1.1 	A bill for an act
1.2 	relating to the operation of state government; making certain changes in 
1.3 	agriculture, fuel, and veterans policy; establishing or changing certain programs, 
1.4 	requirements, and procedures; regulating certain activities; establishing a 
1.5 	planning group and a working group;amending Minnesota Statutes 2006, 
1.6 	sections 13.785, by adding a subdivision; 18B.065, subdivisions 2, 7; 18B.07, 
1.7 	subdivision 2; 18D.305, subdivision 2; 18E.04, subdivision 2; 28A.03, by adding 
1.8 	a subdivision; 28A.08; 28A.082, by adding a subdivision; 28A.09, subdivision 
1.9 	1; 29.23; 31.05; 31.171; 41D.01, subdivision 4; 97A.028, subdivision 3; 
1.10 	148.01, subdivision 1, by adding subdivisions; 196.021; 196.03; 197.236; 
1.11 	198.32, subdivision 1; 239.77, as amended; 349.12, subdivision 3a; 609.115, by 
1.12 	adding a subdivision; Minnesota Statutes 2007 Supplement, sections 18B.065, 
1.13 	subdivisions 1, 2a; 18B.26, subdivision 3; 31.175; 35.244; 41A.105, subdivision 
1.14 	2; 197.791, subdivisions 1, 4, 5; 296A.01, subdivision 8a; Laws 2007, chapter 
1.15 	45, article 1, section 3, subdivisions 3, 4, 5; proposing coding for new law in 
1.16 	Minnesota Statutes, chapters 17; 32; 148; 192; 196; 197; repealing Minnesota 
1.17 	Statutes 2006, sections 197.236, subdivisions 7, 10; 198.001, subdivisions 6, 9; 
1.18 	198.002, subdivisions 1, 3, 6; 198.003, subdivisions 5, 6; 198.004, subdivision 2; 
1.19 	Minnesota Statutes 2007 Supplement, sections 41A.105, subdivision 5; 198.002, 
1.20 	subdivision 2; 198.004, subdivision 1; Minnesota Rules, part 9050.0040, subpart 
1.21 	15.
1.22 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.23 	ARTICLE 1
1.24 	AGRICULTURE POLICY

1.25 	Section 1. [17.118] LIVESTOCK INVESTMENT GRANT PROGRAM.
1.26 		Subdivision 1.Establishment. The commissioner may award a livestock investment 
1.27 	grant to a person who raises livestock in this state equal to ten percent of the first $500,000 
1.28 	of qualifying expenditures, provided the person makes qualifying expenditures of at least 
1.29 	$4,000. The commissioner may award multiple livestock investment grants to a person 
1.30 	over the life of the program as long as the cumulative amount does not exceed $50,000.
2.1 		Subd. 2.Definitions. (a) For the purposes of this section, the terms defined in this 
2.2 	subdivision have the meanings given them.
2.3 	(b) "Livestock" means beef cattle, dairy cattle, swine, poultry, goats, mules, farmed 
2.4 	cervidae, ratitae, bison, sheep, and llamas.
2.5 	(c) "Qualifying expenditures" means the amount spent for: 
2.6 	(1) the acquisition, construction, or improvement of buildings or facilities for the 
2.7 	production of livestock or livestock products; 
2.8 	(2) the development of pasture for use by livestock including, but not limited to, the 
2.9 	acquisition, development, or improvement of:
2.10 	(i) raceways used by dairy cows returning from pasture to a central location for 
2.11 	milking;
2.12 	(ii) watering systems for livestock on pasture including water lines and booster 
2.13 	pumps and well installations; and
2.14 	(iii) livestock stream crossing stabilization; or
2.15 	(3) the acquisition of equipment for livestock housing, confinement, feeding, and 
2.16 	waste management including, but not limited to, the following:
2.17 	(i) freestall barns;
2.18 	(ii) watering facilities;
2.19 	(iii) feed storage and handling equipment;
2.20 	(iv) milking parlors;
2.21 	(v) robotic equipment;
2.22 	(vi) scales;
2.23 	(vii) milk storage and cooling facilities;
2.24 	(viii) bulk tanks;
2.25 	(ix) computer hardware and software and associated equipment used to monitor 
2.26 	the productivity and feeding of livestock;
2.27 	(x) manure pumping and storage facilities;
2.28 	(xi) swine farrowing facilities;
2.29 	(xii) swine and cattle finishing barns;
2.30 	(xiii) calving facilities;
2.31 	(xiv) digesters;
2.32 	(xv) equipment used to produce energy;
2.33 	(xvi) on-farm processing facilities and equipment; and
2.34 	(xvii) fences.
2.35 	Except for qualifying pasture development expenditures under clause (2), qualifying 
2.36 	expenditures only include amounts that are allowed to be capitalized and deducted under 
3.1 	either section 167 or 179 of the Internal Revenue Code in computing federal taxable 
3.2 	income. Qualifying expenditures do not include an amount paid to refinance existing debt.
3.3 	(d) "Qualifying period" means, for a grant awarded during a fiscal year, that full 
3.4 	calendar year of which the first six months precede the first day of the current fiscal year. 
3.5 	For example, an eligible person who makes qualifying expenditures during calendar 
3.6 	year 2008 is eligible to receive a livestock investment grant between July 1, 2008, and 
3.7 	June 30, 2009.
3.8 		Subd. 3.Eligibility. (a) To be eligible for a livestock investment grant, a person 
3.9 	must: 
3.10 	(1) be a resident of Minnesota or an entity authorized to farm in this state under 
3.11 	section 500.24, subdivision 3;
3.12 	(2) be the principal operator of the farm;
3.13 	(3) hold an appropriate feedlot registration; and
3.14 	(4) apply to the commissioner on forms prescribed by the commissioner including a 
3.15 	statement of the qualifying expenditures made during the qualifying period along with any 
3.16 	proof or other documentation the commissioner may require.
3.17 	(b) The $50,000 maximum grant applies at the entity level for partnerships, S 
3.18 	corporations, C corporations, trusts, and estates as well as at the individual level. In the 
3.19 	case of married individuals, the grant is limited to $50,000 for a married couple.
3.20 		Subd. 4.Process. The commissioner shall review completed applications and 
3.21 	award grants to eligible applicants in the order in which applications were received by 
3.22 	the commissioner. The commissioner shall certify eligible applications up to the amount 
3.23 	appropriated for a fiscal year. The commissioner must place any additional eligible 
3.24 	applications on a waiting list and, notwithstanding subdivision 2, paragraph (c), give 
3.25 	them priority during the next fiscal year. The commissioner shall notify in writing any 
3.26 	applicant who applies for a grant and is ineligible under the provisions of this section 
3.27 	as well as any applicant whose application is received or reviewed after the fiscal year 
3.28 	funding limit has been reached. 
3.29 		Subd. 5.Livestock investment grant account. A livestock investment grant 
3.30 	account is hereby established in the agricultural fund to receive general fund appropriations 
3.31 	and money transferred from other accounts. Any interest earned on money in the account 
3.32 	accrues to the account. Money in the account is appropriated to the commissioner for 
3.33 	the purposes of the livestock investment grant program, including costs incurred to 
3.34 	administer the program.

4.1 	Sec. 2. Minnesota Statutes 2007 Supplement, section 18B.065, subdivision 1, is 
4.2 	amended to read:
4.3 		Subdivision 1.Collection and disposal. The commissioner of agriculture shall 
4.4 	establish and operate a program to collect and dispose of waste pesticides. The program 
4.5 	must be made available to agricultureagricultural and residential pesticide end users 
4.6 	whose waste generating activity occurs in this state.

4.7 	EFFECTIVE DATE. This section is effective July 1, 2008, and applies to all 
4.8 	cooperative agreements entered into by the commissioner of agriculture and local units of 
4.9 	government for waste pesticide collection and disposal after that date.

4.10 	Sec. 3. Minnesota Statutes 2006, section 18B.065, subdivision 2, is amended to read:
4.11 		Subd. 2.Implementation. (a) The commissioner may obtain a United States 
4.12 	Environmental Protection Agency hazardous waste identification number to manage the 
4.13 	waste pesticides collected.
4.14 	(b) The commissioner may not limit the type and quantity of waste pesticides 
4.15 	accepted for collection and may not assess pesticide end users for portions of the costs 
4.16 	incurred.

4.17 	Sec. 4. Minnesota Statutes 2007 Supplement, section 18B.065, subdivision 2a, is 
4.18 	amended to read:
4.19 		Subd. 2a.Disposal site requirement. (a) For agricultural waste pesticides, the 
4.20 	commissioner must designate a place in each county of the state that is available at least 
4.21 	every other year for persons to dispose of unused portions of agricultural pesticides 
4.22 	in accordance with subdivision 1. The commissioner shall consult with the person 
4.23 	responsible for solid waste management and disposal in each county to determine an 
4.24 	appropriate location and to advertise each collection event.
4.25 	(b) For residential waste pesticides, the commissioner must provide periodic 
4.26 	disposal opportunities each year in each county. As provided under subdivision 7, the 
4.27 	commissioner may enter into agreements with county or regional solid waste management 
4.28 	entities to provide these collections and shall provide these entities with funding for all 
4.29 	costs incurred including, but not limited to, related supplies, transportation, advertising, 
4.30 	and disposal costs as well as reasonable overhead costs.
4.31 	(c) The person responsible for waste pesticide collections under paragraphs (a) and 
4.32 	(b) shall record information on each waste pesticide product collected including, but not 
4.33 	limited to, the product name, active ingredient or ingredients, and the quantity. The person 
4.34 	must submit this information to the commissioner at least annually.

5.1 	EFFECTIVE DATE. This section is effective July 1, 2008, and applies to all 
5.2 	cooperative agreements entered into by the commissioner of agriculture and local units of 
5.3 	government for waste pesticide collection and disposal after that date.

5.4 	Sec. 5. Minnesota Statutes 2006, section 18B.065, subdivision 7, is amended to read:
5.5 		Subd. 7.Cooperative agreements. The commissioner may enter into cooperative 
5.6 	agreements with state agencies and local units of government for administration of the 
5.7 	waste pesticide collection program. The commissioner shall ensure that the program is 
5.8 	carried out in all counties. If the commissioner cannot contract with another party to 
5.9 	administer the program in a county, the commissioner shall perform collections according 
5.10 	to the provisions of this section.

5.11 	Sec. 6. Minnesota Statutes 2006, section 18B.07, subdivision 2, is amended to read:
5.12 		Subd. 2.Prohibited pesticide use. (a) A person may not use, store, handle, 
5.13 	distribute, or dispose of a pesticide, rinsate, pesticide container, or pesticide application 
5.14 	equipment in a manner:
5.15 	(1) that is inconsistent with a label or labeling as defined by FIFRA;
5.16 	(2) that endangers humans, damages agricultural products, food, livestock, fish, 
5.17 	or wildlife; or
5.18 	(3) that will cause unreasonable adverse effects on the environment.
5.19 	(b) A person may not direct a pesticide onto property beyond the boundaries of the 
5.20 	target site. A person may not apply a pesticide resulting in damage to adjacent property.
5.21 	(c) A person may not directly apply a pesticide on a human by overspray or target 
5.22 	site spray, except when:
5.23 	(1) the pesticide is intended for use on a human;
5.24 	(2) the pesticide application is for mosquito control operations;
5.25 	(3) the pesticide application is for control of gypsy moth, forest tent caterpillar, 
5.26 	or other pest species, as determined by the commissioner, and the pesticide used is a 
5.27 	biological agent; or
5.28 	(4) the pesticide application is for a public health risk, as determined by the 
5.29 	commissioner of health, and the commissioner of health, in consultation with the 
5.30 	commissioner of agriculture, determines that the application is warranted based on 
5.31 	the commissioner's balancing of the public health risk with the risk that the pesticide 
5.32 	application poses to the health of the general population, with special attention to the 
5.33 	health of children.
6.1 	(d) For pesticide applications under paragraph (c), clause (2), the following 
6.2 	conditions apply:
6.3 	(1) no practicable and effective alternative method of control exists;
6.4 	(2) the pesticide is among the least toxic available for control of the target pest; and
6.5 	(3) notification to residents in the area to be treated is provided at least 24 hours 
6.6 	before application through direct notification, posting daily on the treating organization's 
6.7 	Web site, if any, and by sending a broadcast e-mail to those persons who request 
6.8 	notification of such, of those areas to be treated by adult mosquito control techniques 
6.9 	during the next calendar day. For control operations related to human disease, notice under 
6.10 	this paragraph may be given less than 24 hours in advance.
6.11 	(e) For pesticide applications under paragraph (c), clauses (3) and (4), the following 
6.12 	conditions apply:
6.13 	(1) no practicable and effective alternative method of control exists;
6.14 	(2) the pesticide is among the least toxic available for control of the target pest; and
6.15 	(3) notification of residents in the area to be treated is provided by direct notification 
6.16 	and through publication in a newspaper of general circulation within the affected area.
6.17 	(f) For purposes of this subdivision, "direct notification" may include mailings, 
6.18 	public meetings, posted placards, neighborhood newsletters, or other means of contact 
6.19 	designed to reach as many residents as possible. Public meetings held to meet this 
6.20 	requirement for adult mosquito control, under paragraph (d), must be held within each 
6.21 	city or town where the pesticide treatments are to be made, at a time and location that is 
6.22 	convenient for residents of the area where the treatments will occur.
6.23 	(g) A person may not apply a pesticide in a manner so as to expose a worker in an 
6.24 	immediately adjacent, open field.
6.25 	(h) Except for public health purposes, it is a violation of this chapter to apply for hire 
6.26 	a pesticide to the incorrect site or to a site where an application has not been requested, 
6.27 	ordered, or contracted for by the property owner or lawful manager or property manager 
6.28 	of the site, notwithstanding that the application is done in a manner consistent with the 
6.29 	label or labeling.

6.30 	Sec. 7. Minnesota Statutes 2007 Supplement, section 18B.26, subdivision 3, is 
6.31 	amended to read:
6.32 		Subd. 3.Application fee. (a) A registrant shall pay an annual application fee for 
6.33 	each pesticide to be registered, and this fee is set at 0.4 percent of annual gross sales 
6.34 	within the state and annual gross sales of pesticides used in the state, with a minimum 
6.35 	nonrefundable fee of $250. The registrant shall determine when and which pesticides 
7.1 	are sold or used in this state. The registrant shall secure sufficient sales information of 
7.2 	pesticides distributed into this state from distributors and dealers, regardless of distributor 
7.3 	location, to make a determination. Sales of pesticides in this state and sales of pesticides 
7.4 	for use in this state by out-of-state distributors are not exempt and must be included in the 
7.5 	registrant's annual report, as required under paragraph (c), and fees shall be paid by the 
7.6 	registrant based upon those reported sales. Sales of pesticides in the state for use outside 
7.7 	of the state are exempt from the application fee in this paragraph if the registrant properly 
7.8 	documents the sale location and distributors. A registrant paying more than the minimum 
7.9 	fee shall pay the balance due by March 1 based on the gross sales of the pesticide by the 
7.10 	registrant for the preceding calendar year. The fee for disinfectants and sanitizers shall be 
7.11 	the minimum. The minimum fee is due by December 31 preceding the year for which 
7.12 	the application for registration is made. The commissioner shall spend at least $400,000, 
7.13 	not including the commissioner's administrative costs, per fiscal year from the pesticide 
7.14 	regulatory account for the purposes of the waste pesticide collection program. In each 
7.15 	fiscal year, the commissioner shall allocate from the pesticide regulatory account a sum 
7.16 	sufficient to collect and dispose of waste pesticides under section 18B.065. However, 
7.17 	notwithstanding section 18B.065, if at the end of any fiscal year the balance in the pesticide 
7.18 	regulatory account is less than $1,000,000, the commissioner may suspend waste pesticide 
7.19 	collections or provide partial payment to a person for waste pesticide collection. The 
7.20 	commissioner must notify as soon as possible and no later than August 1 a person under 
7.21 	contract to collect waste pesticides of an anticipated suspension or payment reduction.
7.22 	(b) An additional fee of $100 must be paid by the applicant for each pesticide to be 
7.23 	registered if the application is a renewal application that is submitted after December 31.
7.24 	(c) A registrant must annually report to the commissioner the amount and type of 
7.25 	each registered pesticide sold, offered for sale, or otherwise distributed in the state. The 
7.26 	report shall be filed by March 1 for the previous year's registration. The commissioner 
7.27 	shall specify the form of the report and require additional information deemed necessary 
7.28 	to determine the amount and type of pesticides annually distributed in the state. The 
7.29 	information required shall include the brand name, amount, and formulation of each 
7.30 	pesticide sold, offered for sale, or otherwise distributed in the state, but the information 
7.31 	collected, if made public, shall be reported in a manner which does not identify a specific 
7.32 	brand name in the report.
7.33 	(d) A registrant who is required to pay more than the minimum fee for any pesticide 
7.34 	under paragraph (a) must pay a late fee penalty of $100 for each pesticide application fee 
7.35 	paid after March 1 in the year for which the license is to be issued.

