1.1 	A bill for an act
1.2 	relating to agriculture; appropriating money for
1.3 	agricultural purposes; establishing and modifying
1.4 	certain programs; providing for regulation of certain
1.5 	activities and practices; providing for accounts,
1.6 	assessments, and fees; providing for the issuance of
1.7 	state bonds; amending Minnesota Statutes 2004,
1.8 	sections 13.643, by adding a subdivision; 17.03,
1.9 	subdivision 13; 17.117, subdivision 11, by adding a
1.10 	subdivision; 17.452, by adding a subdivision; 17.982,
1.11 	subdivision 1; 17.983, subdivisions 1, 3; 17B.03,
1.12 	subdivision 1; 18B.08, subdivision 4; 18B.26,
1.13 	subdivision 3; 18B.31, subdivision 5; 18B.315,
1.14 	subdivision 6; 18B.32, subdivision 6; 18B.33,
1.15 	subdivision 7; 18B.34, subdivision 5; 18C.141,
1.16 	subdivisions 1, 3, 5; 18C.425, subdivision 6; 18E.03,
1.17 	subdivision 2; 18G.03, subdivision 1; 18G.10,
1.18 	subdivisions 5, 7; 18H.02, subdivisions 21, 22, 23,
1.19 	32, 34, by adding a subdivision; 18H.05; 18H.06;
1.20 	18H.07, subdivisions 1, 2, 3; 18H.09; 18H.13,
1.21 	subdivision 1; 18H.15; 18H.18, subdivision 1; 19.64,
1.22 	subdivision 1; 25.341, subdivision 2; 25.39,
1.23 	subdivisions 1, 4; 31.94; 35.02, subdivision 1; 35.03;
1.24 	35.05; 35.155; 38.01; 38.16; 41A.09, subdivisions 2a,
1.25 	3a; 41B.046, subdivision 5; 41B.049, subdivisions 2,
1.26 	4; 116.07, subdivision 7a; 174.52, subdivision 5;
1.27 	223.17, subdivisions 3, 6; 231.08, by adding
1.28 	subdivisions; 231.09; 231.11; 231.16; 231.18,
1.29 	subdivisions 3, 5; 232.22, subdivision 3; 236.02,
1.30 	subdivision 4; 327.23, subdivision 2, by adding a
1.31 	subdivision; 394.25, subdivision 3c; 462.355,
1.32 	subdivision 4; 462.357, by adding a subdivision;
1.33 	proposing coding for new law in Minnesota Statutes,
1.34 	chapters 16C; 25; 35; 41B; 156; 231; 583; 604;
1.35 	repealing Minnesota Statutes 2004, sections 17.451;
1.36 	17.452, subdivisions 6, 6a, 7, 10, 11, 12, 13, 13a,
1.37 	14, 15, 16; 17.983, subdivision 2; 18B.065,
1.38 	subdivision 5; 18H.02, subdivisions 15, 19; 19.64,
1.39 	subdivision 4a; 35.0661, subdivision 4; 41B.046,
1.40 	subdivision 3; Laws 1986, chapter 398, article 1,
1.41 	section 18, as amended; Minnesota Rules, parts
1.42 	1560.7700; 1560.7750; 1560.7800; 1560.7850; 1560.7900;
1.43 	1560.8000; 1560.8100; 1560.8200; 1560.8300; 1560.8400;
1.44 	1560.8500; 1560.8600; 1560.8700; 1560.8800.
1.45 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.1 	ARTICLE 1
2.2 	APPROPRIATIONS, GENERALLY

2.3 	Section 1. AGRICULTURE AND RURAL DEVELOPMENT APPROPRIATIONS.
 2.4 	The sums shown in the columns marked "APPROPRIATIONS" are
2.5 	appropriated from the general fund, or another named fund, to
2.6 	the agencies and for the purposes specified in this act, to be
2.7 	available for the fiscal years indicated for each purpose. The
2.8 	figures "2006" and "2007," where used in this act, mean that the
2.9 	appropriation or appropriations listed under them are available
2.10 	for the fiscal year ending June 30, 2006, or June 30, 2007,
2.11 	respectively.  The term "the first year" means the year ending
2.12 	June 30, 2006, and the term "the second year" means the year
2.13 	ending June 30, 2007.
2.14 	SUMMARY BY FUND
2.15 	2006          2007           TOTAL
2.16 	General            $   44,303,000 $   41,557,000 $   85,860,000
2.17 	Remediation               388,000        388,000        776,000
2.18 	TOTAL              $   44,691,000 $   41,945,000 $   86,636,000
2.19 	APPROPRIATIONS
2.20 	                                       Available for the Year
2.21 	                                           Ending June 30
2.22 	                                          2006         2007

2.23 	Sec. 2. DEPARTMENT OF AGRICULTURE
 2.24 		Subdivision 1.Total
2.25 	Appropriation                         40,122,000     37,384,000
2.26 	Summary by Fund
2.27 	General              39,734,000    36,996,000
2.28 	Remediation             388,000       388,000
2.29 	The amounts that may be spent from this
2.30 	appropriation for each program are
2.31 	specified in the following subdivisions.
2.32 		Subd. 2.Protection Services
2.33 	10,490,000     10,495,000
2.34 	Summary by Fund
2.35 	General              10,102,000    10,107,000
2.36 	Remediation             388,000       388,000
2.37 	$388,000 the first year and $388,000
2.38 	the second year are from the
2.39 	remediation fund for administrative
2.40 	funding for the voluntary cleanup
2.41 	program.
3.1 	The balance in the waste pesticide
3.2 	account in the agricultural fund is
3.3 	canceled to the pesticide regulatory
3.4 	account in the agricultural fund and
3.5 	the waste pesticide account is
3.6 	abolished.
3.7 	$145,000 the first year and $150,000
3.8 	the second year are for increased
3.9 	monitoring of pesticides in groundwater
3.10 	and surface waters throughout the
3.11 	state.  This appropriation must be used
3.12 	primarily for sample collection and
3.13 	laboratory analytical costs.  This
3.14 	appropriation is in addition to other
3.15 	appropriations and funding for the
3.16 	water monitoring program.
3.17 		Subd. 3.Agricultural Marketing
3.18 	and Development                        4,467,000      4,197,000
3.19 	$71,000 the first year and $71,000 the
3.20 	second year are for transfer to the
3.21 	Minnesota grown matching account and
3.22 	may be used as grants for Minnesota
3.23 	grown promotion under Minnesota
3.24 	Statutes, section 17.109.  Grants may
3.25 	be made for one year.  Notwithstanding
3.26 	Minnesota Statutes, section 16A.28, the
3.27 	appropriations encumbered under
3.28 	contract on or before June 30, 2007,
3.29 	for Minnesota grown grants in this
3.30 	subdivision are available until June
3.31 	30, 2009.
3.32 	$80,000 the first year and $80,000 the
3.33 	second year are for grants to farmers
3.34 	for demonstration projects involving
3.35 	sustainable agriculture as authorized
3.36 	in Minnesota Statutes, section 17.116.
3.37 	Of the amount for grants, up to $20,000
3.38 	may be used for dissemination of
3.39 	information about the demonstration
3.40 	projects.  Notwithstanding Minnesota
3.41 	Statutes, section 16A.28, the
3.42 	appropriations encumbered under
3.43 	contract on or before June 30, 2007,
3.44 	for sustainable agriculture grants in
3.45 	this subdivision are available until
3.46 	June 30, 2009.
3.47 	The commissioner of agriculture, in
3.48 	consultation with the commissioner of
3.49 	transportation, shall conduct an
3.50 	economic impact study of a rail
3.51 	container load-out facility located in
3.52 	the west-central area of Minnesota.
3.53 	The study must include benefits of such
3.54 	a facility to the region and to the
3.55 	state transportation system.  By
3.56 	January 15, 2006, the commissioner
3.57 	shall report to the governor and the
3.58 	agriculture policy committees of the
3.59 	senate and house on the findings of the
3.60 	study.
3.61 	$100,000 the first year and $100,000
3.62 	the second year are to provide training
3.63 	and technical assistance to county and
3.64 	town officials relating to livestock
3.65 	siting issues and local zoning and land
4.1 	use planning including a checklist
4.2 	template that would clarify the
4.3 	federal, state, and local government
4.4 	requirements for consideration of an
4.5 	animal agriculture modernization or
4.6 	expansion project.  In developing the
4.7 	training and technical assistance
4.8 	program, the commissioner may seek
4.9 	assistance from the local planning
4.10 	assistance center of the Department of
4.11 	Administration and shall seek guidance,
4.12 	advice, and support of livestock
4.13 	producer organizations, general
4.14 	agricultural organizations, local
4.15 	government associations, academic
4.16 	institutions, other government
4.17 	agencies, and others with expertise in
4.18 	land use and agriculture.
4.19 	$220,000 the first year is to contract
4.20 	with the University of Minnesota for
4.21 	further research and development of
4.22 	livestock odor and air quality
4.23 	management.  This is a onetime
4.24 	appropriation.
4.25 	$50,000 is for a grant to Second
4.26 	Harvest Heartland on behalf of
4.27 	Minnesota's six Second Harvest food
4.28 	banks for the purchase of milk for
4.29 	distribution to Minnesota's food
4.30 	shelves and other charitable
4.31 	organizations that are eligible to
4.32 	receive food from the food banks.  Milk
4.33 	purchased under the grants must be
4.34 	acquired from Minnesota milk processors
4.35 	and based on low-cost bids.  The milk
4.36 	must be allocated to each Second
4.37 	Harvest food bank serving Minnesota
4.38 	according to the formula used in the
4.39 	distribution of United States
4.40 	Department of Agriculture commodities
4.41 	under The Emergency Food Assistance
4.42 	Program (TEFAP).  Second Harvest
4.43 	Heartland must submit quarterly reports
4.44 	to the commissioner on forms prescribed
4.45 	by the commissioner.  The reports must
4.46 	include, but are not limited to,
4.47 	information on the expenditure of
4.48 	funds, the amount of milk purchased,
4.49 	and the organizations to which the milk
4.50 	was distributed.  Second Harvest
4.51 	Heartland may enter into contracts or
4.52 	agreements with food banks for shared
4.53 	funding or reimbursement of the direct
4.54 	purchase of milk.  Each food bank
4.55 	receiving money from this appropriation
4.56 	may use up to two percent of the grant
4.57 	for administrative expenses.
4.58 		Subd. 4.Value-Added Agricultural Products
4.59 	18,745,000     15,268,000
4.60 	$18,745,000 the first year and
4.61 	$15,268,000 the second year are for
4.62 	ethanol producer payments under
4.63 	Minnesota Statutes, section 41A.09.
4.64 	Payments for eligible ethanol
4.65 	production in fiscal years 2006 and
4.66 	2007 shall be disbursed at the rate of
5.1 	$0.13 per gallon.  If the total amount
5.2 	for which all producers are eligible in
5.3 	a quarter exceeds the amount available
5.4 	for payments, the commissioner shall
5.5 	make payments on a pro rata basis.  If
5.6 	the appropriation exceeds the total
5.7 	amount for which all producers are
5.8 	eligible in a fiscal year for scheduled
5.9 	payments, the balance must be used to
5.10 	reimburse ethanol producers for
5.11 	deficiencies as provided in Minnesota
5.12 	Statutes, section 41A.09, subdivision
5.13 	3a, paragraphs (h) and (i).  The
5.14 	appropriation remains available until
5.15 	spent.
5.16 		Subd. 5.Administration and Financial Assistance
5.17 	6,420,000      7,424,000
5.18 	$1,005,000 the first year and
5.19 	$1,005,000 the second year are for
5.20 	continuation of the dairy development
5.21 	and profitability enhancement and dairy
5.22 	business planning grant programs
5.23 	established under Laws 1997, chapter
5.24 	216, section 7, subdivision 2, and Laws
5.25 	2001, First Special Session chapter 2,
5.26 	section 9, subdivision 2 and to
5.27 	administer a dairy investment tax
5.28 	credit program.  The commissioner may
5.29 	allocate the available sums among
5.30 	permissible activities, including
5.31 	efforts to improve the quality of milk
5.32 	produced in the state in the
5.33 	proportions that the commissioner deems
5.34 	most beneficial to Minnesota's dairy
5.35 	farmers.  The commissioner must submit
5.36 	a work plan detailing plans for
5.37 	expenditures under this program to the
5.38 	chairs of the house and senate
5.39 	committees dealing with agricultural
5.40 	policy and budget on or before the
5.41 	start of each fiscal year.  If
5.42 	significant changes are made to the
5.43 	plans in the course of the year, the
5.44 	commissioner must notify the chairs.
5.45 	$50,000 the first year and $50,000 the
5.46 	second year are for the Northern Crops
5.47 	Institute.  These appropriations may be
5.48 	spent to purchase equipment.
5.49 	$19,000 the first year and $19,000 the
5.50 	second year are for a grant to the
5.51 	Minnesota Livestock Breeders
5.52 	Association.
5.53 	$1,000 the first year and $1,000 the
5.54 	second year are for family farm
5.55 	security interest payment adjustments.
5.56 	If the appropriation for either year is
5.57 	insufficient, the appropriation for the
5.58 	other year is available for it.  No new
5.59 	loans may be approved in fiscal year
5.60 	2006 or 2007.
5.61 	Aid payments to county and district
5.62 	agricultural societies and associations
5.63 	under Minnesota Statutes, section
5.64 	38.02, subdivision 1, must be disbursed
6.1 	not later than July 15 for annual fairs
6.2 	held in the previous calendar year.
6.3 	The commissioner is instructed to
6.4 	increase expenditures from the accounts
6.5 	in the agriculture fund by $190,000 the
6.6 	first year and $310,000 the second
6.7 	year.  This increase is for a portion
6.8 	of the increased rent cost.
6.9 	$70,000 the first year and $75,000 the
6.10 	second year are for annual grants to
6.11 	the Northern Minnesota Forage-Turf Seed
6.12 	Advisory Committee for basic and
6.13 	applied research on the improved
6.14 	production of forage and turf seed
6.15 	related to new and improved varieties.
6.16 	The grant recipient may subcontract
6.17 	with a qualified third party for some
6.18 	or all of the basic and applied
6.19 	research.

6.20 	Sec. 3. BOARD OF ANIMAL
6.21 	HEALTH                                 2,959,000      2,961,000

6.22 	Sec. 4. AGRICULTURAL UTILIZATION
6.23 	RESEARCH INSTITUTE                     1,600,000      1,600,000

6.24 	Sec. 5. MINNESOTA HORTICULTURE
6.25 	SOCIETY                                   10,000        -0-
 6.26 	This is a onetime appropriation.

6.27 	Sec. 6. Minnesota Statutes 2004, section 13.643, is
6.28 	amended by adding a subdivision to read:
6.29 		Subd. 6.Animal identification data. (a) The following
6.30 	data collected and maintained by the Board of Animal Health
6.31 	related to registration and identification of premises and
6.32 	animals under chapter 35, are classified as private or nonpublic:
6.33 	(1) the names and addresses of the applicants;
6.34 	(2) the location of the premises where animals are kept;
6.35 	and 
6.36 	(3) the identification number of the premises or the animal.
6.37 	(b) Nothing in this subdivision prohibits a state agency
6.38 	from carrying out the statutory duties of the agency.

6.39 	Sec. 7. [16C.137] MINIMIZING ENERGY USE; RENEWABLE
6.40 	FUELS.
6.41 		Subdivision 1.Goals and actions. (a) Using 2005 as a
6.42 	baseline, the state of Minnesota shall reduce the use of
6.43 	gasoline by on-road vehicles owned by state departments by 25
6.44 	percent by 2010 and by 50 percent by 2015, and the use of
6.45 	petroleum-based diesel fuel in diesel-fueled vehicles by ten
7.1 	percent by 2010 and 25 percent by 2015.
7.2 	(b) To meet the goals established in paragraph (a), each
7.3 	state department will, whenever legally, technically, and
7.4 	economically feasible, subject to the specific needs of the
7.5 	department and responsible management of agency finances:
7.6 	(1) ensure that at least 75 percent of purchases of new
7.7 	on-road vehicles:
7.8 	(i) use "cleaner fuels" as that term is defined in section
7.9 	16C.135, subdivision 1, clauses (1), (3), and (4); or 
7.10 	(ii) have fuel efficiency ratings that exceed 30 miles per
7.11 	gallon for city usage or 35 miles per gallon for highway usage,
7.12 	including but not limited to hybrid electric cars and
7.13 	hydrogen-powered vehicles;
7.14 	(2) increase its use of renewable transportation fuels,
7.15 	including ethanol, biodiesel, and hydrogen from agricultural
7.16 	products; and 
7.17 	(3) increase its use of Web-based Internet applications and
7.18 	other electronic information technologies to enhance the access
7.19 	to and delivery of government information and services to the
7.20 	public, and reduce the reliance on the department's fleet for
7.21 	the delivery of such information and services.
7.22 		Subd. 2.Smartfleet committee. (a) The commissioner of
7.23 	administration, or the commissioner's designee, shall chair a
7.24 	SmartFleet Committee consisting of representatives designated by
7.25 	the commissioners of the Pollution Control Agency, the
7.26 	Departments of Agriculture and Commerce, and other state
7.27 	departments that wish to participate.  To ensure effective and
7.28 	efficient state participation, the SmartFleet Committee must
7.29 	assist state departments in implementing the requirements of
7.30 	this section, including providing information, guidance, sample
7.31 	policies and procedures, and technical and planning assistance.
7.32 	(b) The SmartFleet Committee must evaluate the goals and
7.33 	directives established in this section by December 2006 and
7.34 	periodically thereafter.  The committee must make
7.35 	recommendations to the governor and appropriate committees of
7.36 	the legislature on February 1 of each year for new or adjusted
8.1 	goals and directives, in light of the progress the state has
8.2 	made implementing this section, and of the availability of new
8.3 	or improved technologies.
8.4 	(c) For the systematic and efficient monitoring of progress
8.5 	in implementing this section by the SmartFleet Committee, the
8.6 	Department of Administration shall implement a fleet reporting
8.7 	and information management system.  Each department will use
8.8 	this management system to demonstrate its progress in complying
8.9 	with this section.
8.10 		Subd. 3.Exclusion. Petroleum-based diesel fuel used in
8.11 	a vehicle which a department has retrofit to use ultra low
8.12 	sulfur diesel fuel and to add additional emissions control
8.13 	technologies is excluded when evaluating progress toward the
8.14 	reduction goals established in subdivision 1.  This exclusion
8.15 	applies only to vehicles purchased before the model year in
8.16 	which the federal Environmental Protection Agency's new clean
8.17 	diesel emission reduction rules take effect.
8.18 	
EFFECTIVE DATE. This section is effective the day
8.19 	following final enactment.

