1.1 	A bill for an act
1.2 	relating to the operation of state government; changing certain provisions 
1.3 	and programs related to agriculture; creating a livestock investment grant 
1.4 	program; modifying pesticide and fertilizer regulation; changing certain payment 
1.5 	provisions for certain agricultural chemical corrective action costs; changing 
1.6 	certain food sanitary provisions; changing certain fee provisions; defining certain 
1.7 	terms; regulating egg sales and handling; increasing the somatic cell count limit 
1.8 	for goat milk; providing for control of bovine tuberculosis; adding a member 
1.9 	to the NextGen Energy Board; modifying the expiration date for the NextGen 
1.10 	Energy Board; modifying the expiration date for the Minnesota Agriculture 
1.11 	Education Leadership Council; establishing requirements for practicing animal 
1.12 	chiropractic care; recognizing a Program for the Assessment of Veterinary 
1.13 	Education Equivalence certification; limiting use of certain drugs; changing 
1.14 	certain requirements; regulating prescription of veterinary drugs; modifying 
1.15 	definition of biodiesel; increasing minimum biodiesel content; creating a tiered 
1.16 	biodiesel content goal; requiring counties to consider natural heritage data in 
1.17 	adopting or amending comprehensive plans; requiring local governments to 
1.18 	consider comprehensive plans to limit development on agricultural, forest, 
1.19 	wildlife, and open space land; modifying 2007 appropriation language; creating 
1.20 	the Veterans Health Care Advisory Council; changing certain provisions and 
1.21 	programs related to veterans; providing for certain medallions; authorizing 
1.22 	the placement of a plaque in the court of honor on the Capitol grounds by 
1.23 	Minnesota's Mexican-American veterans to honor all Minnesota veterans who 
1.24 	have served at any time in the United States armed forces; appropriating money;
1.25 	amending Minnesota Statutes 2006, sections 18B.07, subdivision 2; 18D.305, 
1.26 	subdivision 2; 18E.04, subdivision 2; 28A.03, by adding a subdivision; 28A.08; 
1.27 	28A.082, by adding a subdivision; 28A.09, subdivision 1; 29.23; 31.05; 31.171; 
1.28 	41D.01, subdivision 4; 148.01, subdivision 1, by adding subdivisions; 156.001, 
1.29 	by adding a subdivision; 156.02, subdivisions 1, 2; 156.04; 156.072, subdivision 
1.30 	2; 156.073; 156.12, subdivisions 2, 4, 6; 156.15, subdivision 2; 156.16, 
1.31 	subdivisions 3, 10; 156.18, subdivisions 1, 2; 156.19; 168.1255, subdivisions 
1.32 	1, 3, by adding subdivisions; 196.021; 196.03; 197.236; 198.32, subdivision 1; 
1.33 	239.77, as amended; 394.232, subdivision 6; 462.355, subdivision 1; 462.357, 
1.34 	by adding subdivisions; Minnesota Statutes 2007 Supplement, sections 31.175; 
1.35 	35.244; 41A.105; 296A.01, subdivision 8a; 394.23; Laws 2007, chapter 45, 
1.36 	article 1, section 3, subdivisions 3, 4; proposing coding for new law in Minnesota 
1.37 	Statutes, chapters 17; 18C; 32; 148; 196; 394; repealing Minnesota Statutes 
1.38 	2006, sections 198.001, subdivisions 6, 9; 198.002, subdivisions 1, 3, 6; 198.003, 
1.39 	subdivisions 5, 6; 198.004, subdivision 2; Minnesota Statutes 2007 Supplement, 
2.1 	sections 198.002, subdivision 2; 198.004, subdivision 1; Minnesota Rules, part 
2.2 	9050.0040, subpart 15.
2.3 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.4 	ARTICLE 1
2.5 	AGRICULTURAL POLICY

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

3.34 	Sec. 2. Minnesota Statutes 2006, section 18B.07, subdivision 2, is amended to read:
4.1 		Subd. 2.Prohibited pesticide use. (a) A person may not use, store, handle, 
4.2 	distribute, or dispose of a pesticide, rinsate, pesticide container, or pesticide application 
4.3 	equipment in a manner:
4.4 	(1) that is inconsistent with a label or labeling as defined by FIFRA;
4.5 	(2) that endangers humans, damages agricultural products, food, livestock, fish, 
4.6 	or wildlife; or
4.7 	(3) that will cause unreasonable adverse effects on the environment.
4.8 	(b) A person may not direct a pesticide onto property beyond the boundaries of the 
4.9 	target site. A person may not apply a pesticide resulting in damage to adjacent property.
4.10 	(c) A person may not directly apply a pesticide on a human by overspray or target 
4.11 	site spray, except when:
4.12 	(1) the pesticide is intended for use on a human;
4.13 	(2) the pesticide application is for mosquito control operations;
4.14 	(3) the pesticide application is for control of gypsy moth, forest tent caterpillar, 
4.15 	or other pest species, as determined by the commissioner, and the pesticide used is a 
4.16 	biological agent; or
4.17 	(4) the pesticide application is for a public health risk, as determined by the 
4.18 	commissioner of health, and the commissioner of health, in consultation with the 
4.19 	commissioner of agriculture, determines that the application is warranted based on 
4.20 	the commissioner's balancing of the public health risk with the risk that the pesticide 
4.21 	application poses to the health of the general population, with special attention to the 
4.22 	health of children.
4.23 	(d) For pesticide applications under paragraph (c), clause (2), the following 
4.24 	conditions apply:
4.25 	(1) no practicable and effective alternative method of control exists;
4.26 	(2) the pesticide is among the least toxic available for control of the target pest; and
4.27 	(3) notification to residents in the area to be treated is provided at least 24 hours 
4.28 	before application through direct notification, posting daily on the treating organization's 
4.29 	Web site, if any, and by sending a broadcast e-mail to those persons who request 
4.30 	notification of such, of those areas to be treated by adult mosquito control techniques 
4.31 	during the next calendar day. For control operations related to human disease, notice under 
4.32 	this paragraph may be given less than 24 hours in advance.
4.33 	(e) For pesticide applications under paragraph (c), clauses (3) and (4), the following 
4.34 	conditions apply:
4.35 	(1) no practicable and effective alternative method of control exists;
4.36 	(2) the pesticide is among the least toxic available for control of the target pest; and
5.1 	(3) notification of residents in the area to be treated is provided by direct notification 
5.2 	and through publication in a newspaper of general circulation within the affected area.
5.3 	(f) For purposes of this subdivision, "direct notification" may include mailings, 
5.4 	public meetings, posted placards, neighborhood newsletters, or other means of contact 
5.5 	designed to reach as many residents as possible. Public meetings held to meet this 
5.6 	requirement for adult mosquito control, under paragraph (d), must be held within each 
5.7 	city or town where the pesticide treatments are to be made, at a time and location that is 
5.8 	convenient for residents of the area where the treatments will occur.
5.9 	(g) A person may not apply a pesticide in a manner so as to expose a worker in an 
5.10 	immediately adjacent, open field.
5.11 	(h) Notwithstanding that the application is done in a manner consistent with the 
5.12 	label or labeling, it is a violation of this chapter to directly apply a pesticide to a site where 
5.13 	an application has not been: (1) requested, ordered, contracted for, or permitted; or (2) 
5.14 	performed pursuant to paragraph (c), clause (2), (3), or (4).

5.15 	Sec. 3. [18C.125] ANHYDROUS AMMONIA TANKS.
5.16 	(a) Other laws and rules to the contrary notwithstanding, the commissioner shall 
5.17 	adopt rules to allow the use of tanks with a capacity greater than 3,000 gallons but no 
5.18 	greater than 5,000 gallons in applying anhydrous ammonia to fields in Minnesota and 
5.19 	shall allow the refilling of these tanks at the application location. The commissioner 
5.20 	shall adopt rules to implement this section. The rules must impose appropriate safety 
5.21 	restrictions and environmental safeguards on the use of anhydrous ammonia. At a 
5.22 	minimum, the rules must address water availability; attendance during the anhydrous 
5.23 	ammonia transfer operation; emergency shutoff and pull-away safeguards; location of the 
5.24 	anhydrous ammonia transfer operation; setback distances from residences, buildings, and 
5.25 	roads; and permit requirements.
5.26 	(b) All tanks under this section must conform to United States Department of 
5.27 	Transportation cargo tank specifications in Code of Federal Regulations, title 49, part 173, 
5.28 	and must be maintained, tested, and inspected as required in Code of Federal Regulations, 
5.29 	title 49, parts 173 and 180. All loading and unloading of the tanks must conform to 
5.30 	requirements of Code of Federal Regulations, title 49, parts 173 and 177.

