are made to 35.35 that producer. Ethanol producer payments from the state must 35.36 continue until the obligated balance for each producer is 36.1 reduced to zero. 36.2(b)(c) If the level of production at an ethanol plant 36.3 increases due to an increase in the production capacity of the 36.4 plant, the payment under paragraph (a), clause (1),applies to 36.5 the additional increment of production until ten years after the 36.6 increased production began. Once a plant's production capacity 36.7 reaches 15,000,000 gallons per year, no additional increment 36.8 will qualify for the payment. 36.9(c)(d) The commissioner shall make payments to producers 36.10 of ethanolor wet alcoholin the amount of 1.5 cents for each 36.11 kilowatt hour of electricity generated using closed-loop biomass 36.12 in a cogeneration facility at an ethanol plant located in the 36.13 state. Payments under this paragraph shall be made only for 36.14 electricity generated at cogeneration facilities that begin 36.15 operation by June 30, 2000. The payments apply to electricity 36.16 generated on or before the date ten years after the producer 36.17 first qualifies for payment under this paragraph. Total 36.18 payments under this paragraph in any fiscal year may not exceed 36.19 $750,000. For the purposes of this paragraph: 36.20 (1) "closed-loop biomass" means any organic material from a 36.21 plant that is planted for the purpose of being used to generate 36.22 electricity or for multiple purposes that include being used to 36.23 generate electricity; and 36.24 (2) "cogeneration" means the combined generation of: 36.25 (i) electrical or mechanical power; and 36.26 (ii) steam or forms of useful energy, such as heat, that 36.27 are used for industrial, commercial, heating, or cooling 36.28 purposes. 36.29(d)(e) Payments under paragraphs (a) and(b)(c) to all 36.30 producers may not exceed $35,150,000 in a fiscal year. Total 36.31 payments under paragraphs (a) and(b)(c) to a producer in a 36.32 fiscal year may not exceed$2,850,000$3,000,000. 36.33(e)(f) By the last day of October, January, April, and 36.34 July, each producer shall file a claim for payment for ethanol,36.35anhydrous alcohol, and wet alcoholproduction during the 36.36 preceding three calendar months.A producer with more than one37.1plant shall file a separate claim for each plant.A producer 37.2 that files a claim under this subdivision shall include a 37.3 statement of the producer's total ethanol, anhydrous alcohol,37.4and wet alcoholproduction in Minnesota during the quarter 37.5 covered by the claim, including anhydrous alcohol and wet37.6alcoholproduced or received from an outside source. A producer 37.7 shall file a separate claim for any amount claimed under 37.8 paragraph(c)(d). For each claim and statement of total 37.9 ethanol, anhydrous alcohol, and wet alcoholproduction filed 37.10 under this subdivision, the volume of ethanol, anhydrous37.11alcohol, and wet alcoholproduction or amounts of electricity 37.12 generated using closed-loop biomass must be examined by an 37.13 independent certified public accountant in accordance with 37.14 standards established by the American Institute of Certified 37.15 Public Accountants. 37.16(f)(g) Payments shall be made November 15, February 15, 37.17 May 15, and August 15. A separate payment shall be made for 37.18 each claim filed. Except as provided in paragraph (j), the 37.19 total quarterly payment to a producer under this paragraph, 37.20 excluding amounts paid under paragraph(c)(d), may not exceed 37.21 $750,000. 37.22(g) If the total amount for which all producers are37.23eligible in a quarter under paragraph (c) exceeds the amount37.24available for payments, the commissioner shall make payments in37.25the order in which the plants covered by the claims began37.26generating electricity using closed-loop biomass.37.27 (h) After July 1, 1997, new production capacity is only 37.28 eligible for payment under this subdivision if the commissioner 37.29 receives: 37.30 (1) an application for approval of the new production 37.31 capacity; 37.32 (2) an appropriate letter of long-term financial commitment 37.33 for construction of the new production capacity; and 37.34 (3) copies of all necessary permits for construction of the 37.35 new production capacity. 37.36 The commissioner may approve new production capacity based 38.1 on the order in which the applications are received. 38.2 (i) The commissioner may not approve any new production 38.3 capacity after July 1, 1998, except that a producer with an 38.4 approved production capacity of at least 12,000,000 gallons per 38.5 year but less than 15,000,000 gallons per year prior to July 1, 38.6 1998, is approved for 15,000,000 gallons of production capacity. 