8.20 	Sec. 8. Minnesota Statutes 2004, section 17.03,
8.21 	subdivision 13, is amended to read:
8.22 		Subd. 13.Semiannual reports.  (a) By October 15 and
8.23 	April 15 of each year,The commissioner shall submit to the
8.24 	legislative committees having jurisdiction over appropriations
8.25 	from the agricultural fund in section 16A.531a report reports 
8.26 	on the amount of revenue raised in each fee account within the
8.27 	fund, the expenditures from each account, and the purposes for
8.28 	which the expenditures were made. The reports must be issued in
8.29 	February and November each year, to coincide with the forecasts
8.30 	of revenue and expenditures prepared under section 16A.103.
8.31 	(b) The report delivered on October 15 in February of each
8.32 	year must include the commissioner's recommendations, if any,
8.33 	for changes in statutes relating to the fee accounts of the
8.34 	agricultural fund.

8.35 	Sec. 9. Minnesota Statutes 2004, section 17.117, is
8.36 	amended by adding a subdivision to read:
9.1 		Subd. 5b.Application fee. The commissioner may impose a
9.2 	nonrefundable application fee of $50 for each loan issued under
9.3 	the program.  The fees must be credited to the agricultural best
9.4 	management practices administration account, which is hereby
9.5 	established in the agricultural fund.  Interest earned in the
9.6 	account accrues to the account.  Money in the account and
9.7 	interest earned in the accounts established in the agricultural
9.8 	fund under subdivision 5a are appropriated to the commissioner
9.9 	for administrative expenses of the program.

9.10 	Sec. 10. Minnesota Statutes 2004, section 17.117,
9.11 	subdivision 11, is amended to read:
9.12 		Subd. 11.Loans issued to borrower.  (a) Local lenders
9.13 	may issue loans only for projects that are approved and
9.14 	certified by the local government unit as meeting priority needs
9.15 	identified in a comprehensive water management plan or other
9.16 	local planning documents, are in compliance with accepted
9.17 	practices, standards, specifications, or criteria, and are
9.18 	eligible for financing under Environmental Protection Agency or
9.19 	other applicable guidelines.
9.20 	(b) The local lender may use any additional criteria
9.21 	considered necessary to determine the eligibility of borrowers
9.22 	for loans.
9.23 	(c) Local lenders shall set the terms and conditions of
9.24 	loans to borrowers, except that:
9.25 	(1) no loan to a borrower may exceed $50,000 $100,000;
9.26 	(2) no loan for a project may exceed $50,000 $100,000; and
9.27 	(3) no borrower shall, at any time, have multiple loans
9.28 	from this program with a total outstanding loan balance of more
9.29 	than $50,000 $100,000.
9.30 	(d) The maximum term length for conservation tillage and
9.31 	individual sewage treatment system projects is five years.  The
9.32 	maximum term length for other projects in this paragraph is ten
9.33 	years.
9.34 	(e) Fees charged at the time of closing must:
9.35 	(1) be in compliance with normal and customary practices of
9.36 	the local lender;
10.1 	(2) be in accordance with published fee schedules issued by
10.2 	the local lender;
10.3 	(3) not be based on participation program; and
10.4 	(4) be consistent with fees charged other similar types of
10.5 	loans offered by the local lender.
10.6 	(f) The interest rate assessed to an outstanding loan
10.7 	balance by the local lender must not exceed three percent per
10.8 	year.

10.9 	Sec. 11. Minnesota Statutes 2004, section 17.452, is
10.10 	amended by adding a subdivision to read:
10.11 		Subd. 5a.Other applicable definitions. The definitions
10.12 	in section 35.153 apply to this section.

10.13 	Sec. 12. Minnesota Statutes 2004, section 17.982,
10.14 	subdivision 1, is amended to read:
10.15 		Subdivision 1.Criminal penalties.  A person who violates
10.16 	a provision of chapter 28A,29, 31, 31A, 31B, or 34 for which a
10.17 	penalty has not been prescribed is guilty of a misdemeanor.

10.18 	Sec. 13. Minnesota Statutes 2004, section 17.983,
10.19 	subdivision 1, is amended to read:
10.20 		Subdivision 1.Administrative penalties; citation.  If a
10.21 	person has violated chapter 28A,29, 31, 31A, 31B, 32, or 34,
10.22 	the commissioner may issue a written citation to the person by
10.23 	personal service or by certified mail.  The citation shall must 
10.24 	describe the nature of the violation and the statute or rule
10.25 	alleged to have been violated; state the time for correction;
10.26 	and the amount of any proposed fine.  The citation must advise
10.27 	the person to notify the commissioner in writing within 30 days
10.28 	if the person wishes to appeal the citation.  If the person
10.29 	fails to appeal the citation, the citation is the final order
10.30 	and not subject to further review.

10.31 	Sec. 14. Minnesota Statutes 2004, section 17.983,
10.32 	subdivision 3, is amended to read:
10.33 		Subd. 3.Contested case.  If a person appeals a citation
10.34 	or a penalty assessment within the time limits in
10.35 	subdivisions subdivision 1 and 2, the commissioner, within 40
10.36 	days after receiving the appeal,shall initiate a contested
11.1 	proceeding under chapter 14.  The report of the administrative
11.2 	law judge is the final decision of the commissioner of
11.3 	agriculture.

11.4 	Sec. 15. Minnesota Statutes 2004, section 17B.03,
11.5 	subdivision 1, is amended to read:
11.6 		Subdivision 1.Commissioner's powers.  The commissioner
11.7 	of agriculture shall exercise general supervision over the
11.8 	inspection, grading, weighing, sampling, and analysis of grain
11.9 	subject to the provisions of the United States Grain Standards
11.10 	Act of 1976 and the rules promulgated thereunder by the United
11.11 	States Department of Agriculture.  This activity may take place
11.12 	within or outside the state of Minnesota. Scale testing must be
11.13 	performed at export locations or, upon request from and with the
11.14 	consent of the delegated authority, at domestic locations.  Fees
11.15 	for the testing of scales and weighing equipment shall be fixed
11.16 	by the commissioner and must be uniform with those charged by
11.17 	the Division of Weights and Measures of the Department of
11.18 	Commerce.

11.19 	Sec. 16. Minnesota Statutes 2004, section 18B.08,
11.20 	subdivision 4, is amended to read:
11.21 		Subd. 4.Application fee.  A person initially applying
11.22 	for a chemigation permit must pay a nonrefundable application
11.23 	fee of $50 $250.  A person who holds a fertilizer chemigation
11.24 	permit under section 18C.205, is exempt from the fee in this
11.25 	subdivision.

11.26 	Sec. 17. Minnesota Statutes 2004, section 18B.26,
11.27 	subdivision 3, is amended to read:
11.28 		Subd. 3.Application fee.  (a) A registrant shall pay an
11.29 	annual application fee for each pesticide to be registered, and
11.30 	this fee is set at one-tenth of one percent for calendar year
11.31 	1990, at one-fifth of one percent for calendar year 1991, and at
11.32 	two-fifths of one 0.4 percent for calendar year 1992 and
11.33 	thereafter of annual gross sales within the state and annual
11.34 	gross sales of pesticides used in the state, with a minimum
11.35 	nonrefundable fee of $250.  The registrant shall determine when
11.36 	and which pesticides are sold or used in this state.  The
12.1 	registrant shall secure sufficient sales information of
12.2 	pesticides distributed into this state from distributors and
12.3 	dealers, regardless of distributor location, to make a
12.4 	determination.  Sales of pesticides in this state and sales of
12.5 	pesticides for use in this state by out-of-state distributors
12.6 	are not exempt and must be included in the registrant's annual
12.7 	report, as required under paragraph (c), and fees shall be paid
12.8 	by the registrant based upon those reported sales.  Sales of
12.9 	pesticides in the state for use outside of the state are exempt
12.10 	from the application fee in this paragraph if the registrant
12.11 	properly documents the sale location and distributors.  A
12.12 	registrant paying more than the minimum fee shall pay the
12.13 	balance due by March 1 based on the gross sales of the pesticide
12.14 	by the registrant for the preceding calendar year.  The fee for
12.15 	disinfectants and sanitizers shall be the minimum.  The minimum
12.16 	fee is due by December 31 preceding the year for which the
12.17 	application for registration is made.  The commissioner shall
12.18 	spend at least $300,000 per fiscal year from the pesticide
12.19 	regulatory account for the purposes of the waste pesticide
12.20 	collection program.
12.21 	(b) An additional fee of $100 must be paid by the applicant
12.22 	for each pesticide to be registered if the application is a
12.23 	renewal application that is submitted after December 31.
12.24 	(c) A registrant must annually report to the commissioner
12.25 	the amount and type of each registered pesticide sold, offered
12.26 	for sale, or otherwise distributed in the state.  The report
12.27 	shall be filed by March 1 for the previous year's registration.
12.28 	The commissioner shall specify the form of the report and
12.29 	require additional information deemed necessary to determine the
12.30 	amount and type of pesticides annually distributed in the
12.31 	state.  The information required shall include the brand name,
12.32 	amount, and formulation of each pesticide sold, offered for
12.33 	sale, or otherwise distributed in the state, but the information
12.34 	collected, if made public, shall be reported in a manner which
12.35 	does not identify a specific brand name in the report.
12.36 	(d) A registrant who is required to pay more than the
13.1 	minimum fee for any pesticide under paragraph (a) must pay a
13.2 	late fee penalty of $100 for each pesticide application fee paid
13.3 	after March 1 in the year for which the license is to be issued.

13.4 	Sec. 18. Minnesota Statutes 2004, section 18B.31,
13.5 	subdivision 5, is amended to read:
13.6 		Subd. 5.Application fee.  (a) An application for a
13.7 	pesticide dealer license must be accompanied by a nonrefundable
13.8 	application fee of $50 $150.
13.9 	(b) If an application for renewal of a pesticide dealer
13.10 	license is not filed before January 1 of the year for which the
13.11 	license is to be issued, an additional fee of $20 must be paid
13.12 	by the applicant before the license is issued.

13.13 	Sec. 19. Minnesota Statutes 2004, section 18B.315,
13.14 	subdivision 6, is amended to read:
13.15 		Subd. 6.Fees.  (a) An applicant for an aquatic pest
13.16 	control license for a business must pay a nonrefundable
13.17 	application fee of $100 $200.  An employee of a licensed
13.18 	business must pay a nonrefundable application fee of $50 for an
13.19 	individual aquatic pest control license.
13.20 	(b) An application received after expiration of the aquatic
13.21 	pest control license is subject to a penalty of 50 percent of
13.22 	the application fee.
13.23 	(c) An applicant that meets renewal requirements by
13.24 	reexamination instead of attending workshops must pay the
13.25 	equivalent workshop fee for the reexamination as determined by
13.26 	the commissioner.

13.27 	Sec. 20. Minnesota Statutes 2004, section 18B.32,
13.28 	subdivision 6, is amended to read:
13.29 		Subd. 6.Fees.  (a) An applicant for a structural pest
13.30 	control license for a business must pay a nonrefundable
13.31 	application fee of $100 $200.  An employee of a licensed
13.32 	business must pay a nonrefundable application fee of $50 for an
13.33 	individual structural pest control license.
13.34 	(b) An application received after expiration of the
13.35 	structural pest control license is subject to a penalty fee of
13.36 	50 percent of the application fee.
14.1 	(c) An applicant that meets renewal requirements by
14.2 	reexamination instead of attending workshops must pay the
14.3 	equivalent workshop fee for the reexamination as determined by
14.4 	the commissioner.

14.5 	Sec. 21. Minnesota Statutes 2004, section 18B.33,
14.6 	subdivision 7, is amended to read:
14.7 		Subd. 7.Application fees.  (a) A person initially
14.8 	applying for or renewing a commercial applicator license must
14.9 	pay a nonrefundable application fee of $50.
14.10 	(b) If A license renewal application is not filed
14.11 	before received after March 1 of in the year for which the
14.12 	license is to be issued, an additional is subject to a penalty
14.13 	fee of $10 must be paid before the commercial applicator 50
14.14 	percent of the application fee.  The penalty fee must be paid
14.15 	before the renewal license may be issued.
14.16 	(c) An application for a duplicate commercial applicator
14.17 	license must be accompanied by a nonrefundable application fee
14.18 	of $10.

14.19 	Sec. 22. Minnesota Statutes 2004, section 18B.34,
14.20 	subdivision 5, is amended to read:
14.21 		Subd. 5.Fees.  (a) A person initially applying for or
14.22 	renewing a noncommercial applicator license must pay a
14.23 	nonrefundable application fee of $50, except an applicant who is
14.24 	a government or a Minnesota Conservation Corps employee who uses
14.25 	pesticides in the course of performing official duties must pay
14.26 	a nonrefundable application fee of $10.
14.27 	(b) If an A license renewal application for renewal of a
14.28 	noncommercial license is not filed before received after March 1
14.29 	in the year for which the license is to be issued, an additional 
14.30 	is subject to a penalty fee of $10 must be paid before the 50
14.31 	percent of the application fee.  The penalty fee must be paid
14.32 	before the renewal license may be issued.
14.33 	(c) An application for a duplicate noncommercial applicator
14.34 	license must be accompanied by a nonrefundable application fee
14.35 	of $10.

14.36 	Sec. 23. Minnesota Statutes 2004, section 18C.141,
15.1 	subdivision 1, is amended to read:
15.2 		Subdivision 1.Program establishment.  The commissioner
15.3 	shall establish a program voluntary programs to certify the
15.4 	accuracy of analyses from soil and manure testing laboratories
15.5 	and promote standardization of soil and manure testing
15.6 	procedures and analytical results.

15.7 	Sec. 24. Minnesota Statutes 2004, section 18C.141,
15.8 	subdivision 3, is amended to read:
15.9 		Subd. 3.Analyses reporting standards.  (a) The results
15.10 	obtained from soil, manure, or plant analysis must be reported
15.11 	in accordance with standard reporting units established by the
15.12 	commissioner by rule.  The standard reporting units must conform
15.13 	as far as practical to uniform standards that are adopted on a
15.14 	regional or national basis.
15.15 	(b) If a certified laboratory offers a recommendation for
15.16 	use in Minnesota, the University of Minnesota recommendation or
15.17 	that of another land grant college in a contiguous state must be
15.18 	offered in addition to other recommendations, and the source of
15.19 	the recommendation must be identified on the recommendation
15.20 	form.  If relative levels such as low, medium, or high are
15.21 	presented to classify the analytical results, the corresponding
15.22 	relative levels based on the analysis as designated by the
15.23 	University of Minnesota or the land grant college in a
15.24 	contiguous state must also be presented.

15.25 	Sec. 25. Minnesota Statutes 2004, section 18C.141,
15.26 	subdivision 5, is amended to read:
15.27 		Subd. 5.certification fees.  (a) The commissioner may
15.28 	charge the actual costs for check sample preparation and
15.29 	shipping.
15.30 	(b) A laboratory applying for certification shall pay an
15.31 	application fee of $100 and a certification fee of $100 before
15.32 	the certification is issued may be charged a nonrefundable
15.33 	certification fee to cover the actual costs for administration
15.34 	of the program.
15.35 	(b) (c) Certification is valid for one year and the renewal
15.36 	fee is $100.  The commissioner shall charge an additional
16.1 	application fee of $100 if a certified laboratory allows
16.2 	certification to lapse before applying for renewed certification 
16.3 	renewable on an annual basis.
16.4 	(c) The commissioner shall notify a certified lab that its
16.5 	certification lapses within 30 to 60 days of the date when the
16.6 	certification lapses.
16.7 	(d) The commissioner may accept donations to support the
16.8 	development and operation of soil and manure programs.
16.9 	(e) Revenues under this section are deposited in the
16.10 	fertilizer account of the agricultural fund.

16.11 	Sec. 26. Minnesota Statutes 2004, section 18C.425,
16.12 	subdivision 6, is amended to read:
16.13 		Subd. 6.Inspection fees.  The person responsible for
16.14 	payment of the inspection fees for fertilizers, soil amendments,
16.15 	or plant amendments sold and used in this state must pay an
16.16 	inspection fee of 15 30 cents per ton of fertilizer, soil
16.17 	amendment, and plant amendment sold or distributed in this
16.18 	state, with a minimum of $10 on all tonnage reports.  Products
16.19 	sold or distributed to manufacturers or exchanged between them
16.20 	are exempt from the inspection fee imposed by this subdivision
16.21 	if the products are used exclusively for manufacturing purposes.

16.22 	Sec. 27. Minnesota Statutes 2004, section 18E.03,
16.23 	subdivision 2, is amended to read:
16.24 		Subd. 2.Expenditures.  (a) Money in the agricultural
16.25 	chemical response and reimbursement account may only be used:
16.26 	(1) to pay for the commissioner's responses to incidents
16.27 	under chapters 18B, 18C, and 18D that are not eligible for
16.28 	payment under section 115B.20, subdivision 2;
16.29 	(2) to pay for emergency responses that are otherwise
16.30 	unable to be funded;
16.31 	(3) to reimburse and pay corrective action costs under
16.32 	section 18E.04; and
16.33 	(4) by the board to reimburse the commissioner for board
16.34 	staff and other administrative costs up to $175,000 $225,000 per
16.35 	fiscal year.
16.36 	(b) Money in the agricultural chemical response and
17.1 	reimbursement account is appropriated to the commissioner to
17.2 	make payments as provided in this subdivision.