8.1 	EFFECTIVE DATE. This section is effective July 1, 2008, and applies to all 
8.2 	cooperative agreements entered into by the commissioner of agriculture and local units of 
8.3 	government for waste pesticide collection and disposal after that date.

8.4 	Sec. 8. Minnesota Statutes 2006, section 18D.305, subdivision 2, is amended to read:
8.5 		Subd. 2.Revocation and suspension. (a) The commissioner may, after written 
8.6 	notice and hearing, revoke, suspend, or refuse to grant or renew a registration, permit, 
8.7 	license, or certification if a person violates a provision of this chapter or has a history 
8.8 	within the last three years of violations of this chapter.
8.9 	(b) The commissioner may refuse to accept an application for a registration, permit, 
8.10 	license, or certification, and may revoke or suspend a previously issued registration, 
8.11 	permit, license, or certification of a person from another state if that person has:
8.12 	(1) had a registration, permit, license, or certification denied, revoked, or suspended 
8.13 	by another state for an offense reasonably related to the requirements, qualifications, or 
8.14 	duties of a registration, permit, license, or certification issued under chapter 18B or 18C; or
8.15 	(2) been convicted of a violation, had a history of violations, or been subject to a 
8.16 	final order imposing civil penalties authorized under the Federal Insecticide, Fungicide 
8.17 	and Rodenticide Act (FIFRA), as amended.

8.18 	Sec. 9. Minnesota Statutes 2006, section 18E.04, subdivision 2, is amended to read:
8.19 		Subd. 2.Payment of corrective action costs. (a) On request by an eligible person, 
8.20 	the board may pay the eligible person for the reasonable and necessary cash disbursements 
8.21 	for corrective action costs incurred by the eligible person as provided under subdivision 4 
8.22 	if the board determines:
8.23 	(1) the eligible person pays the first $1,000 of the corrective action costs;
8.24 	(2) the eligible person provides the board with a sworn affidavit and other convincing 
8.25 	evidence that the eligible person is unable to pay additional corrective action costs;
8.26 	(3) the eligible person continues to assume responsibility for carrying out the 
8.27 	requirements of corrective action orders issued to the eligible person or that are in effect;
8.28 	(4) the incident was reported as required in chapters 18B, 18C, and 18D; and
8.29 	(5) the eligible person submits an application for payment or reimbursement to the 
8.30 	department, along with associated invoices, within three years of (i) incurring eligible 
8.31 	corrective action costs performance of the eligible work, or (ii) approval of a the related
8.32 	corrective action design or plan for that work, whichever is later.
8.33 	(b) The eligible person must submit an application for payment or reimbursement of 
8.34 	eligible cost incurred prior to July 1, 2001, no later than June 1, 2004.
9.1 	(c) An eligible person is not eligible for payment or reimbursement and must refund 
9.2 	amounts paid or reimbursed by the board if false statements or misrepresentations are 
9.3 	made in the affidavit or other evidence submitted to the commissioner to show an inability 
9.4 	to pay corrective action costs.
9.5 	(d) The board may pay the eligible person and one or more designees by multiparty 
9.6 	check.

9.7 	Sec. 10. Minnesota Statutes 2006, section 28A.03, is amended by adding a subdivision 
9.8 	to read:
9.9 		Subd. 10.Vending machine. "Vending machine" means a self-service device that, 
9.10 	upon insertion of a coin, paper currency, token, card, or key, dispenses unit servings of 
9.11 	food in bulk or in packages without the necessity of replenishing the device between 
9.12 	each vending operation.

9.13 	Sec. 11. Minnesota Statutes 2006, section 28A.08, is amended to read:
9.14 	28A.08 LICENSE FEES; PENALTIES.
9.15 		Subdivision 1.General. License fees, penalties for late renewal of licenses, and 
9.16 	penalties for not obtaining a license before conducting business in food handling that are 
9.17 	set in this section apply to the sections named except as provided under section 28A.09. 
9.18 	Except as specified herein, bonds and assessments based on number of units operated or 
9.19 	volume handled or processed which are provided for in said laws shall not be affected, 
9.20 	nor shall any penalties for late payment of said assessments, nor shall inspection fees, be 
9.21 	affected by this chapter. The penalties may be waived by the commissioner. Fees for all 
9.22 	new licenses must be based on the anticipated future gross annual food sales. If a firm is 
9.23 	found to be operating for multiple years without paying license fees, the state may collect 
9.24 	the appropriate fees and penalties for each year of operation.
9.25 		Subd. 3.Fees effective July 1, 2003.
 
9.26					Penalties
	
9.27
9.28
9.29	Type of food handler
	License Fee 
Effective 
July 1, 2003
	Late 
Renewal
	No License
	
9.30	1.
	Retail food handler
					
9.31
9.32
9.33
9.34
9.35		(a) Having gross sales of only 
prepackaged nonperishable food of 
less than $15,000 for the immediately 
previous license or fiscal year and filing a 
statement with the commissioner
		$ 50
	$ 17
	$ 33
	
10.1
10.2
10.3
10.4
10.5		(b) Having under $15,000 gross sales
or service including food preparation or 
having $15,000 to $50,000 gross sales 
or service for the immediately previous 
license or fiscal year
		$ 77
	$ 25
	$ 51
	
10.6
10.7
10.8		(c) Having $50,001 to $250,000 gross 
sales or service for the immediately 
previous license or fiscal year
		$155
	$ 51
	$102
	
10.910.10
10.11
		(d) Having $250,001 to $1,000,000 gross 
sales or service for the immediately 
previous license or fiscal year
		$276
	$ 91
	$ 182
	
10.12
10.13
10.14		(e) Having $1,000,001 to $5,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$799
	$264
	$527
	
10.15
10.16
10.17		(f) Having $5,000,001 to $10,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$1,162
	$383
	$767
	
10.18
10.19
10.20		(g) Having $10,000,001 to $15,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$1,376
	$454
	$908
	
10.21
10.22
10.23		(h) Having $15,000,001 to $20,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$1,607
	$530
	$1,061
	
10.24
10.25
10.26		(i) Having $20,000,001 to $25,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$1,847
	$610
	$1,219
	
10.27
10.28
10.29		(j) Having over $25,000,001 gross sales 
or service for the immediately previous 
license or fiscal year
		$2,001
	$660
	$1,321
	
10.30	2.
	Wholesale food handler
					
10.31
10.32
10.33		(a) Having gross sales or service of 
less than $25,000 for the immediately 
previous license or fiscal year
		$ 57
	$ 19
	$ 38
	
10.34
10.35
10.36		(b) Having $25,001 to $250,000 gross 
sales or service for the immediately 
previous license or fiscal year
		$284
	$ 94
	$187
	
10.37
10.38
10.39
10.40
10.41		(c) Having $250,001 to $1,000,000 
gross sales or service from a mobile unit 
without a separate food facility for the 
immediately previous license or fiscal 
year
		$444
	$147
	$293
	
10.42
10.43
10.44
10.45		(d) Having $250,001 to $1,000,000 
gross sales or service not covered 
under paragraph (c) for the immediately 
previous license or fiscal year
		$590
	$195
	$389
	
10.46
10.47
10.48		(e) Having $1,000,001 to $5,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$769
	$254
	$508
	
10.49
10.50
10.51		(f) Having $5,000,001 to $10,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$920
	$304
	$607
	
11.1
11.2
11.3		(g) Having $10,000,001 to $15,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$990
	$327
	$653
	
11.4
11.5
11.6		(h) Having $15,000,001 to $20,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$1,156
	$381
	$763
	
11.7
11.8
11.9		(i) Having $20,000,001 to $25,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$1,329
	$439
	$877
	
11.10
11.11
11.12		(j) Having over $25,000,001 or more 
gross sales or service for the immediately 
previous license or fiscal year
		$1,502
	$496
	$991
	
11.13	3.
	Food broker
		$150
	$ 50
	$ 99
	
11.14	4.
	Wholesale food processor or manufacturer
					
11.15
11.16
11.17		(a) Having gross sales or service of 
less than $125,000 for the immediately 
previous license or fiscal year
		$169
	$ 56
	$112
	
11.18
11.19
11.20		(b) Having $125,001 to $250,000 gross 
sales or service for the immediately 
previous license or fiscal year
		$392
	$129
	$259
	
11.21
11.22
11.23		(c) Having $250,001 to $1,000,000 gross 
sales or service for the immediately 
previous license or fiscal year
		$590
	$195
	$389
	
11.24
11.25
11.26		(d) Having $1,000,001 to $5,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$769
	$254
	$508
	
11.27
11.28
11.29		(e) Having $5,000,001 to $10,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$920
	$304
	$607
	
11.30
11.31
11.32		(f) Having $10,000,001 to $15,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$1,377
	$454
	$909
	
11.33
11.34
11.35		(g) Having $15,000,001 to $20,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$1,608
	$531
	$1,061
	
11.36
11.37
11.38		(h) Having $20,000,001 to $25,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$1,849
	$610
	$1,220
	
11.39
11.40
11.41		(i) Having $25,000,001 to $50,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$2,090
	$690
	$1,379
	
11.42
11.43
11.44		(j) Having $50,000,001 to $100,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$2,330
	$769
	$1,538
	
11.45
11.46
11.47		(k) Having $100,000,000 or more gross 
sales or service for the immediately 
previous license or fiscal year
		$2,571
	$848
	$1,697
	
11.48
11.49
11.50	5.
	Wholesale food processor of meat or 
poultry products under supervision of the 
U.S. Department of Agriculture
					
12.1
12.2
12.3		(a) Having gross sales or service of 
less than $125,000 for the immediately 
previous license or fiscal year
		$112
	$ 37
	$ 74
	
12.4
12.5
12.6		(b) Having $125,001 to $250,000 gross 
sales or service for the immediately 
previous license or fiscal year
		$214
	$ 71
	$141
	
12.7
12.8
12.9		(c) Having $250,001 to $1,000,000 gross 
sales or service for the immediately 
previous license or fiscal year
		$333
	$110
	$220
	
12.10
12.11
12.12		(d) Having $1,000,001 to $5,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$425
	$140
	$281
	
12.13
12.14
12.15		(e) Having $5,000,001 to $10,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$521
	$172
	$344
	
12.16
12.17
12.18		(f) Having over $10,000,001 gross sales 
or service for the immediately previous 
license or fiscal year
		$765
	$252
	$505
	
12.19
12.20
12.21		(g) Having $15,000,001 to $20,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$893
	$295
	$589
	
12.22
12.23
12.24		(h) Having $20,000,001 to $25,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$1,027
	$339
	$678
	
12.25
12.26
12.27		(i) Having $25,000,001 to $50,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$1,161
	$383
	$766
	
12.28
12.29
12.30		(j) Having $50,000,001 to $100,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$1,295
	$427
	$855
	
12.31
12.32
12.33		(k) Having $100,000,001 or more gross 
sales or service for the immediately 
previous license or fiscal year
		$1,428
	$471
	$942
	
12.34
12.35	6.
	Wholesale food processor or manufacturer 
operating only at the State Fair
		$125
	$ 40
	$ 50
	
12.36
12.37
12.38	7.
	Wholesale food manufacturer having the 
permission of the commissioner to use the 
name Minnesota Farmstead cheese
		$ 30
	$ 10
	$ 15
	
12.39	8.
	Nonresident frozen dairy manufacturer
		$200
	$ 50
	$ 75
	
12.40
12.41
12.42	9.
	Wholesale food manufacturer processing 
less than 700,000 pounds per year of raw 
milk
		$ 30
	$ 10
	$ 15
	
12.43
12.44
12.45
12.46
12.47	10.
	A milk marketing organization without 
facilities for processing or manufacturing 
that purchases milk from milk producers 
for delivery to a licensed wholesale food 
processor or manufacturer
		$ 50
	$ 15
	$ 25

12.48 	Sec. 12. Minnesota Statutes 2006, section 28A.082, is amended by adding a 
12.49 	subdivision to read:
13.1 		Subd. 3.Disaster areas. If the governor declares a disaster in an area of the 
13.2 	state, the commissioner of agriculture may waive the plan review fee and direct agency 
13.3 	personnel to expedite the plan review process.

13.4 	Sec. 13. Minnesota Statutes 2006, section 28A.09, subdivision 1, is amended to read:
13.5 		Subdivision 1.Annual fee; exceptions. Every coin-operated food vending machine 
13.6 	is subject to an annual state inspection fee of $25 for each nonexempt machine except 
13.7 	nut vending machines which are subject to an annual state inspection fee of $10 for each 
13.8 	machine, provided that:
13.9 	(a) Food vending machines may be inspected by either a home rule charter or 
13.10 	statutory city, or a county, but not both, and if inspected by a home rule charter or statutory 
13.11 	city, or a county they shall not be subject to the state inspection fee, but the home rule 
13.12 	charter or statutory city, or the county may impose an inspection or license fee of no more 
13.13 	than the state inspection fee. A home rule charter or statutory city or county that does 
13.14 	not inspect food vending machines shall not impose a food vending machine inspection 
13.15 	or license fee.
13.16 	(b) Vending machines dispensing only gum balls, hard candy, unsorted candy, or ice 
13.17 	manufactured and packaged by another shall be, and water dispensing machines serviced 
13.18 	by a cashier, are  exempt from the state inspection fee, but may be inspected by the state. A 
13.19 	home rule charter or statutory city may impose by ordinance an inspection or license fee 
13.20 	of no more than the state inspection fee for nonexempt machines on the vending machines 
13.21 	and water dispensing machines described in this paragraph. A county may impose 
13.22 	by ordinance an inspection or license fee of no more than the state inspection fee for 
13.23 	nonexempt machines on the vending machines and water dispensing machines described 
13.24 	in this paragraph which are not located in a home rule charter or statutory city.
13.25 	(c) Vending machines dispensing only bottled or canned soft drinks are exempt from 
13.26 	the state, home rule charter or statutory city, and county inspection fees, but may be 
13.27 	inspected by the commissioner or the commissioner's designee.