38.7 (j) Notwithstanding the quarterly payment limits of 38.8 paragraph(f)(g), the commissioner shall make an additional 38.9 payment in the eighth quarter of each fiscal biennium to ethanol 38.10 producers for the lesser of: (1)1920 cents per gallon of 38.11 production in the eighth quarter of the biennium that is greater 38.12 than 3,750,000 gallons; or (2) the total amount of payments lost 38.13 during the first seven quarters of the biennium due to plant 38.14 outages, repair, or major maintenance. Total payments to an 38.15 ethanol producer in a fiscal biennium, including any payment 38.16 under this paragraph, must not exceed the total amount the 38.17 producer is eligible to receive based on the producer's approved 38.18 production capacity. The provisions of this paragraph apply 38.19 only to production losses that occur in quarters beginning after 38.20 December 31, 1999. 38.21 (k) For the purposes of this subdivision "new production 38.22 capacity" means annual ethanol production capacity that was not 38.23 allowed under a permit issued by the pollution control agency 38.24 prior to July 1, 1997, or for which construction did not begin 38.25 prior to July 1, 1997. 38.26 Sec. 44. Minnesota Statutes 2002, section 41A.09, is 38.27 amended by adding a subdivision to read: 38.28 Subd. 3b. [LIMITATION ON ELIGIBILITY FOR PAYMENTS.] A 38.29 producer of ethanol is eligible for ethanol producer payments 38.30 under subdivision 3a only while the producer is in compliance 38.31 with the shareholder rights provisions of subdivision 3c. 38.32 Sec. 45. Minnesota Statutes 2002, section 41A.09, is 38.33 amended by adding a subdivision to read: 38.34 Subd. 3c. [BUSINESS ASSOCIATIONS PRODUCING ETHANOL; 38.35 SHAREHOLDER RIGHTS.] (a) A business association organized under 38.36 chapter 302A, 308A, or 322B that receives 25 percent or more of 39.1 its gross revenues from the sale of fuel-grade ethanol must 39.2 comply with this subdivision in addition to other applicable 39.3 state and federal laws. 39.4 (b) The provisions of the chapter of Minnesota Statutes 39.5 under which the business organization is established and any 39.6 amendments or successor requirements to that chapter apply to 39.7 every business association identified in paragraph (a). The 39.8 rights granted in this subdivision also apply to the spouse of 39.9 the shareholder. In addition to other requirements of law, a 39.10 business association must maintain records of all proceedings of 39.11 meetings of shareholders and directors during the previous 39.12 three-year period, including the vote of each director on roll 39.13 call votes. Roll call votes are required on actions that 39.14 directly establish marketing agreements, operational contracts, 39.15 and shareholder dividend payments. Roll call voting is also 39.16 required on any matter upon the request of one or more 39.17 directors. Every duly elected director of a business 39.18 association identified in paragraph (a) has the right to 39.19 inspect, in person and at any reasonable time, the business 39.20 records required by this paragraph. 39.21 (c) Meetings of the board of directors must be open to the 39.22 shareholders of the business and the shareholders' spouses. 39.23 Shareholders must be given notice of all scheduled meetings 39.24 except those of an emergency nature. Portions of meetings 39.25 relating to labor negotiations, current litigation, and 39.26 personnel matters are excluded from the provisions of this 39.27 paragraph. 39.28 (d) Notwithstanding the provisions of other law, upon 39.29 receipt of a written petition concerning governance matters 39.30 signed by at least 50 shareholders or five percent of the 39.31 shareholders, whichever is less, of a business association, the 39.32 matter in the petition must be presented to the shareholders for 39.33 a vote at the next annual or special meeting. A shareholder 39.34 wishing to have a matter heard at an annual or special meeting 39.35 must submit the petition to the business association not less 39.36 than 60 days prior to the scheduled annual meeting or special 40.1 meeting. For purposes of this subdivision, "governance matters" 40.2 means matters properly contained in the articles of 40.3 incorporation or bylaws by adopting, amending, or repealing 40.4 bylaws or the articles of incorporation. 40.5 (e) If the directors of a business association provide 40.6 information to shareholders to influence their votes on a matter 40.7 to be decided by a vote of the shareholders under a successful 40.8 petition submitted under paragraph (d), the directors must 40.9 provide the organizers of the petition or person presenting the 40.10 petition equal time and opportunity to include their position on 40.11 the matter to the shareholders in a substantially similar mode 40.12 and range of distribution. The organizers of the petition must 40.13 pay the costs of inclusion of their position. 