17.3 	Sec. 28. Minnesota Statutes 2004, section 18G.03,
17.4 	subdivision 1, is amended to read:
17.5 		Subdivision 1.Entry and inspection.  (a) The
17.6 	commissioner may enter and inspect a public or private place
17.7 	that might harbor plant pests and may require that the owner
17.8 	destroy or treat plant pests, plants, or other material.
17.9 	(b) If the owner fails to properly comply with a directive
17.10 	of the commissioner, the commissioner may have any necessary
17.11 	work done at the owner's expense.  The commissioner shall notify
17.12 	the owner of the deadline for paying those expenses.  If the
17.13 	owner does not reimburse the commissioner for an expense within
17.14 	a time specified by the commissioner, the expense is a charge
17.15 	upon the county as provided in subdivision 4.
17.16 	(c) If a dangerous harmful plant pest infestation or
17.17 	infection threatens plants of an area in the state, the
17.18 	commissioner may take any measures necessary to eliminate or
17.19 	alleviate the danger potential significant damage or harm.
17.20 	(d) The commissioner may collect fees required by this
17.21 	chapter.
17.22 	(e) The commissioner may issue and enforce a written or
17.23 	printed "stop-sale" order orders, compliance agreements, and
17.24 	other directives and requests to the owner or custodian of any
17.25 	plants or articles infested or infected with dangerously
17.26 	injurious a harmful plant pests pest.

17.27 	Sec. 29. Minnesota Statutes 2004, section 18G.10,
17.28 	subdivision 5, is amended to read:
17.29 		Subd. 5.Certificate fees.  (a) The commissioner shall
17.30 	assess the fees in paragraphs (b) to (f) for the inspection,
17.31 	service, and work performed in carrying out the issuance of a
17.32 	phytosanitary certificate or export certificate.  The inspection
17.33 	fee must be based on mileage and inspection time.
17.34 	(b) Mileage charge:  current United States Internal Revenue
17.35 	Service mileage rate.
17.36 	(c) Inspection time:  $50 per hour minimum or fee necessary
18.1 	to cover department costs.  Inspection time includes the driving
18.2 	time to and from the location in addition to the time spent
18.3 	conducting the inspection.
18.4 	(d) A fee must be charged for any certificate issued that
18.5 	requires laboratory analysis before issuance.  The fee must be
18.6 	deposited into the laboratory account as authorized in section
18.7 	17.85.If laboratory analysis or other technical analysis is
18.8 	required to issue a certificate, the commissioner must set and
18.9 	collect the fee to recover this additional cost.
18.10 	(e) Certificate fee for product value greater than $250:
18.11 	$75 for each phytosanitary or export certificate issued for any
18.12 	single shipment valued at more than $250 in addition to any
18.13 	mileage or inspection time charges that are assessed.
18.14 	(f) Certificate fee for product value less than $250:  $25
18.15 	for each phytosanitary or export certificate issued for any
18.16 	single shipment valued at less than $250 in addition to any
18.17 	mileage or inspection time charges that are assessed.
18.18 	(g) For services provided for in subdivision 7 that are
18.19 	goods and services provided for the direct and primary use of a
18.20 	private individual, business, or other entity, the commissioner
18.21 	must set and collect the fees to cover the cost of the services
18.22 	provided.

18.23 	Sec. 30. Minnesota Statutes 2004, section 18G.10,
18.24 	subdivision 7, is amended to read:
18.25 		Subd. 7.plant protection inspections,supplemental,
18.26 	additional, or other certificates,and permits, and fees.  (a)
18.27 	The commissioner may provide inspection, sampling, or
18.28 	certification services to ensure that Minnesota plant products
18.29 	or commodities meet import requirements of other states or
18.30 	countries.
18.31 	(b) The state plant regulatory official may issue permits
18.32 	and certificates verifying that various Minnesota agricultural
18.33 	products or commodities meet specified phytosanitary plant
18.34 	health requirements, treatment requirements, or pest absence
18.35 	assurances based on determinations by the commissioner. The
18.36 	commissioner may collect fees sufficient to recover costs for
19.1 	these permits or certificates.  The fees must be deposited in
19.2 	the nursery and phytosanitary account.

19.3 	Sec. 31. Minnesota Statutes 2004, section 18H.02, is
19.4 	amended by adding a subdivision to read:
19.5 		Subd. 12a.Individual. "Individual" means a human being.

19.6 	Sec. 32. Minnesota Statutes 2004, section 18H.02,
19.7 	subdivision 21, is amended to read:
19.8 		Subd. 21.Nursery stock broker.  "Nursery stock broker"
19.9 	means a nursery stock dealer engaged in the business of selling
19.10 	or reselling certified nursery stock as a business transaction
19.11 	without taking ownership or handling the nursery stock.

19.12 	Sec. 33. Minnesota Statutes 2004, section 18H.02,
19.13 	subdivision 22, is amended to read:
19.14 		Subd. 22.Nursery stock dealer.  "Nursery stock dealer"
19.15 	means a person involved in the acquisition and further
19.16 	distribution of certified nursery stock; the utilization of
19.17 	certified nursery stock for landscaping or purchase of certified 
19.18 	nursery stock for other persons; or the distribution
19.19 	of certified nursery stock with a mechanical digger, commonly
19.20 	known as a tree spade, or by any other means.  A person who
19.21 	purchases more than half of the certified nursery stock offered
19.22 	for sale at a sales location during the current certificate year
19.23 	is considered a nursery stock dealer rather than a nursery stock
19.24 	grower for the purposes of determining a proper fee schedule.
19.25 	Nursery stock brokers, landscapers, and tree spade operators are
19.26 	considered nursery stock dealers for purposes of determining
19.27 	proper certification.

19.28 	Sec. 34. Minnesota Statutes 2004, section 18H.02,
19.29 	subdivision 23, is amended to read:
19.30 		Subd. 23.Nursery stock grower.  "Nursery stock grower"
19.31 	includes, but is not limited to, a person who raises, grows, or
19.32 	propagates nursery stock, outdoors or indoors.  A person who
19.33 	grows more than half of the certified nursery stock offered for
19.34 	sale at a sales location during the current certificate year is
19.35 	considered a nursery stock grower for the purpose of determining
19.36 	a proper fee schedule.

20.1 	Sec. 35. Minnesota Statutes 2004, section 18H.02,
20.2 	subdivision 32, is amended to read:
20.3 		Subd. 32.Sales location.  "Sales location" means a fixed
20.4 	location from which certified nursery stock is displayed or
20.5 	distributed.

20.6 	Sec. 36. Minnesota Statutes 2004, section 18H.02,
20.7 	subdivision 34, is amended to read:
20.8 		Subd. 34.Tree spade operator.  "Tree spade operator"
20.9 	means a nursery stock dealer person who uses a tree spade to dig
20.10 	nursery stock and sells , sell, offers offer for sale,
20.11 	distributes distribute, and transports or transport certified
20.12 	nursery stock.

20.13 	Sec. 37. Minnesota Statutes 2004, section 18H.05, is
20.14 	amended to read:
20.15 	18H.05 NURSERY CERTIFICATE REQUIREMENTS.
20.16 	(a) No person may offer for sale or distribute certified 
20.17 	nursery stock as a nursery stock grower or dealer without first
20.18 	obtaining the appropriate nursery stock certificate from the
20.19 	commissioner. The commissioner may not issue a certificate to a
20.20 	person who does not sell certified nursery stock.Certificates
20.21 	are issued solely for these purposes and may not be used for
20.22 	other purposes.
20.23 	(b) A certificate issued by the commissioner expires on
20.24 	December 31 of the year it is issued.
20.25 	(c) A person required to be certified by this section must
20.26 	apply for a certificate or for renewal on a form furnished by
20.27 	the commissioner which must contain:
20.28 	(1) the name and address of the applicant, the number of
20.29 	locations to be operated by the applicant and their addresses,
20.30 	and the assumed business name of the applicant;
20.31 	(2) if other than an individual, a statement whether a
20.32 	person is a partnership, corporation, or other organization; and 
20.33 	(3) the type of business to be operated and, if the
20.34 	applicant is an agent, the principals the applicant represents;
20.35 	and 
20.36 	(4) source or sources of purchased nursery stock.
21.1 	(d) No person may:
21.2 	(1) falsely claim to be a certified dealer, grower, broker,
21.3 	or agent; or 
21.4 	(2) make willful false statements when applying for a
21.5 	certificate; or 
21.6 	(3) sell or distribute certified nursery stock to an
21.7 	uncertified nursery stock dealer or nursery stock grower.
21.8 	(e) Each application for a certificate must be accompanied
21.9 	by the appropriate certificate fee under section 18H.07.
21.10 	(f) Certificates issued by the commissioner must be
21.11 	prominently displayed to the public in the place of business
21.12 	where certified nursery stock is sold or distributed.
21.13 	(g) The commissioner may refuse to issue a certificate for
21.14 	cause.
21.15 	(h) Each grower or dealer is entitled to one sales location
21.16 	under the certificate of the grower or dealer.  Each additional
21.17 	sales location maintained by the person requires the payment of
21.18 	the full certificate fee for each additional sales outlet.
21.19 	(i) A grower who is also a dealer is certified only as a
21.20 	grower for that specific site.
21.21 	(j) A certificate is personal to the applicant and may not
21.22 	be transferred.  A new certificate is necessary if the business
21.23 	entity is changed or if the membership of a partnership is
21.24 	changed, whether or not the business name is changed.
21.25 	(k) The certificate issued to a dealer or grower applies to
21.26 	the particular premises named in the certificate.  However, if
21.27 	prior approval is obtained from the commissioner, the place of
21.28 	business may be moved to the other premises or location without
21.29 	an additional certificate fee.
21.30 	(l) A collector of nursery stock from the wild is required
21.31 	to obtain a dealer's certificate from the commissioner and is
21.32 	subject to all the requirements that apply to the inspection of
21.33 	nursery stock.  All collected nursery stock must be labeled as
21.34 	"collected from the wild."

21.35 	Sec. 38. Minnesota Statutes 2004, section 18H.06, is
21.36 	amended to read:
22.1 	18H.06 EXEMPT NURSERY SALES.
22.2 		Subdivision 1.Not-for-profit sales. An organization or
22.3 	individual may offer for sale certified nursery stock and be
22.4 	exempt from the requirement to obtain a nursery stock dealer
22.5 	certificate if sales are conducted by a nonprofit charitable,
22.6 	educational, or religious organization that:
22.7 	(1) conducts sales or distributions of certified nursery
22.8 	stock on 14 ten or fewer days in a calendar year; and
22.9 	(2) uses the proceeds from its certified nursery stock
22.10 	sales or distribution for charitable, educational, or religious
22.11 	purposes.
22.12 		Subd. 2.nursery hobbyist occasional sales. (a) An
22.13 	organization or individual may offer nursery stock for sale and
22.14 	be exempt from the requirement to obtain a nursery stock dealer
22.15 	certificate if:
22.16 	(1) the gross sales of all nursery stock in a calendar year
22.17 	do not exceed $2,000;
22.18 	(2) all nursery stock sold or distributed by the hobbyist 
22.19 	individual is intended for planting in Minnesota; and 
22.20 	(3) all nursery stock purchased or procured for resale or
22.21 	distribution was grown in Minnesota and has been certified by
22.22 	the commissioner; and 
22.23 	(4) conducts sales or distributions of nursery stock on ten
22.24 	or fewer days in a calendar year.
22.25 	(b) The commissioner may prescribe the conditions of the
22.26 	exempt nursery sales under this subdivision and may conduct
22.27 	routine inspections of the nursery stock offered for sale.

22.28 	Sec. 39. Minnesota Statutes 2004, section 18H.07,
22.29 	subdivision 1, is amended to read:
22.30 		Subdivision 1.Establishment of fees.  The commissioner
22.31 	shall establish fees sufficient to allow for the administration
22.32 	and enforcement of this chapter and rules adopted under this
22.33 	chapter, including the portion of general support costs and
22.34 	statewide indirect costs of the agency attributable to that
22.35 	function, with a reserve sufficient for up to six months.  The
22.36 	commissioner shall review the fee schedule annually in
23.1 	consultation with the Minnesota Nursery and Landscape Advisory
23.2 	Committee.  For the certificate year beginning January 1, 2004 
23.3 	2006, the fees are as described in this section.

23.4 	Sec. 40. Minnesota Statutes 2004, section 18H.07,
23.5 	subdivision 2, is amended to read:
23.6 		Subd. 2.Nursery stock grower certificate.  (a) A nursery
23.7 	stock grower must pay an annual fee based on the area of all
23.8 	acreage on which nursery stock is grown for certification as
23.9 	follows:
23.10 	(1) less than one-half acre, $150;
23.11 	(2) from one-half acre to two acres, $200;
23.12 	(3) over two acres up to five acres, $300;
23.13 	(4) over five acres up to ten acres, $350;
23.14 	(5) over ten acres up to 20 acres, $500;
23.15 	(6) over 20 acres up to 40 acres, $650;
23.16 	(7) over 40 acres up to 50 acres, $800;
23.17 	(8) over 50 acres up to 200 acres, $1,100;
23.18 	(9) over 200 acres up to 500 acres, $1,500; and
23.19 	(10) over 500 acres, $1,500 plus $2 for each additional
23.20 	acre.
23.21 	(b) In addition to the fees in paragraph (a), a penalty of
23.22 	ten percent of the fee due must be charged for each month, or
23.23 	portion thereof,that the fee is delinquent up to a maximum of
23.24 	30 percent for any application for renewal not received by
23.25 	January 1 of the year following expiration of a certificate.

23.26 	Sec. 41. Minnesota Statutes 2004, section 18H.07,
23.27 	subdivision 3, is amended to read:
23.28 		Subd. 3.Nursery stock dealer certificate.  (a) A nursery
23.29 	stock dealer must pay an annual fee based on the dealer's gross
23.30 	sales of certified nursery stock per location during the
23.31 	preceding most recent certificate year.  A certificate applicant
23.32 	operating for the first time must pay the minimum fee.  The fees
23.33 	per sales location are:
23.34 	(1) gross sales up to $20,000 $5,000, $150;
23.35 	(2) gross sales over $20,000 $5,000 up to $100,000 $20,000,
23.36 	$175;
24.1 	(3) gross sales over $100,000 $20,000 up to
24.2 	$250,000 $50,000, $300;
24.3 	(4) gross sales over $250,000 $50,000 up to
24.4 	$500,000 $75,000, $425;
24.5 	(5) gross sales over $500,000 $75,000 up to
24.6 	$1,000,000 $100,000, $550;
24.7 	(6) gross sales over $1,000,000 $100,000 up to
24.8 	$2,000,000 $200,000, $675; and
24.9 	(7) gross sales over $2,000,000 $200,000, $800.
24.10 	(b) In addition to the fees in paragraph (a), a penalty of
24.11 	ten percent of the fee due must be charged for each month, or
24.12 	portion thereof,that the fee is delinquent up to a maximum of
24.13 	30 percent for any application for renewal not received by
24.14 	January 1 of the year following expiration of a certificate.

24.15 	Sec. 42. Minnesota Statutes 2004, section 18H.09, is
24.16 	amended to read:
24.17 	18H.09 NURSERY INSPECTIONS REQUIRED STOCK CERTIFICATION
24.18 	REQUIREMENTS.
24.19 	(a) All nursery stock growing at sites in Minnesota must
24.20 	have had an identified by nursery stock growers and submitted
24.21 	for inspection must be inspected by the commissioner during 
24.22 	within the previous 12 months prior to sale and found apparently
24.23 	free from quarantine and regulated nonquarantine pests as well
24.24 	as significantly dangerous or potentially damaging plant pests.
24.25 	The commissioner may waive a site inspection under the following
24.26 	conditions:
24.27 	(1) the nursery stock is not going to be sold within 12
24.28 	months;
24.29 	(2) the nursery stock will not be moved out of Minnesota;
24.30 	and 
24.31 	(3) the nursery site or stock is not subject to
24.32 	certification requirements associated with a state or federally
24.33 	regulated or quarantined plant pest.
24.34 	All nursery stock originating from out of state and offered
24.35 	for sale in Minnesota must have been inspected by the
24.36 	appropriate state or federal agency during the previous 12
25.1 	months and found free from quarantine and regulated
25.2 	nonquarantine pests as well as significantly dangerous or
25.3 	potentially damaging plant pests.  A nursery stock certificate
25.4 	is valid from January 1 to December 31.
25.5 	(b) Nursery stock must be accessible to the commissioner
25.6 	for inspection during regular business hours.  Weeds or other
25.7 	growth that hinder a proper inspection are grounds to suspend or
25.8 	withhold a certificate or require a reinspection.
25.9 	(c) Inspection reports issued to growers must contain a
25.10 	list of the plant pests found at the time of inspection.
25.11 	Withdrawal-from-distribution orders are considered part of the
25.12 	inspection reports.  A withdrawal-from-distribution order must
25.13 	contain a list of plants withdrawn from distribution and the
25.14 	location of the plants.
25.15 	(d) The commissioner may post signs to delineate sections
25.16 	withdrawn from distribution.  These signs must remain in place
25.17 	until the commissioner removes them or grants written permission
25.18 	to the grower to remove the signs.
25.19 	(e) Inspection reports issued to dealers must outline the
25.20 	violations involved and corrective actions to be taken including
25.21 	withdrawal-from-distribution orders which would specify nursery
25.22 	stock that could not be distributed from a certain area.
25.23 	(f) Optional inspections of plants may be conducted by the
25.24 	commissioner upon request by any persons desiring an
25.25 	inspection.  A fee as provided in section 18H.07 must be charged
25.26 	for such an inspection.

25.27 	Sec. 43. Minnesota Statutes 2004, section 18H.13,
25.28 	subdivision 1, is amended to read:
25.29 		Subdivision 1.labeling identification of
25.30 	origin. Plants, plant materials, or nursery stock distributed
25.31 	into Minnesota must be conspicuously labeled on the exterior
25.32 	with the name of the consignor, the state of origin, and the
25.33 	name of the consignee and must be accompanied by certification
25.34 	documents to satisfy all applicable state and federal
25.35 	quarantines.Proof of valid nursery certification and origin of
25.36 	all nursery stock must also accompany the shipment.  It is the
26.1 	shared responsibility of both the consignee and consignor to
26.2 	examine all shipments for the presence of current and applicable
26.3 	nursery stock certifications for all plant material from all
26.4 	sources of stock in each shipment.