13.28 	Sec. 14. Minnesota Statutes 2006, section 29.23, is amended to read:
13.29 	29.23 GRADING.
13.30 		Subdivision 1.Grades, weight classes and standards for quality. All eggs 
13.31 	purchased on the basis of grade by the first licensed buyer shall be graded in accordance 
13.32 	with grade and weight classes established by the commissioner. The commissioner shall 
13.33 	establish, by rule, and from time to time, may amend or revise, grades, weight classes, 
13.34 	and standards for quality. When grades, weight classes, and standards for quality have 
14.1 	been fixed by the secretary of the Department of Agriculture of the United States, they 
14.2 	maymust be accepted and published by the commissioner as definitions or standards for 
14.3 	eggs in interstate and intrastate commerce.
14.4 		Subd. 2.Equipment. The commissioner shall also by rule provide for minimum 
14.5 	plant and equipment requirements for candling, grading, handling and storing eggs, and 
14.6 	shall define candling. Equipment in use by a wholesale food handler before July 1, 1991, 
14.7 	that does not meet the design and fabrication requirements of this chapter may remain in 
14.8 	use if it is in good repair, capable of being maintained in a sanitary condition, and capable 
14.9 	of maintaining a temperature of 45 degrees Fahrenheit (7 degrees Celsius) or less.
14.10 		Subd. 3.Egg temperature. Eggs must be held at a temperature not to exceed 45 
14.11 	degrees Fahrenheit (7 degrees Celsius) after being received by the egg handler except for 
14.12 	cleaning, sanitizing, grading, and further processing when they must immediately be 
14.13 	placed under refrigeration that is maintained at 45 degrees Fahrenheit (7 degrees Celsius) 
14.14 	or below. Eggs offered for retail sale by a retail food handler must be held at a temperature 
14.15 	not to exceed 4541 degrees Fahrenheit (7 degrees Celsius). Equipment in use prior to 
14.16 	August 1, 1991, is not subject to this requirement. Shell eggs that have been frozen must 
14.17 	not be offered for sale except as approved by the commissioner.
14.18 		Subd. 4.Vehicle temperature. A vehicle used for the transportation ofto transport 
14.19 	shell eggs from a warehouse, retail store, candling and grading facility, or egg holding 
14.20 	facility must have an ambient air temperature of 45 degrees Fahrenheit (7 degrees Celsius) 
14.21 	or below.

14.22 	Sec. 15. Minnesota Statutes 2006, section 31.05, is amended to read:
14.23 	31.05 EMBARGOES AND CONDEMNATIONS.
14.24 		Subdivision 1.Definitions. As used in this section, "animals" means cattle; swine; 
14.25 	sheep; goats; poultry; farmed cervidae, as defined in section 35.153, subdivision 3; 
14.26 	llamas, as defined in section 17.455, subdivision 2; ratitae, as defined in section 17.453, 
14.27 	subdivision 3; equines; and other large domesticated animals.
14.28 		Subd. 1a.Tag or notice. A duly authorized agent of the commissioner who finds or 
14.29 	has probable cause to believe that any food, animal, or consumer commodity is adulterated 
14.30 	or so misbranded as to be dangerous or fraudulent, or is in violation of section 31.131
14.31 	shall affix to such article or animal a tag or other appropriate marking giving notice that 
14.32 	such article or animal is, or is suspected of being, adulterated or misbranded and has 
14.33 	been detained or embargoed, and warning all persons not to remove or dispose of such 
14.34 	article or animal by sale or otherwise until permission for removal or disposal is given by 
15.1 	such agent or the court. It shall be unlawful for any person to remove or dispose of such 
15.2 	detained or embargoed article or animal by sale or otherwise without such permission. 
15.3 		Subd. 2.Action for condemnation. When an article or animal detained or 
15.4 	embargoed under subdivision 1 has been found by such agent to be adulterated, or 
15.5 	misbranded, the agent shall petition the district court in the county in which the article or 
15.6 	animal is detained or embargoed for an order and decree for the condemnation of such 
15.7 	article or animal. Any such agent who has found that an article or animal so detained or 
15.8 	embargoed is not adulterated or misbranded, shall remove the tag or other marking.
15.9 		Subd. 3.Remedies. If the court finds that a detained or embargoed article or animal
15.10 	is adulterated or misbranded, such article or animal shall, after entry of the decree, be 
15.11 	destroyed at the expense of the claimant thereof, under the supervision of such agent, and 
15.12 	all court costs and fees, and storage and other proper expenses, shall be taxed against 
15.13 	the claimant of such article or animal or the claimant's agent; provided, that when the 
15.14 	adulteration or misbranding can be corrected by proper labeling or processing of the article
15.15 	or animal, the court, after entry of the decree and after such costs, fees, and expenses have 
15.16 	been paid and a good and sufficient bond, conditioned that such article or animal shall be 
15.17 	so labeled or processed, has been executed, may by order direct that such article or animal
15.18 	be delivered to claimant thereof for such labeling or processing under the supervision of 
15.19 	an agent of the commissioner. The expense of such supervision shall be paid by claimant. 
15.20 	The article or animal shall be returned to the claimant and the bond shall be discharged on 
15.21 	the representation to the court by the commissioner that the article or animal is no longer 
15.22 	in violation and that the expenses of such supervision have been paid.
15.23 		Subd. 4.Duties of commissioner. Whenever the commissioner or any of the 
15.24 	commissioner's authorized agents shall find in any room, building, vehicle of transportation 
15.25 	or other structure, any meat, seafood, poultry, vegetable, fruit, or other perishable articles 
15.26 	of food which are unsound, or contain any filthy, decomposed, or putrid substance, or that 
15.27 	may be poisonous or deleterious to health or otherwise unsafe, the same being hereby 
15.28 	declared to be a nuisance, the commissioner, or the commissioner's authorized agent, shall 
15.29 	forthwith condemn or destroy the same, or in any other manner render the same unsalable 
15.30 	as human food, and no one shall have any cause of action against the commissioner or the 
15.31 	commissioner's authorized agent on account of such action.
15.32 		Subd. 5.Emergency response. In the event of an emergency declared by the 
15.33 	governor's order under section 12.31, if the commissioner finds or has probable cause to 
15.34 	believe that a livestock, food, or a consumer commodity within a specific area is likely 
15.35 	to be adulterated because of the emergency or so misbranded as to be dangerous or 
15.36 	fraudulent, or is in violation of section 31.131, subdivision 1, the commissioner may 
16.1 	embargo a geographic area that is included in the declared emergency. The commissioner 
16.2 	shall provide notice to the public and to those with custody of the product in as thorough a 
16.3 	manner as is practical under the emergency circumstances. 

16.4 	Sec. 16. Minnesota Statutes 2006, section 31.171, is amended to read:
16.5 	31.171 EMPLOYMENT OF DISEASED PERSON.
16.6 	It shall be unlawful for any person to work in or about any place where any fruit 
16.7 	or any food products are manufactured, packed, stored, deposited, collected, prepared, 
16.8 	produced or sold, whose condition is such that disease may be spread to associates direct, 
16.9 	or through the medium of milk, cream, butter, other food or food products, likely to be 
16.10 	eaten without being cooked after handling, whether such condition be due to a contagious,
16.11 	or infectious, or venereal disease, in its active or convalescent stage, or to the presence of 
16.12 	disease germs, whether accompanied by, or without, any symptoms of the disease itself.
16.13 	It shall be the duty of the commissioner, or the commissioner's assistant, inspector, or 
16.14 	agent, to report to the state commissioner of health for investigation, any person suspected 
16.15 	to be dangerous to the public health, as provided for in this section, and immediately to 
16.16 	exclude such person from such employment pending investigation and during the period 
16.17 	of infectiousness, if such person is certified by the state commissioner of health, or an 
16.18 	authorized agent, to be dangerous to the public health.

16.19 	Sec. 17. Minnesota Statutes 2007 Supplement, section 31.175, is amended to read:
16.20 	31.175 WATER, PLUMBING, AND SEWAGE.
16.21 	A person who is required by statutes administered by the Department of Agriculture, 
16.22 	or by rules adopted pursuant to those statutes, to provide a suitable water supply, 
16.23 	or plumbing or sewage disposal system, may shall not engage in the business of 
16.24 	manufacturing, processing, selling, handling, or storing food at wholesale or retail 
16.25 	unless the person's water supply is satisfactory under plumbing codes pursuant to rules 
16.26 	adopted by the Department of Health, the person's plumbing is satisfactory pursuant to 
16.27 	rules adopted by the Department of Labor and Industry, and the person's sewage disposal 
16.28 	system satisfies the rules of the Pollution Control Agency.

16.29 	Sec. 18. [32.416] SOMATIC CELL COUNT, GOAT MILK.
16.30 	Notwithstanding any federal standard incorporated by reference in this chapter, the 
16.31 	maximum allowable somatic cell count for raw goat milk is 1,500,000 cells per milliliter.

17.1 	Sec. 19. Minnesota Statutes 2007 Supplement, section 35.244, is amended to read:
17.2 	35.244 RULES FOR CONTROL OF BOVINE TUBERCULOSIS.
17.3 		Subdivision 1.Designation of zones. The board has the authority to control 
17.4 	tuberculosis and the movement of cattle, bison, goats, and farmed cervidae within and 
17.5 	between tuberculosis zones in the state. Zones within the state may be designated 
17.6 	as accreditation preparatory, modified accredited, modified accredited advanced, or 
17.7 	accredited free as those terms are defined in Code of Federal Regulations, title 9, part 77.
17.8 		Subd. 2.Control within modified accredited zone. In a modified accredited 
17.9 	zone, the board has the authority to:
17.10 	(1) require owners of cattle, bison, goats, or farmed cervidae to report personal 
17.11 	contact information and location of livestock to the board;
17.12 	(2) require a permit or movement certificates for all cattle, bison, goats, and farmed 
17.13 	cervidae moving between premises within the zone or leaving or entering the zone;
17.14 	(3) require official identification of all cattle, bison, goats, and farmed cervidae 
17.15 	within the zone or leaving or entering the zone;
17.16 	(4) require a negative tuberculosis test within 60 days prior to movement for any 
17.17 	individual cattle, bison, goats, or farmed cervidae leaving the zone with the exception of 
17.18 	cattle moving under permit directly to a slaughter facility under state or federal inspection;
17.19 	(5) require a whole-herd tuberculosis test within 12 months prior to moving breeding 
17.20 	cattle out of the zone;
17.21 	(6) require annual herd inventories on all cattle, bison, goat, or farmed cervidae 
17.22 	herds;
17.23 	(7) require that a risk assessment be performed to evaluate the interaction of 
17.24 	free-ranging deer with cattle, bison, goat, and farmed cervidae herds and require the owner 
17.25 	to implement the recommendations of the risk assessment; and
17.26 	(8) provide financial assistance to a person who fences a cattle feeding area.
17.27 		Subd. 3.Authority to adopt rules. The board may adopt rules to provide for the 
17.28 	control of tuberculosis in cattle. The rules may include provisions for quarantine, tests, 
17.29 	and such other measures as the board deems appropriate. Federal regulations, as provided 
17.30 	by Code of Federal Regulations, title 9, part 77, and the Bovine Tuberculosis Eradication 
17.31 	Uniform Methods and Rules, are incorporated as part of the rules in this state.

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

17.33 	Sec. 20. Minnesota Statutes 2007 Supplement, section 41A.105, subdivision 2, is 
17.34 	amended to read:
18.1 		Subd. 2.NextGen Energy Board. There is created a NextGen Energy Board 
18.2 	consisting of the commissioners of agriculture, commerce, natural resources, the Pollution 
18.3 	Control Agency, and employment and economic development; the chairs of the house and 
18.4 	senate committees with jurisdiction over energy finance; the chairs of the house and senate 
18.5 	committees with jurisdiction over agriculture finance; one member of the second largest 
18.6 	political party in the house, as appointed by the chairs of the house committees with 
18.7 	jurisdiction over agriculture finance and energy finance; one member of the second largest 
18.8 	political party in the senate, as appointed by the chairs of the senate committees with 
18.9 	jurisdiction over agriculture finance and energy finance; and the executive director of the 
18.10 	Agricultural Utilization Research Institute. In addition, the governor shall appoint seven
18.11 	eight members: two representing statewide agriculture organizations; two representing 
18.12 	statewide environment and natural resource conservation organizations; one representing 
18.13 	the University of Minnesota; one representing the Minnesota Institute for Sustainable 
18.14 	Agriculture; and one representing the Minnesota State Colleges and Universities system; 
18.15 	and one representing the forest products industry. 

18.16 	Sec. 21. Minnesota Statutes 2006, section 41D.01, subdivision 4, is amended to read:
18.17 		Subd. 4.Expiration. This section expires on June 30, 2008 2013.

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

18.19 	Sec. 22. Minnesota Statutes 2006, section 97A.028, subdivision 3, is amended to read:
18.20 		Subd. 3.Emergency deterrent materials assistance. (a) For the purposes of this 
18.21 	subdivision, "cooperative damage management agreement" means an agreement between 
18.22 	a landowner or tenant and the commissioner that establishes a program for addressing the 
18.23 	problem of destruction of the landowner's or tenant's specialty crops or stored forage crops 
18.24 	by wild animals, or destruction of agricultural crops by flightless Canada geese.
18.25 	(b) A landowner or tenant may apply to the commissioner for emergency deterrent 
18.26 	materials assistance in controlling destruction of the landowner's or tenant's specialty 
18.27 	crops or stored forage crops by wild animals, or destruction of agricultural crops by 
18.28 	flightless Canada geese. Subject to the availability of money appropriated for this purpose, 
18.29 	the commissioner shall provide suitable deterrent materials when the commissioner 
18.30 	determines that:
18.31 	(1) immediate action is necessary to prevent significant damage from continuing 
18.32 	or to prevent the spread of bovine tuberculosis; and
18.33 	(2) a cooperative damage management agreement cannot be implemented 
18.34 	immediately.
19.1 	(c) A person may receive emergency deterrent materials assistance under this 
19.2 	subdivision more than once, but the cumulative total value of deterrent materials provided 
19.3 	to a person, or for use on a parcel, may not exceed $3,000 for specialty crops, $5,000 for 
19.4 	measures to prevent the spread of bovine tuberculosis within a five-mile radius of a cattle 
19.5 	herd that is infected with bovine tuberculosis as determined by the Board of Animal 
19.6 	Health, $750 for protecting stored forage crops, or $500 for agricultural crops damaged by 
19.7 	flightless Canada geese. If a person is a co-owner or cotenant with respect to the specialty 
19.8 	crops for which the deterrent materials are provided, the deterrent materials are deemed to 
19.9 	be "provided" to the person for the purposes of this paragraph.
19.10 	(d) As a condition of receiving emergency deterrent materials assistance under this 
19.11 	subdivision, a landowner or tenant shall enter into a cooperative damage management 
19.12 	agreement with the commissioner. Deterrent materials provided by the commissioner may 
19.13 	include repellents, fencing materials, or other materials recommended in the agreement 
19.14 	to alleviate the damage problem. If requested by a landowner or tenant, any fencing 
19.15 	materials provided must be capable of providing long-term protection of specialty crops. 
19.16 	A landowner or tenant who receives emergency deterrent materials assistance under 
19.17 	this subdivision shall comply with the terms of the cooperative damage management 
19.18 	agreement.

19.19 	Sec. 23. Minnesota Statutes 2006, section 148.01, subdivision 1, is amended to read:
19.20 		Subdivision 1.Definitions. For the purposes of sections 148.01 to 148.10,:
19.21 	(1)  "chiropractic" is defined as the science of adjusting any abnormal articulations of 
19.22 	the human body, especially those of the spinal column, for the purpose of giving freedom 
19.23 	of action to impinged nerves that may cause pain or deranged function; and
19.24 	(2) "animal chiropractic diagnosis and treatment" means treatment that includes, 
19.25 	but is not limited to, identifying and resolving vertebral subluxation complexes, spinal 
19.26 	manipulation, and manipulation of the extremity articulations of nonhuman vertebrates. 
19.27 	Animal chiropractic diagnosis and treatment does not include:
19.28 	(i) performing surgery;
19.29 	(ii) dispensing or administering of medications; or
19.30 	(iii) performing traditional veterinary care and diagnosis. 

19.31 	Sec. 24. Minnesota Statutes 2006, section 148.01, is amended by adding a subdivision 
19.32 	to read:
19.33 		Subd. 1a.Animal chiropractic practice. A licensed chiropractor may engage in the 
19.34 	practice of animal chiropractic diagnosis and treatment if registered to do so by the board.