40.14 (f) A business association subject to this subdivision must 40.15 include in its bylaws a provision allowing each duly elected 40.16 board member access to each current ethanol marketing contract 40.17 or operating contract entered into by the business association 40.18 and transactions conducted under the marketing contract. 40.19 Further, the bylaws must provide that each current ethanol 40.20 marketing or operating contract, and all ethanol marketing and 40.21 operating contracts in effect during the previous two years, and 40.22 transactions conducted under the marketing contracts, be made 40.23 available for examination by the commissioner of agriculture or 40.24 the commissioner's designated representative. Marketing and 40.25 operating information examined by the commissioner or the 40.26 commissioner's designated representative is nonpublic data under 40.27 section 13.02, subdivision 9. 40.28 (g) A business association subject to this subdivision that 40.29 is organized after the effective date of this section must 40.30 include the provisions of this section in its bylaws or articles 40.31 of incorporation. A business association in existence prior to 40.32 the effective date of this subdivision must adopt amendments to 40.33 its bylaws or articles of incorporation in compliance with these 40.34 provisions not later than 12 months after the effective date. 40.35 Sec. 46. Minnesota Statutes 2002, section 116.07, 40.36 subdivision 7a, is amended to read: 41.1 Subd. 7a. [NOTICE OF APPLICATION FOR LIVESTOCK FEEDLOT 41.2 PERMIT.] (a) A person who applies to the pollution control 41.3 agency or a county board for a permit to construct or expand a 41.4 feedlot with a capacity of 500 animal units or more shall, 41.5 notlaterless than ten business daysafter the application is41.6submittedbefore the date on which a permit is issued, provide 41.7 notice to each resident and each owner of real property within 41.8 5,000 feet of the perimeter of the proposed feedlot. The notice 41.9 may be delivered by first class mail, in person, or by the 41.10 publication in a newspaper of general circulation within the 41.11 affected area and must include information on the type of 41.12 livestock and the proposed capacity of the feedlot. 41.13 Notification under this subdivision is satisfied under an equal 41.14 or greater notification requirement of a county conditional use 41.15 permit. 41.16 (b) The agency or a county board must verify that notice 41.17 was provided as required under paragraph (a) prior to issuing a 41.18 permit. 41.19 Sec. 47. Minnesota Statutes 2002, section 116D.04, 41.20 subdivision 2a, is amended to read: 41.21 Subd. 2a. Where there is potential for significant 41.22 environmental effects resulting from any major governmental 41.23 action, the action shall be preceded by a detailed environmental 41.24 impact statement prepared by the responsible governmental unit. 41.25 The environmental impact statement shall be an analytical rather 41.26 than an encyclopedic document which describes the proposed 41.27 action in detail, analyzes its significant environmental 41.28 impacts, discusses appropriate alternatives to the proposed 41.29 action and their impacts, and explores methods by which adverse 41.30 environmental impacts of an action could be mitigated. The 41.31 environmental impact statement shall also analyze those 41.32 economic, employment and sociological effects that cannot be 41.33 avoided should the action be implemented. To ensure its use in 41.34 the decision making process, the environmental impact statement 41.35 shall be prepared as early as practical in the formulation of an 41.36 action. 42.1 (a) The board shall by rule establish categories of actions 42.2 for which environmental impact statements and for which 42.3 environmental assessment worksheets shall be prepared as well as 42.4 categories of actions for which no environmental review is 42.5 required under this section. 