5.31 	Sec. 4. Minnesota Statutes 2006, section 18D.305, subdivision 2, is amended to read:
5.32 		Subd. 2.Revocation and suspension. (a) The commissioner may, after written 
5.33 	notice and hearing, revoke, suspend, or refuse to grant or renew a registration, permit, 
6.1 	license, or certification if a person violates a provision of this chapter or has a history 
6.2 	within the last three years of violations of this chapter.
6.3 	(b) The commissioner may refuse to accept an application for a registration, permit, 
6.4 	license, or certification, and may revoke or suspend a previously issued registration, 
6.5 	permit, license, or certification of a person from another state if that person has:
6.6 	(1) had a registration, permit, license, or certification denied, revoked, or suspended 
6.7 	by another state for an offense reasonably related to the requirements, qualifications, or 
6.8 	duties of a registration, permit, license, or certification issued under chapter 18B or 18C; or
6.9 	(2) been convicted of a violation, had a history of violations, or been subject to a 
6.10 	final order imposing civil penalties authorized under the Federal Insecticide, Fungicide 
6.11 	and Rodenticide Act (FIFRA), as amended.

6.12 	Sec. 5. Minnesota Statutes 2006, section 18E.04, subdivision 2, is amended to read:
6.13 		Subd. 2.Payment of corrective action costs. (a) On request by an eligible person, 
6.14 	the board may pay the eligible person for the reasonable and necessary cash disbursements 
6.15 	for corrective action costs incurred by the eligible person as provided under subdivision 4 
6.16 	if the board determines:
6.17 	(1) the eligible person pays the first $1,000 of the corrective action costs;
6.18 	(2) the eligible person provides the board with a sworn affidavit and other convincing 
6.19 	evidence that the eligible person is unable to pay additional corrective action costs;
6.20 	(3) the eligible person continues to assume responsibility for carrying out the 
6.21 	requirements of corrective action orders issued to the eligible person or that are in effect;
6.22 	(4) the incident was reported as required in chapters 18B, 18C, and 18D; and
6.23 	(5) the eligible person submits an application for payment or reimbursement to the 
6.24 	department, along with associated invoices, within three years of (i) incurring eligible 
6.25 	corrective action costs performance of the eligible work, or (ii) approval of a the related
6.26 	corrective action design or plan for that work, whichever is later.
6.27 	(b) The eligible person must submit an application for payment or reimbursement of 
6.28 	eligible cost incurred prior to July 1, 2001, no later than June 1, 2004.
6.29 	(c) An eligible person is not eligible for payment or reimbursement and must refund 
6.30 	amounts paid or reimbursed by the board if false statements or misrepresentations are 
6.31 	made in the affidavit or other evidence submitted to the commissioner to show an inability 
6.32 	to pay corrective action costs.
6.33 	(d) The board may pay the eligible person and one or more designees by multiparty 
6.34 	check.

7.1 	Sec. 6. Minnesota Statutes 2006, section 28A.03, is amended by adding a subdivision 
7.2 	to read:
7.3 		Subd. 10.Vending machine. "Vending machine" means a self-service device that, 
7.4 	upon insertion of a coin, paper currency, token, card, or key, dispenses unit servings of 
7.5 	food in bulk or in packages without the necessity of replenishing the device between 
7.6 	each vending operation.

7.7 	Sec. 7. Minnesota Statutes 2006, section 28A.08, is amended to read:
7.8 	28A.08 LICENSE FEES; PENALTIES.
7.9 		Subdivision 1.General. License fees, penalties for late renewal of licenses, and 
7.10 	penalties for not obtaining a license before conducting business in food handling that are 
7.11 	set in this section apply to the sections named except as provided under section 28A.09. 
7.12 	Except as specified herein, bonds and assessments based on number of units operated or 
7.13 	volume handled or processed which are provided for in said laws shall not be affected, 
7.14 	nor shall any penalties for late payment of said assessments, nor shall inspection fees, be 
7.15 	affected by this chapter. The penalties may be waived by the commissioner. Fees for all 
7.16 	new licenses must be based on the anticipated future gross annual food sales. If a firm is 
7.17 	found to be operating for multiple years without paying license fees, the state may collect 
7.18 	the appropriate fees and penalties for each year of operation.
7.19 		Subd. 3.Fees effective July 1, 2003.
 
7.20					Penalties
	
7.21
7.22
7.23	Type of food handler
	License Fee 
Effective 
July 1, 2003
	Late 
Renewal
	No License
	
7.24	1.
	Retail food handler
					
7.25
7.26
7.27		(a) Having gross sales of only 
prepackaged nonperishable food of less 
than $15,000 
					
7.28
7.29
7.30		for the immediately previous license or 
fiscal year and filing a statement with the 
commissioner
		$ 50
	$ 17
	$ 33
	
7.31
7.32
7.33
7.34
7.35		(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
	
7.36
7.37
7.38		(c) Having $50,001 to $250,000 gross 
sales or service for the immediately 
previous license or fiscal year
		$155
	$ 51
	$102
	
7.39
7.40
7.41		(d) Having $250,001 to $1,000,000 gross 
sales or service for the immediately 
previous license or fiscal year
		$276
	$ 91
	$ 182
	
8.1
8.2
8.3		(e) Having $1,000,001 to $5,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$799
	$264
	$527
	
8.4
8.5
8.6		(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
	
8.7
8.8
8.9		(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
	
8.10
8.11
8.12		(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
	
8.13
8.14
8.15		(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
	
8.16
8.17
8.18		(j) Having over $25,000,001 gross sales 
or service for the immediately previous 
license or fiscal year
		$2,001
	$660
	$1,321
	
8.19	2.
	Wholesale food handler
					
8.20
8.21
8.22		(a) Having gross sales or service of 
less than $25,000 for the immediately 
previous license or fiscal year
		$ 57
	$ 19
	$ 38
	
8.23
8.24
8.25		(b) Having $25,001 to $250,000 gross 
sales or service for the immediately 
previous license or fiscal year
		$284
	$ 94
	$187
	
8.26
8.27
8.28
8.29
8.30		(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
	
8.31
8.32
8.33
8.34		(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
	
8.35
8.36
8.37		(e) Having $1,000,001 to $5,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$769
	$254
	$508
	
8.38
8.39
8.40		(f) Having $5,000,001 to $10,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$920
	$304
	$607
	
8.41
8.42
8.43		(g) Having $10,000,001 to $15,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$990
	$327
	$653
	
8.44
8.45
8.46		(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
	
8.47
8.48
8.49		(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
	
8.50
8.51
8.52		(j) Having over $25,000,001 or more 
gross sales or service for the immediately 
previous license or fiscal year
		$1,502
	$496
	$991
	
9.1	3.
	Food broker
		$150
	$ 50
	$ 99
	
9.2	4.
	Wholesale food processor or manufacturer
					
9.3
9.4
9.5		(a) Having gross sales or service of 
less than $125,000 for the immediately 
previous license or fiscal year
		$169
	$ 56
	$112
	
9.6
9.7
9.8		(b) Having $125,001 to $250,000 gross 
sales or service for the immediately 
previous license or fiscal year
		$392
	$129
	$259
	
9.99.10
9.11
		(c) Having $250,001 to $1,000,000 gross 
sales or service for the immediately 
previous license or fiscal year
		$590
	$195
	$389
	
9.12
9.13
9.14		(d) Having $1,000,001 to $5,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$769
	$254
	$508
	
9.15
9.16
9.17		(e) Having $5,000,001 to $10,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$920
	$304
	$607
	
9.18
9.19
9.20		(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
	
9.21
9.22
9.23		(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
	
9.24
9.25
9.26		(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
	
9.27
9.28
9.29		(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
	
9.30
9.31
9.32		(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
	
9.33
9.34
9.35		(k) Having $100,000,000 or more gross 
sales or service for the immediately 
previous license or fiscal year
		$2,571
	$848
	$1,697
	
9.36
9.37
9.38	5.
	Wholesale food processor of meat or 
poultry products under supervision of the 
U.S. Department of Agriculture
					
9.39
9.40
9.41		(a) Having gross sales or service of 
less than $125,000 for the immediately 
previous license or fiscal year
		$112
	$ 37
	$ 74
	
9.42
9.43
9.44		(b) Having $125,001 to $250,000 gross 
sales or service for the immediately 
previous license or fiscal year
		$214
	$ 71
	$141
	
9.45
9.46
9.47		(c) Having $250,001 to $1,000,000 gross 
sales or service for the immediately 
previous license or fiscal year
		$333
	$110
	$220
	
9.48
9.49
9.50		(d) Having $1,000,001 to $5,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$425
	$140
	$281
	