26.5 	Sec. 44. Minnesota Statutes 2004, section 18H.15, is
26.6 	amended to read:
26.7 	18H.15 VIOLATIONS.
26.8 	(a) A person who offers to distribute nursery stock that is
26.9 	uncertified, uninspected, or falsely labeled or advertised
26.10 	possesses an illegal regulated commodity that is considered
26.11 	infested or infected with harmful plant pests and subject to
26.12 	regulatory action and control.  If the commissioner determines
26.13 	that the provisions of this section have been violated, the
26.14 	commissioner may order the destruction of all of the plants
26.15 	unless the person:
26.16 	(1) provides proper phytosanitary preclearance,
26.17 	phytosanitary certification, or nursery stock certification;
26.18 	(2) agrees to have the plants, plant materials, or nursery
26.19 	stock returned to the consignor; and
26.20 	(3) provides proper documentation, certification, or
26.21 	compliance to support advertising claims.
26.22 	(b) The plant owner is liable for all costs associated with
26.23 	a withdrawal-from-distribution order or the quarantine,
26.24 	treatment, or destruction of plants.  The commissioner is not
26.25 	liable for actual or incidental costs incurred by a person due
26.26 	to the commissioner's actions.  The commissioner must be
26.27 	reimbursed by the owner of the plants for the actual expenses
26.28 	incurred in carrying out a withdrawal-from-distribution order or
26.29 	the quarantine, treatment, or destruction of any plants.
26.30 	(c) It is unlawful for a person to:
26.31 	(1) misrepresent, falsify, or knowingly distribute, sell,
26.32 	advertise, or display damaged, mislabeled, misrepresented,
26.33 	infested, or infected nursery stock;
26.34 	(2) fail to obtain a nursery certificate as required by the
26.35 	commissioner;
26.36 	(3) fail to renew a nursery certificate, but continue
27.1 	business operations;
27.2 	(4) fail to display a nursery certificate;
27.3 	(5) misrepresent or falsify a nursery certificate;
27.4 	(6) refuse to submit to a nursery inspection;
27.5 	(7) fail to provide the cooperation necessary to conduct a
27.6 	successful nursery inspection;
27.7 	(8) offer for sale uncertified plants, plant materials, or
27.8 	nursery stock;
27.9 	(9) possess an illegal regulated commodity;
27.10 	(10) violate or disobey a commissioner's order;
27.11 	(11) violate a quarantine issued by the commissioner;
27.12 	(12) fail to obtain phytosanitary certification for plant
27.13 	material or nursery stock brought into Minnesota;
27.14 	(13) deface, mutilate, or destroy a nursery stock
27.15 	certificate, phytosanitary certificate, or phytosanitary
27.16 	preclearance certificate, or other commissioner mark, permit, or
27.17 	certificate;
27.18 	(14) fail to notify the commissioner of an uncertified
27.19 	shipment of plants, plant materials, or nursery stock; or 
27.20 	(15) transport uncertified plants, plant materials, or
27.21 	nursery stock in Minnesota; or 
27.22 	(16) sell nursery stock to an uncertified nursery stock
27.23 	dealer.

27.24 	Sec. 45. Minnesota Statutes 2004, section 18H.18,
27.25 	subdivision 1, is amended to read:
27.26 		Subdivision 1.Restrictions on collecting.  No person
27.27 	shall distribute the state flower (Cypripedium reginae), or any
27.28 	species of lady slipper (Cypripedieae) orchids
27.29 	(Orchidaceae), any member of the orchid family,any gentian
27.30 	(Gentiana), arbutus (Epigaea repens), lilies (Lilium species ),
27.31 	coneflowers (Echinacea species ), bloodroot (Sanguinaria
27.32 	canadensis), mayapple (Podophyllum peltatutum), any species of
27.33 	trillium (Trillium species), or lotus (Nelumbo lutea), which
27.34 	have been collected in any manner from any public or private
27.35 	property without the written permission of the property owner
27.36 	and written authorization from the commissioner.

28.1 	Sec. 46. Minnesota Statutes 2004, section 19.64,
28.2 	subdivision 1, is amended to read:
28.3 		Subdivision 1.Registration.  Every person who owns,
28.4 	leases, or possesses colonies of bees or who intends to bring
28.5 	bees into the state under an entry permit shall register the
28.6 	bees with the commissioner on or before April 15 June 1 of each
28.7 	year or within 15 days of entry into Minnesota or taking
28.8 	possession of hives, whichever comes first.  The registration
28.9 	application shall include the name and address of the applicant,
28.10 	a description of the exact location of each of the applicant's
28.11 	apiaries by county, township, range and quarter section, and
28.12 	other information required by the commissioner.  The fee for
28.13 	registration under this subdivision is $10 $25 for beekeepers
28.14 	with fewer than 50 colonies and $50 for beekeepers with 50 or
28.15 	more colonies maintained in the state. The commissioner shall
28.16 	provide registered beekeepers with the Minnesota pest report.
28.17 	The registration required by this section is not transferable.
28.18 	At least one colony in each location must be plainly and legibly
28.19 	marked with the owner's name and telephone number and address,
28.20 	and other information required by the commissioner.  The
28.21 	department shall provide information on colony locations as
28.22 	reported on the registrations on an Internet Web site or through
28.23 	other appropriate measures.

28.24 	Sec. 47. Minnesota Statutes 2004, section 25.341,
28.25 	subdivision 2, is amended to read:
28.26 		Subd. 2.Application; fee; term.  A person who is
28.27 	required to have a commercial feed license shall submit an
28.28 	application on a form provided or approved by the commissioner
28.29 	accompanied by a license fee of $25 paid to the commissioner for
28.30 	each facility location. A license is not transferable from one
28.31 	person to another, from one ownership to another, or from one
28.32 	location to another.The license year is the calendar year.  A
28.33 	license expires on December 31 of the year for which it is
28.34 	issued, except that a license is valid through January 31 of the
28.35 	next year or until the issuance of the renewal license,
28.36 	whichever comes first, if the licensee has filed a renewal
29.1 	application with the commissioner on or before December 31 of
29.2 	the year for which the current license was issued. A new
29.3 	applicant who Any person who is required to have, but fails to
29.4 	obtain a license within 15 working days of notification of the
29.5 	requirement to obtain a license,or a licensee who fails to
29.6 	comply with license renewal requirements, shall pay a $50 late
29.7 	fee in addition to the license fee. The commissioner may issue
29.8 	a withdrawal from distribution order on any commercial feed that
29.9 	an unlicensed person produces or distributes in the state until
29.10 	a license is issued.

29.11 	Sec. 48. [25.342] CERTIFICATES, FREE SALE.
29.12 	A nonrefundable application fee of $25 must accompany all
29.13 	free sale certificate requests to facilitate the movement of
29.14 	Minnesota processed and manufactured feeds destined for export
29.15 	from the state.  Each label submitted for review must be
29.16 	accompanied by a nonrefundable $50 application fee.

29.17 	Sec. 49. Minnesota Statutes 2004, section 25.39,
29.18 	subdivision 1, is amended to read:
29.19 		Subdivision 1.Amount of fee.  (a) An inspection fee at
29.20 	the rate of 16 cents per ton must be paid to the commissioner on
29.21 	commercial feeds distributed in this state by the person who
29.22 	first distributes the commercial feed, except that:
29.23 	(1) no fee needs to need be paid on:
29.24 	(1) (i) a commercial feed if the payment has been made by a
29.25 	previous distributor; or 
29.26 	(2) (ii) customer formula feeds if the inspection fee is
29.27 	paid on the commercial feeds which are used as ingredients; or
29.28 	(3) commercial feeds used as ingredients for the
29.29 	manufacture of commercial feeds if the fee has been paid by a
29.30 	previous distributor.  If the fee has already been paid, credit
29.31 	must be given for that payment.(2) a Minnesota feed distributor
29.32 	who distributes can substantiate that greater than 50 percent of
29.33 	the distribution of commercial feed is to purchasers outside the
29.34 	state may purchase commercial feeds,without payment by any
29.35 	person of the inspection fee required on those purchases,under
29.36 	a tonnage fee exemption permit issued by the commissioner.  Such
30.1 	location specific permits shall only be issued on a calendar
30.2 	year basis to commercial feed distributors who submit a $100
30.3 	nonrefundable application fee and comply with rules adopted by
30.4 	the commissioner relative to record keeping, tonnage of
30.5 	commercial feed distributed in Minnesota, total of all
30.6 	commercial feed tonnage distributed, and all other information
30.7 	which the commissioner may require so as to ensure that proper
30.8 	inspection fee payment has been made.
30.9 	(b) In the case of pet food distributed in the state only
30.10 	in packages of ten pounds or less, a listing of each product and
30.11 	a current label for each product must be submitted annually on
30.12 	forms provided by the commissioner and accompanied by an annual
30.13 	fee of $50 for each product in lieu of the inspection fee.  This
30.14 	annual fee is due by July 1.  The inspection fee required by
30.15 	paragraph (a) applies to pet food distributed in packages
30.16 	exceeding ten pounds.
30.17 	(c) In the case of specialty pet food distributed in the
30.18 	state only in packages of ten pounds or less, a listing of each
30.19 	product and a current label for each product must be submitted
30.20 	annually on forms provided by the commissioner and accompanied
30.21 	by an annual fee of $25 for each product in lieu of the
30.22 	inspection fee.  This annual fee is due by July 1.  The
30.23 	inspection fee required by paragraph (a) applies to specialty
30.24 	pet food distributed in packages exceeding ten pounds.
30.25 	(d) The minimum inspection fee is $10 per annual reporting
30.26 	period.

30.27 	Sec. 50. Minnesota Statutes 2004, section 25.39,
30.28 	subdivision 4, is amended to read:
30.29 		Subd. 4.Commercial feed inspection account.  A
30.30 	commercial feed inspection account is established in the
30.31 	agricultural fund.  Fees and penalties collected under sections
30.32 	25.35 to 25.43this chapter and interest attributable to money
30.33 	in the account must be deposited in the agricultural fund and
30.34 	credited to the commercial feed inspection account.  Money in
30.35 	the account, including interest earned, is appropriated to the
30.36 	commissioner for the administration and enforcement of sections
31.1 	25.341 to 25.43this chapter.

31.2 	Sec. 51. Minnesota Statutes 2004, section 31.94, is
31.3 	amended to read:
31.4 	31.94 COMMISSIONER DUTIES.
31.5 	(a) In order to promote opportunities for organic
31.6 	agriculture in Minnesota, the commissioner shall:
31.7 	(1) survey producers and support services and organizations
31.8 	to determine information and research needs in the area of
31.9 	organic agriculture practices;
31.10 	(2) work with the University of Minnesota to demonstrate
31.11 	the on-farm applicability of organic agriculture practices to
31.12 	conditions in this state;
31.13 	(3) direct the programs of the department so as to work
31.14 	toward the promotion of organic agriculture in this state;
31.15 	(4) inform agencies of how state or federal programs could
31.16 	utilize and support organic agriculture practices; and
31.17 	(5) work closely with producers, the University of
31.18 	Minnesota, the Minnesota Trade Office, and other appropriate
31.19 	organizations to identify opportunities and needs as well as
31.20 	ensure coordination and avoid duplication of state agency
31.21 	efforts regarding research, teaching, marketing, and extension
31.22 	work relating to organic agriculture.
31.23 	(b) By November 15 of each even-numbered year the
31.24 	commissioner, in conjunction with the task force created in
31.25 	paragraph (c), shall report on the status of organic agriculture
31.26 	in Minnesota to the legislative policy and finance committees
31.27 	and divisions with jurisdiction over agriculture.  The report
31.28 	must include:
31.29 	(1) a description of current state or federal programs
31.30 	directed toward organic agriculture, including significant
31.31 	results and experiences of those programs;
31.32 	(2) a description of specific actions the department of
31.33 	agriculture is taking in the area of organic agriculture,
31.34 	including the proportion of the department's budget spent on
31.35 	organic agriculture;
31.36 	(3) a description of current and future research needs at
32.1 	all levels in the area of organic agriculture;
32.2 	(4) suggestions for changes in existing programs or
32.3 	policies or enactment of new programs or policies that will
32.4 	affect organic agriculture;
32.5 	(5) a description of market trends and potential for
32.6 	organic products;
32.7 	(6) available information, using currently reliable data,
32.8 	on the price received, yield, and profitability of organic
32.9 	farms, and a comparison with data on conventional farms; and
32.10 	(7) available information, using currently reliable data,
32.11 	on the positive and negative impacts of organic production on
32.12 	the environment and human health.
32.13 	(c) The commissioner shall appoint a Minnesota Organic
32.14 	Advisory Task Force to advise the commissioner on policies and
32.15 	practices to improve organic agriculture in Minnesota.  The task
32.16 	force must consist of the following residents of the state:
32.17 	(1) three farmers using organic agriculture methods;
32.18 	(2) two organic food wholesalers, retailers, or
32.19 	distributors;
32.20 	(3) one representative of organic food certification
32.21 	agencies;
32.22 	(4) two organic food processors;
32.23 	(5) one representative from the Minnesota Extension
32.24 	Service;
32.25 	(6) one representative from a Minnesota postsecondary
32.26 	research institution;
32.27 	(7) one representative from a nonprofit organization
32.28 	representing producers;
32.29 	(8) one at-large member;
32.30 	(9) one representative from the United States Department of
32.31 	Agriculture; and
32.32 	(10) one organic consumer representative.
32.33 	Terms, compensation, and removal of members are governed by
32.34 	section 15.059, subdivision 6.  The task force must meet at
32.35 	least twice each year and expires on June 30, 2005 2007.
32.36 	(d) For the purposes of expanding, improving, and
33.1 	developing production and marketing of the organic products of
33.2 	Minnesota agriculture, the commissioner may receive funds from
33.3 	state and federal sources and spend them, including through
33.4 	grants or contracts, to assist producers and processors to
33.5 	achieve certification, to conduct education or marketing
33.6 	activities, to enter into research and development partnerships,
33.7 	or to address production or marketing obstacles to the growth
33.8 	and well-being of the industry.
33.9 	(e) The commissioner may facilitate the registration of
33.10 	state organic production and handling operations including those
33.11 	exempt from organic certification according to Code of Federal
33.12 	Regulations, title 7, section 205.101, and certification agents
33.13 	operating within the state.

33.14 	EFFECTIVE DATE. This section is effective the day
33.15 	following final enactment.

33.16 	Sec. 52. Minnesota Statutes 2004, section 35.02,
33.17 	subdivision 1, is amended to read:
33.18 		Subdivision 1.Members; officers.  The board has five
33.19 	members appointed by the governor with the advice and consent of
33.20 	the senate, three of whom are producers of livestock in the
33.21 	state, and two of whom are practicing veterinarians licensed in
33.22 	Minnesota.  The dean of the College of Veterinary Medicine and
33.23 	the director of the Veterinary Diagnostic Laboratory of the
33.24 	University of Minnesota may serve as consultant consultants to
33.25 	the board without vote.  Appointments to fill unexpired terms
33.26 	must be made from the classes to which the retiring members
33.27 	belong.  The board shall elect a president and a vice-president
33.28 	from among its members and a veterinarian licensed in Minnesota
33.29 	who is not a member to be its executive director for a term of
33.30 	one year and until a successor qualifies.  The board shall set
33.31 	the duties of the director.
33.32 	
EFFECTIVE DATE. This section is effective the day
33.33 	following final enactment.

33.34 	Sec. 53. Minnesota Statutes 2004, section 35.03, is
33.35 	amended to read:
33.36 	35.03 POWERS, DUTIES, AND REPORTS.
34.1 	The board shall protect the health of Minnesota domestic
34.2 	animals and carry out the provisions of this chapter.  The board
34.3 	shall make rules necessary to protect the health of domestic
34.4 	animals.  The board shall meet at least quarterly.  Officers
34.5 	must be elected each April.  On or before November 1 of each
34.6 	year the board shall publish an annual report. The University
34.7 	of Minnesota Veterinary Diagnostic Laboratory is the official
34.8 	laboratory for the board.  At least quarterly, the director of
34.9 	the Veterinary Diagnostic Laboratory must report on the
34.10 	laboratory's activities.

34.11 	EFFECTIVE DATE. This section is effective the day
34.12 	following final enactment.

34.13 	Sec. 54. Minnesota Statutes 2004, section 35.05, is
34.14 	amended to read:
34.15 	35.05 AUTHORITY OF STATE BOARD.
34.16 	(a) The state board may quarantine or kill any domestic
34.17 	animal infected with, or which has been exposed to, a contagious
34.18 	or infectious dangerous disease if it is necessary to protect
34.19 	the health of the domestic animals of the state.
34.20 	(b) The board may regulate or prohibit the arrival in and
34.21 	departure from the state of infected or exposed animals and, in
34.22 	case of violation of any rule or prohibition, may detain any
34.23 	animal at its owner's expense.  The board may regulate or
34.24 	prohibit the importation of domestic animals which, in its
34.25 	opinion, may injure the health of Minnesota livestock.
34.26 	(c) When the governor declares an emergency under section
34.27 	35.0661,the board, through its executive director,may
34.28 	implement the United States Voluntary Johne's Disease Herd
34.29 	Status Program for Cattle assume control of such resources
34.30 	within the University of Minnesota's Veterinary Diagnostic
34.31 	Laboratory as necessary to effectively address the disease
34.32 	outbreak.  The director of the laboratory and other laboratory
34.33 	personnel must cooperate fully in performing necessary functions
34.34 	related to the outbreak or threatened outbreak.
34.35 	(d) Rules adopted by the board under authority of this
34.36 	chapter must be published in the State Register.

35.1 	EFFECTIVE DATE. This section is effective the day
35.2 	following final enactment.

35.3 	Sec. 55. [35.153] DEFINITIONS.
35.4 		Subdivision 1.Applicability. The definitions in this
35.5 	section apply to section 17.452, this section, and section
35.6 	35.155.
35.7 		Subd. 2.Cervidae. "Cervidae" means animals that are
35.8 	members of the family Cervidae and includes, but is not limited
35.9 	to, white-tailed deer, mule deer, red deer, elk, moose, caribou,
35.10 	reindeer, and muntjac.
35.11 		Subd. 3.Farmed cervidae. "Farmed cervidae" means
35.12 	cervidae that are:
35.13 	(1) raised for any purpose; and 
35.14 	(2) registered in a manner approved by the Board of Animal
35.15 	Health.
35.16 		Subd. 4.Owner. "Owner" means a person who owns or is
35.17 	responsible for the raising of farmed cervidae.
35.18 		Subd. 5.Herd. "Herd" means all cervidae:
35.19 	(1) maintained on common ground for any purpose; or 
35.20 	(2) under common ownership or supervision, geographically
35.21 	separated, but that have an interchange or movement of animals
35.22 	without regard to whether the animals are infected with or
35.23 	exposed to diseases.
35.24 	
EFFECTIVE DATE. This section is effective the day
35.25 	following final enactment.