42.6 (b) The responsible governmental unit shall promptly 42.7 publish notice of the completion of an environmental assessment 42.8 worksheet in a manner to be determined by the board and shall 42.9 provide copies of the environmental assessment worksheet to the 42.10 board and its member agencies. Comments on the need for an 42.11 environmental impact statement may be submitted to the 42.12 responsible governmental unit during a 30 day period following 42.13 publication of the notice that an environmental assessment 42.14 worksheet has been completed. The responsible governmental 42.15 unit's decision on the need for an environmental impact 42.16 statement shall be based on the environmental assessment 42.17 worksheet and the comments received during the comment period, 42.18 and shall be made within 15 days after the close of the comment 42.19 period. The board's chair may extend the 15 day period by not 42.20 more than 15 additional days upon the request of the responsible 42.21 governmental unit. 42.22 (c) An environmental assessment worksheet shall also be 42.23 prepared for a proposed action whenever material evidence 42.24 accompanying a petition by not less than 25 individuals, 42.25 submitted before the proposed project has received final 42.26 approval by the appropriate governmental units, demonstrates 42.27 that, because of the nature or location of a proposed action, 42.28 there may be potential for significant environmental effects. 42.29 Petitions requesting the preparation of an environmental 42.30 assessment worksheet shall be submitted to the board. The chair 42.31 of the board shall determine the appropriate responsible 42.32 governmental unit and forward the petition to it. A decision on 42.33 the need for an environmental assessment worksheet shall be made 42.34 by the responsible governmental unit within 15 days after the 42.35 petition is received by the responsible governmental unit. The 42.36 board's chair may extend the 15 day period by not more than 15 43.1 additional days upon request of the responsible governmental 43.2 unit. Except in an environmentally sensitive location where 43.3 Minnesota Rules, part 4410.4300, subpart 29, item B, applies, 43.4 the proposed action is exempt from Minnesota Rules, parts 43.5 4410.0200 to 4410.6500, if: 43.6 (1) it is: 43.7 (i) an animal feedlot facility with a capacity of less than 43.8 1,000 animal units; or 43.9 (ii) an expansion of an existing animal feedlot facility by 43.10 less than 1,000 animal units; and 43.11 (2) the application for the animal feedlot facility 43.12 includes a written commitment by the proposer to design, 43.13 construct, and operate the facility in full compliance with 43.14 Minnesota Rules, chapter 7020. 43.15 (d) The board may, prior to final approval of a proposed 43.16 project, require preparation of an environmental assessment 43.17 worksheet by a responsible governmental unit selected by the 43.18 board for any action where environmental review under this 43.19 section has not been specifically provided for by rule or 43.20 otherwise initiated. 43.21 (e) An early and open process shall be utilized to limit 43.22 the scope of the environmental impact statement to a discussion 43.23 of those impacts, which, because of the nature or location of 43.24 the project, have the potential for significant environmental 43.25 effects. The same process shall be utilized to determine the 43.26 form, content and level of detail of the statement as well as 43.27 the alternatives which are appropriate for consideration in the 43.28 statement. In addition, the permits which will be required for 43.29 the proposed action shall be identified during the scoping 43.30 process. Further, the process shall identify those permits for 43.31 which information will be developed concurrently with the 43.32 environmental impact statement. The board shall provide in its 43.33 rules for the expeditious completion of the scoping process. 43.34 The determinations reached in the process shall be incorporated 43.35 into the order requiring the preparation of an environmental 43.36 impact statement. 44.1 (f) Whenever practical, information needed by a 44.2 governmental unit for making final decisions on permits or other 44.3 actions required for a proposed project shall be developed in 44.4 conjunction with the preparation of an environmental impact 44.5 statement. 44.6 (g) An environmental impact statement shall be prepared and 44.7 its adequacy determined within 280 days after notice of its 44.8 preparation unless the time is extended by consent of the 44.9 parties or by the governor for good cause. The responsible 44.10 governmental unit shall determine the adequacy of an 44.11 environmental impact statement, unless within 60 days after 44.12 notice is published that an environmental impact statement will 44.13 be prepared, the board chooses to determine the adequacy of an 44.14 environmental impact statement. If an environmental impact 44.15 statement is found to be inadequate, the responsible 44.16 governmental unit shall have 60 days to prepare an adequate 44.17 environmental impact statement. 