20.1 	Sec. 25. Minnesota Statutes 2006, section 148.01, is amended by adding a subdivision 
20.2 	to read:
20.3 		Subd. 1b.Scope of practice; animal chiropractic. Criteria for registration 
20.4 	to engage in the practice of animal chiropractic diagnosis and treatment must be set 
20.5 	by the board, and must include, but are not limited to: active chiropractic license; 
20.6 	education and training in the field of animal chiropractic from an American Veterinary 
20.7 	Chiropractic Association, International Veterinary Chiropractic Association, or higher 
20.8 	institution-approved course consisting of no less than 210 hours, meeting continuing 
20.9 	education requirements; and other conditions and rules set by the board.

20.10 	Sec. 26. Minnesota Statutes 2006, section 148.01, is amended by adding a subdivision 
20.11 	to read:
20.12 		Subd. 1c.Titles. Notwithstanding the limitations established in section 156.12, 
20.13 	subdivision 4, a doctor of chiropractic properly registered to provide chiropractic care to 
20.14 	animals in accordance with this chapter and rules of the board may use the title "animal 
20.15 	chiropractor."

20.16 	Sec. 27. Minnesota Statutes 2006, section 148.01, is amended by adding a subdivision 
20.17 	to read:
20.18 		Subd. 1d.Provisional interim statute. Upon approval by the board, a licensed 
20.19 	chiropractor who has already taken and passed the education and training requirement 
20.20 	set forth in subdivision 1b may engage in the practice of animal chiropractic during the 
20.21 	time that the rules are being promulgated by the board. Enforcement actions may not 
20.22 	be taken against persons who have completed the approved program of study by the 
20.23 	American Veterinary Chiropractic Association or the International Veterinary Chiropractic 
20.24 	Association until the rules have been adopted by the board.

20.25 	Sec. 28. [148.032] EDUCATIONAL CRITERIA FOR LICENSURE IN ANIMAL 
20.26 	CHIROPRACTIC DIAGNOSIS AND TREATMENT; RECORDS; TREATMENT 
20.27 	NOTES.
20.28 	(a) The following educational criteria must be applied to any licensed chiropractor 
20.29 	who requests registration in animal chiropractic diagnosis and treatment. The criteria must 
20.30 	include education and training in the following subjects:
20.31 	(1) anatomy;
20.32 	(2) anatomy laboratory;
20.33 	(3) biomechanics and gait;
21.1 	(4) chiropractic educational basics;
21.2 	(5) animal chiropractic diversified adjusting technique, including:
21.3 	(i) lecture cervical;
21.4 	(ii) thoracic;
21.5 	(iii) lumbosacral;
21.6 	(iv) pelvic; and
21.7 	(v) extremity;
21.8 	(6) animal chiropractic diversified adjusting technique, including:
21.9 	(i) laboratory cervical;
21.10 	(ii) thoracic;
21.11 	(iii) lumbosacral;
21.12 	(iv) pelvic; and 
21.13 	(v) extremity;
21.14 	(7) case management and case studies;
21.15 	(8) chiropractic philosophy;
21.16 	(9) ethics and legalities;
21.17 	(10) neurology, neuroanatomy, and neurological conditions;
21.18 	(11) pathology; 
21.19 	(12) radiology;
21.20 	(13) research in current chiropractic and veterinary topics;
21.21 	(14) rehabilitation, current topics, evaluation, and assessment;
21.22 	(15) normal foot anatomy and normal foot care;
21.23 	(16) saddle fit and evaluation, lecture, and laboratory;
21.24 	(17) veterinary educational basics;
21.25 	(18) vertebral subluxation complex; and
21.26 	(19) zoonotic diseases.
21.27 	(b) A licensed chiropractor requesting registration in animal chiropractic diagnosis 
21.28 	and treatment must have completed and passed a course of study from an American 
21.29 	Veterinary Chiropractic Association, International Veterinary Chiropractic Association, or 
21.30 	higher institution-approved program, consisting of no less than 210 hours of education 
21.31 	and training as set forth in paragraph (a).
21.32 	(c) A licensed chiropractor engaged in the practice of animal chiropractic diagnosis 
21.33 	and treatment must maintain complete and accurate records and patient files in the 
21.34 	chiropractor's office for at least three years.
21.35 	(d) A licensed chiropractor engaged in the practice of animal chiropractic diagnosis 
21.36 	and treatment must make treatment notes and records available to the patient's owner 
22.1 	upon request and must communicate their findings and treatment plan with the referring 
22.2 	veterinarian, or the animal's veterinarian if the animal has not been referred by a 
22.3 	veterinarian. 

22.4 	Sec. 29. [148.033] ANIMAL CHIROPRACTIC CONTINUING EDUCATION 
22.5 	HOURS.
22.6 	Any chiropractor engaged in the practice of animal chiropractic diagnosis and 
22.7 	treatment applying for renewal of a registration related to animal chiropractic diagnosis 
22.8 	and treatment must have completed a minimum of six hours annually of continuing 
22.9 	education in animal chiropractic diagnosis and treatment, in addition to the required 20 
22.10 	hours annually of continuing education in human chiropractic under this chapter. The 
22.11 	continuing education course attended for purposes of complying with this section must be 
22.12 	approved by the board prior to attendance by the chiropractor.

22.13 	Sec. 30. Laws 2007, chapter 45, article 1, section 3, subdivision 3, is amended to read:

22.14
22.15	Subd. 3. Agricultural Marketing and 
Development
 		8,547,000 
		5,157,000 
	
22.16 	$186,000 the first year and $186,000 the 
22.17 	second year are for transfer to the Minnesota 
22.18 	grown account and may be used as grants 
22.19 	for Minnesota grown promotion under 
22.20 	Minnesota Statutes, section 17.102. Grants 
22.21 	may be made for one year. Notwithstanding 
22.22 	Minnesota Statutes, section 16A.28, the 
22.23 	appropriations encumbered under contract on 
22.24 	or before June 30, 2009, for Minnesota grown 
22.25 	grants in this paragraph are available until 
22.26 	June 30, 2011. $50,000 of the appropriation 
22.27 	in each year is for efforts that identify 
22.28 	and promote Minnesota grown products 
22.29 	in retail food establishments including but 
22.30 	not limited to restaurants, grocery stores, 
22.31 	and convenience stores. The balance in the 
22.32 	Minnesota grown matching account in the 
22.33 	agricultural fund is canceled to the Minnesota 
22.34 	grown account in the agricultural fund and 
23.1 	the Minnesota grown matching account is 
23.2 	abolished. 
23.3 	$160,000 the first year and $160,000 the 
23.4 	second year are for grants to farmers for 
23.5 	demonstration projects involving sustainable 
23.6 	agriculture as authorized in Minnesota 
23.7 	Statutes, section 17.116. Of the amount 
23.8 	for grants, up to $20,000 may be used for 
23.9 	dissemination of information about the 
23.10 	demonstration projects. Notwithstanding 
23.11 	Minnesota Statutes, section 16A.28, the 
23.12 	appropriations encumbered under contract 
23.13 	on or before June 30, 2009, for sustainable 
23.14 	agriculture grants in this paragraph are 
23.15 	available until June 30, 2011. 
23.16 	$100,000 the first year and $100,000 
23.17 	the second year are to provide training 
23.18 	and technical assistance to county and 
23.19 	town officials relating to livestock siting 
23.20 	issues and local zoning and land use 
23.21 	planning, including a checklist template that 
23.22 	would clarify the federal, state, and local 
23.23 	government requirements for consideration 
23.24 	of an animal agriculture modernization 
23.25 	or expansion project. In developing 
23.26 	the training and technical assistance 
23.27 	program, the commissioner shall seek 
23.28 	guidance, advice, and support of livestock 
23.29 	producer organizations, general agricultural 
23.30 	organizations, local government associations, 
23.31 	academic institutions, other government 
23.32 	agencies, and others with expertise in land 
23.33 	use and agriculture. 
24.1 	$103,000 the first year and $106,000 the 
24.2 	second year are for additional integrated pest 
24.3 	management activities. 
24.4 	$2,500,000 the first year is for the agricultural 
24.5 	best management practices loan program. At 
24.6 	least $2,000,000 is available for pass-through 
24.7 	to local governments and lenders for 
24.8 	low-interest loans. Any unencumbered 
24.9 	balance does not cancel at the end of the first 
24.10 	year and is available for the second year.
24.11 	$1,000,000 the first year is for the agricultural 
24.12 	best management practices loan program for 
24.13 	capital equipment loans for persons using 
24.14 	native, perennial cropping systems for energy 
24.15 	or seed production. This appropriation is 
24.16 	available until spent. * (The preceding text 
24.17 	beginning "$1,000,000 the first year" was 
24.18 	indicated as vetoed by the governor.) 
24.19 	$100,000 the first year and $100,000 the 
24.20 	second year are for annual cost-share 
24.21 	payments to resident farmers or persons 
24.22 	who sell, process, or package agricultural 
24.23 	products in this state for the costs of organic 
24.24 	certification. Annual cost-share payments 
24.25 	per farmer must be two-thirds of the cost 
24.26 	of the certification or $350, whichever is 
24.27 	less. In any year that a resident farmer or 
24.28 	person who sells, processes, or packages 
24.29 	agricultural products in this state receives 
24.30 	a federal organic certification cost-share 
24.31 	payment, that resident farmer or person is 
24.32 	not eligible for state cost-share payments. 
24.33 	A certified farmer is eligible to receive 
24.34 	annual certification cost-share payments for 
24.35 	up to five years. $15,000 each year is for 
25.1 	organic market and program development. 
25.2 	The commissioner may allocate any excess 
25.3 	appropriation in either fiscal year for organic 
25.4 	producer education efforts, assistance for 
25.5 	persons transitioning from conventional 
25.6 	to organic agriculture, or sustainable 
25.7 	agriculture demonstration grants authorized 
25.8 	under Minnesota Statutes, section 17.116, 
25.9 	and pertaining to organic research or 
25.10 	demonstration. Any unencumbered balance 
25.11 	does not cancel at the end of the first year 
25.12 	and is available for the second year. 

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

25.14 	Sec. 31. Laws 2007, chapter 45, article 1, section 3, subdivision 4, is amended to read:

25.15
25.16	Subd. 4. Bioenergy and Value-Added 
Agricultural Products
 		19,918,000 
		15,168,000 
	
25.17 	$15,168,000 the first year and $15,168,000 
25.18 	the second year are for ethanol producer 
25.19 	payments under Minnesota Statutes, section 
25.20 	41A.09. If the total amount for which all 
25.21 	producers are eligible in a quarter exceeds 
25.22 	the amount available for payments, the 
25.23 	commissioner shall make payments on a 
25.24 	pro rata basis. If the appropriation exceeds 
25.25 	the total amount for which all producers 
25.26 	are eligible in a fiscal year for scheduled 
25.27 	payments and for deficiencies in payments 
25.28 	during previous fiscal years, the balance 
25.29 	in the appropriation is available to the 
25.30 	commissioner for value-added agricultural 
25.31 	programs including the value-added 
25.32 	agricultural product processing and 
25.33 	marketing grant program under Minnesota 
25.34 	Statutes, section 17.101, subdivision 5. The 
25.35 	appropriation remains available until spent. 
26.1 	$3,000,000 the first year is for grants to 
26.2 	bioenergy projects. The NextGen Energy 
26.3 	Board shall make recommendations to 
26.4 	the commissioner on grants for owners of 
26.5 	Minnesota facilities producing bioenergy, 
26.6 	organizations that provide for on-station, 
26.7 	on-farm field scale research and outreach to 
26.8 	develop and test the agronomic and economic 
26.9 	requirements of diverse stands of prairie 
26.10 	plants and other perennials for bioenergy 
26.11 	systems, or certain nongovernmental 
26.12 	entities. For the purposes of this paragraph, 
26.13 	"bioenergy" includes transportation fuels 
26.14 	derived from cellulosic material as well as 
26.15 	the generation of energy for commercial heat, 
26.16 	industrial process heat, or electrical power 
26.17 	from cellulosic material via gasification 
26.18 	or other processes. The board must give 
26.19 	priority to a bioenergy facility that is at 
26.20 	least 60 percent owned and controlled by 
26.21 	farmers, as defined in Minnesota Statutes, 
26.22 	section 500.24, subdivision 2, paragraph 
26.23 	(n), or natural persons residing in the 
26.24 	county or counties contiguous to where the 
26.25 	facility is located. Grants are limited to 50 
26.26 	percent of the cost of research, technical 
26.27 	assistance, or equipment related to bioenergy 
26.28 	production or $500,000, whichever is less. 
26.29 	Grants to nongovernmental entities for the 
26.30 	development of business plans and structures 
26.31 	related to community ownership of eligible 
26.32 	bioenergy facilities together may not exceed 
26.33 	$150,000. The board shall make a good 
26.34 	faith effort to select projects that have 
26.35 	merit and when taken together represent a 
26.36 	variety of bioenergy technologies, biomass 
27.1 	feedstocks, and geographic regions of the 
27.2 	state. Projects must have a qualified engineer 
27.3 	certification on the technology and fuel 
27.4 	source. Grantees shall provide reports at 
27.5 	the request of the commissioner and must 
27.6 	actively participate in the Agricultural 
27.7 	Utilization Research Institute's Renewable 
27.8 	Energy Roundtable. No later than February 
27.9 	1, 2009, the commissioner shall report on 
27.10 	the projects funded under this appropriation 
27.11 	to the house and senate committees with 
27.12 	jurisdiction over agriculture finance. The 
27.13 	commissioner's costs in administering the 
27.14 	program may be paid from the appropriation. 
27.15 	Any unencumbered balance does not cancel 
27.16 	at the end of the first year and is available in 
27.17 	the second year.
27.18 	$350,000 the first year is for grants to 
27.19 	the Minnesota Institute for Sustainable 
27.20 	Agriculture at the University of Minnesota 
27.21 	to provide funds for on-station and on-farm 
27.22 	field scale research and outreach to develop 
27.23 	and test the agronomic and economic 
27.24 	requirements of diverse stands of prairie 
27.25 	plants and other perennials for bioenergy 
27.26 	systems including, but not limited to, 
27.27 	multiple species selection and establishment, 
27.28 	ecological management between planting 
27.29 	and harvest, harvest technologies, financial 
27.30 	and agronomic risk management, farmer 
27.31 	goal setting and adoption of technologies, 
27.32 	integration of wildlife habitat into 
27.33 	management approaches, evaluation of 
27.34 	carbon and other benefits, and robust policies 
27.35 	needed to induce farmer conversion on 
27.36 	marginal lands. * (The preceding text 
28.1 	beginning "$350,000 the first year" was 
28.2 	indicated as vetoed by the governor.) 
28.3 	$200,000 the first year is for a grant to the 
28.4 	Minnesota Turf Seed Council for basic 
28.5 	and applied agronomic research on native 
28.6 	plants, including plant breeding, nutrient 
28.7 	management, pest management, disease 
28.8 	management, yield, and viability. The grant 
28.9 	recipient may subcontract with a qualified 
28.10 	third party for some or all of the basic 
28.11 	or applied research. The grant recipient 
28.12 	must actively participate in the Agricultural 
28.13 	Utilization Research Institute's Renewable 
28.14 	Energy Roundtable and no later than 
28.15 	February 1, 2009, must report to the house 
28.16 	and senate committees with jurisdiction 
28.17 	over agriculture finance. This is a onetime 
28.18 	appropriation and is available until spent. 
28.19 	$200,000 the first year is for a grant to a joint 
28.20 	venture combined heat and power energy 
28.21 	facility located in Scott or LeSueur County 
28.22 	for the creation of a centrally located biomass 
28.23 	fuel supply depot with the capability of 
28.24 	unloading, processing, testing, scaling, and 
28.25 	storing renewable biomass fuels. The grant 
28.26 	must be matched by at least $3 of nonstate 
28.27 	funds for every $1 of state funds. The grant 
28.28 	recipient must actively participate in the 
28.29 	Agricultural Utilization Research Institute's 
28.30 	Renewable Energy Roundtable and no 
28.31 	later than February 1, 2009, must report 
28.32 	to the house and senate committees with 
28.33 	jurisdiction over agriculture finance. This is 
28.34 	a onetime appropriation and is available until 
28.35 	spent. 
29.1 	$300,000 the first year is for a grant to the 
29.2 	Bois Forte Band of Chippewa for a feasibility 
29.3 	study of a renewable energy biofuels 
29.4 	demonstration facility on the Bois Forte 
29.5 	Reservation in St. Louis and Koochiching 
29.6 	Counties. The grant shall be used by the Bois 
29.7 	Forte Band to conduct a detailed feasibility 
29.8 	study of the economic and technical viability 
29.9 	of developing a multistream renewable 
29.10 	energy biofuels demonstration facility 
29.11 	on Bois Forte Reservation land to utilize 
29.12 	existing forest resources, woody biomass, 
29.13 	and cellulosic material to produce biofuels or 
29.14 	bioenergy. The grant recipient must actively 
29.15 	participate in the Agricultural Utilization 
29.16 	Research Institute's Renewable Energy 
29.17 	Roundtable and no later than February 1, 
29.18 	2009, must report to the house and senate 
29.19 	committees with jurisdiction over agriculture 
29.20 	finance. This is a onetime appropriation and 
29.21 	is available until spent. 
29.22 	$300,000 the first year is for a grant to 
29.23 	the White Earth Band of Chippewa for a 
29.24 	feasibility study of a renewable energy 
29.25 	biofuels production, research, and production 
29.26 	facility on the White Earth Reservation in 
29.27 	Mahnomen County. The grant must be used 
29.28 	by the White Earth Band and the University 
29.29 	of Minnesota to conduct a detailed feasibility 
29.30 	study of the economic and technical viability 
29.31 	of (1) developing a multistream renewable 
29.32 	energy biofuels demonstration facility on 
29.33 	White Earth Reservation land to utilize 
29.34 	existing forest resources, woody biomass, 
29.35 	and cellulosic material to produce biofuels or 
29.36 	bioenergy, and (2) developing, harvesting, 
30.1 	and marketing native prairie plants and seeds 
30.2 	for bioenergy production. The grant recipient 
30.3 	must actively participate in the Agricultural 
30.4 	Utilization Research Institute's Renewable 
30.5 	Energy Roundtable and no later than 
30.6 	February 1, 2009, must report to the house 
30.7 	and senate committees with jurisdiction 
30.8 	over agriculture finance. This is a onetime 
30.9 	appropriation and is available until spent. 
30.10 	$200,000 the first year is for a grant to the Elk 
30.11 	River Economic Development Authority for 
30.12 	upfront engineering and a feasibility study 
30.13 	of the Elk River renewable fuels facility. 
30.14 	The facility must use a plasma gasification 
30.15 	process to convert primarily cellulosic 
30.16 	material, but may also use plastics and other 
30.17 	components from municipal solid waste, as 
30.18 	feedstock for the production of methanol 
30.19 	for use in biodiesel production facilities. 
30.20 	Any unencumbered balance in fiscal year 
30.21 	2008 does not cancel but is available for 
30.22 	fiscal year 2009. Notwithstanding Minnesota 
30.23 	Statutes, section 16A.285, the agency must 
30.24 	not transfer this appropriation. The grant 
30.25 	recipient must actively participate in the 
30.26 	Agricultural Utilization Research Institute's 
30.27 	Renewable Energy Roundtable and no 
30.28 	later than February 1, 2009, must report 
30.29 	to the house and senate committees with 
30.30 	jurisdiction over agriculture finance. This is 
30.31 	a onetime appropriation and is available until 
30.32 	spent. 
30.33 	$200,000 the first year is for a grant to 
30.34 	Chisago County to conduct a detailed 
30.35 	feasibility study of the economic and 
30.36 	technical viability of developing a 
31.1 	multistream renewable energy biofuels 
31.2 	demonstration facility in Chisago, Isanti, 
31.3 	or Pine County to utilize existing forest 
31.4 	resources, woody biomass, and cellulosic 
31.5 	material to produce biofuels or bioenergy. 
31.6 	Chisago County may expend funds to Isanti 
31.7 	and Pine Counties and the University of 
31.8 	Minnesota for any costs incurred as part 
31.9 	of the study. The feasibility study must 
31.10 	consider the capacity of: (1) the seed bank 
31.11 	at Wild River State Park to expand the 
31.12 	existing prairie grass, woody biomass, and 
31.13 	cellulosic material resources in Chisago, 
31.14 	Isanti, and Pine Counties; (2) willing and 
31.15 	interested landowners in Chisago, Isanti, and 
31.16 	Pine Counties to grow cellulosic materials; 
31.17 	and (3) the Minnesota Conservation Corps, 
31.18 	the sentence to serve program, and other 
31.19 	existing workforce programs in east central 
31.20 	Minnesota to contribute labor to these efforts. 
31.21 	The grant recipient must actively participate 
31.22 	in the Agricultural Utilization Research 
31.23 	Institute's Renewable Energy Roundtable and 
31.24 	no later than February 1, 2009, must report 
31.25 	to the house and senate committees with 
31.26 	jurisdiction over agriculture finance. This is 
31.27 	a onetime appropriation and is available until 
31.28 	spent. 