35.26 	Sec. 56. Minnesota Statutes 2004, section 35.155, is
35.27 	amended to read:
35.28 	35.155 FARMED CERVIDAE.
35.29 		Subdivision 1.Running at large prohibited. (a) An owner
35.30 	may not allow farmed cervidae to run at large.  The owner must
35.31 	make all reasonable efforts to return escaped farmed cervidae to
35.32 	their enclosures as soon as possible.  The owner must notify the
35.33 	commissioner of natural resources of the escape of farmed
35.34 	cervidae if the farmed cervidae are not returned or captured by
35.35 	the owner within 24 hours of their escape.
35.36 	(b) An owner is liable for expenses of another person in
36.1 	capturing, caring for, and returning farmed cervidae that have
36.2 	left their enclosures if the person capturing the farmed
36.3 	cervidae contacts the owner as soon as possible.
36.4 	(c) If an owner is unwilling or unable to capture escaped
36.5 	farmed cervidae, the commissioner of natural resources may
36.6 	destroy the escaped farmed cervidae.  The commissioner of
36.7 	natural resources must allow the owner to attempt to capture the
36.8 	escaped farmed cervidae prior to destroying the farmed
36.9 	cervidae.  Farmed cervidae that are not captured by 24 hours
36.10 	after escape may be destroyed.
36.11 		Subd. 2.Wild cervidae inside confinement area. An owner
36.12 	or an employee or agent under the direction of the owner must
36.13 	destroy wild cervidae found within the owner's farmed cervidae
36.14 	confinement area.  The owner, employee, or agent must report the
36.15 	wild cervidae destroyed to a conservation officer or an employee
36.16 	of the Department of Natural Resources, Division of Wildlife,
36.17 	within 24 hours.  The wild cervidae must be disposed of as
36.18 	prescribed by the commissioner of natural resources.
36.19 		Subd. 3.Farming in native elk area. A person may not
36.20 	raise farmed red deer in the native elk area without written
36.21 	approval of the commissioner of natural resources.  The native
36.22 	elk area is the area north of U.S. Highway 2 and west of U.S.
36.23 	Highway 71 and trunk highway 72.  The commissioner of natural
36.24 	resources shall review the proposed farming operation and
36.25 	approve with any condition or deny approval based on risks to
36.26 	the native elk population.
36.27 		Subd. 4.Fencing. Farmed cervidae must be confined in a
36.28 	manner designed to prevent escape.  All perimeter fences for
36.29 	farmed cervidae must be at least 96 inches in height and be
36.30 	constructed and maintained in a way that prevents the escape of
36.31 	farmed cervidae or entry into the premises by free-roaming
36.32 	cervidae.
36.33 		Subd. 5.Disease control programs. Farmed cervidae are
36.34 	subject to this chapter and the rules of the Board of Animal
36.35 	Health in the same manner as other livestock and domestic
36.36 	animals, including provisions related to importation and
37.1 	transportation.
37.2 		Subd. 6.Identification. (a) Farmed cervidae must be
37.3 	identified by means approved by the Board of Animal Health.  The
37.4 	identification must be visible to the naked eye during daylight
37.5 	under normal conditions at a distance of 50 yards.  Newborn
37.6 	animals must be identified before December 31 of the year in
37.7 	which the animal is born or before movement from the premises,
37.8 	whichever occurs first.
37.9 	(b) The Board of Animal Health shall register farmed
37.10 	cervidae.  The owner must submit the registration request on
37.11 	forms provided by the board.  The forms must include sales
37.12 	receipts or other documentation of the origin of the cervidae.
37.13 	The board shall provide copies of the registration information
37.14 	to the commissioner of natural resources upon request.  The
37.15 	owner must keep written records of the acquisition and
37.16 	disposition of registered farmed cervidae.
37.17 		Subd. 7.Inspection. The commissioner of agriculture and
37.18 	the Board of Animal Health may inspect farmed cervidae, farmed
37.19 	cervidae facilities, and farmed cervidae records.  For each
37.20 	herd, the owner or owners must, on or before January 1, pay an
37.21 	annual inspection fee equal to $10 for each cervid in the herd
37.22 	as reflected in the most recent inventory submitted to the Board
37.23 	of Animal Health, up to a maximum fee of $100.  The commissioner
37.24 	of natural resources may inspect farmed cervidae, farmed
37.25 	cervidae facilities, and farmed cervidae records with reasonable
37.26 	suspicion that laws protecting native wild animals have been
37.27 	violated and must notify the owner in writing at the time of the
37.28 	inspection of the reason for the inspection and must inform the
37.29 	owner in writing after the inspection of whether (1) the cause
37.30 	of the inspection was unfounded; or (2) there will be an ongoing
37.31 	investigation or continuing evaluation.
37.32 		Subd. 8.Cervidae inspection account. A cervidae
37.33 	inspection account is established in the state treasury.  The
37.34 	fees collected under this section and interest attributable to
37.35 	money in the account must be deposited in the state treasury and
37.36 	credited to the cervidae inspection account in the special
38.1 	revenue fund.  Money in the account, including interest earned,
38.2 	is appropriated to the Board of Animal Health for the
38.3 	administration and enforcement of this section.
38.4 		Subd. 9.Contested case hearing. A person raising farmed
38.5 	cervidae that is aggrieved with any decision regarding the
38.6 	farmed cervidae may request a contested case hearing under
38.7 	chapter 14.
38.8 		Subd. 10.Mandatory registration. A person may not
38.9 	possess live cervidae in Minnesota unless the person is
38.10 	registered with the Board of Animal Health and meets all the
38.11 	requirements for farmed cervidae under this section.  Cervidae
38.12 	possessed in violation of this subdivision may be seized and
38.13 	destroyed by the commissioner of natural resources.
38.14 		Subd. 11.Mandatory surveillance for chronic wasting
38.15 	disease. (a) An inventory for each farmed cervidae herd must be
38.16 	verified by an accredited veterinarian and filed with the Board
38.17 	of Animal Health every 12 months.
38.18 	(b) Movement of farmed cervidae from any premises to
38.19 	another location must be reported to the Board of Animal Health
38.20 	within 14 days of the movement on forms approved by the Board of
38.21 	Animal Health.
38.22 	(c) All animals from farmed cervidae herds that are over 16
38.23 	months of age that die or are slaughtered must be tested for
38.24 	chronic wasting disease.
38.25 		Subd. 12.Importation. A person must not import cervidae
38.26 	into the state from a herd that is infected or exposed to
38.27 	chronic wasting disease or from a known chronic wasting disease
38.28 	endemic area, as determined by the board.  A person may import
38.29 	cervidae into the state only from a herd that is not in a known
38.30 	chronic wasting disease endemic area, as determined by the
38.31 	board, and the herd has been subject to a state or provincial
38.32 	approved chronic wasting disease monitoring program for at least
38.33 	three years.  Cervidae imported in violation of this section may
38.34 	be seized and destroyed by the commissioner of natural resources.
38.35 		Subd. 13.Rules. The Board of Animal Health shall adopt
38.36 	rules as necessary to implement this section and to otherwise
39.1 	provide for the control of cervidae diseases.
39.2 	
EFFECTIVE DATE. This section is effective the day
39.3 	following final enactment.

39.4 	Sec. 57. Minnesota Statutes 2004, section 38.01, is
39.5 	amended to read:
39.6 	38.01 COUNTY AGRICULTURAL SOCIETIES; FORMATION, POWERS.
39.7 	(a) An agricultural society or association may be
39.8 	incorporated by citizens of any county, or two or more counties
39.9 	jointly, but only one agricultural society shall be organized in
39.10 	any county.  An agricultural society may sue and be sued in its
39.11 	corporate name; may adopt bylaws, rules, and regulations, alter
39.12 	and amend the same; may purchase and hold, lease and control any
39.13 	real or personal property deemed to promote the objects of the
39.14 	society, and may rent, lease, sell, and convey the same.  Any
39.15 	income from the rental or lease of such the property may be used
39.16 	for any or all of the following purposes:  (1) Acquisition of
39.17 	additional real property; (2) Construction of additional
39.18 	buildings; or (3) Maintenance and care of the society's
39.19 	property.  This section shall not be construed to preclude the
39.20 	continuance of any agricultural society now existing or the
39.21 	granting of aid thereto to the society.
39.22 	(b) An agricultural society shall have jurisdiction and
39.23 	control of the grounds upon which its fairs are held and of the
39.24 	streets and grounds adjacent thereto grounds during such the 
39.25 	fair, so far as may be necessary for such purpose fair purposes,
39.26 	and are exempt from local zoning ordinances throughout the year
39.27 	as provided in section 38.16.  At or before the time of holding
39.28 	any fair, the agricultural society may appoint, in writing, as
39.29 	many persons to act as special constables as necessary, for and
39.30 	during the time of holding the same and for a reasonable time
39.31 	prior and subsequent thereto to the fair.  These constables,
39.32 	before entering upon their duties, shall take and subscribe the
39.33 	usual oath of office, endorsed upon their appointment, and have
39.34 	and exercise upon the grounds of the society, and within
39.35 	one-half mile thereof of the grounds, all the power and
39.36 	authority of constables at common law full powers of arrest and,
40.1 	in addition thereto,may, within these limits, without warrant,
40.2 	arrest any person found violating any laws of the state, or any
40.3 	rule, regulation, or bylaw of the society, and summarily remove
40.4 	the persons and property of such the offenders from the grounds
40.5 	and take them before any court of competent jurisdiction to be
40.6 	dealt with according to law.  Each such appointed peace officer
40.7 	shall wear an appropriate badge of office while acting as such 
40.8 	one.
40.9 	(c) As an alternative to the appointment of special
40.10 	constables, the society may contract with the sheriff or ,local
40.11 	municipality, or security guard as defined in section 626.88to
40.12 	provide the society with the same police service it may secure
40.13 	by appointing special constables.  A person providing police
40.14 	service pursuant to such a contract is not, by reason of the
40.15 	contract, classified as an employee of the agricultural society
40.16 	for any purpose other than the discharge of powers and duties
40.17 	under the contract.
40.18 	(d) Any person who shall willfully violate any rule or
40.19 	regulation made by such agricultural societies during the days
40.20 	of a fair shall be guilty of a misdemeanor.
40.21 	The provisions of this section supersede all special laws
40.22 	on the same subject.

40.23 	Sec. 58. Minnesota Statutes 2004, section 38.16, is
40.24 	amended to read:
40.25 	38.16 EXEMPTION FROM ZONING ORDINANCES.
40.26 	When lands lying within the corporate limits of towns or
40.27 	cities are owned by a county or agricultural society and used
40.28 	for agricultural fair purposes, the lands and the buildings now
40.29 	or hereafter erected are exempt from the zoning, building, and
40.30 	other ordinances of the town or city; provided, that no license
40.31 	or permit need be obtained from, nor fee paid to, the town or
40.32 	city in connection with the use of the lands. For the purposes
40.33 	of this section, "agricultural fair purposes" includes the
40.34 	management of property as provided in section 38.01, paragraph
40.35 	(a).

40.36 	Sec. 59. Minnesota Statutes 2004, section 41A.09,
41.1 	subdivision 2a, is amended to read:
41.2 		Subd. 2a.Definitions.  For the purposes of this section,
41.3 	the terms defined in this subdivision have the meanings given
41.4 	them.
41.5 	(a) "Ethanol" means fermentation ethyl alcohol derived from
41.6 	agricultural products, including potatoes, cereal grains, cheese
41.7 	whey, and sugar beets; forest products; or other renewable
41.8 	resources, including residue and waste generated from the
41.9 	production, processing, and marketing of agricultural products,
41.10 	forest products, and other renewable resources, that:
41.11 	(1) meets all of the specifications in ASTM specification
41.12 	D4806-01; and
41.13 	(2) is denatured as specified in Code of Federal
41.14 	Regulations, title 27, parts 20 and 21.
41.15 	(b) "Ethanol plant" means a plant at which ethanol is
41.16 	produced.
41.17 	(c) "Commissioner" means the commissioner of agriculture.
41.18 	(d) "Rural economic infrastructure" means the development
41.19 	of activities that will enhance the value of agricultural crop
41.20 	or livestock commodities or by-products or waste from farming
41.21 	operations through new and improved value-added conversion
41.22 	processes and technologies, the development of more timely and
41.23 	efficient infrastructure delivery systems, and the enhancement
41.24 	of marketing opportunities.  "Rural economic infrastructure"
41.25 	also means land, buildings, structures, fixtures, and
41.26 	improvements located or to be located in Minnesota and used or
41.27 	operated primarily for the processing or the support of
41.28 	production of marketable products from agricultural commodities
41.29 	produced in Minnesota.

41.30 	Sec. 60. Minnesota Statutes 2004, section 41A.09,
41.31 	subdivision 3a, is amended to read:
41.32 		Subd. 3a.Ethanol producer payments.  (a) The
41.33 	commissioner shall make cash payments to producers of ethanol
41.34 	located in the state that have begun production by June 30, 2000.
41.35 	For the purpose of this subdivision, an entity that holds a
41.36 	controlling interest in more than one ethanol plant is
42.1 	considered a single producer.  The amount of the payment for
42.2 	each producer's annual production, except as provided in
42.3 	paragraph (c), is 20 cents per gallon for each gallon of ethanol
42.4 	produced on or before June 30, 2000, or ten years after the
42.5 	start of production, whichever is later.  Annually, within 90
42.6 	days of the end of its fiscal year, an ethanol producer
42.7 	receiving payments under this subdivision must file a disclosure
42.8 	statement on a form provided by the commissioner.  The initial
42.9 	disclosure statement must include a summary description of the
42.10 	organization of the business structure of the claimant, a
42.11 	listing of the percentages of ownership by any person or other
42.12 	entity with an ownership interest of five percent or greater,
42.13 	and a copy of its annual audited financial statements, including
42.14 	the auditor's report and footnotes.  The disclosure statement
42.15 	must include information demonstrating what percentage of the
42.16 	entity receiving payments under this section is owned by farmers
42.17 	or other entities eligible to farm or own agricultural land in
42.18 	Minnesota under the provisions of section 500.24.  Subsequent
42.19 	annual reports must reflect noncumulative changes in ownership
42.20 	of ten percent or more of the entity.  The report need not
42.21 	disclose the identity of the persons or entities eligible to
42.22 	farm or own agricultural land with ownership interests,
42.23 	individuals residing within 30 miles of the plant, or of any
42.24 	other entity with less than ten percent ownership interest, but
42.25 	the claimant must retain information within its files confirming
42.26 	the accuracy of the data provided.  This data must be made
42.27 	available to the commissioner upon request.  Not later than the
42.28 	15th day of February in each year the commissioner shall deliver
42.29 	to the chairs of the standing committees of the senate and the
42.30 	house of representatives that deal with agricultural policy and
42.31 	agricultural finance issues an annual report summarizing
42.32 	aggregated data from plants receiving payments under this
42.33 	section during the preceding calendar year.  Audited financial
42.34 	statements and notes and disclosure statements submitted to the
42.35 	commissioner are nonpublic data under section 13.02, subdivision
42.36 	9.  Notwithstanding the provisions of chapter 13 relating to
43.1 	nonpublic data, summaries of the submitted audited financial
43.2 	reports and notes and disclosure statements will be contained in
43.3 	the report to the committee chairs and will be public data.
43.4 	(b) No payments shall be made for ethanol production that
43.5 	occurs after June 30, 2010.
43.6 	(c) If the level of production at an ethanol plant
43.7 	increases due to an increase in the production capacity of the
43.8 	plant, the payment under paragraph (a) applies to the additional
43.9 	increment of production until ten years after the increased
43.10 	production began.  Once a plant's production capacity reaches
43.11 	15,000,000 gallons per year, no additional increment will
43.12 	qualify for the payment.
43.13 	(d) Total payments under paragraphs (a) and (c) to a
43.14 	producer in a fiscal year may not exceed $3,000,000.
43.15 	(e) By the last day of October, January, April, and July,
43.16 	each producer shall file a claim for payment for ethanol
43.17 	production during the preceding three calendar months.  A
43.18 	producer that files a claim under this subdivision shall include
43.19 	a statement of the producer's total ethanol production in
43.20 	Minnesota during the quarter covered by the claim.  For each
43.21 	claim and statement of total ethanol production filed under this
43.22 	subdivision, the volume of ethanol production must be examined
43.23 	by an independent certified public accountant in accordance with
43.24 	standards established by the American Institute of Certified
43.25 	Public Accountants.
43.26 	(f) Payments shall be made November 15, February 15, May
43.27 	15, and August 15.  A separate payment shall be made for each
43.28 	claim filed.  Except as provided in paragraph (g), the total
43.29 	quarterly payment to a producer under this paragraph may not
43.30 	exceed $750,000.
43.31 	(g) Notwithstanding the quarterly payment limits of
43.32 	paragraph (f), the commissioner shall make an additional payment
43.33 	in the fourth quarter of each fiscal year to ethanol producers
43.34 	for the lesser of:  (1) 20 cents per gallon of production in the
43.35 	fourth quarter of the year that is greater than 3,750,000
43.36 	gallons; or (2) the total amount of payments lost during the
44.1 	first three quarters of the fiscal year due to plant outages,
44.2 	repair, or major maintenance.  Total payments to an ethanol
44.3 	producer in a fiscal year, including any payment under this
44.4 	paragraph, must not exceed the total amount the producer is
44.5 	eligible to receive based on the producer's approved production
44.6 	capacity.  The provisions of this paragraph apply only to
44.7 	production losses that occur in quarters beginning after
44.8 	December 31, 1999.
44.9 	(h) The commissioner shall reimburse ethanol producers for
44.10 	any deficiency in payments during earlier quarters if the
44.11 	deficiency occurred because of unallotment or because 
44.12 	appropriated money was insufficient to make timely payments in
44.13 	the full amount provided in paragraph (a).  Notwithstanding the
44.14 	quarterly or annual payment limitations in this subdivision, the
44.15 	commissioner shall begin making payments for earlier
44.16 	deficiencies in each fiscal year that appropriations for ethanol
44.17 	payments exceed the amount required to make eligible scheduled
44.18 	payments.  Payments for earlier deficiencies must continue until
44.19 	the deficiencies for each producer are paid in full.
44.20 	(i) The commissioner may make direct payments to producers
44.21 	of rural economic infrastructure with any amount of the annual
44.22 	appropriation for ethanol producer payments and rural economic
44.23 	infrastructure that is in excess of the amount required to make
44.24 	scheduled ethanol producer payments and deficiency payments for
44.25 	payments delayed because of unallotment or because appropriated
44.26 	funds in earlier fiscal years were insufficient.