10.1
10.2
10.3		(e) Having $5,000,001 to $10,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$521
	$172
	$344
	
10.4
10.5
10.6		(f) Having over $10,000,001 gross sales 
or service for the immediately previous 
license or fiscal year
		$765
	$252
	$505
	
10.7
10.8
10.9		(g) Having $15,000,001 to $20,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$893
	$295
	$589
	
10.10
10.11
10.12		(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
	
10.13
10.14
10.15		(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
	
10.16
10.17
10.18		(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
	
10.19
10.20
10.21		(k) Having $100,000,001 or more gross 
sales or service for the immediately 
previous license or fiscal year
		$1,428
	$471
	$942
	
10.22
10.23	6.
	Wholesale food processor or manufacturer 
operating only at the State Fair
		$125
	$ 40
	$ 50
	
10.24
10.25
10.26	7.
	Wholesale food manufacturer having the 
permission of the commissioner to use the 
name Minnesota Farmstead cheese
		$ 30
	$ 10
	$ 15
	
10.27	8.
	Nonresident frozen dairy manufacturer
		$200
	$ 50
	$ 75
	
10.28
10.29
10.30	9.
	Wholesale food manufacturer processing 
less than 700,000 pounds per year of raw 
milk
		$ 30
	$ 10
	$ 15
	
10.31
10.32
10.33
10.34
10.35	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

10.36 	Sec. 8. Minnesota Statutes 2006, section 28A.082, is amended by adding a subdivision 
10.37 	to read:
10.38 		Subd. 3.Disaster areas. If the governor declares a disaster in an area of the 
10.39 	state, the commissioner of agriculture may waive the plan review fee and direct agency 
10.40 	personnel to expedite the plan review process.

10.41 	Sec. 9. Minnesota Statutes 2006, section 28A.09, subdivision 1, is amended to read:
10.42 		Subdivision 1.Annual fee; exceptions. Every coin-operated food vending machine 
10.43 	is subject to an annual state inspection fee of $25 for each nonexempt machine except 
11.1 	nut vending machines which are subject to an annual state inspection fee of $10 for each 
11.2 	machine, provided that:
11.3 	(a) Food vending machines may be inspected by either a home rule charter or 
11.4 	statutory city, or a county, but not both, and if inspected by a home rule charter or statutory 
11.5 	city, or a county they shall not be subject to the state inspection fee, but the home rule 
11.6 	charter or statutory city, or the county may impose an inspection or license fee of no more 
11.7 	than the state inspection fee. A home rule charter or statutory city or county that does 
11.8 	not inspect food vending machines shall not impose a food vending machine inspection 
11.9 	or license fee.
11.10 	(b) Vending machines dispensing only gum balls, hard candy, unsorted candy, or ice 
11.11 	manufactured and packaged by another shall be, and water dispensing machines serviced 
11.12 	by a cashier, are  exempt from the state inspection fee, but may be inspected by the state. A 
11.13 	home rule charter or statutory city may impose by ordinance an inspection or license fee 
11.14 	of no more than the state inspection fee for nonexempt machines on the vending machines 
11.15 	and water dispensing machines described in this paragraph. A county may impose 
11.16 	by ordinance an inspection or license fee of no more than the state inspection fee for 
11.17 	nonexempt machines on the vending machines and water dispensing machines described 
11.18 	in this paragraph which are not located in a home rule charter or statutory city.
11.19 	(c) Vending machines dispensing only bottled or canned soft drinks are exempt from 
11.20 	the state, home rule charter or statutory city, and county inspection fees, but may be 
11.21 	inspected by the commissioner or the commissioner's designee.

11.22 	Sec. 10. Minnesota Statutes 2006, section 29.23, is amended to read:
11.23 	29.23 GRADING.
11.24 		Subdivision 1.Grades, weight classes and standards for quality. All eggs 
11.25 	purchased on the basis of grade by the first licensed buyer shall be graded in accordance 
11.26 	with grade and weight classes established by the commissioner. The commissioner shall 
11.27 	establish, by rule, and from time to time, may amend or revise, grades, weight classes, 
11.28 	and standards for quality. When grades, weight classes, and standards for quality have 
11.29 	been fixed by the secretary of the Department of Agriculture of the United States, they 
11.30 	maymust be accepted and published by the commissioner as definitions or standards for 
11.31 	eggs in interstate and intrastate commerce.
11.32 		Subd. 2.Equipment. The commissioner shall also by rule provide for minimum 
11.33 	plant and equipment requirements for candling, grading, handling and storing eggs, and 
11.34 	shall define candling. Equipment in use before July 1, 1991, that does not meet the 
11.35 	design and fabrication requirements of this chapter may remain in use if it is in good 
12.1 	repair, capable of being maintained in a sanitary condition, and capable of maintaining a 
12.2 	temperature of 45 degrees Fahrenheit (7 degrees Celsius) or less.
12.3 		Subd. 3.Egg temperature. Eggs must be held at a temperature not to exceed 45 
12.4 	degrees Fahrenheit (7 degrees Celsius) after being received by the egg handler except for 
12.5 	cleaning, sanitizing, grading, and further processing when they must immediately be 
12.6 	placed under refrigeration that is maintained at 45 degrees Fahrenheit (7 degrees Celsius) 
12.7 	or below. Eggs offered for retail sale must be held at a temperature not to exceed 4541 
12.8 	degrees Fahrenheit (7 degrees Celsius). Equipment in use prior to August 1, 1991, is not 
12.9 	subject to this requirement. Shell eggs that have been frozen must not be offered for sale 
12.10 	except as approved by the commissioner.
12.11 		Subd. 4.Vehicle temperature. A vehicle used for the transportation ofto transport 
12.12 	shell eggs from a warehouse, retail store, candling and grading facility, or egg holding 
12.13 	facility must have an ambient air temperature of 45 degrees Fahrenheit (7 degrees Celsius) 
12.14 	or below.

12.15 	Sec. 11. Minnesota Statutes 2006, section 31.05, is amended to read:
12.16 	31.05 EMBARGOES AND CONDEMNATIONS.
12.17 		Subdivision 1.Definitions. As used in this section, "animals" means cattle, swine, 
12.18 	sheep, goats, poultry, farmed cervidae, as defined in section 35.153, subdivision 3, 
12.19 	llamas, as defined in section 17.455, subdivision 2, ratitae, as defined in section 17.453, 
12.20 	subdivision 3, equines and other large domesticated animals.
12.21 		Subd. 1a.Tag or notice. A duly authorized agent of the commissioner who finds or 
12.22 	has probable cause to believe that any food, animal, or consumer commodity is adulterated 
12.23 	or so misbranded as to be dangerous or fraudulent, or is in violation of section 31.131
12.24 	shall affix to such article or animal a tag or other appropriate marking giving notice that 
12.25 	such article or animal is, or is suspected of being, adulterated or misbranded and has 
12.26 	been detained or embargoed, and warning all persons not to remove or dispose of such 
12.27 	article or animal by sale or otherwise until permission for removal or disposal is given by 
12.28 	such agent or the court. It shall be unlawful for any person to remove or dispose of such 
12.29 	detained or embargoed article or animal by sale or otherwise without such permission. 
12.30 		Subd. 2.Action for condemnation. When an article or animal detained or 
12.31 	embargoed under subdivision 1 has been found by such agent to be adulterated, or 
12.32 	misbranded, the agent shall petition the district court in the county in which the article or 
12.33 	animal is detained or embargoed for an order and decree for the condemnation of such 
12.34 	article or animal. Any such agent who has found that an article or animal so detained or 
12.35 	embargoed is not adulterated or misbranded, shall remove the tag or other marking.
13.1 		Subd. 3.Remedies. If the court finds that a detained or embargoed article or animal
13.2 	is adulterated or misbranded, such article or animal shall, after entry of the decree, be 
13.3 	destroyed at the expense of the claimant thereof, under the supervision of such agent, and 
13.4 	all court costs and fees, and storage and other proper expenses, shall be taxed against 
13.5 	the claimant of such article or animal or the claimant's agent; provided, that when the 
13.6 	adulteration or misbranding can be corrected by proper labeling or processing of the article
13.7 	or animal, the court, after entry of the decree and after such costs, fees, and expenses have 
13.8 	been paid and a good and sufficient bond, conditioned that such article or animal shall be 
13.9 	so labeled or processed, has been executed, may by order direct that such article or animal
13.10 	be delivered to claimant thereof for such labeling or processing under the supervision of 
13.11 	an agent of the commissioner. The expense of such supervision shall be paid by claimant. 
13.12 	The article or animal shall be returned to the claimant and the bond shall be discharged on 
13.13 	the representation to the court by the commissioner that the article or animal is no longer 
13.14 	in violation and that the expenses of such supervision have been paid.
13.15 		Subd. 4.Duties of commissioner. Whenever the commissioner or any of the 
13.16 	commissioner's authorized agents shall find in any room, building, vehicle of transportation 
13.17 	or other structure, any meat, seafood, poultry, vegetable, fruit, or other perishable articles 
13.18 	of food which are unsound, or contain any filthy, decomposed, or putrid substance, or that 
13.19 	may be poisonous or deleterious to health or otherwise unsafe, the same being hereby 
13.20 	declared to be a nuisance, the commissioner, or the commissioner's authorized agent, shall 
13.21 	forthwith condemn or destroy the same, or in any other manner render the same unsalable 
13.22 	as human food, and no one shall have any cause of action against the commissioner or the 
13.23 	commissioner's authorized agent on account of such action.
13.24 		Subd. 5.Emergency response. In the event of an emergency declared by the 
13.25 	governor's order under section 12.31, if the commissioner finds or has probable cause to 
13.26 	believe that a livestock, food, or a consumer commodity within a specific area is likely 
13.27 	to be adulterated because of the emergency or so misbranded as to be dangerous or 
13.28 	fraudulent, or is in violation of section 31.131, subdivision 1, the commissioner may 
13.29 	embargo a geographic area that is included in the declared emergency. The commissioner 
13.30 	shall provide notice to the public and to those with custody of the product in as thorough a 
13.31 	manner as is practical under the emergency circumstances. 