44.18 Sec. 48. Minnesota Statutes 2002, section 116D.04, 44.19 subdivision 10, is amended to read: 44.20 Subd. 10. Decisions on the need for an environmental 44.21 assessment worksheet, the need for an environmental impact 44.22 statement and the adequacy of an environmental impact statement 44.23 may be reviewed by a declaratory judgment action in thedistrict44.24 court ofthe county wherein the proposed action, or any part44.25thereof, would be undertakenappeals brought by any person 44.26 aggrieved by the decision. Judicial review under this section 44.27 shall be initiated within 30 days after the governmental unit 44.28 makes the decision, and a bond may be required under section 44.29 562.02 unless at the time of hearing on the application for the 44.30 bond the plaintiff has shown that the claim has sufficient 44.31 possibility of success on the merits to sustain the burden 44.32 required for the issuance of a temporary restraining order. 44.33 Nothing in this section shall be construed to alter the 44.34 requirements for a temporary restraining order or a preliminary 44.35 injunction pursuant to the Minnesota rules of civil procedure 44.36 for district courts. The board may initiate judicial review of 45.1 decisions referred to herein and may intervene as of right in 45.2 any proceeding brought under this subdivision. 45.3 Sec. 49. Minnesota Statutes 2002, section 116D.04, 45.4 subdivision 11, is amended to read: 45.5 Subd. 11. If the board or governmental unit which is 45.6 required to act within a time period specified in this section 45.7 fails to so act, any person may seekan order of the district45.8courtrelief through the court of appeals requiring the board or 45.9 governmental unit to immediately take the action mandated by 45.10 subdivisions 2a and 3a. The court of appeals shall make a 45.11 decision based on the information and record supplied by the 45.12 responsible governmental unit. 45.13 Sec. 50. Minnesota Statutes 2002, section 116D.04, 45.14 subdivision 13, is amended to read: 45.15 Subd. 13. This section may be enforced byinjunction,45.16action to compel performance, or otherappropriate action in the 45.17district court of the county where the violation takes45.18placecourt of appeals. The court of appeals shall have full 45.19 jurisdiction to hear and determine the matter appealed. The 45.20 proceeding may be governed by the Rules of Civil Appellate 45.21 Procedure. Upon the request of the board or the chair of the 45.22 board, the attorney general may bring an action under this 45.23 subdivision. 45.24 Sec. 51. Minnesota Statutes 2002, section 116O.09, 45.25 subdivision 1, is amended to read: 45.26 Subdivision 1. [ESTABLISHMENT.] The agricultural 45.27utilization research instituteinnovation center is established 45.28as a nonprofit corporation under section 501(c)(3) of the45.29Internal Revenue Code of 1986, as amended. The agricultural45.30utilization research institute shallwithin the department of 45.31 agriculture to promote the establishment of new products and 45.32 product uses and the expansion of existing markets for the 45.33 state's agricultural commodities and products, including direct 45.34 financial and technical assistance for Minnesota entrepreneurs. 45.35 Theinstitute must be located near an existing agricultural45.36research facility in the agricultural region of the46.1statecommissioner must establish or maintain facilities for the 46.2 center with priority to continued use of facilities at Crookston 46.3 and Marshall. The center shall work with private and public 46.4 entities to leverage the resources available to achieve maximum 46.5 results for Minnesota agriculture. 46.6 Sec. 52. Minnesota Statutes 2002, section 116O.09, 46.7 subdivision 1a, is amended to read: 46.8 Subd. 1a. [BOARD OF DIRECTORS.] The board of directors of 46.9 the agriculturalutilization research instituteinnovation 46.10 center is comprised of: 46.11 (1) the chairs of the senate and the house of 46.12 representatives standing committees with jurisdiction over 46.13 agriculturepolicyfinance or the chair's designee; 46.14 (2) the commissioner or the commissioner's designee; 46.15 (3) the dean of the college of agriculture of the 46.16 University of Minnesota or the dean's representative; 46.17(2)(4) two representatives of statewide farm organizations 46.18 appointed by the commissioner; 46.19(3)(5) two representatives of agribusiness, one of whom is46.20a member of the Minnesota Technology, Inc. board representing46.21agribusinessappointed by the commissioner; and 46.22(4)(6) three representatives of the commodity promotion 46.23 councils appointed by the commissioner. 46.24 A member of the board of directors under clauses(1) to(4) 46.25 to (6), including a member serving on July 1, 2003, may 46.26designate a permanent or temporary replacement member46.27representing the same constituencyserve for a maximum of two 46.28 three-year terms. The board's compensation is governed by 46.29 section 15.0575, subdivision 3. 