44.27 	Sec. 61. Minnesota Statutes 2004, section 41B.046,
44.28 	subdivision 5, is amended to read:
44.29 		Subd. 5.Loans.  (a) The authority may participate in a
44.30 	stock loan with an eligible lender to a farmer who is eligible
44.31 	under subdivision 4.  Participation is limited to 45 percent of
44.32 	the principal amount of the loan or $40,000, whichever is less.
44.33 	The interest rates and repayment terms of the authority's
44.34 	participation interest may differ from the interest rates and
44.35 	repayment terms of the lender's retained portion of the loan,
44.36 	but the authority's interest rate must not exceed 50 percent of
45.1 	the lender's interest rate.
45.2 	(b) No more than 95 percent of the purchase price of the
45.3 	stock may be financed under this program.
45.4 	(c) Security for stock loans must be the stock purchased, a
45.5 	personal note executed by the borrower, and whatever other
45.6 	security is required by the eligible lender or the authority.
45.7 	(d) The authority may impose a reasonable nonrefundable
45.8 	application fee for each application for a stock loan.  The
45.9 	authority may review the fee annually and make adjustments as
45.10 	necessary.  The application fee is initially $50.  Application
45.11 	fees received by the authority must be deposited in the
45.12 	value-added agricultural product revolving fund revolving loan
45.13 	account established in section 41B.06.
45.14 	(e) Stock loans under this program will be made using money
45.15 	in the value-added agricultural product revolving fund loan
45.16 	account established under subdivision 3 in section 41B.06.
45.17 	(f) The authority may not grant stock loans in a cumulative
45.18 	amount exceeding $2,000,000 for the financing of stock purchases
45.19 	in any one cooperative.
45.20 	(g) Repayments of financial assistance under this section,
45.21 	including principal and interest, must be deposited into the
45.22 	revolving loan account established in section 41B.06.
45.23 	
EFFECTIVE DATE. This section is effective the day
45.24 	following final enactment.

45.25 	Sec. 62. Minnesota Statutes 2004, section 41B.049,
45.26 	subdivision 2, is amended to read:
45.27 		Subd. 2.revolving fund deposit of repayments. There is
45.28 	established in the state treasury a revolving fund, which is
45.29 	eligible to receive appropriations and the transfer of funds
45.30 	from other services.All repayments of financial assistance
45.31 	granted under subdivision 1, including principal and interest,
45.32 	must be deposited into this fund.  Interest earned on money in
45.33 	the fund accrues to the fund, and money in the fund is
45.34 	appropriated to the commissioner of agriculture for purposes of
45.35 	the manure digester loan program, including costs incurred by
45.36 	the authority to establish and administer the program the
46.1 	revolving loan account established in section 41B.06.
46.2 	
EFFECTIVE DATE. This section is effective the day
46.3 	following final enactment.

46.4 	Sec. 63. Minnesota Statutes 2004, section 41B.049,
46.5 	subdivision 4, is amended to read:
46.6 		Subd. 4.Loans.  (a) The authority may make a direct loan
46.7 	or participate in a loan with an eligible lender to a farmer who
46.8 	is eligible under subdivision 3. The interest rates and 
46.9 	Repayment terms of the authority's participation interest may
46.10 	differ from the interest rates and repayment terms of the
46.11 	lender's retained portion of the loan. The authority's interest
46.12 	rate for a direct loan or a loan participation must not exceed
46.13 	four percent.Loans made under this section before July 1,
46.14 	2003,must be no-interest loans.
46.15 	(b) Application for a direct loan or a loan participation
46.16 	must be made on forms prescribed by the authority.
46.17 	(c) Standards for loan amortization shall be set by the
46.18 	Rural Finance Authority not to exceed ten years.
46.19 	(d) Security for the loans must be a personal note executed
46.20 	by the borrower and whatever other security is required by the
46.21 	eligible lender or the authority.
46.22 	(e) No loan proceeds may be used to refinance a debt
46.23 	existing prior to application.
46.24 	(f) The authority may impose a reasonable nonrefundable
46.25 	application fee for each application for a direct loan or a loan
46.26 	participation.  The authority may review the application fees
46.27 	annually and make adjustments as necessary.  The application fee
46.28 	is initially set at $100 for a loan under subdivision 1.  The
46.29 	fees received by the authority must be deposited in the
46.30 	revolving fund created in subdivision 2 loan account established
46.31 	in section 41B.06.
46.32 	
EFFECTIVE DATE. This section is effective retroactively
46.33 	for any loan made on or after July 1, 2003.

46.34 	Sec. 64. [41B.055] LIVESTOCK EQUIPMENT PILOT LOAN
46.35 	PROGRAM.
46.36 		Subdivision 1.Establishment. The authority must
47.1 	establish and implement a livestock equipment pilot loan program
47.2 	to help finance the first purchase of livestock-related
47.3 	equipment and make livestock facilities improvements.
47.4 		Subd. 2.Eligibility. Notwithstanding section 41B.03, to
47.5 	be eligible for this program a borrower must:
47.6 	(1) be a resident of Minnesota or general partnership or a
47.7 	family farm corporation, authorized farm corporation, family
47.8 	farm partnership, or authorized farm partnership as defined in
47.9 	section 500.24, subdivision 2;
47.10 	(2) be the principal operator of a livestock farm;
47.11 	(3) have a total net worth, including assets and
47.12 	liabilities of the borrower's spouse and dependents, no greater
47.13 	than the amount stipulated in section 41B.03, subdivision 3;
47.14 	(4) demonstrate an ability to repay the loan; and 
47.15 	(5) hold an appropriate feedlot registration or be using
47.16 	the loan under this program to meet registration requirements.
47.17 	In addition to the requirements in clauses (1) to (5),
47.18 	preference must be given to applicants who have farmed less than
47.19 	ten years as evidenced by their filing of schedule F in their
47.20 	federal tax returns.
47.21 		Subd. 3.Loans. (a) The authority may participate in a
47.22 	livestock equipment loan equal to 90 percent of the purchased
47.23 	equipment value with an eligible lender to a farmer who is
47.24 	eligible under subdivision 2.  Participation is limited to 45
47.25 	percent of the principal amount of the loan or $40,000,
47.26 	whichever is less.  The interest rates and repayment terms of
47.27 	the authority's participation interest may differ from the
47.28 	interest rates and repayment terms of the lender's retained
47.29 	portion of the loan, but the authority's interest rate must not
47.30 	exceed three percent.  The authority may review the interest
47.31 	annually and make adjustments as necessary.
47.32 	(b) Standards for loan amortization must be set by the
47.33 	rural finance authority and must not exceed seven years.
47.34 	(c) Security for a livestock equipment loan must be a
47.35 	personal note executed by the borrower and whatever other
47.36 	security is required by the eligible lender or the authority.
48.1 	(d) Refinancing of existing debt is not an eligible purpose.
48.2 	(e) The authority may impose a reasonable, nonrefundable
48.3 	application fee for a livestock equipment loan.  The authority
48.4 	may review the fee annually and make adjustments as necessary.
48.5 	The initial application fee is $50.  Application fees received
48.6 	by the authority must be deposited in the revolving loan account
48.7 	established in section 41B.06.
48.8 	(f) Loans under this program must be made using money in
48.9 	the revolving loan account established in section 41B.06.
48.10 		Subd. 4.Eligible expenditures. Money may be used for
48.11 	loans for the acquisition of equipment for animal housing,
48.12 	confinement, animal feeding, milk production, and waste
48.13 	management.
48.14 	
EFFECTIVE DATE. This section is effective the day
48.15 	following final enactment.

48.16 	Sec. 65. [41B.06] RURAL FINANCE AUTHORITY REVOLVING LOAN
48.17 	ACCOUNT.
48.18 	There is established in the rural finance administration
48.19 	fund a rural finance authority revolving loan account that is
48.20 	eligible to receive appropriations and the transfer of loan
48.21 	funds from other programs.  All repayments of financial
48.22 	assistance granted from this account, including principal and
48.23 	interest, must be deposited into this account.  Interest earned
48.24 	on money in the account accrues to the account, and the money in
48.25 	the account is appropriated to the commissioner of agriculture
48.26 	for purposes of the rural finance authority, livestock equipment
48.27 	methane digester, and value-added agricultural product loan
48.28 	programs, including costs incurred by the authority to establish
48.29 	and administer the programs.

48.30 	EFFECTIVE DATE. This section is effective the day
48.31 	following final enactment.

48.32 	Sec. 66. Minnesota Statutes 2004, section 116.07,
48.33 	subdivision 7a, is amended to read:
48.34 		Subd. 7a.Notice of application for livestock feedlot
48.35 	permit.  (a) A person who applies to the Pollution Control
48.36 	Agency or a county board for a permit to construct or expand a
49.1 	feedlot with a capacity of 500 animal units or more shall, not
49.2 	less than 20 business days before the date on which a permit is
49.3 	issued, provide notice to each resident and each owner of real
49.4 	property within 5,000 feet of the perimeter of the proposed
49.5 	feedlot.  The notice may be delivered by first class mail, in
49.6 	person, or by the publication in a the official newspaper of the
49.7 	affected townships of general circulation within the affected
49.8 	area and must include information on the type of livestock and
49.9 	the proposed capacity of the feedlot.  Notification under this
49.10 	subdivision is satisfied under an equal or greater notification
49.11 	requirement of a county conditional use permit. A person must
49.12 	also send a copy of the notice by first class mail to the clerk
49.13 	of the township in which the feedlot is proposed within ten days
49.14 	of applying for the permit and not less than 20 business days
49.15 	before the date on which a permit is issued.
49.16 	(b) The agency or a county board must verify that notice
49.17 	was provided as required under paragraph (a) prior to issuing a
49.18 	permit.

49.19 	Sec. 67. [156.075] REQUIREMENT FOR EQUINE TEETH
49.20 	FLOATERS.
49.21 		Subdivision 1.Definitions. For purposes of this section
49.22 	the following terms have the meanings given them.
49.23 	(a) "Equine teeth floating" means:
49.24 	(1) removal of enamel points from teeth with handheld,
49.25 	nonmotorized, non-air-powered files or rasps;
49.26 	(2) reestablishing normal molar table angles and freeing up
49.27 	lateral excursion and other normal movements of the mandible;
49.28 	(3) shaping the lingual aspect of the lower arcades and the
49.29 	buccal aspect of the upper arcades to a rounded smooth surface;
49.30 	and 
49.31 	(4) removing points from the buccal aspect of the upper
49.32 	arcade and the lingual aspect of the lower arcade.
49.33 	(b) "Indirect supervision" means a veterinarian must be
49.34 	available by telephone or other form of immediate
49.35 	communication.  The veterinarian must be currently licensed
49.36 	under this chapter.
50.1 		Subd. 2.Equine teeth floating services. (a) A person
50.2 	may perform equine teeth floating services after submitting to
50.3 	the board the following:
50.4 	(1) proof of current certification from the International
50.5 	Association of Equine Dentistry or other professional equine
50.6 	dentistry association as determined by the board; and 
50.7 	(2) a written statement signed by a supervising
50.8 	veterinarian experienced in equine medicine that the applicant
50.9 	will be under direct or indirect supervision of the veterinarian
50.10 	when floating equine teeth.
50.11 	(b) The board must waive the requirement in paragraph (a),
50.12 	clause (1), and allow a person to perform equine teeth floating
50.13 	services if the person provides satisfactory evidence of being
50.14 	actively engaged in equine teeth floating for at least ten of
50.15 	the past 15 years and has generated at least $5,000 annually in
50.16 	personal income from this activity.

50.17 	Sec. 68. Minnesota Statutes 2004, section 174.52,
50.18 	subdivision 5, is amended to read:
50.19 		Subd. 5.Grant procedures and criteria.  The commissioner
50.20 	shall establish procedures for statutory or home rule charter
50.21 	cities, towns, and counties to apply for grants or loans from
50.22 	the fund and criteria to be used to select projects for funding.
50.23 	The commissioner shall establish these procedures and criteria
50.24 	in consultation with representatives appointed by the
50.25 	Association of Minnesota Counties, League of Minnesota
50.26 	Cities, and Minnesota Township Officers Association of
50.27 	Townships, and the appropriate state agency, as needed.  The
50.28 	criteria for determining project priority and the amount of a
50.29 	grant or loan must be based upon consideration of:
50.30 	(1) the availability of other state, federal, and local
50.31 	funds;
50.32 	(2) the regional significance of the route;
50.33 	(3) effectiveness of the proposed project in eliminating a
50.34 	transportation system deficiency;
50.35 	(4) the number of persons who will be positively impacted
50.36 	by the project;
51.1 	(5) the project's contribution to other local, regional, or
51.2 	state economic development or redevelopment efforts, including
51.3 	livestock and other agricultural operations permitted after the
51.4 	effective date of this section; and
51.5 	(6) ability of the local unit of government to adequately
51.6 	provide for the safe operation and maintenance of the facility
51.7 	upon project completion.
51.8 	
EFFECTIVE DATE. This section is effective the day
51.9 	following final enactment.

51.10 	Sec. 69. Minnesota Statutes 2004, section 223.17,
51.11 	subdivision 3, is amended to read:
51.12 		Subd. 3.Grain buyers and storage account; fees.  The
51.13 	commissioner shall set the fees for inspections under sections
51.14 	223.15 to 223.22 at levels necessary to pay the expenses of
51.15 	administering and enforcing sections 223.15 to 223.22.
51.16 	The fee for any license issued or renewed after June 30,
51.17 	2001 2005, shall be set according to the following schedule:
51.18 	(a) $125 $140 plus $100 $110 for each additional location
51.19 	for grain buyers whose gross annual purchases are less than
51.20 	$100,000;
51.21 	(b) $250 $275 plus $100 $110 for each additional location
51.22 	for grain buyers whose gross annual purchases are at least
51.23 	$100,000, but not more than $750,000;
51.24 	(c) $375 $415 plus $200 $220 for each additional location
51.25 	for grain buyers whose gross annual purchases are more than
51.26 	$750,000 but not more than $1,500,000;
51.27 	(d) $500 $550 plus $200 $220 for each additional location
51.28 	for grain buyers whose gross annual purchases are more than
51.29 	$1,500,000 but not more than $3,000,000; and
51.30 	(e) $625 $700 plus $200 $220 for each additional location
51.31 	for grain buyers whose gross annual purchases are more than
51.32 	$3,000,000.
51.33 	A penalty amount not to exceed ten percent of the fees due
51.34 	may be imposed by the commissioner for each month for which the
51.35 	fees are delinquent.
51.36 	There is created the grain buyers and storage account in
52.1 	the agricultural fund.  Money collected pursuant to sections
52.2 	223.15 to 223.19 shall be paid into the state treasury and
52.3 	credited to the grain buyers and storage account and is
52.4 	appropriated to the commissioner for the administration and
52.5 	enforcement of sections 223.15 to 223.22.

52.6 	Sec. 70. Minnesota Statutes 2004, section 223.17,
52.7 	subdivision 6, is amended to read:
52.8 		Subd. 6.Financial statements.  For the purpose of fixing
52.9 	or changing the amount of a required bond or for any other
52.10 	proper reason, the commissioner shall require an annual
52.11 	financial statement from a licensee which has been prepared in
52.12 	accordance with generally accepted accounting principles and
52.13 	which meets the following requirements:
52.14 	(a) The financial statement shall include, but not be
52.15 	limited to the following:  (1) a balance sheet; (2) a statement
52.16 	of income (profit and loss); (3) a statement of retained
52.17 	earnings; (4) a statement of changes in financial position; and
52.18 	(5) a statement of the dollar amount of grain purchased in the
52.19 	previous fiscal year of the grain buyer.
52.20 	(b) The financial statement shall be accompanied by a
52.21 	reviewed financial statement or audit prepared by an independent
52.22 	public accountant or a compilation report prepared by a grain
52.23 	commission firm approved by the commissioner, in accordance with
52.24 	standards established by the American Institute of Certified
52.25 	Public Accountants. Grain buyers purchasing less than 150,000
52.26 	bushels of grain per calendar year may submit a compiled
52.27 	financial statement prepared by an independent public accountant.
52.28 	(c) The financial statement shall be accompanied by a
52.29 	certification by the chief executive officer or the chief
52.30 	executive officer's designee of the licensee, under penalty of
52.31 	perjury, that the financial statement accurately reflects the
52.32 	financial condition of the licensee for the period specified in
52.33 	the statement.
52.34 	Only one financial statement must be filed for a chain of
52.35 	warehouses owned or operated as a single business entity, unless
52.36 	otherwise required by the commissioner.  Any grain buyer having
53.1 	a net worth in excess of $500,000,000 need not file the
53.2 	financial statement required by this subdivision but must
53.3 	provide the commissioner with a certified net worth statement.
53.4 	All financial statements filed with the commissioner are private
53.5 	or nonpublic data as provided in section 13.02.

53.6 	Sec. 71. Minnesota Statutes 2004, section 231.08, is
53.7 	amended by adding a subdivision to read:
53.8 		Subd. 3.Tender for storage. At the time of or prior to
53.9 	tender of goods for storage by a depositor, a storage order must
53.10 	be signed in writing by the depositor or the depositor's duly
53.11 	authorized representative and must show the name and address of
53.12 	the warehouse operator in whose custody the goods are to be
53.13 	deposited.

53.14 	Sec. 72. Minnesota Statutes 2004, section 231.08, is
53.15 	amended by adding a subdivision to read:
53.16 		Subd. 4.Goods; labeling. A warehouse operator who
53.17 	receives a lot of goods must identify each article or lot by tag
53.18 	or lot number, as recorded on the operator's books and on the
53.19 	warehouse receipt or contract.

53.20 	Sec. 73. Minnesota Statutes 2004, section 231.08, is
53.21 	amended by adding a subdivision to read:
53.22 		Subd. 5.Fire protection. All warehouses must be
53.23 	protected against fire by an automatic device or fire
53.24 	extinguishers.  Extinguishers must be recharged at least once a
53.25 	year or as required by state or local fire codes and ordinances
53.26 	and tagged, showing the date of the most recent recharge.  If an
53.27 	automatic device is in place, it must be kept in complete
53.28 	working condition at all times.  Goods, wares, or merchandise
53.29 	must not be piled to a height that would interfere with the
53.30 	outlets of the automatic device or as required by state or local
53.31 	fire codes or ordinances.