13.32 	Sec. 12. Minnesota Statutes 2006, section 31.171, is amended to read:
13.33 	31.171 EMPLOYMENT OF DISEASED PERSON.
13.34 	It shall be unlawful for any person to work in or about any place where any fruit 
13.35 	or any food products are manufactured, packed, stored, deposited, collected, prepared, 
14.1 	produced or sold, whose condition is such that disease may be spread to associates direct, 
14.2 	or through the medium of milk, cream, butter, other food or food products, likely to be 
14.3 	eaten without being cooked after handling, whether such condition be due to a contagious,
14.4 	or infectious, or venereal disease, in its active or convalescent stage, or to the presence of 
14.5 	disease germs, whether accompanied by, or without, any symptoms of the disease itself.
14.6 	It shall be the duty of the commissioner, or the commissioner's assistant, inspector, or 
14.7 	agent, to report to the state commissioner of health for investigation, any person suspected 
14.8 	to be dangerous to the public health, as provided for in this section, and immediately to 
14.9 	exclude such person from such employment pending investigation and during the period 
14.10 	of infectiousness, if such person is certified by the state commissioner of health, or an 
14.11 	authorized agent, to be dangerous to the public health.

14.12 	Sec. 13. Minnesota Statutes 2007 Supplement, section 31.175, is amended to read:
14.13 	31.175 WATER, PLUMBING, AND SEWAGE.
14.14 	A person who is required by statutes administered by the Department of Agriculture, 
14.15 	or by rules adopted pursuant to those statutes, to provide a suitable water supply, 
14.16 	or plumbing or sewage disposal system, may shall not engage in the business of 
14.17 	manufacturing, processing, selling, handling, or storing food at wholesale or retail 
14.18 	unless the person's water supply is satisfactory under plumbing codes pursuant to rules 
14.19 	adopted by the Department of Health, the person's plumbing is satisfactory pursuant to 
14.20 	rules adopted by the Department of Labor and Industry, and the person's sewage disposal 
14.21 	system satisfies the rules of the Pollution Control Agency.

14.22 	Sec. 14. [32.416] SOMATIC CELL COUNT, GOAT MILK.
14.23 	Notwithstanding any federal standard incorporated by reference in this chapter, the 
14.24 	maximum allowable somatic cell count for raw goat milk is 1,500,000 cells per milliliter.

14.25 	Sec. 15. Minnesota Statutes 2007 Supplement, section 35.244, is amended to read:
14.26 	35.244 RULES FOR CONTROL OF BOVINE TUBERCULOSIS.
14.27 		Subdivision 1.Designation of zones. The board has the authority to control 
14.28 	tuberculosis and the movement of cattle, bison, and farmed cervidae within and between 
14.29 	tuberculosis zones in the state. Zones within the state may be designated as accreditation 
14.30 	preparatory, modified accredited, modified accredited advanced, or accredited free as 
14.31 	those terms are defined in Code of Federal Regulations, title 9, part 77. The board may 
14.32 	designate tuberculosis zones that contain not more than 300 herds.
15.1 		Subd. 2.Control within modified accredited zone. In a modified accredited 
15.2 	zone, the board has the authority to:
15.3 	(1) require owners of cattle, bison, or farmed cervidae to report personal contact 
15.4 	information and location of livestock to the board;
15.5 	(2) require a permit or movement certificates for all cattle, bison, and farmed 
15.6 	cervidae moving between premises within the zone or leaving or entering the zone;
15.7 	(3) require official identification of all cattle, bison, and farmed cervidae within 
15.8 	the zone or leaving or entering the zone;
15.9 	(4) require a negative tuberculosis test within 60 days prior to movement for any 
15.10 	individual cattle, bison, or farmed cervidae leaving the zone with the exception of cattle 
15.11 	moving under permit directly to a slaughter facility under state or federal inspection;
15.12 	(5) require a whole-herd tuberculosis test within 12 months prior to moving breeding 
15.13 	cattle out of the zone;
15.14 	(6) require annual herd inventories on all cattle, bison, or farmed cervidae herds; and
15.15 	(7) require that a risk assessment be performed to evaluate the interaction of 
15.16 	free-ranging deer with cattle, bison, and farmed cervidae herds and require the owner to 
15.17 	implement the recommendations of the risk assessment.
15.18 		Subd. 3.Authority to adopt rules. The board may adopt rules to provide for the 
15.19 	control of tuberculosis in cattle. The rules may include provisions for quarantine, tests, 
15.20 	and such other measures as the board deems appropriate. Federal regulations, as provided 
15.21 	by Code of Federal Regulations, title 9, part 77, and the Bovine Tuberculosis Eradication 
15.22 	Uniform Methods and Rules, are incorporated as part of the rules in this state.

15.23 	Sec. 16. Minnesota Statutes 2007 Supplement, section 41A.105, is amended to read:
15.24 	41A.105 NEXTGEN ENERGY.
15.25 		Subdivision 1.Purpose. It is the goal of the state through the Department of 
15.26 	Agriculture to research and develop energy sources to displace fossil fuels with renewable 
15.27 	technology.
15.28 		Subd. 2.NextGen Energy Board. There is created a NextGen Energy Board 
15.29 	consisting of the commissioners of agriculture, commerce, natural resources, the Pollution 
15.30 	Control Agency, and employment and economic development; the chairs of the house and 
15.31 	senate committees with jurisdiction over energy finance; the chairs of the house and senate 
15.32 	committees with jurisdiction over agriculture finance; one member of the second largest 
15.33 	political party in the house, as appointed by the chairs of the house committees with 
15.34 	jurisdiction over agriculture finance and energy finance; one member of the second largest 
15.35 	political party in the senate, as appointed by the chairs of the senate committees with 
16.1 	jurisdiction over agriculture finance and energy finance; and the executive director of the 
16.2 	Agricultural Utilization Research Institute. In addition, the governor shall appoint seven
16.3 	eight members: two representing statewide agriculture organizations; two representing 
16.4 	statewide environment and natural resource conservation organizations; one representing 
16.5 	the University of Minnesota; one representing the Minnesota Institute for Sustainable 
16.6 	Agriculture; and one representing the Minnesota State Colleges and Universities system; 
16.7 	and one representing the forest products industry. 
16.8 		Subd. 3.Duties. The board shall research and report to the commissioner of 
16.9 	agriculture and to the legislature recommendations as to how the state can invest its 
16.10 	resources to most efficiently achieve energy independence, agricultural and natural 
16.11 	resources sustainability, and rural economic vitality. The board shall:
16.12 	(1) examine the future of fuels, such as synthetic gases, biobutanol, hydrogen, 
16.13 	methanol, biodiesel, and ethanol within Minnesota;
16.14 	(2) develop equity grant programs to assist locally owned facilities;
16.15 	(3) study the proper role of the state in creating financing and investing and 
16.16 	providing incentives;
16.17 	(4) evaluate how state and federal programs, including the Farm Bill, can best work 
16.18 	together and leverage resources;
16.19 	(5) work with other entities and committees to develop a clean energy program; and
16.20 	(6) report to the legislature before February 1 each year with recommendations as 
16.21 	to appropriations and results of past actions and projects.
16.22 		Subd. 4.Commissioner's duties. The commissioner of agriculture shall administer 
16.23 	this section.
16.24 		Subd. 5.Expiration. This section expires June 30, 2009. 2014.