46.30 Sec. 53. Minnesota Statutes 2002, section 116O.09, 46.31 subdivision 2, is amended to read: 46.32 Subd. 2. [DUTIES.] (a) In addition to the duties and 46.33 powers assigned to the institutes in section 116O.08, the 46.34 agriculturalutilization research instituteinnovation center 46.35 shall: 46.36 (1) identifythe various market segments characterized by47.1Minnesota's agricultural industry, address each segment's47.2individual needs, and identifydevelopment opportunitiesin each47.3segmentfor agricultural products; 47.4 (2)develop andimplement autilizationprogramfor each47.5segmentthataddresses its development needs andidentifies 47.6 techniques to meet thoseneedsopportunities; 47.7 (3) monitor and coordinate research among the public and 47.8 private organizations and individuals specifically addressing 47.9 procedures to transfer new technology to businesses, farmers, 47.10 and individuals; 47.11 (4) provide research grants to public and private 47.12 educational institutions and other organizations that are 47.13 undertaking basic and applied researchthat wouldto promote the 47.14 development ofthe variousemerging agricultural industries;and47.15 (5)provide financial assistance including, but not limited47.16to: (i) direct loans, guarantees, interest subsidy payments,47.17and equity investments; and (ii) participation in loan47.18participations. The board of directors shall establish the47.19terms and conditions of the financial assistance.assist 47.20 organizations and individuals with market analysis and product 47.21 marketing implementations; 47.22 (6) to the extent possible earn and receive revenue from 47.23 contracts, patents, licenses, royalties, grants, 47.24 fees-for-service, and memberships; 47.25 (7) work with other divisions within the department of 47.26 agriculture, the United States Department of Agriculture, the 47.27 department of trade and economic development, and other agencies 47.28 to maximize marketing opportunities locally, nationally, and 47.29 internationally; and 47.30 (8) leverage available funds from federal, state, and 47.31 private sources to develop new markets and value added 47.32 opportunities for Minnesota agricultural products. 47.33 (b) Theagricultural utilization research47.34institutecommissioner shall recommend to the board of directors 47.35shall have the sole approval authority for establishing47.36agricultural utilization researchpriorities, requests for 48.1 proposals to meet those priorities, awarding of grants, hiring 48.2 and direction of personnel, and other expenditures of funds 48.3 consistent with the adopted and approved mission and goals of 48.4 the agriculturalutilization research instituteinnovation 48.5 center.The actions and expenditures of the agricultural48.6utilization research institute are subject to audit and regular48.7annual report to the legislature in general and specifically the48.8house of representatives agriculture committee, the senate48.9agriculture and rural development committee, the house of48.10representatives environment and natural resources finance48.11committee, and the senate environment and agriculture budget48.12division.The center shall annually report by February 1 to the 48.13 senate and house of representative standing committees with 48.14 jurisdiction over agricultural policy and funding. The report 48.15 must list projects initiated, progress on projects, and 48.16 financial information relating to expenditures, income from 48.17 other sources, and other information to allow the chairs to 48.18 evaluate the effectiveness of the center's activities. 48.19 Sec. 54. Minnesota Statutes 2002, section 116O.09, 48.20 subdivision 3, is amended to read: 48.21 Subd. 3. [STAFF.] The commissioner, at the direction of 48.22 the board of directors, shallhireprovide stafffor the48.23agricultural utilization research institute. Persons employed48.24by the agricultural utilization research institute are not state48.25employees and may participate in state retirement, deferred48.26compensation, insurance, or other plans that apply to state48.27employees generally and are subject to regulation by the state48.28campaign finance and public disclosure boardand administrative 48.29 support for the center as needed within the resources 48.30 available. The staff shall include a division director for the 48.31 center. 48.32 Sec. 55. Minnesota Statutes 2002, section 116O.09, 48.33 subdivision 9, is amended to read: 48.34 Subd. 9. [MEETINGS.] The board of directors shall meet at 48.35 least twice each year and may hold additional meetings upon 48.36 giving notice in accordance withthe bylaws of the49.1institutechapter 13D. Board meetings are subject to chapter 49.2 13D, except section 13D.01, subdivision1b6, paragraph (a), as 49.3 it pertains to financial information, business plans, income and 49.4 expense projections, customer lists, market and feasibility 49.5 studies, and trade secret information as defined by section 49.6 13.37, subdivision 1, paragraph (b). This information is 49.7 nonpublic data under chapter 13. 