53.32 	Sec. 74. Minnesota Statutes 2004, section 231.08, is
53.33 	amended by adding a subdivision to read:
53.34 		Subd. 6.Floor load. A warehouse floor or part of floor
53.35 	must not at any time be loaded or stored with a greater weight
53.36 	of goods or materials per square foot than the floor will
54.1 	sustain with safety.  If the department directs a warehouse
54.2 	operator to ascertain from a competent registered architect or
54.3 	engineer or from the proper municipal authorities what may be
54.4 	the safe load capacity in pounds per square foot of each floor
54.5 	of the operator's warehouse or warehouses, the operator must do
54.6 	so without unnecessary delay and must post signs in several
54.7 	conspicuous places on each floor stating the safe live load that
54.8 	floor will sustain.

54.9 	Sec. 75. Minnesota Statutes 2004, section 231.08, is
54.10 	amended by adding a subdivision to read:
54.11 		Subd. 7.Storage conditions. (a) On each floor where
54.12 	there is open storage of goods, wares, or merchandise, there
54.13 	must be aisles wide enough to permit the free and unimpeded
54.14 	passage of goods, wares, or merchandise.  All aisles must be
54.15 	kept free from obstructions, dust, and litter.
54.16 	(b) Pieces of overstuffed furniture, mattresses, rugs,
54.17 	carpets, and other goods not stored in containers must be
54.18 	protected by wrapping before being placed in permanent storage.

54.19 	Sec. 76. Minnesota Statutes 2004, section 231.09, is
54.20 	amended to read:
54.21 	231.09 OBLIGATION TO ISSUE UNIFORM RECEIPTS.
54.22 		Subdivision 1.Receipts. A warehouse operator receiving
54.23 	goods in store shall issue for the goods a receipt embodying the
54.24 	terms of such receipts as authorized by article 7 of the Uniform
54.25 	Commercial Code.  Receipts or records of storage in electronic
54.26 	form are acceptable.
54.27 		Subd. 2.Copy to department. A copy of the form of
54.28 	receipt used by the warehouse operator must be furnished to the
54.29 	department with the application for license.
54.30 		Subd. 3.Insurance. Receipts must show in conspicuous
54.31 	type whether or not the property for which the receipt has been
54.32 	issued is insured for the benefit of the depositor against fire
54.33 	or any other casualty.
54.34 		Subd. 4.Lot number. The property of each depositor must
54.35 	be specifically designated under a lot number, which must appear
54.36 	on the receipt for the purpose of identification.
55.1 		Subd. 5.Correctness of receipt. Unless notice is given
55.2 	by the depositor to the warehouse operator in writing within 30
55.3 	days after the date of mailing or delivery to the depositor of
55.4 	the warehouse receipt stating that there are errors or omissions
55.5 	in the list of goods and specifying them, the operator is
55.6 	entitled to assume that the list of goods on the warehouse
55.7 	receipt is a complete and correct list of goods tendered to the
55.8 	operator for storage under the terms and conditions of the
55.9 	contract and that the depositor has accepted all terms and
55.10 	conditions of the contract.
55.11 		Subd. 6.Storing additional goods. If the depositor,
55.12 	subsequent to the original storing, places other goods with the
55.13 	warehouse operator for storage, the additional goods may come in
55.14 	under the same terms and conditions as if they were part of the
55.15 	original lot.
55.16 		Subd. 7.Notices to depositor. Notices by the warehouse
55.17 	operator to the depositor pertaining to the goods, wares, or
55.18 	merchandise must be sent to the depositor at the address given
55.19 	at the time of depositing the goods, wares, or merchandise with
55.20 	the operator, unless written notice of a change of address is
55.21 	received by the operator from the depositor.  Notices mailed by
55.22 	the operator to the last address given by the depositor
55.23 	constitute effective notice for all purposes.
55.24 		Subd. 8.Liability limitations; other than household
55.25 	goods. Unless otherwise specified by the depositor in writing,
55.26 	it is agreed and is prima facie proof that no piece, package, or
55.27 	complete article with its contents enumerated in the list of
55.28 	goods in the warehouse receipt of contract exceeds the sum of
55.29 	$50 in value.  If the depositor declares in writing a higher
55.30 	valuation, the warehouse operator may charge a higher rate for
55.31 	storing the pieces, packages, or complete articles.  Each
55.32 	operator must, upon the day of storage, clearly inform the
55.33 	depositor, in writing, that the depositor may declare a higher
55.34 	valuation.
55.35 		Subd. 9.Liability limitations; household goods. (a)
55.36 	From and after the date of storage, the warehouse operator
56.1 	storing household goods must, on behalf of the depositor, cause
56.2 	the stored goods of the depositor to be insured at least in the
56.3 	amount of $1.25 per pound per article against loss from any
56.4 	peril covered by standard fire and extended coverage policies.
56.5 	The depositor must pay to the operator the cost of the insurance
56.6 	in addition to other warehousing charges.  Provided, however,
56.7 	that the depositor may declare in writing that the value of the
56.8 	stored goods does not exceed 60 cents per pound per article, in
56.9 	which case the depositor is limited to that amount in the
56.10 	recovery of any damages against the warehouse operator.
56.11 	(b) Warehouse operators whose charges for storage are not
56.12 	based upon actual weight, and who may not have available an
56.13 	actual weight figure, may use a weight figure obtained by
56.14 	application of the constructive weight rule in effect in the
56.15 	operator's tariff.
56.16 	(c) Each warehouse operator must, on the day of storage,
56.17 	clearly inform the depositor in writing of the substance of
56.18 	paragraph (a).  If the depositor's goods are delivered to the
56.19 	operator for storage by another person, the operator must inform
56.20 	that person of the depositor's rights and obligations under
56.21 	paragraph (a).
56.22 	(d) Nothing in this section imposes liability upon a
56.23 	warehouse operator for damages where the liability would not
56.24 	otherwise be imposed under the provisions of the Uniform
56.25 	Commercial Code, chapter 336, and specifically section 336.7-204.

56.26 	Sec. 77. Minnesota Statutes 2004, section 231.11, is
56.27 	amended to read:
56.28 	231.11 SCHEDULE OF RATES; STORING HOUSEHOLD GOODS.
56.29 		Subdivision 1.Filing; inspection. A household goods
56.30 	warehouse operator must file with the department and keep open
56.31 	for public inspection a printed schedule of rates and charges
56.32 	complying with subdivision 2.  All tariffs of rates and charges
56.33 	must contain terms and conditions under which the rates and
56.34 	charges are assessed.
56.35 		Subd. 2.Rate-making procedure. In order to ensure
56.36 	nondiscriminatory rates and charges for all depositors of
57.1 	household goods, the commissioner shall establish a collective
57.2 	rate-making procedure which will ensure the publication and
57.3 	maintenance of just and reasonable rates and charges under
57.4 	uniform, reasonably related rate structures.  These procedures
57.5 	must provide for the joint consideration, initiation, and
57.6 	establishment of rates and charges and ensure that the
57.7 	respective revenues and expenses of household goods warehouse
57.8 	operators are ascertained.  Any participating household goods
57.9 	warehouse operator party to a collectively mandated rate or
57.10 	charge has the right to petition the commissioner for the
57.11 	establishment of a rate or charge which deviates from the
57.12 	collectively set rate.  Upon receiving the commissioner's
57.13 	approval, that household goods warehouse operator may proceed to
57.14 	establish the requested rate or charge.  All household goods
57.15 	warehouse operators subject to rate regulation under this
57.16 	chapter must comply with the commissioner's rate-making
57.17 	procedures.  No household goods warehouse operator shall
57.18 	undertake to perform any service or store any household goods
57.19 	until a schedule of rates has been filed and published in
57.20 	accordance with this chapter.  In case of emergency, however, a
57.21 	service or storage not specifically covered by the schedules
57.22 	filed, may be performed or furnished at a reasonable rate, which
57.23 	must then be promptly filed, and which is subject to review in
57.24 	accordance with this chapter.

57.25 	Sec. 78. Minnesota Statutes 2004, section 231.16, is
57.26 	amended to read:
57.27 	231.16 WAREHOUSE OPERATOR OR HOUSEHOLD GOODS WAREHOUSE
57.28 	OPERATOR TO OBTAIN LICENSE.
57.29 	A warehouse operator or household goods warehouse operator
57.30 	must be licensed annually by the department.  The department
57.31 	shall prescribe the form of the written application.  If the
57.32 	department approves the license application and the applicant
57.33 	files with the department the necessary bond, in the case of
57.34 	household goods warehouse operators, or proof of warehouse
57.35 	operators legal liability insurance coverage in an amount of
57.36 	$50,000 or more, as provided for in this chapter, the department
58.1 	shall issue the license upon payment of the license fee required
58.2 	in this section.  A warehouse operator or household goods
58.3 	warehouse operator to whom a license is issued shall pay a fee
58.4 	as follows:
58.5 	Building square footage used for public storage
58.6 	(1) 5,000 or less $100 $110 
58.7 	            (2) 5,001 to 10,000 $200 $220 
58.8 	            (3) 10,001 to 20,000 $300 $330 
58.9 	            (4) 20,001 to 100,000 $400 $440 
58.10 	            (5) 100,001 to 200,000 $500 $550 
58.11 	            (6) over 200,000                 $600
58.12 	A penalty amount not to exceed ten percent of the fees due
58.13 	may be imposed by the commissioner for each month for which the
58.14 	fees are delinquent.
58.15 	Fees collected under this chapter must be paid into the
58.16 	grain buyers and storage account established in section 232.22.
58.17 	The license must be renewed annually on or before July 1,
58.18 	and always upon payment of the full license fee required in this
58.19 	section.  No license shall be issued for any portion of a year
58.20 	for less than the full amount of the license fee required in
58.21 	this section.  Each license obtained under this chapter must be
58.22 	publicly displayed in the main office of the place of business
58.23 	of the warehouse operator or household goods warehouse operator
58.24 	to whom it is issued.  The license authorizes the warehouse
58.25 	operator or household goods warehouse operator to carry on the
58.26 	business of warehousing only in the one city or town named in
58.27 	the application and in the buildings therein described.  The
58.28 	department, without requiring an additional bond and license,
58.29 	may issue permits from time to time to any warehouse operator
58.30 	already duly licensed under the provisions of this chapter to
58.31 	operate an additional warehouse in the same city or town for
58.32 	which the original license was issued during the term thereof,
58.33 	upon the filing an application for a permit in the form
58.34 	prescribed by the department.
58.35 	A license may be refused for good cause shown and revoked
58.36 	by the department for violation of law or of any rule adopted by
59.1 	the department, upon notice and after hearing.

59.2 	Sec. 79. Minnesota Statutes 2004, section 231.18,
59.3 	subdivision 3, is amended to read:
59.4 		Subd. 3.Where to file.  All claims must be filed at with 
59.5 	the following address:Minnesota Department of Agriculture,
59.6 	Grain Licensing and Auditing Division, 316 Grain Exchange
59.7 	Building, Minneapolis, Minnesota 55415 Section.

59.8 	Sec. 80. Minnesota Statutes 2004, section 231.18,
59.9 	subdivision 5, is amended to read:
59.10 		Subd. 5.Public notice of a claim.  Upon determining that
59.11 	a depositor has filed a valid claim, the department shall
59.12 	publish notice of the claim in the official county newspaper of
59.13 	the county in which the licensee's primary place of business is
59.14 	located.
59.15 	The notice must state that a claim against the bond of a
59.16 	licensee has been filed with the department, the name and
59.17 	address of the licensee, that any additional claims should be
59.18 	filed with the department, the bond disbursement date by which
59.19 	claims must be filed, and where the claims should be filed.
59.20 	The public notice of the claim must appear for three
59.21 	consecutive days in newspapers with a daily circulation and for
59.22 	two consecutive publications in newspapers published less than
59.23 	daily.

59.24 	Sec. 81. [231.375] OPENING OR ABANDONMENT OF WAREHOUSES.
59.25 	No building or structure may be used as a warehouse or
59.26 	branch warehouse until it has been inspected and approved for
59.27 	warehousing purposes by the department.
59.28 	On ceasing to use a building or other structure, a
59.29 	warehouse operator must promptly notify the department.

59.30 	Sec. 82. Minnesota Statutes 2004, section 232.22,
59.31 	subdivision 3, is amended to read:
59.32 		Subd. 3.Fees; grain buyers and storage account.  There
59.33 	is created in the agricultural fund an account known as the
59.34 	grain buyers and storage account.  The commissioner shall set
59.35 	the fees for inspections, certifications and licenses under
59.36 	sections 232.20 to 232.25 at levels necessary to pay the costs
60.1 	of administering and enforcing sections 232.20 to 232.25.  All
60.2 	money collected pursuant to sections 232.20 to 232.25 and
60.3 	chapters 233 and 236 shall be paid by the commissioner into the
60.4 	state treasury and credited to the grain buyers and storage
60.5 	account and is appropriated to the commissioner for the
60.6 	administration and enforcement of sections 232.20 to 232.25 and
60.7 	chapters 233 and 236.  All money collected pursuant to chapter
60.8 	231 shall be paid by the commissioner into the grain buyers and
60.9 	storage account and is appropriated to the commissioner for the
60.10 	administration and enforcement of chapter 231.
60.11 	The fees for a license to store grain are as follows:
60.12 	(a) For a license to store grain, $110 for each home rule
60.13 	charter or statutory city or town in which a public grain
60.14 	warehouse is operated.
60.15 	(b) A person with a license to store grain in a public
60.16 	grain warehouse is subject to an examination fee for each
60.17 	licensed location, based on the following schedule for one
60.18 	examination:
60.19 	Bushel Capacity Examination Fee
60.20 	     Less than 150,001 $300
60.21 	     150,001 to 250,000 $425
60.22 	     250,001 to 500,000 $545
60.23 	     500,001 to 750,000 $700
60.24 	     750,001 to 1,000,000 $865
60.25 	     1,000,001 to 1,200,000 $1,040
60.26 	     1,200,001 to 1,500,000 $1,205
60.27 	     1,500,001 to 2,000,000 $1,380
60.28 	     More than 2,000,000 $1,555 
60.29 	(c) The fee for the second examination is $55 per hour per
60.30 	examiner for warehouse operators who choose to have it performed
60.31 	by the commissioner.
60.32 	(d) A penalty amount not to exceed ten percent of the fees
60.33 	due may be imposed by the commissioner for each month for which
60.34 	the fees are delinquent.

60.35 	Sec. 83. Minnesota Statutes 2004, section 236.02,
60.36 	subdivision 4, is amended to read:
61.1 		Subd. 4.Fees. The license fee is $140 for each home
61.2 	rule charter or statutory city or town in which a private grain
61.3 	warehouse is operated and which will be used to operate a grain
61.4 	bank.  A penalty amount not to exceed ten percent of the fees
61.5 	due may be imposed by the commissioner for each month for which
61.6 	the fees are delinquent.The license fee must be set by the
61.7 	commissioner in an amount sufficient to cover the costs of
61.8 	administering and enforcing this chapter.  Fees collected under
61.9 	this chapter must be paid into the grain buyers and storage
61.10 	account established in section 232.22.

61.11 	Sec. 84. Minnesota Statutes 2004, section 327.23,
61.12 	subdivision 2, is amended to read:
61.13 		Subd. 2.Manufactured home park. (a) The term
61.14 	"manufactured home park" shall not be construed to include:
61.15 	(1) manufactured homes, buildings, tents or other
61.16 	structures temporarily maintained by any individual or company
61.17 	on premises associated with a work project and used exclusively
61.18 	to house labor or other personnel occupied in such work project;
61.19 	or 
61.20 	(2) two or less manufactured homes maintained by an
61.21 	individual or company on the premises located within 100 yards
61.22 	of an existing residence and associated with an area zoned
61.23 	agricultural and used exclusively to house family or labor, as
61.24 	defined in the United States Internal Revenue Code, section
61.25 	3121(g), engaged in the agricultural operation, provided the
61.26 	homes:
61.27 	(i) meet the requirements of section 326.243 and Minnesota
61.28 	Rules, parts 4630.0600, subpart 1, 4630.0700, 4630.1200,
61.29 	4630.3500, and 4715.0310;
61.30 	(ii) are equipped with at least one automatic smoke
61.31 	detector that conforms to the applicable provisions of the
61.32 	National Fire Protection Association standard, identified as
61.33 	NFPA 501B, outside each sleeping area; and 
61.34 	(iii) meet the requirements of sections 327.31 to 327.35
61.35 	and Minnesota Rules, chapter 1350.
61.36 	(b) The state Department of Health may by rule prescribe
62.1 	such sanitary facilities as it may deem necessary to provide for
62.2 	the sanitation of such structures and the safety of the
62.3 	occupants thereof.

62.4 	Sec. 85. Minnesota Statutes 2004, section 327.23, is
62.5 	amended by adding a subdivision to read:
62.6 		Subd. 2a.Seasonal agricultural operations. The term
62.7 	"manufactured home park" shall not be construed to include up to
62.8 	four manufactured homes maintained by an individual or a company
62.9 	on premises associated with a seasonal agricultural operation,
62.10 	in an area zoned agricultural, and used exclusively to house
62.11 	individuals or families performing labor as defined in section
62.12 	3121(g) of the Internal Revenue Code if:
62.13 	(1) the manufactured homes are equipped with indoor
62.14 	plumbing facilities and the standards for water and sanitation
62.15 	established in Minnesota Rules, parts 4630.0600, subpart 1;
62.16 	4630.0700; 4630.1200; 4630.3500; and 4715.0310 are met;
62.17 	(2) the manufactured homes provide at least 80 square feet
62.18 	of indoor living space per inhabitant of each home;
62.19 	(3) the manufactured homes and their installation comply
62.20 	with section 327.34, subdivision 1, and Minnesota Rules, chapter
62.21 	1350;
62.22 	(4) the individual or company maintaining the manufactured
62.23 	homes, with the assistance and approval of the city or town
62.24 	where the homes are located, develops and posts in conspicuous
62.25 	locations near the homes, a shelter or safe evacuation plan in
62.26 	the event of severe weather conditions, such as tornadoes, high
62.27 	winds, and floods; and 
62.28 	(5) the individual or company maintains the homes in a
62.29 	clean, orderly, and sanitary condition.
62.30 	
EFFECTIVE DATE. This section is effective the day
62.31 	following final enactment.