16.25 	Sec. 17. Minnesota Statutes 2006, section 41D.01, subdivision 4, is amended to read:
16.26 		Subd. 4.Expiration. This section expires on June 30, 2008 2013.

16.27 	Sec. 18. Minnesota Statutes 2006, section 148.01, subdivision 1, is amended to read:
16.28 		Subdivision 1.Definitions. For the purposes of sections 148.01 to 148.10,:
16.29 	(1)  "chiropractic" is defined as the science of adjusting any abnormal articulations of 
16.30 	the human body, especially those of the spinal column, for the purpose of giving freedom 
16.31 	of action to impinged nerves that may cause pain or deranged function; and
16.32 	(2) "animal chiropractic diagnosis and treatment" means treatment that includes, 
16.33 	but is not limited to, identifying and resolving vertebral subluxation complexes, spinal 
17.1 	manipulation, and manipulation of the extremity articulations of nonhuman vertebrates. 
17.2 	"Animal chiropractic diagnosis and treatment" does not include:
17.3 	(i) performing surgery;
17.4 	(ii) dispensing or administering of medications; or
17.5 	(iii) performing traditional veterinary care and diagnosis. 

17.6 	Sec. 19. Minnesota Statutes 2006, section 148.01, is amended by adding a subdivision 
17.7 	to read:
17.8 		Subd. 1a.Animal chiropractic practice. A licensed chiropractor may engage in 
17.9 	the practice of animal chiropractic diagnosis and treatment if registered to do so by the 
17.10 	board, and the animal has been referred to the chiropractor by a veterinarian.

17.11 	Sec. 20. Minnesota Statutes 2006, section 148.01, is amended by adding a subdivision 
17.12 	to read:
17.13 		Subd. 1c.Scope of practice; animal chiropractic. Criteria for registration 
17.14 	to engage in the practice of animal chiropractic diagnosis and treatment must be set 
17.15 	by the board, and must include, but are not limited to: active chiropractic license; 
17.16 	education and training in the field of animal chiropractic from an American Veterinary 
17.17 	Chiropractic Association, International Veterinary Chiropractic Association, or higher 
17.18 	institution-approved course consisting of no less than 210 hours, meeting continuing 
17.19 	education requirements; and other conditions and rules set by the board.

17.20 	Sec. 21. Minnesota Statutes 2006, section 148.01, is amended by adding a subdivision 
17.21 	to read:
17.22 		Subd. 1d.Titles. Notwithstanding the limitations established in section 156.12, 
17.23 	subdivision 4, a doctor of chiropractic properly registered to provide chiropractic care to 
17.24 	animals in accordance with this chapter and rules of the board, may use the title "animal 
17.25 	chiropractor."

17.26 	Sec. 22. Minnesota Statutes 2006, section 148.01, is amended by adding a subdivision 
17.27 	to read:
17.28 		Subd. 1e.Provisional interim statute. Upon approval by the board, a licensed 
17.29 	chiropractor who has already taken and passed the education and training requirement 
17.30 	set forth in subdivision 1c may engage in the practice of animal chiropractic during the 
17.31 	time that the rules are being promulgated by the board. Enforcement actions may not 
17.32 	be taken against persons who have completed the approved program of study by the 
18.1 	American Veterinary Chiropractic Association or the International Veterinary Chiropractic 
18.2 	Association until the rules have been adopted by the board.

18.3 	Sec. 23. [148.032] EDUCATIONAL CRITERIA FOR LICENSURE IN ANIMAL 
18.4 	CHIROPRACTIC DIAGNOSIS AND TREATMENT; RECORDS; TREATMENT 
18.5 	NOTES.
18.6 	(a) The following educational criteria must be applied to any licensed chiropractor 
18.7 	who requests registration in animal chiropractic diagnosis and treatment. The criteria must 
18.8 	include education and training in the following subjects:
18.9 	(1) anatomy;
18.10 	(2) anatomy laboratory;
18.11 	(3) biomechanics and gait;
18.12 	(4) chiropractic educational basics;
18.13 	(5) animal chiropractic diversified adjusting technique, including:
18.14 	(i) lecture cervical;
18.15 	(ii) thoracic;
18.16 	(iii) lumbosacral;
18.17 	(iv) pelvic; and
18.18 	(v) extremity;
18.19 	(6) animal chiropractic diversified adjusting technique, including:
18.20 	(i) laboratory cervical;
18.21 	(ii) thoracic;
18.22 	(iii) lumbosacral;
18.23 	(iv) pelvic; and 
18.24 	(v) extremity;
18.25 	(7) case management and case studies;
18.26 	(8) chiropractic philosophy;
18.27 	(9) ethics and legalities;
18.28 	(10) neurology, neuroanatomy, and neurological conditions;
18.29 	(11) pathology; 
18.30 	(12) radiology;
18.31 	(13) research in current chiropractic and veterinary topics;
18.32 	(14) rehabilitation, current topics, evaluation, and assessment;
18.33 	(15) normal foot anatomy and normal foot care;
18.34 	(16) saddle fit and evaluation, lecture and laboratory;
18.35 	(17) veterinary educational basics;
19.1 	(18) vertebral subluxation complex; and
19.2 	(19) zoonotic diseases.
19.3 	(b) A licensed chiropractor requesting registration in animal chiropractic diagnosis 
19.4 	and treatment must have completed and passed a course of study from an American 
19.5 	Veterinary Chiropractic Association, International Veterinary Chiropractic Association, or 
19.6 	higher institution-approved program, consisting of no less than 210 hours of education 
19.7 	and training as set forth in paragraph (a).
19.8 	(c) A licensed chiropractor engaged in the practice of animal chiropractic diagnosis 
19.9 	and treatment must maintain complete and accurate records and patient files in the 
19.10 	chiropractor's office for at least three years.
19.11 	(d) A licensed chiropractor engaged in the practice of animal chiropractic diagnosis 
19.12 	and treatment must make treatment notes and records available to the patient's owner 
19.13 	upon request and must communicate their findings and treatment plan with the referring 
19.14 	veterinarian.

19.15 	Sec. 24. [148.033] ANIMAL CHIROPRACTIC CONTINUING EDUCATION 
19.16 	HOURS.
19.17 	Any chiropractor engaged in the practice of animal chiropractic diagnosis and 
19.18 	treatment applying for renewal of a registration related to animal chiropractic diagnosis 
19.19 	and treatment must have completed a minimum of six hours annually of continuing 
19.20 	education in animal chiropractic diagnosis and treatment, in addition to the required 20 
19.21 	hours annually of continuing education in human chiropractic under this chapter. The 
19.22 	continuing education course attended for purposes of complying with this section must be 
19.23 	approved by the board prior to attendance by the chiropractor.

19.24 	Sec. 25. [148.035] SEPARATE TREATMENT ROOM REQUIRED.
19.25 	A licensed chiropractor who provides animal chiropractic treatment in the same 
19.26 	facility where human patients are treated, shall maintain a separate noncarpeted room for 
19.27 	the purpose of adjusting animals. The table and equipment used for animals shall not be 
19.28 	used for human patients.

19.29 	Sec. 26. Minnesota Statutes 2006, section 156.001, is amended by adding a subdivision 
19.30 	to read:
19.31 		Subd. 10a.Program for the Assessment of Veterinary Education Equivalence; 
19.32 	PAVE certificate. A "Program for the Assessment of Veterinary Education Equivalence" 
19.33 	or "PAVE" certificate is issued by the American Association of Veterinary State Boards, 
20.1 	indicating that the holder has demonstrated knowledge and skill equivalent to that 
20.2 	possessed by a graduate of an accredited or approved college of veterinary medicine.

20.3 	Sec. 27. Minnesota Statutes 2006, section 156.02, subdivision 1, is amended to read:
20.4 		Subdivision 1.License application. Application for a license to practice veterinary 
20.5 	medicine in this state shall be made in writing to the Board of Veterinary Medicine upon a 
20.6 	form furnished by the board, accompanied by satisfactory evidence that the applicant is at 
20.7 	least 18 years of age, is of good moral character, and has one of the following:
20.8 	(1) a diploma conferring the degree of doctor of veterinary medicine, or an 
20.9 	equivalent degree, from an accredited or approved college of veterinary medicine;
20.10 	(2) an ECFVG or PAVE certificate; or
20.11 	(3) a certificate from the dean of an accredited or approved college of veterinary 
20.12 	medicine stating that the applicant is a student in good standing expecting to be graduated 
20.13 	at the completion of the current academic year of the college in which the applicant is 
20.14 	enrolled.
20.15 	The application shall contain the information and material required by subdivision 
20.16 	2 and any other information that the board may, in its sound judgment, require. The 
20.17 	application shall be filed with the board at least 60 days before the date of the examination. 
20.18 	If the board deems it advisable, it may require that such application be verified by the 
20.19 	oath of the applicant.