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

31.30 	Sec. 32. Laws 2007, chapter 45, article 1, section 3, subdivision 5, is amended to read:

31.31
31.32	Subd. 5. Administration and Financial 
Assistance
 		7,338,000 
		6,751,000 
	
31.33 	$1,005,000 the first year and $1,005,000 
31.34 	the second year are for continuation of 
31.35 	the dairy development and profitability 
32.1 	enhancement and dairy business planning 
32.2 	grant programs established under Laws 1997, 
32.3 	chapter 216, section 7, subdivision 2, and 
32.4 	Laws 2001, First Special Session chapter 2, 
32.5 	section 9, subdivision 2 . The commissioner 
32.6 	may allocate the available sums among 
32.7 	permissible activities, including efforts to 
32.8 	improve the quality of milk produced in the 
32.9 	state in the proportions that the commissioner 
32.10 	deems most beneficial to Minnesota's dairy 
32.11 	farmers. The commissioner must submit a 
32.12 	work plan detailing plans for expenditures 
32.13 	under this program to the chairs of the 
32.14 	house and senate committees dealing with 
32.15 	agricultural policy and budget on or before 
32.16 	the start of each fiscal year. If significant 
32.17 	changes are made to the plans in the course 
32.18 	of the year, the commissioner must notify the 
32.19 	chairs. 
32.20 	$50,000 the first year and $50,000 the 
32.21 	second year are for the Northern Crops 
32.22 	Institute. These appropriations may be spent 
32.23 	to purchase equipment. 
32.24 	$19,000 the first year and $19,000 the 
32.25 	second year are for a grant to the Minnesota 
32.26 	Livestock Breeders Association. 
32.27 	$250,000 the first year and $250,000 the 
32.28 	second year are for grants to the Minnesota 
32.29 	Agricultural Education Leadership Council 
32.30 	for programs of the council under Minnesota 
32.31 	Statutes, chapter 41D. 
32.32 	$600,000 the first year is for grants for 
32.33 	fertilizer research as awarded by the 
32.34 	Minnesota Agricultural Fertilizer Research 
32.35 	and Education Council under Minnesota 
33.1 	Statutes, section 18C.71. No later than 
33.2 	February 1, 2009, The amount available to 
33.3 	the commissioner pursuant to Minnesota 
33.4 	Statutes, section 18C.70, subdivision 2, for 
33.5 	administration of this activity is available 
33.6 	until February 1, 2009, by which time the 
33.7 	commissioner shall report to the house and 
33.8 	senate committees with jurisdiction over 
33.9 	agriculture finance. The report must include 
33.10 	the progress and outcome of funded projects 
33.11 	as well as the sentiment of the council 
33.12 	concerning the need for additional research 
33.13 	funded through an industry checkoff fee. 
33.14 	$465,000 the first year and $465,000 the 
33.15 	second year are for payments to county and 
33.16 	district agricultural societies and associations 
33.17 	under Minnesota Statutes, section 38.02, 
33.18 	subdivision 1. Aid payments to county and 
33.19 	district agricultural societies and associations 
33.20 	shall be disbursed not later than July 15 of 
33.21 	each year. These payments are the amount of 
33.22 	aid owed by the state for an annual fair held 
33.23 	in the previous calendar year. 
33.24 	$65,000 the first year and $65,000 the second 
33.25 	year are for annual grants to the Minnesota 
33.26 	Turf Seed Council for basic and applied 
33.27 	research on the improved production of 
33.28 	forage and turf seed related to new and 
33.29 	improved varieties. The grant recipient may 
33.30 	subcontract with a qualified third party for 
33.31 	some or all of the basic and applied research. 
33.32 	$500,000 the first year and $500,000 the 
33.33 	second year are for grants to Second Harvest 
33.34 	Heartland on behalf of Minnesota's six 
33.35 	Second Harvest food banks for the purchase 
34.1 	of milk for distribution to Minnesota's food 
34.2 	shelves and other charitable organizations 
34.3 	that are eligible to receive food from the food 
34.4 	banks. Milk purchased under the grants must 
34.5 	be acquired from Minnesota milk processors 
34.6 	and based on low-cost bids. The milk must be 
34.7 	allocated to each Second Harvest food bank 
34.8 	serving Minnesota according to the formula 
34.9 	used in the distribution of United States 
34.10 	Department of Agriculture commodities 
34.11 	under The Emergency Food Assistance 
34.12 	Program (TEFAP). Second Harvest 
34.13 	Heartland must submit quarterly reports 
34.14 	to the commissioner on forms prescribed 
34.15 	by the commissioner. The reports must 
34.16 	include, but are not limited to, information 
34.17 	on the expenditure of funds, the amount 
34.18 	of milk purchased, and the organizations 
34.19 	to which the milk was distributed. Second 
34.20 	Harvest Heartland may enter into contracts 
34.21 	or agreements with food banks for shared 
34.22 	funding or reimbursement of the direct 
34.23 	purchase of milk. Each food bank receiving 
34.24 	money from this appropriation may use up to 
34.25 	two percent of the grant for administrative 
34.26 	expenses. 
34.27 	$100,000 the first year and $100,000 the 
34.28 	second year are for transfer to the Board of 
34.29 	Trustees of the Minnesota State Colleges and 
34.30 	Universities for mental health counseling 
34.31 	support to farm families and business 
34.32 	operators through farm business management 
34.33 	programs at Central Lakes College and 
34.34 	Ridgewater College. 
35.1 	$18,000 the first year and $18,000 the 
35.2 	second year are for grants to the Minnesota 
35.3 	Horticultural Society. 
35.4 	$50,000 is for a grant to the University of 
35.5 	Minnesota, Department of Horticultural 
35.6 	Science, Enology Laboratory, to upgrade 
35.7 	and purchase instrumentation to allow 
35.8 	rapid and accurate measurement of enology 
35.9 	components. This is a onetime appropriation 
35.10 	and is available until expended.

35.11 	Sec. 33. INDUSTRIAL HEMP DEVELOPMENT AND REGULATION.
 35.12 	(a) The Agricultural Utilization Research Institute, in consultation with the 
35.13 	commissioner of agriculture shall create a detailed proposal for establishing industrial 
35.14 	hemp as a cash crop option for Minnesota's agricultural producers. Commercial industrial 
35.15 	hemp production would not be allowed and the commissioner would not promulgate any 
35.16 	administrative rules until the United States Department of Justice, Drug Enforcement 
35.17 	Administration, authorizes a person to commercially grow industrial hemp in the United 
35.18 	States, at which time the commissioner shall evaluate industrial hemp laws in other states 
35.19 	and propose a system of licensure and regulation that does not interfere with the strict 
35.20 	regulation of controlled substances in this state.
35.21 	(b) No later than January 15, 2009, the commissioner shall present the proposal in 
35.22 	paragraph (a) to the house and senate committees with jurisdiction over agriculture and 
35.23 	public safety policy and finance.

35.24 	Sec. 34. VIRAL HEMORRHAGIC SEPTICEMIA TESTING.
 35.25 	The commissioners of agriculture, health, and natural resources shall form a work 
35.26 	group and develop a plan for detecting and responding to the presence of the fish virus 
35.27 	Viral Hemorrhagic Septicemia (VHS) in Minnesota. The plan must cover how the joint 
35.28 	laboratory facility at the Departments of Agriculture and Health may be used to provide 
35.29 	testing needed to diagnose and respond to VHS. No later than January 5, 2009, the 
35.30 	commissioners shall present the plan to the chairs of the house and senate committees with 
35.31 	jurisdiction over agriculture, health, and natural resources policy and finance.

35.32 	Sec. 35.  REPEALER.
 35.33 	Minnesota Statutes 2007 Supplement, section 41A.105, subdivision 5, is repealed.

36.1 	ARTICLE 2
36.2 	BIODIESEL FUEL CONTENT

36.3 	Section 1. Minnesota Statutes 2006, section 239.77, as amended by Laws 2007, chapter 
36.4 	62, sections 3 and 4, is amended to read:
36.5 	239.77 BIODIESEL CONTENT MANDATE.
36.6 		Subdivision 1.Biodiesel fuel. "Biodiesel fuel" means a renewable, biodegradable, 
36.7 	mono alkyl ester combustible liquid fuel that is derived from agricultural or other 
36.8 	plant oils or animal fats and; that meets American Society For Testing and Materials 
36.9 	specification D6751-07 for Biodiesel Fuel (B100) Blend Stock for Distillate Fuels; 
36.10 	and that is manufactured by a person certified by the BQ-9000 National Biodiesel 
36.11 	Accreditation Program.
36.12 		Subd. 2.Minimum content. (a) Except as otherwise provided in this section, all 
36.13 	diesel fuel sold or offered for sale in Minnesota for use in internal combustion engines 
36.14 	must contain at least 2.0 percent the stated percentage of biodiesel fuel oil by volume
36.15 	on and after the following dates:

36.16	(1)
	September 29, 2005
	2 percent
	
36.17	(2)
	May 1, 2009
	5 percent
	
36.18	(3)
	May 1, 2012
	10 percent
	
36.19	(4)
	May 1, 2015
	20 percent
	
36.20 	The minimum content levels in clauses (3) and (4) are effective during the 
36.21 	months of April, May, June, July, August, September, and October only. The minimum 
36.22 	content for the remainder of the year is five percent. However, if the commissioners of 
36.23 	agriculture, commerce, and the Pollution Control Agency determine, after consultation 
36.24 	with the Biodiesel Task Force and other technical experts, that an American Society for 
36.25 	Testing and Materials specification or equivalent federal standard exists for the specified 
36.26 	biodiesel blend level in those clauses that adequately addresses technical issues associated 
36.27 	with Minnesota's cold weather and publish a notice in the State Register to that effect, 
36.28 	the commissioners may allow the specified biodiesel blend level in those clauses to be 
36.29 	effective year round.
36.30 	(b) The minimum content levels in paragraph (a), clauses (3) and (4), become 
36.31 	effective on the date specified only if the commissioners of agriculture, commerce, and the 
36.32 	Pollution Control Agency publish notice in the State Register and provide written notice 
36.33 	to the chairs of the house of representatives and senate committees with jurisdiction over 
36.34 	agriculture, commerce, and transportation policy and finance, at least 270 days prior to the 
37.1 	date of each scheduled increase, that all of the following conditions have been met and the 
37.2 	state is prepared to move to the next scheduled minimum content level:
37.3 	(1) an American Society for Testing and Materials specification or equivalent federal 
37.4 	standard exists for the next minimum diesel-biodiesel blend;
37.5 	(2) a sufficient supply of biodiesel is available and the amount of biodiesel produced 
37.6 	in this state is equal to at least 50 percent of anticipated demand at the next minimum 
37.7 	content level; and
37.8 	(3) adequate blending infrastructure and regulatory protocol are in place in order to 
37.9 	promote biodiesel quality and avoid any potential economic disruption.
37.10 	(c) The commissioners of agriculture, commerce, and the Pollution Control Agency 
37.11 	must consult with the Biodiesel Task Force when assessing and certifying conditions in 
37.12 	paragraph (b), and in general must seek the guidance of the Biodiesel Task Force regarding 
37.13 	biodiesel labeling, enforcement, and other related issues.
37.14 	(d) During a period of biodiesel fuel shortage or a problem with biodiesel quality 
37.15 	that negatively affects the availability of biodiesel fuel, the commissioner of commerce 
37.16 	may temporarily suspend the minimum content requirements in this subdivision until there 
37.17 	is sufficient biodiesel fuel, as defined in subdivision 1, available to fulfill the minimum 
37.18 	content requirements.
37.19 	(e) By February 1, 2012, and periodically thereafter, the commissioner of commerce 
37.20 	shall determine the wholesale diesel price at various pipeline and refinery terminals in 
37.21 	the region, and the biodiesel price at biodiesel plants in the region after any applicable 
37.22 	per gallon federal tax credit is subtracted. The commissioner shall report wholesale price 
37.23 	differences to the governor who, after consultation with the commissioners of commerce 
37.24 	and agriculture, may by executive order adjust the biodiesel mandate if a price disparity 
37.25 	reported by the commissioner will cause economic hardship to retailers of diesel fuel 
37.26 	in this state. Any adjustment must be for a specified period of time, after which the 
37.27 	percentage of biodiesel fuel to be blended into diesel fuel returns to the amount required in 
37.28 	this subdivision. The biodiesel mandate must not be adjusted to less than five percent.
37.29 		Subd. 3.Exceptions. (a) The minimum content requirement requirements of 
37.30 	subdivision 2 does do not apply to fuel used in the following equipment:
37.31 	(1) motors located at an electric generating plant regulated by the Nuclear 
37.32 	Regulatory Commission;
37.33 	(2) railroad locomotives; and
37.34 	(3) off-road taconite and copper mining equipment and machinery;
37.35 	(4) off-road logging equipment and machinery; and
37.36 	(5) vehicles and equipment used exclusively on an aircraft landing field.
38.1 	(b) The exemption in paragraph (a), clause (1), expires 30 days after the Nuclear 
38.2 	Regulatory Commission has approved the use of biodiesel fuel in motors at electric 
38.3 	generating plants under its regulation.
38.4 	(c) This subdivision expires on May 1, 2012.
38.5 		Subd. 4.Disclosure. A refinery or terminal shall provide, at the time diesel fuel 
38.6 	is sold or transferred from the refinery or terminal, a bill of lading or shipping manifest 
38.7 	to the person who receives the fuel. For biodiesel-blended products, the bill of lading or 
38.8 	shipping manifest must disclose biodiesel content, stating volume percentage, gallons of 
38.9 	biodiesel per gallons of petroleum diesel base-stock, or an ASTM "Bxx" designation 
38.10 	where "xx" denotes the volume percent biodiesel included in the blended product. This 
38.11 	subdivision does not apply to sales or transfers of biodiesel blend stock between refineries, 
38.12 	between terminals, or between a refinery and a terminal.
38.13 		Subd. 5.Annual report. Beginning in 2009, the commissioner of agriculture 
38.14 	must report by January 15 of each year to the chairs and ranking minority members of 
38.15 	the legislative committees and divisions with jurisdiction over agriculture policy and 
38.16 	finance regarding the implementation of the minimum content requirements in subdivision 
38.17 	2, including information about the price and supply of biodiesel fuel. The report must 
38.18 	include any written comments received from members of the Biodiesel Fuel Task Force 
38.19 	by January 1 of that year.

38.20 	Sec. 2. Minnesota Statutes 2007 Supplement, section 296A.01, subdivision 8a, is 
38.21 	amended to read:
38.22 		Subd. 8a.Biodiesel fuel. "Biodiesel fuel" means a renewable, biodegradable, mono 
38.23 	alkyl ester combustible liquid fuel derived from agricultural plant oils or animal fats 
38.24 	and that meets American Society for Testing and Materials specification D6751-07 for 
38.25 	Biodiesel Fuel (B100) Blend Stock for Distillate Fuels has the meaning given in section 
38.26 	239.77, subdivision 1.

38.27 	Sec. 3. PROPOSAL; PETROLEUM INSPECTION FEE REVENUE.
 38.28 	The commissioners of finance, commerce, and the Pollution Control Agency must 
38.29 	develop and submit to the legislature as part of their next biennial budget request a 
38.30 	proposal for eliminating, to the extent feasible, redundant fuel inspections and dedicating, 
38.31 	to the extent feasible, all revenue from the petroleum inspection fee levied on petroleum 
38.32 	products under Minnesota Statutes, section 239.101, subdivision 3, to the Weights and 
38.33 	Measures Division of the Department of Commerce. All additional funding appropriated 
38.34 	to the Weights and Measures Division under this proposal must be used for increased and 
39.1 	enhanced fuel quality assurance enforcement activities and equipment and for educational 
39.2 	activities focused on the handling, distribution, and use of biodiesel fuel.

39.3 	Sec. 4. BIO-BASED DIESEL ALTERNATIVES.
 39.4 	(a) By January 1, 2011, the commissioners of agriculture, commerce, and 
39.5 	the Pollution Control Agency shall jointly review the technology, economics, and 
39.6 	operational characteristics associated with bio-based diesel alternatives and shall make 
39.7 	recommendations concerning their use in Minnesota to the governor and the chairs of 
39.8 	the house of representatives and senate committees with jurisdiction over agriculture 
39.9 	and energy finance.
39.10 	(b) For the purposes of this section, "bio-based diesel alternatives" means 
39.11 	alternatives to petroleum diesel fuel that are warrantied for use in a standard diesel engine 
39.12 	without modification and derived from a biological resource.

39.13 	Sec. 5. TECHNICAL COLD WEATHER ISSUES.
 39.14 	The commissioners of agriculture and commerce shall convene technical 
39.15 	stakeholders who are experts in cold weather biodiesel and petroleum diesel issues to 
39.16 	consider and make recommendations regarding improvements in the production, blending, 
39.17 	handling, and distribution of biodiesel blends to further ensure the performance of these 
39.18 	fuels in cold weather. The commissioners shall issue a report on these issues by January 
39.19 	15, 2009, to the chairs of the house of representatives and senate committees with 
39.20 	jurisdiction over agriculture and commerce policy and finance.

39.21 	ARTICLE 3
39.22 	VETERANS AFFAIRS POLICY

39.23 	Section 1. Minnesota Statutes 2006, section 13.785, is amended by adding a 
39.24 	subdivision to read:
39.25 		Subd. 4.Deceased veterans data. Data relating to veterans deceased as a result of 
39.26 	service-connected causes are classified under section 197.225.

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

39.28 	Sec. 2. [192.056] PROTECTION OF RESERVIST-OWNED BUSINESS DURING 
39.29 	ACTIVE SERVICE.
39.30 		Subdivision 1.Definitions. (a) The definitions in this subdivision apply to this 
39.31 	section.
40.1 	(b) "Active service" has the meaning given in section 190.05, subdivision 5.
40.2 	(c) "Business" means a business wholly owned by a qualified service member, or 
40.3 	jointly by the member and the member's spouse, irrespective of whether the business 
40.4 	is a sole proprietorship, corporation, limited liability company, partnership, limited 
40.5 	partnership, or other type of business entity.
40.6 	(d) "Qualified service member" means a Minnesota resident who is serving 
40.7 	honorably as a member of the Minnesota National Guard or any other military reserve 
40.8 	unit of the United States armed forces who has been ordered into active service for a 
40.9 	period of 60 days or longer.
40.10 		Subd. 2.Protection provided. (a) Notwithstanding any other law or rule to the 
40.11 	contrary, the business of a qualified service member may be exempted from civil court 
40.12 	proceedings for part or all of the period of the member's active military service and for up 
40.13 	to 60 days thereafter, as provided in this section.
40.14 	(b) If the business of a qualified service member is a defendant in a civil action, the 
40.15 	court may, on its own motion, grant a stay in the proceedings for a minimum of 60 days. 
40.16 	The court, on its own motion, may renew the stay as the court considers appropriate. If the 
40.17 	qualified service member petitions the court in any manner for a stay, the court must grant 
40.18 	a stay for a minimum of 60 days, provided that:
40.19 	(1) the service member submits to the court a letter or other communication setting 
40.20 	forth facts stating the manner in which current military duty requirements materially affect 
40.21 	the service member's ability to appear or otherwise participate in the proceedings, and 
40.22 	stating a date when the service member will be available to appear or otherwise participate 
40.23 	in the proceedings; and
40.24 	(2) the service member submits a letter or other communication from the service 
40.25 	member's commanding officer stating that the service member's current military duty 
40.26 	prevents appearance and that military leave is not authorized for the service member 
40.27 	at the time of the letter.
40.28 	(c) A service member's communication with the court requesting a stay does not 
40.29 	constitute an appearance for jurisdictional purposes and does not constitute a waiver of 
40.30 	any substantive or procedural defense, including a defense relating to lack of personal 
40.31 	jurisdiction.
40.32 	(d) A qualified service member who is granted a stay in the action or proceedings 
40.33 	against the member's business may in any manner request from the court an additional 
40.34 	stay, which the court may grant if the service member can show to the satisfaction of 
40.35 	the court that the member's military requirements affect the member's ability to appear. 
40.36 	However, the court is not obligated to grant the additional stay. If the court refuses to 
41.1 	grant an additional stay, the court must provide the service member with information 
41.2 	enabling the service member to acquire qualified legal counsel, at the service member's 
41.3 	discretion, for defending the action.
41.4 	(e) If a default judgment is entered in a civil action against the business of a qualified 
41.5 	service member during the service member's period of active military service, or within 60 
41.6 	days following termination of or release from the active military service, the court entering 
41.7 	the judgment must, upon application by or on behalf of the service member, reopen the 
41.8 	judgment for the purpose of allowing the member to defend the action if it appears that:
41.9 	(1) the service member was materially affected by reason of that military service in 
41.10 	making a defense to the action; and
41.11 	(2) the service member has a meritorious or legal defense to the action or some 
41.12 	part of it.

41.13 	EFFECTIVE DATE. This section is effective July 1, 2008, and applies to civil 
41.14 	court actions pending or initiated on or after that date.

41.15 	Sec. 3. Minnesota Statutes 2006, section 196.021, is amended to read:
41.16 	196.021 DEPUTY COMMISSIONERS; DUTIES.
41.17 		Subdivision 1.Appointment. The commissioner shall appoint a deputy 
41.18 	commissioner for veteran services as provided in subdivision 2, and the board of directors 
41.19 	of the Minnesota Veterans Homes may appoint a deputy commissioner for veteran health 
41.20 	care as provided in section 198.004. Both deputy commissioners serve in the unclassified 
41.21 	service, the deputy for veteran services at the pleasure of the commissioner and the deputy 
41.22 	for veteran health care at the pleasure of the board. Both deputies shallmust be residents 
41.23 	of Minnesota, citizens of the United States, and veterans as defined in section 197.447. 
41.24 		Subd. 2.Deputy for veteran services; Powers and duties. The deputy 
41.25 	commissioner for veteran services hasand the deputy commissioner for veteran health 
41.26 	care have those powers delegated by the commissioner that have not otherwise been 
41.27 	delegated to the deputy commissioner for veteran health care by the commissioner or 
41.28 	assigned to that deputy commissioner by law. A delegation must be in writing, signed 
41.29 	by the commissioner, and filed with the secretary of state.

41.30 	Sec. 4. Minnesota Statutes 2006, section 196.03, is amended to read:
41.31 	196.03 OFFICERS AND EMPLOYEES.
42.1 	Except as provided in chapter 198, All officers and employees of the department 
42.2 	shall be appointed by the commissioner and they shall perform such duties as may be 
42.3 	assigned to them by the commissioner.

42.4 	Sec. 5. [196.30] VETERANS HEALTH CARE ADVISORY COUNCIL.
42.5 		Subdivision 1.Creation. The Veterans Health Care Advisory Council is established 
42.6 	to provide the Department of Veterans Affairs with advice and recommendations on 
42.7 	providing veterans with quality long-term care and the anticipated future needs of 
42.8 	Minnesota veterans. 
42.9 		Subd. 2.Membership.  (a) The council consists of nine public members appointed 
42.10 	by the governor. The council members are: 
42.11 	(1) seven members with extensive expertise in health care delivery, long-term care, 
42.12 	and veterans services;
42.13 	(2) one licensed clinician who may be either a physician, physician's assistant, or 
42.14 	a nurse practitioner; and
42.15 	(3) one additional member.
42.16 	(b) The governor shall designate a member to serve as the chair.
42.17 	(c) The commissioner of veterans affairs, or the commissioner's designee, is an ex 
42.18 	officio member of the council and shall provide necessary and appropriate administrative 
42.19 	and technical support to the council.
42.20 	(d) Membership terms, removal of members, and the filling of vacancies are as 
42.21 	provided in section 15.059, subdivisions 2 and 4. Members shall not receive compensation 
42.22 	or per diem payments, but may receive reimbursement for expenses pursuant to section 
42.23 	15.059, subdivision 3.
42.24 		Subd. 3.Duties.  The council is an advisory group with the responsibility of 
42.25 	providing the commissioner of veterans affairs with information and professional expertise 
42.26 	on the delivery of quality long-term care to veterans. The council's duties include:
42.27 	(1) developing a new vision and strategic plan for the veterans homes that 
42.28 	complements the Department of Veterans Affairs overall veterans service programs;
42.29 	(2) providing recommendations and advice on matters including clinical 
42.30 	performance, systemwide quality improvement efforts, culture and working environment 
42.31 	of the veterans homes, and other operational and organizational functions of the veterans 
42.32 	homes;
42.33 	(3) studying and reviewing current issues and trends in the long-term care industry 
42.34 	and the veterans community;
43.1 	(4) providing recommendations to the commissioner on alternative options for the 
43.2 	delivery of long-term care to veterans so that veterans and their families can determine 
43.3 	appropriate services under models similar to those available in the community;
43.4 	(5) establishing, as appropriate, subcommittees or ad hoc task forces of council 
43.5 	members, stakeholders, and other individuals with expertise or experience to address 
43.6 	specific issues; and 
43.7 	(6) reviewing and providing advice on any other matter at the request of the 
43.8 	commissioner.
43.9 		Subd. 4.Continuation. To ensure continued accountability and the active 
43.10 	involvement of healthcare experts and stakeholders in the governance structure of the 
43.11 	veterans homes, the governor may appoint a panel of experts to review the continuing 
43.12 	effectiveness of the council. The commissioner may disband the council at any time.

43.13 	Sec. 6. [197.225] LIST OF DECEASED MILITARY PERSONNEL.
43.14 	(a) The commissioner of veterans affairs shall collect and maintain data about 
43.15 	Minnesota residents who have died of service-connected causes while serving in the 
43.16 	United States armed forces. The data may include deceased service members who are 
43.17 	the immediate family members of Minnesota residents, but who themselves were not 
43.18 	Minnesota residents at the time of death. The commissioner shall collect the following 
43.19 	data: the individual's full name, military rank, branch of service, age at the time of death, 
43.20 	and Minnesota hometown or if not a Minnesota resident at the time of death, the service 
43.21 	member's home state.
43.22 	(b) Data collected pursuant to this section are nonpublic data, but may be 
43.23 	disseminated to the individual's next of kin, and for ceremonial or honorary purposes to 
43.24 	veterans' organizations, civic organizations, the news media, and researchers. No other 
43.25 	use or dissemination of the data is permitted.
43.26 	(c) The next of kin of a veteran whose data is collected may request that the data 
43.27 	not be disseminated for any purpose. Upon receiving such a request, the Department of 
43.28 	Veterans Affairs must exclude the deceased veteran's data from any data disseminated for 
43.29 	ceremonial or honorary purposes as permitted by paragraph (b).
43.30 	(d) Data collected pursuant to this section shall not be indicative of any person's 
43.31 	status with regard to qualification for veterans benefits or other benefits.