62.32 	Sec. 86. Minnesota Statutes 2004, section 394.25,
62.33 	subdivision 3c, is amended to read:
62.34 		Subd. 3c.Feedlot zoning ordinances.  (a) A county
62.35 	proposing to adopt a new feedlot ordinance or amend an existing
62.36 	feedlot ordinance must notify the Pollution Control Agency and
63.1 	commissioner of agriculture at the beginning of the process, no
63.2 	later than the notice of the first hearing proposing to adopt or
63.3 	amend an ordinance purporting to address feedlots.
63.4 	(b) Prior to final approval of a feedlot ordinance, a
63.5 	county board may submit a copy of the proposed ordinance to the
63.6 	Pollution Control Agency and to the commissioner of agriculture
63.7 	and request review, comment, and preparation of recommendations.
63.8 	(c) The agencies' response to the county may include:
63.9 	(1) any recommendations for improvements in the ordinance;
63.10 	and 
63.11 	(2) the legal, economic, or scientific justification for
63.12 	each recommendation under clause (1).
63.13 	(d) At the request of any member of the county board, the
63.14 	county must prepare a report on the environmental and
63.15 	agricultural economic effects from specific provisions in the
63.16 	ordinance. Economic analysis must state whether the ordinance
63.17 	will affect the local economy and describe the kinds of
63.18 	businesses affected and the projected impact the proposal will
63.19 	have on those businesses.  To assist the county, the
63.20 	commissioner of agriculture, in cooperation with the Department
63.21 	of Employment and Economic Development, must develop a template
63.22 	for measuring local economic effects and make it available to
63.23 	the county.  The report must be submitted to the commissioners
63.24 	of employment and economic development and agriculture along
63.25 	with the proposed ordinance.
63.26 	(c) The report may include:
63.27 	(1) any recommendations for improvements in the ordinance;
63.28 	and 
63.29 	(2) the legal, social, economic, or scientific
63.30 	justification for each recommendation under clause (1).
63.31 	(d) (e) A local ordinance that contains a setback for new
63.32 	feedlots from existing residences must also provide for a new
63.33 	residence setback from existing feedlots located in areas zoned
63.34 	agricultural at the same distances and conditions specified in
63.35 	the setback for new feedlots, unless the new residence is built
63.36 	to replace an existing residence.  A county may grant a variance
64.1 	from this requirement under section 394.27, subdivision 7.
64.2 	
EFFECTIVE DATE. This section is effective the day
64.3 	following final enactment.

64.4 	Sec. 87. Minnesota Statutes 2004, section 462.355,
64.5 	subdivision 4, is amended to read:
64.6 		Subd. 4.Interim ordinance. (a) If a municipality is
64.7 	conducting studies or has authorized a study to be conducted or
64.8 	has held or has scheduled a hearing for the purpose of
64.9 	considering adoption or amendment of a comprehensive plan or
64.10 	official controls as defined in section 462.352, subdivision 15,
64.11 	or if new territory for which plans or controls have not been
64.12 	adopted is annexed to a municipality, the governing body of the
64.13 	municipality may adopt an interim ordinance applicable to all or
64.14 	part of its jurisdiction for the purpose of protecting the
64.15 	planning process and the health, safety and welfare of its
64.16 	citizens.  The interim ordinance may regulate, restrict or
64.17 	prohibit any use, development, or subdivision within the
64.18 	jurisdiction or a portion thereof for a period not to exceed one
64.19 	year from the date it is effective.
64.20 	(b) If a proposed interim ordinance purports to regulate,
64.21 	restrict, or prohibit activities relating to livestock
64.22 	production, a public hearing must be held following a ten-day
64.23 	notice given by publication in a newspaper of general
64.24 	circulation in the municipality before the interim ordinance
64.25 	takes effect.
64.26 	(c) The period of an interim ordinance applicable to an
64.27 	area that is affected by a city's master plan for a municipal
64.28 	airport may be extended for such additional periods as the
64.29 	municipality may deem appropriate, not exceeding a total
64.30 	additional period of 18 months in the case where the Minnesota
64.31 	Department of Transportation has requested a city to review its
64.32 	master plan for a municipal airport prior to August 1, 2004.  In
64.33 	all other cases, no interim ordinance may halt, delay, or impede
64.34 	a subdivision which has been given preliminary approval, nor may
64.35 	any interim ordinance extend the time deadline for agency action
64.36 	set forth in section 15.99 with respect to any application filed
65.1 	prior to the effective date of the interim ordinance.  The
65.2 	governing body of the municipality may extend the interim
65.3 	ordinance after a public hearing and written findings have been
65.4 	adopted based upon one or more of the conditions in clause (1),
65.5 	(2), or (3).  The public hearing must be held at least 15 days
65.6 	but not more than 30 days before the expiration of the interim
65.7 	ordinance, and notice of the hearing must be published at least
65.8 	ten days before the hearing.  The interim ordinance may be
65.9 	extended for the following conditions and durations, but, except
65.10 	as provided in clause (3), an interim ordinance may not be
65.11 	extended more than an additional 18 months:
65.12 	(1) up to an additional 120 days following the receipt of
65.13 	the final approval or review by a federal, state, or
65.14 	metropolitan agency when the approval is required by law and the
65.15 	review or approval has not been completed and received by the
65.16 	municipality at least 30 days before the expiration of the
65.17 	interim ordinance;
65.18 	(2) up to an additional 120 days following the completion
65.19 	of any other process required by a state statute, federal law,
65.20 	or court order, when the process is not completed at least 30
65.21 	days before the expiration of the interim ordinance; or
65.22 	(3) up to an additional one year if the municipality has
65.23 	not adopted a comprehensive plan under this section at the time
65.24 	the interim ordinance is enacted.
65.25 	
EFFECTIVE DATE. This section is effective the day
65.26 	following final enactment.

65.27 	Sec. 88. Minnesota Statutes 2004, section 462.357, is
65.28 	amended by adding a subdivision to read:
65.29 		Subd. 9.Feedlot zoning controls. (a) A municipality
65.30 	proposing to adopt a new feedlot zoning control or to amend an
65.31 	existing feedlot zoning control must notify the Pollution
65.32 	Control Agency and commissioner of agriculture at the beginning
65.33 	of the process, no later than the date notice is given of the
65.34 	first hearing proposing to adopt or amend a zoning control
65.35 	purporting to address feedlots.
65.36 	(b) Prior to final approval of a feedlot zoning control, a
66.1 	municipality may submit a copy of the proposed zoning control to
66.2 	the Pollution Control Agency and to the commissioner of
66.3 	agriculture and request review, comment, and recommendations.
66.4 	(c) The agencies' response to the municipality may include:
66.5 	(1) any recommendations for improvements in the ordinance;
66.6 	and 
66.7 	(2) the legal, economic, or scientific justification for
66.8 	each recommendation under clause (1).
66.9 	(d) At the request of any member of the municipality's
66.10 	governing body, the municipality must prepare a report on the
66.11 	economic effects from specific provisions in the ordinance.
66.12 	Economic analysis must state whether the ordinance will affect
66.13 	the local economy and describe the kinds of businesses affected
66.14 	and the projected impact the proposal will have on those
66.15 	businesses.  To assist the municipality, the commissioner of
66.16 	agriculture, in cooperation with the Department of Employment
66.17 	and Economic Development, must develop a template for measuring
66.18 	local economic effects and make it available to the
66.19 	municipality.  The report must be submitted to the commissioners
66.20 	of employment and economic development and agriculture along
66.21 	with the proposed ordinance.
66.22 	
EFFECTIVE DATE. This section is effective the day
66.23 	following final enactment.

66.24 	Sec. 89. [583.215] EXPIRATION.
66.25 	Sections 336.9-601, subsections (h) and (i); 550.365;
66.26 	559.209; 582.039; and 583.20 to 583.32, expire June 30, 2009.

66.27 	EFFECTIVE DATE. This section is effective the day
66.28 	following final enactment.

66.29 	Sec. 90. [604.17] PERSONAL RESPONSIBILITY IN FOOD
66.30 	CONSUMPTION ACT.
66.31 		Subdivision 1.Title. This act may be cited as the
66.32 	Personal Responsibility in Food Consumption Act.
66.33 		Subd. 2.Definitions. (a) For purposes of this section
66.34 	the following terms have the meanings given.
66.35 	(b) "Long-term consumption" means the cumulative effect of
66.36 	the consumption of food or nonalcoholic beverages, and not the
67.1 	effect of a single instance of consumption.
67.2 	(c) "Party" means an individual, corporation, company,
67.3 	association, firm, partnership, society, joint stock company, or
67.4 	any other entity, including any governmental entity.
67.5 		Subd. 3.Immunity from civil liability. A producer,
67.6 	grower, manufacturer, packer, distributor, carrier, holder,
67.7 	marketer, or seller of a food or nonalcoholic beverage intended
67.8 	for human consumption, or an association of one or more of such
67.9 	entities, shall not be subject to civil liability based on any
67.10 	individual's or group of individuals' purchase or consumption of
67.11 	food or nonalcoholic beverages in cases where liability arises
67.12 	from weight gain or obesity resulting from the individual's or
67.13 	group of individuals' long-term purchase or consumption of a
67.14 	food or nonalcoholic beverage.
67.15 		Subd. 4.Actions permitted. Subdivision 3 does not apply
67.16 	to a claim of weight gain or obesity that is based on:
67.17 	(1) a material violation of an adulteration or misbranding
67.18 	requirement prescribed by state or federal statute, rule, or
67.19 	regulation and the claimed injury was proximately caused by the
67.20 	violation; or 
67.21 	(2) any other material violation of federal or state law
67.22 	applicable to the manufacturing, marketing, distribution,
67.23 	advertising, labeling, or sale of food and the claimed injury
67.24 	was proximately caused by the violation.

67.25 	Sec. 91. TRANSFER OF FUNDS; DEPOSIT OF REPAYMENTS.
 67.26 	The remaining balances in the revolving accounts in
67.27 	Minnesota Statutes, sections 41B.046 and 41B.049, that are
67.28 	dedicated to rural finance authority loan programs under those
67.29 	sections, are transferred to the revolving loan account
67.30 	established in Minnesota Statutes, section 41B.06, on the
67.31 	effective date of this section.  All future receipts from
67.32 	value-added agricultural product loans and methane digester
67.33 	loans originated under Minnesota Statutes, sections 41B.046 and
67.34 	41B.049, must be deposited in the revolving loan account
67.35 	established in Minnesota Statutes, section 41B.06.

67.36 	EFFECTIVE DATE. This section is effective the day
68.1 	following final enactment.

68.2 	Sec. 92. AGRICULTURAL NUTRIENT TASK FORCE.
 68.3 	(a) There is created an Agricultural Nutrient Task Force
68.4 	consisting of two members of the senate appointed by the chair
68.5 	of the senate Committee on Agriculture, Veterans and Gaming; two
68.6 	members of the house of representatives appointed by the chair
68.7 	of the house Committee on Agriculture and Rural Development, and
68.8 	at least 15 public members appointed by the commissioner of
68.9 	agriculture.  The public members must be broadly representative
68.10 	of the diverse range of persons interested in and knowledgeable
68.11 	about agricultural soil nutrients and must include
68.12 	representatives of agricultural crop growers, fertilizer
68.13 	retailers, soil nutrient consultants, and agricultural soil and
68.14 	nutrient researchers.  Public members of the task force must
68.15 	serve without compensation or reimbursement of personal expenses.
68.16 	(b) The commissioner of agriculture must convene the first
68.17 	meeting of the task force and must provide office support
68.18 	services to the task force as needed.  The task force may
68.19 	determine the date, location, and agenda of additional meetings.
68.20 	(c) The task force must review and make recommendations on
68.21 	at least the following topics and practices:
68.22 	(1) the need for research, education, and training in the
68.23 	selection and application of agricultural fertilizer and soil
68.24 	nutrients in the state;
68.25 	(2) the imposition of a tonnage fee on all agricultural
68.26 	fertilizer applied in Minnesota and the designated uses of the
68.27 	proceeds from the fee;
68.28 	(3) the desirability of amending statutes and rules that
68.29 	apply to the selection, purchase, storage, and application of
68.30 	agricultural fertilizer and soil nutrients, including the
68.31 	reasonableness of rules for their on-farm storage; and 
68.32 	(4) methods of inspection and monitoring for compliance
68.33 	with fertilizer regulations to protect against the theft of
68.34 	anhydrous ammonia for production of methamphetamine.
68.35 	(d) On behalf of the task force, not later than February
68.36 	15, 2006, the commissioner of agriculture shall prepare and
69.1 	deliver to the standing agriculture policy committees of the
69.2 	senate and the house of representatives a report and list of
69.3 	recommendations for changes in statutes and rules.
69.4 	(e) The task force expires June 30, 2006.

69.5 	EFFECTIVE DATE. This section is effective the day
69.6 	following final enactment for purposes of making membership
69.7 	appointments to the Agricultural Nutrient Task Force.

69.8 	Sec. 93. STUDY; BIODIESEL FUEL FOR RESIDENTIAL,
69.9 	COMMERCIAL, AND INDUSTRIAL HEATING.
 69.10 	(a) From the money available to the commissioner of
69.11 	commerce for purposes of studies and technical assistance by the
69.12 	reliability administrator under Minnesota Statutes, section
69.13 	216C.052, and in conformity with the goals and directives of
69.14 	Minnesota Statutes, section 16B.325, the reliability
69.15 	administrator shall perform a comprehensive technical and
69.16 	economic analysis of the benefits to be derived from using
69.17 	biodiesel fuel as defined in Minnesota Statutes, section 239.77,
69.18 	subdivision 1, or biodiesel fuel blends, as a residential,
69.19 	commercial, and industrial heating fuel.  The analysis must
69.20 	consider blends ranging from B2 to B100.
69.21 	(b) Not later than March 15, 2007, the reliability
69.22 	administrator shall report the results of the study and analysis
69.23 	to the appropriate standing committees of the Minnesota senate
69.24 	and house of representatives.

69.25 	Sec. 94. REVISOR'S INSTRUCTION.
 69.26 	The revisor of statutes shall change cross-references in
69.27 	Minnesota Statutes and Minnesota Rules to reflect the amendments
69.28 	and repealers in section 93, paragraph (f), and Minnesota
69.29 	Statutes, sections 17.452, subdivision 5a; 35.153; and 35.155,
69.30 	as amended in this article.

69.31 	Sec. 95. REPEALER.
 69.32 	(a) Minnesota Statutes 2004, section 41B.046, subdivision
69.33 	3, is repealed effective the day following final enactment.
69.34 	(b) Minnesota Statutes 2004, sections 18B.065, subdivision
69.35 	5; and 19.64, subdivision 4a, are repealed.
69.36 	(c) Minnesota Statutes 2004, section 18H.02, subdivisions
70.1 	15 and 19, are repealed.
70.2 	(d) Minnesota Statutes 2004, section 17.983, subdivision 2,
70.3 	is repealed.
70.4 	(e) Minnesota Statutes 2004, section 35.0661, subdivision
70.5 	4, is repealed.
70.6 	(f) Minnesota Statutes 2004, sections 17.451; and 17.452,
70.7 	subdivisions 6, 6a, 7, 10, 11, 12, 13, 13a, 14, 15, and 16, are
70.8 	repealed.
70.9 	(g) Laws 1986, chapter 398, article 1, section 18, as
70.10 	amended by Laws 1987, chapter 292, section 37; Laws 1989,
70.11 	chapter 350, article 16, section 8; Laws 1990, chapter 525,
70.12 	section 1; Laws 1991, chapter 208, section 2; Laws 1993, First
70.13 	Special Session chapter 2, article 6, section 2; Laws 1995,
70.14 	chapter 212, article 2, section 11; Laws 1997, chapter 183,
70.15 	article 3, section 29; Laws 1998, chapter 395, section 7; Laws
70.16 	1998, chapter 402, section 6; Laws 1999, chapter 214, article 2,
70.17 	section 19; Laws 2001, chapter 195, article 1, section 23; Laws
70.18 	2001, First Special Session chapter 1, article 2, section 25;
70.19 	and Laws 2001, First Special Session chapter 2, section 150, is
70.20 	repealed.
70.21 	(h) Minnesota Rules, parts 1560.7700; 1560.7750; 1560.7800;
70.22 	1560.7850; 1560.7900; 1560.8000; 1560.8100; 1560.8200;
70.23 	1560.8300; 1560.8400; 1560.8500; 1560.8600; 1560.8700; and
70.24 	1560.8800, are repealed.

70.25 	ARTICLE 2
70.26 	STATE BONDS

70.27 	Section 1. RURAL FINANCE AUTHORITY.
 70.28 		Subdivision 1.Appropriation. $18,000,000 is
70.29 	appropriated from the bond proceeds fund for the purposes set
70.30 	forth in the Minnesota Constitution, article XI, section 5,
70.31 	clause (h), to the Rural Finance Authority to purchase
70.32 	participation interests in or to make direct agricultural loans
70.33 	to farmers under Minnesota Statutes, chapter 41B.  This
70.34 	appropriation is for the beginning farmer program under
70.35 	Minnesota Statutes, section 41B.039; the loan restructuring
70.36 	program under Minnesota Statutes, section 41B.04; the
71.1 	seller-sponsored program under Minnesota Statutes, section
71.2 	41B.042; the agricultural improvement loan program under
71.3 	Minnesota Statutes, section 41B.043; and the livestock expansion
71.4 	loan program under Minnesota Statutes, section 41B.045.  All
71.5 	debt service on bond proceeds used to finance this appropriation
71.6 	must be repaid by the Rural Finance Authority under Minnesota
71.7 	Statutes, section 16A.643.  Loan participations must be priced
71.8 	to provide full interest and principal coverage and a reserve
71.9 	for potential losses.  Priority for loans must be given first to
71.10 	basic beginning farmer loans; second, to seller-sponsored loans;
71.11 	and third, to agricultural improvement loans.
71.12 		Subd. 2.Bond sale. To provide the money appropriated in
71.13 	this section from the bond proceeds fund, the commissioner of
71.14 	finance shall sell and issue bonds of the state in an amount up
71.15 	to $18,000,000 in the manner, upon the terms, and with the
71.16 	effect prescribed by Minnesota Statutes, sections 16A.631 to
71.17 	16A.675, and by the Minnesota Constitution, article XI, sections
71.18 	4 to 7.
71.19 	
EFFECTIVE DATE. This section is effective the day
71.20 	following final enactment.