20.20 	Sec. 28. Minnesota Statutes 2006, section 156.02, subdivision 2, is amended to read:
20.21 		Subd. 2.Required with application. Every application shall contain the following 
20.22 	information and material:
20.23 	(1) the application fee set by the board in the form of a check or money order payable 
20.24 	to the board, which fee is not returnable in the event permission to take the examination 
20.25 	is denied for good cause;
20.26 	(2) a copy of a diploma from an accredited or approved college of veterinary 
20.27 	medicine or a certificate from the dean or secretary of an accredited or approved college of 
20.28 	veterinary medicine showing the time spent in the school and the date when the applicant 
20.29 	was duly and regularly graduated or will duly and regularly graduate or verification of 
20.30 	ECFVG or PAVE certification;
20.31 	(3) affidavits of at least two veterinarians and three adults who are not related to 
20.32 	the applicant setting forth how long a time, when, and under what circumstances they 
20.33 	have known the applicant, and any other facts as may be proper to enable the board to 
20.34 	determine the qualifications of the applicant; and
21.1 	(4) if the applicant has served in the armed forces, a copy of discharge papers.

21.2 	Sec. 29. Minnesota Statutes 2006, section 156.04, is amended to read:
21.3 	156.04 BOARD TO ISSUE LICENSE.
21.4 	The Board of Veterinary Medicine shall issue to every applicant who has successfully 
21.5 	passed the required examination, who has received a diploma conferring the degree of 
21.6 	doctor of veterinary medicine or an equivalent degree from an accredited or approved 
21.7 	college of veterinary medicine or an ECFVG or PAVE certificate, and who shall have been 
21.8 	adjudged to be duly qualified to practice veterinary medicine, a license to practice.

21.9 	Sec. 30. Minnesota Statutes 2006, section 156.072, subdivision 2, is amended to read:
21.10 		Subd. 2.Required with application. Such doctor of veterinary medicine shall 
21.11 	accompany the application by the following:
21.12 	(1) a copy of a diploma from an accredited or approved college of veterinary 
21.13 	medicine or certification from the dean, registrar, or secretary of an accredited or approved 
21.14 	college of veterinary medicine attesting to the applicant's graduation from an accredited 
21.15 	or approved college of veterinary medicine, or a certificate of satisfactory completion of 
21.16 	the ECFVG or PAVE program.
21.17 	(2) affidavits of two licensed practicing doctors of veterinary medicine residing in 
21.18 	the United States or Canadian licensing jurisdiction in which the applicant is currently 
21.19 	practicing, attesting that they are well acquainted with the applicant, that the applicant is a 
21.20 	person of good moral character, and has been actively engaged in practicing or teaching in 
21.21 	such jurisdiction for the period above prescribed;
21.22 	(3) a certificate from the regulatory agency having jurisdiction over the conduct of 
21.23 	practice of veterinary medicine that such applicant is in good standing and is not the 
21.24 	subject of disciplinary action or pending disciplinary action;
21.25 	(4) a certificate from all other jurisdictions in which the applicant holds a currently 
21.26 	active license or held a license within the past ten years, stating that the applicant is and 
21.27 	was in good standing and has not been subject to disciplinary action;
21.28 	(5) in lieu of clauses (3) and (4), certification from the Veterinary Information 
21.29 	Verification Agency that the applicant's licensure is in good standing;
21.30 	(6) a fee as set by the board in form of check or money order payable to the board, 
21.31 	no part of which shall be refunded should the application be denied;
21.32 	(7) score reports on previously taken national examinations in veterinary medicine, 
21.33 	certified by the Veterinary Information Verification Agency; and
22.1 	(8) if requesting waiver of examination, provide evidence of meeting licensure 
22.2 	requirements in the state of the applicant's original licensure that were substantially equal 
22.3 	to the requirements for licensure in Minnesota in existence at that time.

22.4 	Sec. 31. Minnesota Statutes 2006, section 156.073, is amended to read:
22.5 	156.073 TEMPORARY PERMIT.
22.6 	The board may issue without examination a temporary permit to practice veterinary 
22.7 	medicine in this state to a person who has submitted an application approved by the 
22.8 	board for license pending examination, and holds a doctor of veterinary medicine degree 
22.9 	or an equivalent degree from an approved or accredited college of veterinary medicine 
22.10 	or an ECFVG or PAVE certification. The temporary permit shall expire the day after 
22.11 	publication of the notice of results of the first examination given after the permit is 
22.12 	issued. No temporary permit may be issued to any applicant who has previously failed 
22.13 	the national examination and is currently not licensed in any licensing jurisdiction of the 
22.14 	United States or Canada or to any person whose license has been revoked or suspended 
22.15 	or who is currently subject to a disciplinary order in any licensing jurisdiction of the 
22.16 	United States or Canada.

22.17 	Sec. 32. Minnesota Statutes 2006, section 156.12, subdivision 2, is amended to read:
22.18 		Subd. 2.Authorized activities. No provision of this chapter shall be construed to 
22.19 	prohibit:
22.20 	(a) a person from rendering necessary gratuitous assistance in the treatment of any 
22.21 	animal when the assistance does not amount to prescribing, testing for, or diagnosing, 
22.22 	operating, or vaccinating and when the attendance of a licensed veterinarian cannot be 
22.23 	procured;
22.24 	(b) a person who is a regular student in an accredited or approved college of 
22.25 	veterinary medicine from performing duties or actions assigned by instructors or 
22.26 	preceptors or working under the direct supervision of a licensed veterinarian;
22.27 	(c) a veterinarian regularly licensed in another jurisdiction from consulting with a 
22.28 	licensed veterinarian in this state;
22.29 	(d) the owner of an animal and the owner's regular employee from caring for and 
22.30 	administering to the animal belonging to the owner, except where the ownership of the 
22.31 	animal was transferred for purposes of circumventing this chapter;
22.32 	(e) veterinarians who are in compliance with subdivision 6 and who are employed by 
22.33 	the University of Minnesota from performing their duties with the College of Veterinary 
22.34 	Medicine, College of Agriculture, Agricultural Experiment Station, Agricultural Extension 
23.1 	Service, Medical School, School of Public Health, or other unit within the university; or 
23.2 	a person from lecturing or giving instructions or demonstrations at the university or in 
23.3 	connection with a continuing education course or seminar to veterinarians or pathologists 
23.4 	at the University of Minnesota Veterinary Diagnostic Laboratory;
23.5 	(f) any person from selling or applying any pesticide, insecticide or herbicide;
23.6 	(g) any person from engaging in bona fide scientific research or investigations which 
23.7 	reasonably requires experimentation involving animals;
23.8 	(h) any employee of a licensed veterinarian from performing duties other than 
23.9 	diagnosis, prescription or surgical correction under the direction and supervision of the 
23.10 	veterinarian, who shall be responsible for the performance of the employee;
23.11 	(i) a graduate of a foreign college of veterinary medicine from working under the 
23.12 	direct personal instruction, control, or supervision of a veterinarian faculty member of 
23.13 	the College of Veterinary Medicine, University of Minnesota in order to complete the 
23.14 	requirements necessary to obtain an ECFVG or PAVE certificate.;
23.15 	(j) a licensed chiropractor registered under section 148.01, subdivision 1a, from 
23.16 	practicing animal chiropractic.

23.17 	Sec. 33. Minnesota Statutes 2006, section 156.12, subdivision 4, is amended to read:
23.18 		Subd. 4.Titles. It is unlawful for a person who has not received a professional 
23.19 	degree from an accredited or approved college of veterinary medicine, or ECFVG or PAVE 
23.20 	certification, to use any of the following titles or designations: Veterinary, veterinarian, 
23.21 	animal doctor, animal surgeon, animal dentist, animal chiropractor, animal acupuncturist, 
23.22 	or any other title, designation, word, letter, abbreviation, sign, card, or device tending to 
23.23 	indicate that the person is qualified to practice veterinary medicine.