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

44.1 	Sec. 7. Minnesota Statutes 2006, section 197.236, is amended to read:
44.2 	197.236 VETERANS CEMETERY STATE VETERANS CEMETERIES.
44.3 		Subd. 3.Operation and maintenance. The commissioner of veterans affairs shall 
44.4 	supervise and control the veterans cemetery cemeteries established under this section. The 
44.5 	cemeteries are to be maintained and operated in accordance with the operational standards 
44.6 	and measures of the National Cemetery Administration. The commissioner may contract 
44.7 	for the maintenance and operation of the cemetery cemeteries. All personnel, equipment, 
44.8 	and support necessary for maintenance and operation of the cemetery cemeteries must be 
44.9 	included in the department's budget.
44.10 		Subd. 5.Rules. The commissioner of veterans affairs may adopt rules regarding the 
44.11 	operation of the cemetery cemeteries. If practicable, The commissioner shall require that 
44.12 	upright granite markers supplied by the United States Department of Veterans Affairs be 
44.13 	used to mark all gravesites.
44.14 		Subd. 6.Permanent development and maintenance account. A veterans 
44.15 	cemetery development and maintenance account is established in the special revenue 
44.16 	fund of the state treasury. Receipts for burial fees, earnings from the veterans cemetery 
44.17 	trust account plot or interment allowance claims, designated appropriations, and any 
44.18 	other cemetery receipts must be deposited into this account. The money in the account, 
44.19 	including interest earned, is appropriated to the commissioner to be used for the 
44.20 	development, operation, maintenance, and improvement of the cemetery cemeteries. 
44.21 	To the extent practicable, the commissioner of veterans affairs must apply for available 
44.22 	federal grants for the development and operation of the cemetery to establish, expand, or 
44.23 	improve the cemeteries.
44.24 		Subd. 7.Permanent trust account. A veterans cemetery trust account is 
44.25 	established in the special revenue fund of the state treasury. All designated appropriations 
44.26 	and monetary donations to the cemetery must be placed in this account. The principal of 
44.27 	this account must be invested by the State Board of Investment and may not be spent. The 
44.28 	income from this account must be transferred as directed by the account manager to the 
44.29 	veterans cemetery development and maintenance account.
44.30 		Subd. 8.Eligibility. Any person who is eligible for burial in a national veterans 
44.31 	cemetery is eligible for burial in the State Veterans Cemetery Cemeteries must be operated 
44.32 	solely for the burial of service members who die on active duty, eligible veterans, and 
44.33 	their spouses and dependent children, as defined in United States Code, title 38, section 
44.34 	101, paragraph (2).
44.35 		Subd. 9.Burial fees. The commissioner of veterans affairs shall establish a fee 
44.36 	schedule, which may be adjusted from time to time, for the interment of eligible family 
45.1 	members spouses and dependent children. The fees shall cover as nearly as practicable 
45.2 	the actual costs of interment, excluding the value of the plot. The department may accept 
45.3 	the Social Security burial allowance, if any, of the eligible family members in an amount 
45.4 	not to exceed the actual cost of the interment. The commissioner may waive the fee 
45.5 	in the case of an indigent eligible person.
45.6 	No plot or interment fees may be charged for the burial of eligible veterans, members 
45.7 	of the National Guard, or military reservists, except that funds available from the Social 
45.8 	Security or veterans burial allowances, if any, must be paid to the commissioner in an 
45.9 	amount not to exceed the actual cost of the interment, excluding the value of the plot
45.10 	service members who die on active duty or eligible veterans, as defined in United States 
45.11 	Code, title 38, section 101, paragraph (2).
45.12 	Prior to the interment of an eligible person, the commissioner shall request the 
45.13 	cooperation of the eligible person's next of kin in applying to the appropriate federal 
45.14 	agencies for payment to the cemetery of any allowable interment allowance.
45.15 		Subd. 10.Allocation of plots. A person, or survivor of a person, eligible for 
45.16 	interment in the State Veterans Cemetery may apply for a burial plot for the eligible 
45.17 	person by submitting a request to the commissioner of veterans affairs on a form supplied 
45.18 	by the department. The department shall allot plots on a first-come, first-served basis. To 
45.19 	the extent that it is practical, plots must be allocated in a manner permitting the burial of 
45.20 	eligible family members above, below, or adjacent to the eligible veteran, member of 
45.21 	the National Guard, or military reservist.
45.22 		Subd. 11.Plot allowance claims. The commissioner of veterans affairs must apply 
45.23 	to the Veterans Benefits Administration for a plot or interment allowance payable to the 
45.24 	state for expenses incurred by the state in the burial of eligible veterans in cemeteries 
45.25 	owned and operated by the state if the burial is performed at no cost to the veteran's 
45.26 	next of kin.
45.27 		Subd. 12.No staff. No staff may be hired for or allocated to any new veterans 
45.28 	cemetery without explicit legislative approval.

45.29 	Sec. 8. Minnesota Statutes 2007 Supplement, section 197.791, subdivision 1, is 
45.30 	amended to read:
45.31 		Subdivision 1.Definitions.  (a) The definitions in this subdivision apply to this 
45.32 	section. 
45.33 	(b) "Commissioner" means the commissioner of veterans affairs, unless otherwise 
45.34 	specified.
46.1 	(c) "Cost of attendance" for both graduate and undergraduate students has the 
46.2 	meaning given in section 136A.121, subdivision 6, multiplied by a factor of 1.1 1.2. 
46.3 	The Cost of attendance for graduate students has the meaning given in section 136A.121, 
46.4 	subdivision 6, multiplied by a factor of 1.2, using the tuition and fee maximum established 
46.5 	by law for four-year programs shall be used to calculate the tuition and fee maximum 
46.6 	under section 136A.121, subdivision 6, for a graduate student. For purposes of calculating 
46.7 	the cost of attendance for graduate students, full time is eight credits or more per term or 
46.8 	the equivalent.
46.9 	(d) "Child" means a natural or adopted child of a person described in subdivision 4, 
46.10 	paragraph (a), clause (1), item (i) or (ii).
46.11 	(e) "Eligible institution" means a postsecondary institution under section 136A.101, 
46.12 	subdivision 4, or a graduate school licensed or registered with the state of Minnesota 
46.13 	serving only graduate students.
46.14 	(f) "Program" means the Minnesota GI Bill program established in this section, 
46.15 	unless otherwise specified.
46.16 	(g) "Time of hostilities" means any action by the armed forces of the United States 
46.17 	that is recognized by the issuance of a presidential proclamation or a presidential executive 
46.18 	order in which the armed forces expeditionary medal or other campaign service medals 
46.19 	are awarded according to presidential executive order, and any additional period or place 
46.20 	that the commissioner determines and designates, after consultation with the United States 
46.21 	Department of Defense, to be a period or place where the United States is in a conflict that 
46.22 	places persons at such a risk that service in a foreign country during that period or in that 
46.23 	place should be considered to be included.
46.24 	(h) "Veteran" has the meaning given in section 197.447. Veteran also includes 
46.25 	a service member who has received an honorable discharge after leaving each period of 
46.26 	federal active duty service and has: 
46.27 	(1) served 90 days or more of federal active duty in a foreign country during a 
46.28 	time of hostilities in that country;
46.29 	(2) been awarded any of the following medals:
46.30 	(i) Armed Forces Expeditionary Medal;
46.31 	(ii) Kosovo Campaign Medal;
46.32 	(iii) Afghanistan Campaign Medal;
46.33 	(iv) Iraq Campaign Medal;
46.34 	(v) Global War on Terrorism Expeditionary Medal; or
46.35 	(vi) any other campaign medal authorized for service after September 11, 2001; or
47.1 	(2)(3)  received a service-related medical discharge from any period of service in a 
47.2 	foreign country during a time of hostilities in that country.
47.3 	A service member who has fulfilled the requirements for being a veteran under this 
47.4 	paragraph but is still serving actively in the United States armed forces is also a veteran 
47.5 	for the purposes of this section.

47.6 	Sec. 9. Minnesota Statutes 2007 Supplement, section 197.791, subdivision 4, is 
47.7 	amended to read:
47.8 		Subd. 4.Eligibility. (a) A person is eligible for educational assistance under this 
47.9 	section if:
47.10 	(1) the person is:
47.11 	(i) a veteran who is serving or has served honorably in any branch or unit of the 
47.12 	United States armed forces at any time on or after September 11, 2001;
47.13 	(ii) a nonveteran who has served honorably for a total of five years or more 
47.14 	cumulatively as a member of the Minnesota National Guard or any other active or reserve 
47.15 	component of the United States armed forces, and any part of that service occurred on or 
47.16 	after September 11, 2001;
47.17 	(iii) the surviving spouse or child of a person who has served in the military at any 
47.18 	time on or after September 11, 2001, and who has died as a direct result of that military 
47.19 	service; or
47.20 	(iv) the spouse or child of a person who has served in the military at any time on or 
47.21 	after September 11, 2001, and who has a total and permanent service-connected disability 
47.22 	as rated by the United States Veterans Administration;
47.23 	(2) the person providing the military service described in clause (1), items (i) to (iv), 
47.24 	was a Minnesota resident within six months of the time of the person's initial enlistment or 
47.25 	any reenlistment in the United States armed forces;
47.26 	(3)(2) the person receiving the educational assistance is a Minnesota resident, as 
47.27 	defined in section 136A.101, subdivision 8; and
47.28 	(4)(3) the person receiving the educational assistance: 
47.29 	(i) is an undergraduate or graduate student at an eligible institution;
47.30 	(ii) is maintaining satisfactory academic progress as defined by the institution for 
47.31 	students participating in federal Title IV programs;
47.32 	(iii) is enrolled in an education program leading to a certificate, diploma, or degree 
47.33 	at an eligible institution; 
47.34 	(iv) has applied for educational assistance under this section prior to the end of the 
47.35 	academic term for which the assistance is being requested;
48.1 	(v) is in compliance with child support payment requirements under section 
48.2 	136A.121, subdivision 2, clause (5); and
48.3 	(vi) if an undergraduate student, has applied for the federal Pell Grant and the 
48.4 	Minnesota State Grant has completed the Free Application for Federal Student Aid 
48.5 	(FAFSA).
48.6 	(b) A person's eligibility terminates when the person becomes eligible for benefits 
48.7 	under section 135A.52.
48.8 	(c) To determine eligibility, the commissioner may require official documentation, 
48.9 	including the person's federal form DD-214 or other official military discharge papers; 
48.10 	correspondence from the United States Veterans Administration; birth certificate; marriage 
48.11 	certificate; proof of enrollment at an eligible institution; signed affidavits; proof of 
48.12 	residency; proof of identity; or any other official documentation the commissioner 
48.13 	considers necessary to determine eligibility.
48.14 	(d) The commissioner may deny eligibility or terminate benefits under this section 
48.15 	to any person who has not provided sufficient documentation to determine eligibility for 
48.16 	the program. An applicant may appeal the commissioner's eligibility determination or 
48.17 	termination of benefits in writing to the commissioner at any time. The commissioner 
48.18 	must rule on any application or appeal within 30 days of receipt of all documentation that 
48.19 	the commissioner requires. The decision of the commissioner regarding an appeal is final. 
48.20 	However, an applicant whose appeal of an eligibility determination has been rejected by 
48.21 	the commissioner may submit an additional appeal of that determination in writing to the 
48.22 	commissioner at any time that the applicant is able to provide substantively significant 
48.23 	additional information regarding the applicant's eligibility for the program. An approval 
48.24 	of an applicant's eligibility by the commissioner following an appeal by the applicant is 
48.25 	not retroactively effective for more than one year or the semester of the person's original 
48.26 	application, whichever is later.
48.27 	(e) Upon receiving an application with insufficient documentation to determine 
48.28 	eligibility, the commissioner must notify the applicant within 30 days of receipt of the 
48.29 	application that the application is being suspended pending receipt by the commissioner of 
48.30 	sufficient documentation from the applicant to determine eligibility.

48.31 	Sec. 10. Minnesota Statutes 2007 Supplement, section 197.791, subdivision 5, is 
48.32 	amended to read:
48.33 		Subd. 5.Benefit amount. (a) On approval by the commissioner of eligibility for 
48.34 	the program, the applicant shall be awarded, on a funds-available basis, the educational 
49.1 	assistance under the program for use at any time according to program rules at any 
49.2 	eligible institution.
49.3 	(b) The amount of educational assistance in any semester or term for an eligible 
49.4 	person must be determined by subtracting from the eligible person's cost of attendance the 
49.5 	amount the person received or was eligible to receive in that semester or term from:
49.6 	(1) the federal Pell Grant;
49.7 	(2) the state grant program under section 136A.121; and 
49.8 	(3) any federal military or veterans educational benefits including but not limited 
49.9 	to the Montgomery GI Bill, GI Bill Kicker, the federal tuition assistance program, 
49.10 	vocational rehabilitation benefits, and any other federal benefits associated with the 
49.11 	person's status as a veteran, except veterans disability payments from the United States 
49.12 	Veterans Administration.
49.13 	(c) The amount of educational assistance for any eligible person who is a full-time 
49.14 	student must not exceed the following:
49.15 	(1) $1,000 per semester or term of enrollment;
49.16 	(2) $2,000 $3,000 per state fiscal year; and
49.17 	(3) $10,000 in a lifetime.
49.18 	For a part-time student, the amount of educational assistance must not exceed $500 
49.19 	per semester or term of enrollment. For the purpose of this paragraph, a part-time 
49.20 	undergraduate student is a student taking fewer than 12 credits or the equivalent for a 
49.21 	semester or term of enrollment and a part-time graduate student is a student considered 
49.22 	part time by the eligible institution the graduate student is attending. The minimum award 
49.23 	for undergraduate and graduate students is $50 per term.

49.24 	Sec. 11. Minnesota Statutes 2006, section 198.32, subdivision 1, is amended to read:
49.25 		Subdivision 1.Resident's rights. A resident of a Minnesota veterans home has the 
49.26 	right to complain and otherwise exercise freedom of expression and assembly which is 
49.27 	guaranteed by amendment I of the United States Constitution. The administrator of the 
49.28 	home shall inform each resident in writing at the time of admission of the right to complain 
49.29 	to the administrator about home accommodations and services. A notice of the right to 
49.30 	complain shall be posted in the home. The administrator shall also inform each resident of 
49.31 	the right to complain to the board or to the commissioner of veterans affairs. Each resident 
49.32 	of a home shall be encouraged and assisted, throughout the period of stay in the home, to 
49.33 	understand and exercise the rights of freedom of expression and assembly as a resident 
49.34 	and as a citizen, and, to this end, the resident may voice grievances and recommend 
49.35 	changes in policies and services to home staff, other residents, and outside representatives 
50.1 	of the resident's choice, free from restraint, interference, coercion, discrimination, or 
50.2 	reprisal, including retaliatory eviction.

50.3 	Sec. 12. Minnesota Statutes 2006, section 349.12, subdivision 3a, is amended to read:
50.4 		Subd. 3a.Allowable expense. "Allowable expense" means the percentage of the 
50.5 	total cost incurred by the organization in the purchase of any good, service, or other item 
50.6 	which corresponds to the proportion of the total actual use of the good, service, or other 
50.7 	item that is directly related to conduct of lawful gambling. Allowable expense includes 
50.8 	the advertising of the conduct of lawful gambling, provided that the amount expended 
50.9 	does not exceed five percent of the annual gross profits of the organization or $5,000 per 
50.10 	year per organization, whichever is less. A percentage of the cost of a newsletter of a 
50.11 	veterans organization, as determined by the board, is an allowable expense if any portion 
50.12 	of the newsletter is used to promote lawful gambling in Minnesota. The board may adopt 
50.13 	rules to regulate the content of the advertising to ensure that the content is consistent 
50.14 	with the public welfare.