49.8 Sec. 56. Minnesota Statutes 2002, section 116O.09, 49.9 subdivision 12, is amended to read: 49.10 Subd. 12. [FUNDS.] Theinstitutecenter may accept and use 49.11 gifts, grants, or contributions from any source. Unless 49.12 otherwise restricted by the terms of a gift or bequest, the 49.13boardcenter may sell, exchange, or otherwise dispose of and 49.14 invest or reinvest the money, securities, or other property 49.15 given or bequested to it. The principal of these funds, the 49.16 income from them, and all other revenues received by it from any 49.17 nonstate source must beplaced in the depositories the board49.18determinesdeposited in the state treasury and credited to the 49.19 agricultural innovation center account and is subject to 49.20 expenditure for theboard'scenter's purposes.Expenditures of49.21more than $25,000 must be approved by the full board.49.22 Sec. 57. Minnesota Statutes 2002, section 116O.09, is 49.23 amended by adding a subdivision to read: 49.24 Subd. 12a. [AGRICULTURAL INNOVATION CENTER ACCOUNT.] An 49.25 agricultural innovation center account is established in the 49.26 agricultural fund in the state treasury. All gifts, grants, or 49.27 contributions from any source received by the department of 49.28 agriculture for agricultural innovation shall be deposited in 49.29 the state treasury and credited to the agricultural innovation 49.30 center account. Unless otherwise restricted by the terms of the 49.31 gift or bequest, the department of agriculture may sell, 49.32 exchange, or otherwise dispose of any gift or bequest. The 49.33 proceeds from the sale or disposal shall be deposited in the 49.34 agriculture innovation center account. 49.35 All negotiable assets transferred from the agricultural 49.36 innovation center under subdivision 14 shall be deposited into 50.1 the agricultural innovation account. 50.2 Money in the account, including interest earned, is 50.3 appropriated to the commissioner for the administration of this 50.4 section. 50.5 Sec. 58. Minnesota Statutes 2002, section 116O.09, 50.6 subdivision 13, is amended to read: 50.7 Subd. 13. [ACCOUNTS; AUDITSDEFINITIONS.]The institute50.8may establish funds and accounts that it finds convenient. The50.9board shall provide for and pay the cost of an independent50.10annual audit of its official books and records by the50.11legislative auditor subject to sections 3.971 and 3.972. A copy50.12of this audit shall be filed with the secretary of state.50.13 For purposes of this section,"institute""center" means 50.14 the agriculturalutilization research instituteinnovation 50.15 center established under this section and "board of directors" 50.16 means the board of directors of the agriculturalutilization50.17research instituteinnovation center and "commissioner" means 50.18 the commissioner of agriculture. 50.19 Sec. 59. Minnesota Statutes 2002, section 116O.09, is 50.20 amended by adding a subdivision to read: 50.21 Subd. 14. [TRANSFER.] The commissioner of administration, 50.22 in consultation with the commissioner of agriculture, shall take 50.23 measures necessary to transfer the functions, assets, and 50.24 liabilities from the corporation established under this section 50.25 to the department of agriculture. During the transition period 50.26 the commissioner of agriculture must be fully informed of all 50.27 expenditures of the corporation. There is no obligation for the 50.28 commissioner to pay state funds for projects or operations of 50.29 the agricultural utilization research institute beyond October 50.30 1, 2003, unless approved by the board and the commissioner. 50.31 Sec. 60. [REVISOR'S INSTRUCTION.] 50.32 The revisor shall change the term "agricultural utilization 50.33 research institute" to "agricultural innovation center" in 50.34 Minnesota Statutes and change "institute" to "center" in 50.35 Minnesota Statutes, section 116O.09. The revisor shall recodify 50.36 Minnesota Statutes, section 116O.09 into Minnesota Statutes, 51.1 chapter 17. 51.2 Sec. 61. [REPEALER.] 51.3 Minnesota Statutes 2002, sections 17.110; 18.51; 18.52; 51.4 18.53; 18.54; 18.79, subdivisions 1, 7, and 11; 18.85; 41A.09, 51.5 subdivisions 1a, 5a, 6, 7, and 8, are repealed. 51.6 Sec. 62. [REPEALER; MINNESOTA RULES.] 51.7 Minnesota Rules, part 1510.0281, is repealed. 51.8 Sec. 63. [EFFECTIVE DATE.] 51.9 Except as otherwise provided, this act is effective July 1, 51.10 2003.