23.24 	Sec. 34. Minnesota Statutes 2006, section 156.12, subdivision 6, is amended to read:
23.25 		Subd. 6.Faculty licensure. (a) Veterinary Medical Center clinicians at the College 
23.26 	of Veterinary Medicine, University of Minnesota, who are engaged in the practice of 
23.27 	veterinary medicine as defined in subdivision 1 and who treat animals owned by clients of 
23.28 	the Veterinary Medical Center must possess the same license required by other veterinary 
23.29 	practitioners in the state of Minnesota except for persons covered by paragraphs (b) and (c).
23.30 	(b) A specialty practitioner in a hard-to-fill faculty position who has been employed 
23.31 	at the College of Veterinary Medicine, University of Minnesota, for five years or 
23.32 	more prior to 2003 or is specialty board certified by the American Veterinary Medical 
23.33 	Association or the European Board of Veterinary Specialization may be granted a specialty 
23.34 	faculty Veterinary Medical Center clinician license which will allow the licensee to 
24.1 	practice veterinary medicine in the state of Minnesota in the specialty area of the licensee's 
24.2 	training and only within the scope of employment at the Veterinary Medical Center.
24.3 	(c) A specialty practitioner in a hard-to-fill faculty position at the College of 
24.4 	Veterinary Medicine, University of Minnesota, who has graduated from a board-approved 
24.5 	foreign veterinary school may be granted a temporary faculty Veterinary Medical Center 
24.6 	clinician license. The temporary faculty Veterinary Medical Center clinician license 
24.7 	expires in two years and allows the licensee to practice veterinary medicine as defined 
24.8 	in subdivision 1 and treat animals owned by clients of the Veterinary Medical Center. 
24.9 	The temporary faculty Veterinary Medical Center clinician license allows the licensee to 
24.10 	practice veterinary medicine in the state of Minnesota in the specialty area of the licensee's 
24.11 	training and only within the scope of employment at the Veterinary Medical Center while 
24.12 	under the direct supervision of a veterinarian currently licensed and actively practicing 
24.13 	veterinary medicine in Minnesota, as defined in section 156.04. The direct supervising 
24.14 	veterinarian must not have any current or past conditions, restrictions, or probationary 
24.15 	status imposed on the veterinarian's license by the board within the past five years. The 
24.16 	holder of a temporary faculty Veterinary Medical Center clinician license who is enrolled 
24.17 	in a PhD program may apply for up to two additional consecutive two-year extensions 
24.18 	of an expiring temporary faculty Veterinary Medical Center clinician license. Any other 
24.19 	holder of a temporary faculty Veterinary Medical Center clinician license may apply for 
24.20 	one two-year extension of the expiring temporary faculty Veterinary Medical Center 
24.21 	clinician license. Temporary faculty Veterinary Medical Center clinician licenses that are 
24.22 	allowed to expire may not be renewed. The board shall grant an extension to a licensee 
24.23 	who demonstrates suitable progress toward completing the requirements of their academic 
24.24 	program, specialty board certification, or full licensure in Minnesota by a graduate of a 
24.25 	foreign veterinary college.
24.26 	(d) Temporary and specialty faculty Veterinary Medical Center clinician licensees 
24.27 	must abide by all the laws governing the practice of veterinary medicine in the state 
24.28 	of Minnesota and are subject to the same disciplinary action as any other veterinarian 
24.29 	licensed in the state of Minnesota.
24.30 	(e) The fee for a license issued under this subdivision is the same as for a regular 
24.31 	license to practice veterinary medicine in Minnesota. License payment deadlines, late 
24.32 	payment fees, and other license requirements are also the same as for regular licenses.

24.33 	Sec. 35. Minnesota Statutes 2006, section 156.15, subdivision 2, is amended to read:
25.1 		Subd. 2.Service. Service of an order under this section is effective if the order is 
25.2 	served on the person or counsel of record personally or by certified United States mail to 
25.3 	the most recent address provided to the board for the person or counsel of record.

25.4 	Sec. 36. Minnesota Statutes 2006, section 156.16, subdivision 3, is amended to read:
25.5 		Subd. 3.Dispensing. "Dispensing" means distribution of veterinary prescription 
25.6 	drugs or over-the-counter drugs, human drugs for extra-label use, for extra-label use by a 
25.7 	person licensed as a pharmacist by the Board of Pharmacy or a person licensed by the 
25.8 	Board of Veterinary Medicine.

25.9 	Sec. 37. Minnesota Statutes 2006, section 156.16, subdivision 10, is amended to read:
25.10 		Subd. 10.Prescription. "Prescription" means an order from a veterinarian to a 
25.11 	pharmacist or another veterinarian authorizing the dispensing of a veterinary prescription 
25.12 	drug drugs, human drugs for extra-label use, or over-the-counter drugs for extra-label use
25.13 	to a client for use on or in a patient.

25.14 	Sec. 38. Minnesota Statutes 2006, section 156.18, subdivision 1, is amended to read:
25.15 		Subdivision 1.Prescription. (a) A person may not dispense a veterinary 
25.16 	prescription drug to a client without a prescription or other veterinary authorization. A 
25.17 	person may not make extra-label use of an animal or human drug for an animal without a 
25.18 	prescription from a veterinarian. A veterinarian or the veterinarian's authorized employee 
25.19 	may dispense a veterinary prescription drug todrugs, human drugs for extra-label use, or 
25.20 	an over-the-counter drug for extra-label use by a client or oversee the extra-label use of 
25.21 	a veterinary drug directly by a client without a separate written prescription, providing 
25.22 	there is documentation of the prescription in the medical record and there is an existing 
25.23 	veterinarian-client-patient relationship. The prescribing veterinarian must monitor the use 
25.24 	of veterinary prescription drugs, human drugs for extra-label use, or over-the-counter 
25.25 	drugs for extra-label use by a client.
25.26 	(b) A veterinarian may dispense prescription veterinary drugs and prescribe and 
25.27 	dispense extra-label use drugs to a client without personally examining the animal if 
25.28 	a bona fide veterinarian-client-patient relationship exists and in the judgment of the 
25.29 	veterinarian the client has sufficient knowledge to use the drugs properly.
25.30 	(c) A veterinarian may issue a prescription or other veterinary authorization by oral or 
25.31 	written communication to the dispenser, or by computer connection. If the communication 
25.32 	is oral, the veterinarian must enter it into the patient's record. The dispenser must record 
25.33 	the veterinarian's prescription or other veterinary authorization within 72 hours.
26.1 	(d) A prescription or other veterinary authorization must include:
26.2 	(1) the name, address, and, if written, the signature of the prescriber;
26.3 	(2) the name and address of the client;
26.4 	(3) identification of the species for which the drug is prescribed or ordered;
26.5 	(4) the name, strength, and quantity of the drug;
26.6 	(5) the date of issue;
26.7 	(6) directions for use; and
26.8 	(7) withdrawal time.;
26.9 	(8) expiration date of prescription; and
26.10 	(9) number of authorized refills.
26.11 	(e) A veterinarian may, in the course of professional practice and an existing 
26.12 	veterinarian-client-patient relationship, prepare medicaments that combine drugs approved 
26.13 	by the United States Food and Drug Administration and other legally obtained ingredients 
26.14 	with appropriate vehicles.
26.15 	(f) A veterinarian or a bona fide employee of a veterinarian may dispense veterinary 
26.16 	prescription drugs to a person on the basis of a prescription issued by a licensed 
26.17 	veterinarian. The provisions of paragraphs (c) and (d) apply.
26.18 	(g) This section does not limit the authority of the Minnesota Racing Commission to 
26.19 	regulate veterinarians providing services at a licensed racetrack.

26.20 	Sec. 39. Minnesota Statutes 2006, section 156.18, subdivision 2, is amended to read:
26.21 		Subd. 2.Label of dispensed veterinary drugs. (a) A veterinarian or the 
26.22 	veterinarian's authorized agent or employee dispensing a veterinary prescription drug 
26.23 	or prescribing the extra-label use of an over-the-counter drug, an over-the-counter drug 
26.24 	for extra-label use, or a human drug for extra-label use must provide written information 
26.25 	which includes the name and address of the veterinarian, date of filling, species of patient, 
26.26 	name or names of drug, strength of drug or drugs, directions for use, withdrawal time, 
26.27 	and cautionary statements, if any, appropriate for the drug.
26.28 	(b) If the veterinary drug has been prepared, mixed, formulated, or packaged by the 
26.29 	dispenser, all of the information required in paragraph (a) must be provided on a label 
26.30 	affixed to the container.
26.31 	(c) If the veterinary drug is in the manufacturer's original package, the information 
26.32 	required in paragraph (a) must be supplied in writing but need not be affixed to the 
26.33 	container. Information required in paragraph (a) that is provided by the manufacturer on 
26.34 	the original package does not need to be repeated in the separate written information. 
26.35 	Written information required by this paragraph may be written on the sales invoice.