50.15 	Sec. 13. Minnesota Statutes 2006, section 609.115, is amended by adding a subdivision 
50.16 	to read:
50.17 		Subd. 10.Veterans mental health status. If a defendant convicted of a crime is 
50.18 	currently serving in the military or is a veteran and has been diagnosed by a qualified 
50.19 	psychiatrist or clinical psychologist or physician with a mental illness, the court may:
50.20 	(1) order that the officer preparing the report under subdivision 1 consult with the 
50.21 	United States Department of Veterans Affairs, Minnesota Department of Veterans Affairs, 
50.22 	or another agency or person with suitable knowledge or experience, for the purpose 
50.23 	of providing the court with information regarding treatment options available to the 
50.24 	defendant including federal, state, and local programming; and
50.25 	(2) consider the treatment recommendations of any diagnosing or treating mental 
50.26 	health professionals together with the treatment options available to the defendant in 
50.27 	imposing sentence.

50.28 	Sec. 14. RULES TRANSFER.
 50.29 	Minnesota Rules, chapter 9050, is transferred from the Veterans Homes Board of 
50.30 	Directors to the commissioner of veterans affairs. The commissioner shall administer and 
50.31 	enforce those rules and may amend or repeal them.

50.32 	Sec. 15. APPOINTMENTS.
 51.1 	Notwithstanding Minnesota Statutes, section 196.30, subdivision 2, paragraph (d), 
51.2 	the governor may make the initial appointments to the Veterans Health Care Advisory 
51.3 	Council under Executive Order 07-20 without complying with the appointment process in 
51.4 	Minnesota Statutes, section 15.0597.

51.5 	Sec. 16. PARTNERING IN DELIVERY OF VETERANS SERVICES.
 51.6 	The commissioner must seek input from a broad range of experienced 
51.7 	nongovernmental social service and health care providers, including both secular and 
51.8 	faith-based service organizations, from throughout the state regarding the feasibility of 
51.9 	public-private collaboration in providing services to Minnesota Veterans.  The services 
51.10 	may include home health care, psychological counseling, life-skills rehabilitation 
51.11 	counseling, home hospice care, respite care, and other types of home-based health 
51.12 	care as judged necessary by the commissioner to enable veterans to recover from 
51.13 	service-connected injuries, illnesses, and disabilities.  The commissioner must report to 
51.14 	the legislature by January 15, 2009, on its findings and recommendations for establishing 
51.15 	such service-delivery partnerships.

51.16 	Sec. 17. VETERANS HOMES STRATEGIC PLANNING GROUP.
 51.17 		Subdivision 1.Creation. An intergovernmental and veterans study group shall be 
51.18 	appointed for the purpose of conducting strategic planning for existing and future state 
51.19 	veterans homes, including in-depth strategic planning for the Minneapolis veterans home. 
51.20 	This group is designated the "Veterans Homes Strategic Planning Group." The Veterans 
51.21 	Homes Strategic Planning Group shall consist of  the following 17 members:
51.22 	(1)  three senators, including two members of the majority party and one member 
51.23 	of the minority party, at least one of whom represents a Minneapolis legislative district 
51.24 	and one of whom represents a greater-Minnesota legislative district, appointed by the 
51.25 	Subcommittee on Committees of the Committee on Rules and Administration of the 
51.26 	senate;
51.27 	(2) three members of the house of representatives, including two members of the 
51.28 	majority party and one member of the minority party, at least one of whom represents 
51.29 	a Minneapolis legislative district and one of whom represents a greater-Minnesota 
51.30 	legislative district, appointed by the speaker of the house;
51.31 	(3) the commissioner and two deputy commissioners of the Minnesota Department 
51.32 	of Veterans Affairs (MDVA), or the commissioner's designees;
51.33 	(4) the president and legislative chair person of the Minnesota Association of County 
51.34 	Veteran Service Officers (CVSOs), or the president's designees;
52.1 	(5) the chair of the Commanders Task Force of Minnesota's congressionally-chartered 
52.2 	veterans service organizations, or the chair's designee;
52.3 	(6) the mayor of Minneapolis, or the mayor's designee, and one Minneapolis city 
52.4 	planner designated by the mayor;
52.5 	(7) the chair of the Twin Cities Metropolitan Council, or the chair's designee;
52.6 	(8) one person from the Minnesota Inter-County Association (MICA), as designated 
52.7 	by the association board; and
52.8 	(9) one person from the Association of Minnesota Counties (AMC), as designated 
52.9 	by the Association board.
52.10 		Subd. 2.Duties. (a) The Veterans Homes Strategic Planning Group must meet 
52.11 	periodically to conduct strategic planning for the state veterans homes, both existing and 
52.12 	future, and with special focus on the current Minnesota veterans home in Minneapolis. 
52.13 	The planning process must encompass a 25-year future time span, and must include:
52.14 	(1) current and projected figures for the number of Minnesota veterans within broad 
52.15 	age categories, by gender and geographic region of the state;
52.16 	(2) current and projected needs of Minnesota veterans for skilled nursing care, 
52.17 	domiciliary care and outpatient services, as being currently provided by the state veterans 
52.18 	homes, and as may be needed in the future; 
52.19 	(3) current and projected capital expenditure, plant maintenance, and operational 
52.20 	costs for each existing Minnesota veterans home, both per-facility and per-veteran-served, 
52.21 	with discussion of factors determining cost differences among the homes;
52.22 	(4) identification and discussion of the feasibility of alternative methods for meeting 
52.23 	at least some of the various future needs of veterans, including:
52.24 	(i) the possibility of partnering for home-based services for veterans with 
52.25 	nongovernmental nonprofit or faith-based social service and healthcare delivery 
52.26 	organizations, as a means of reducing some of the future needs of veterans for domiciliary 
52.27 	or skilled nursing care in veterans homes; 
52.28 	(ii) reliance on private, veterans-only nursing homes for handling part or all of the 
52.29 	future growth in veterans skilled nursing or domiciliary needs, possibly supplemented by 
52.30 	some state-provided veterans services not currently available in private nursing homes;  or
52.31 	(iii) any other feasible alternative service delivery methods;
52.32 	(5) current and projected capital expenditure, plant maintenance, and operational 
52.33 	costs for meeting future veterans needs under:
52.34 	(i) the veterans-homes-only model; and
52.35 	(ii) the combined veterans-homes and home-based partnering model (or any other 
52.36 	feasible service delivery model that the group identifies); and
53.1 	(6) discussion and recommendations regarding:
53.2 	(i) the types and levels of veterans home care judged feasible for the state to attempt 
53.3 	to provide in the near-term and long-term future; and
53.4 	(ii) the optimal locations and timing for construction of any future state veterans 
53.5 	homes and other service delivery facilities in Minnesota.
53.6 	(b) In addition to the duties described in paragraph (a), the Veterans Homes 
53.7 	Strategic Planning Group must provide specific addition analysis of the projected capital, 
53.8 	maintenance, and operating costs of the current Minnesota veterans home in Minneapolis, 
53.9 	and must assess the feasibility of alternative operational models at that home or at locations 
53.10 	within the seven-county metropolitan area. Discussion must include the feasibility, and 
53.11 	estimation of any cost-savings from the razing or remodeling and converting of some of the 
53.12 	infrastructure of the current campus for alternative uses and other pertinent items, such as: 
53.13 	(i) construction of rental housing for veterans and family members of veterans 
53.14 	receiving medical care at the nearby US/VA Medical Center or other nearby medical 
53.15 	institutions;
53.16 	(ii) conducting a land use study including a highest and best use analysis for the 
53.17 	existing site and all improvements; 
53.18 	(iii) investigating opportunities for public/private partnerships in strategic land 
53.19 	use; and
53.20 	(iv) any other purpose judged feasible by the strategic planning group.
53.21 		Subd. 3.Report required. (a) By January 15, 2009, the Veterans Homes Strategic 
53.22 	Planning Group must report its proposed recommendations to the chairs of the senate and 
53.23 	house committees with jurisdiction over veterans affairs, state governmental operations, 
53.24 	and local government affairs.  The strategic planning group may suggest draft legislation 
53.25 	for legislative consideration.
53.26 	(b) The strategic planning group may continue its strategic planning activities and 
53.27 	by January 15, 2010, may issue a second report to the same legislative chairs containing 
53.28 	follow-up recommendations for legislative consideration.
53.29 		Subd. 4.Administrative provisions. (a) The commissioner of veterans affairs, or 
53.30 	the commissioner's designee, must convene the initial meeting of the Veterans Homes 
53.31 	Strategic Planning Group. Upon request of the group, the commissioner must provide 
53.32 	meeting space and administrative services for the group. The members of the group must 
53.33 	elect a chair or co-chairs from the legislative members of the group at the initial meeting. 
53.34 	Each subsequent meeting of the group is at the call of the chair or co-chairs.
53.35 	(b) Public members of the strategic planning group serve without special 
53.36 	compensation or special payment of expenses from the group.
54.1 	(c) The strategic planning group expires on June 30, 2010, unless an extension is 
54.2 	authorized by law by that date.
54.3 	(d) In accordance with completed predesign documents, veterans population surveys, 
54.4 	and department construction project priority listing, the commissioner shall continue to 
54.5 	plan, develop, and pursue federal funding and other resources for the construction of a 
54.6 	veterans long-term and domiciliary mental health facility in Kandiyohi County. The 
54.7 	planning must include possible options for traumatic brain injury treatment.
54.8 		Subd. 5.Deadline for appointments and designations. The appointments and 
54.9 	designations authorized by this section must be completed by August 1, 2008.  The 
54.10 	strategic planning group must convene its initial meeting no later than September 1, 2008.

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

54.12 	Sec. 18. COUNTY VETERANS SERVICES WORKING GROUP.
 54.13 		Subdivision 1.Creation. The County Veteran Services Working Group shall consist 
54.14 	of  the following 13 members:
54.15 	(1) two senators, including one member from the majority party and one member 
54.16 	from the minority party, appointed by the Subcommittee on Committees of the Committee 
54.17 	on Rules and Administration of the senate;
54.18 	(2) two members of the house of representatives, one member from the majority 
54.19 	party and one member from the minority party, appointed by the speaker of the house;
54.20 	(3) the commissioner and two deputy commissioners of the Minnesota Department 
54.21 	of Veterans Affairs (MDVA), or the commissioner's designees;
54.22 	(4) the president, vice president, and legislative chair person of the Minnesota 
54.23 	Association of County Veteran Service Officers (CVSOs);
54.24 	(5) the chair of the Commanders Task Force of Minnesota's congressionally-chartered 
54.25 	veterans service organizations, or the chair's designee;
54.26 	(6) one person from the Minnesota Inter-County Association (MICA), as designated 
54.27 	by the association board; and
54.28 	(7) one person from the  Association of Minnesota Counties (AMC), as designated 
54.29 	by the association board.
54.30 		Subd. 2.Duties. The working group must meet periodically to review the findings 
54.31 	and recommendations of the 2008 report of the Office of the Legislative Auditor (OLA) 
54.32 	on Minnesota's county veterans service offices, and make written recommendations to the 
54.33 	legislature regarding whether and how each of that report's recommendations should be 
54.34 	implemented.  The working group may also provide additional recommendations on how 
54.35 	to enhance the current services provided by the county veteran service offices.
55.1 	The working group may suggest draft legislation for legislative consideration. By 
55.2 	January 15, 2009, the working group must report its proposed recommendations to the 
55.3 	chairs of the senate and house committees with jurisdiction over veterans affairs, state 
55.4 	governmental operations, and local government affairs.
55.5 		Subd. 3.Administrative provisions. (a) The commissioner of veterans affairs, or 
55.6 	the commissioner's designee, must convene the initial meeting of the working group. 
55.7 	Upon request of the working group, the commissioner must provide meeting space and 
55.8 	administrative services for the group.  The members of the working group must elect a 
55.9 	chair or co-chairs from the legislative members of the working group at the initial meeting. 
55.10 	Each subsequent meeting is at the call of the chair or co-chairs.
55.11 	(b) Public members of the working group serve without special compensation or 
55.12 	special payment of expenses from the working group.
55.13 	(c) The working group expires on June 30, 2009, unless an extension is authorized 
55.14 	by law by that date.
55.15 		Subd. 4.Deadline for appointments and designations. The appointments and 
55.16 	designations authorized by this section must be completed by August 1, 2008.  The 
55.17 	working group must convene its initial meeting no later than September 1, 2008.

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

55.19 	Sec. 19. STUDY OF VETERANS EMPLOYMENT IN STATE GOVERNMENT.
 55.20 	(a) By October 1, 2008, each hiring authority of the executive, legislative, and 
55.21 	judicial branches of state government must report to the commissioner of finance on 
55.22 	the incidence of employment, recruitment, retention, and retirement of veterans in their 
55.23 	nonelected workforce for fiscal year 2008. The report must be made in a manner approved 
55.24 	by the commissioner and must include analysis by age category. Each hiring authority 
55.25 	must also report specific veteran employment data requested by the commissioner as of 
55.26 	June 30, 2008, June 30, 2001, and an earlier date if judged feasible by the commissioner.
55.27 	(b) By January 15, 2009, the commissioner must submit a report on the employment 
55.28 	of veterans in state government to the chairs of the house and senate policy and finance 
55.29 	committees having jurisdiction over veterans affairs. The report must present and analyze 
55.30 	the data obtained in paragraph (a).
55.31 	(c) For purposes of this section, "veteran" has the meaning given in Minnesota 
55.32 	Statutes, section 197.447.

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

56.1 	Sec. 20. REVISOR'S INSTRUCTION.
 56.2 	(a) The revisor shall change "board," "board of directors," or "Veterans Homes 
56.3 	Board of Directors" to "commissioner" wherever it is used in Minnesota Statutes, sections 
56.4 	198.003; 198.005; 198.006; 198.007; 198.022; 198.03; 198.05; 198.065; 198.066; 198.16; 
56.5 	198.23; 198.261; 198.265; 198.266; 198.31; 198.33; 198.34; 198.35; 198.36; and 198.37; 
56.6 	and shall change "board rules" to "rules adopted under this chapter" wherever it appears in 
56.7 	Minnesota Statutes, sections 198.007 and 198.022.
56.8 	(b) In Minnesota Rules, chapter 9050, the revisor shall:
56.9 	(1) change the terms "executive director," "executive director of the board," 
56.10 	"executive director of the Veterans Homes Board," "Minnesota Veterans Homes Board," 
56.11 	and "board" to "commissioner of veterans affairs" except where the term "board" is used 
56.12 	with a different meaning in Minnesota Rules, part 9050.0040, subpart 16;
56.13 	(2) change the term "board-operated facility" to "facility operated by the 
56.14 	commissioner of veterans affairs" and change the term "non-board-operated facility" to 
56.15 	"facility not operated by the commissioner of veterans affairs";
56.16 	(3) change the term "board-approved" to "approved by the commissioner of veterans 
56.17 	affairs"; and
56.18 	(4) eliminate the term "board" where it is used in the third paragraph of Minnesota 
56.19 	Rules, part 9050.1070, subpart 9.
56.20 	(c) The revisor shall change any of the terms in paragraph (a) or (b) to "commissioner 
56.21 	of veterans affairs" if they are used to refer to the Veterans Homes Board of Directors or 
56.22 	its executive director anywhere else in Minnesota Statutes or Minnesota Rules.

56.23 	Sec. 21.  REPEALER.
 56.24 	(a) Minnesota Statutes 2006, sections 197.236, subdivisions 7 and 10; 198.001, 
56.25 	subdivisions 6 and 9; 198.002, subdivisions 1, 3, and 6; 198.003, subdivisions 5 and 6; 
56.26 	and 198.004, subdivision 2, and Minnesota Statutes 2007 Supplement, sections 198.002, 
56.27 	subdivision 2; and 198.004, subdivision 1, are repealed.
56.28 	(b) Minnesota Rules, part 9050.0040, subpart 15, is repealed.