27.1 	Sec. 40. Minnesota Statutes 2006, section 156.19, is amended to read:
27.2 	156.19 EXTRA-LABEL USE.
27.3 	A person, other than a veterinarian or a person working under the controlan 
27.4 	employee of a veterinarian, must not make extra-label use of a veterinary drug in or 
27.5 	on a food-producing animal, unless permitted by the prescription of a veterinarian. A 
27.6 	veterinarian may prescribe the extra-label use of a veterinary drug if:
27.7 	(1) the veterinarian makes a careful medical diagnosis within the context of a valid 
27.8 	veterinarian-client-patient relationship;
27.9 	(2) the veterinarian determines that there is no marketed drug specifically labeled to 
27.10 	treat the condition diagnosed, or that drug therapy as recommended by the labeling has, in 
27.11 	the judgment of the attending veterinarian, been found to be clinically ineffective;
27.12 	(3) the veterinarian recommends procedures to ensure that the identity of the treated 
27.13 	animal will be carefully maintained; and
27.14 	(4) the veterinarian prescribes a significantly extended time period for drug 
27.15 	withdrawal before marketing meat, milk, or eggs.; and
27.16 	(5) the veterinarian has met the criteria established in Code of Federal Regulations, 
27.17 	title 21, part 530, which define the extra-label use of medication in or on animals.

27.18 	Sec. 41. Minnesota Statutes 2006, section 239.77, as amended by Laws 2007, chapter 
27.19 	62, sections 3 and 4, is amended to read:
27.20 	239.77 BIODIESEL CONTENT MANDATE.
27.21 		Subdivision 1.Biodiesel fuel. "Biodiesel fuel" means a renewable, biodegradable, 
27.22 	mono alkyl ester combustible liquid fuel that is derived from agricultural and other plant 
27.23 	oils or animal fats and that meets American Society For Testing and Materials specification 
27.24 	D6751-07 for Biodiesel Fuel (B100) Blend Stock for Distillate Fuels.
27.25 	Biodiesel produced from palm oil is not biodiesel fuel for the purposes of this 
27.26 	section, unless the palm oil is contained within waste oil and grease collected within the 
27.27 	United States or Canada.
27.28 		Subd. 2.Minimum content. (a) Except as otherwise provided in this section, all 
27.29 	diesel fuel sold or offered for sale in Minnesota for use in internal combustion engines 
27.30 	must contain at least 2.0 percent the stated percentage of biodiesel fuel oil by volume.
27.31 	on and after the following dates:

27.32	(1)
	September 29, 2005
	2 percent
	
27.33	(2)
	May 1, 2009
	5 percent
	
28.1	(3)
	May 1, 2012
	10 percent
	
28.2	(4)
	May 1, 2015
	20 percent
	
28.3 	The minimum content levels in clauses (3) and (4) are effective during the months of 
28.4 	April, May, June, July, August, September, and October only. The minimum content for 
28.5 	the remainder of the year is five percent. However, if the commissioners of agriculture, 
28.6 	commerce, and pollution control determine, after consultation with the biodiesel task 
28.7 	force and other technical experts, that an American Society for Testing and Materials 
28.8 	specification or equivalent federal standard exists for the specified biodiesel blend level in 
28.9 	those clauses that adequately addresses technical issues associated with Minnesota's cold 
28.10 	weather and publish a notice in the State Register to that effect, the commissioners may 
28.11 	allow the specified biodiesel blend level in those clauses to be effective year-round.
28.12 	(b) The minimum content levels in paragraph (a), clauses (3) and (4), become 
28.13 	effective on the date specified only if the commissioners of agriculture, commerce, and 
28.14 	pollution control publish notice in the State Register and provide written notice to the 
28.15 	chairs of the house and senate committees with jurisdiction over agriculture, commerce, 
28.16 	and transportation policy and finance, at least 270 days prior to the date of each scheduled 
28.17 	increase, that all of the following conditions have been met and the state is prepared to 
28.18 	move to the next scheduled minimum content level:
28.19 	(1) an American Society for Testing and Materials specification or equivalent federal 
28.20 	standard exists for the next minimum diesel-biodiesel blend;
28.21 	(2) a sufficient supply of biodiesel is available and the amount of biodiesel produced 
28.22 	in this state from feedstock with at least 75 percent that is produced in the United States 
28.23 	and Canada is equal to at least 50 percent of anticipated demand at the next minimum 
28.24 	content level; 
28.25 	(3) adequate blending infrastructure and regulatory protocol are in place in order to 
28.26 	promote biodiesel quality and avoid any potential economic disruption; and
28.27 	(4) at least five percent of the amount of biodiesel necessary for that minimum 
28.28 	content level will be produced from a biological resource other than an agricultural 
28.29 	resource traditionally grown or raised in the state, including, but not limited to, algae 
28.30 	cultivated for biofuels production, waste oils, and tallow.
28.31 	The condition in clause (4) may be waived if the commissioners find that the use of 
28.32 	these nontraditional feedstocks would be uneconomic under market conditions existing at 
28.33 	the time notice is given under this paragraph.
28.34 	(c) The commissioners of agriculture, commerce, and pollution control must consult 
28.35 	with the biodiesel task force when assessing and certifying conditions in paragraph (b), 
29.1 	and in general must seek the guidance of the biodiesel task force regarding biodiesel 
29.2 	labeling, enforcement, and other related issues.
29.3 	(d) During a period of biodiesel fuel shortage or a problem with biodiesel quality 
29.4 	that negatively affects the availability of biodiesel fuel, the commissioner of commerce 
29.5 	may temporarily suspend the minimum content requirement in subdivision 2 until there 
29.6 	is sufficient biodiesel fuel, as defined in subdivision 1, available to fulfill the minimum 
29.7 	content requirement.
29.8 	(e) By February 1, 2012, and periodically thereafter, the commissioner of commerce 
29.9 	shall determine the wholesale diesel price at various pipeline and refinery terminals in the 
29.10 	region, and the biodiesel price determined after credits and incentives are subtracted at 
29.11 	biodiesel plants in the region. The commissioner shall report wholesale price differences to 
29.12 	the governor who, after consultation with the commissioners of commerce and agriculture, 
29.13 	may by executive order adjust the biodiesel mandate if a price disparity reported by the 
29.14 	commissioner will cause economic hardship to retailers of diesel fuel in this state. Any 
29.15 	adjustment must be for a specified period of time, after which the percentage of biodiesel 
29.16 	fuel to be blended into diesel fuel returns to the amount required in subdivision 2. The 
29.17 	biodiesel mandate must not be adjusted to less than five percent.
29.18 		Subd. 3.Exceptions. (a) The minimum content requirement requirements of 
29.19 	subdivision 2 does do not apply to fuel used in the following equipment:
29.20 	(1) motors located at an electric generating plant regulated by the Nuclear 
29.21 	Regulatory Commission;
29.22 	(2) railroad locomotives; and
29.23 	(3) off-road taconite and copper mining equipment and machinery.
29.24 	(b) The exemption in paragraph (a), clause (1), expires 30 days after the Nuclear 
29.25 	Regulatory Commission has approved the use of biodiesel fuel in motors at electric 
29.26 	generating plants under its regulation.
29.27 		Subd. 4.Disclosure. A refinery or terminal shall provide, at the time diesel fuel 
29.28 	is sold or transferred from the refinery or terminal, a bill of lading or shipping manifest 
29.29 	to the person who receives the fuel. For biodiesel-blended products, the bill of lading or 
29.30 	shipping manifest must disclose biodiesel content, stating volume percentage, gallons of 
29.31 	biodiesel per gallons of petroleum diesel base-stock, or an ASTM "Bxx" designation 
29.32 	where "xx" denotes the volume percent biodiesel included in the blended product. This 
29.33 	subdivision does not apply to sales or transfers of biodiesel blend stock between refineries, 
29.34 	between terminals, or between a refinery and a terminal.
29.35 		Subd. 5.Annual report. Beginning in 2009, the commissioner of agriculture 
29.36 	must report by January 15 of each year to the chairs and ranking minority members of 
30.1 	the legislative committees and divisions with jurisdiction over agriculture policy and 
30.2 	finance regarding the implementation of the minimum content requirements in subdivision 
30.3 	2, including information about the price and supply of biodiesel fuel. The report shall 
30.4 	include information about the impacts of the biodiesel mandate on the development of 
30.5 	biodiesel production capacity in the state, and on the use of feedstock grown or raised in 
30.6 	the state for biodiesel production. The report must include any written comments received 
30.7 	from members of the biodiesel fuel task force by January 1 of that year designated by 
30.8 	them for inclusion in the report.

30.9 	Sec. 42. Minnesota Statutes 2007 Supplement, section 296A.01, subdivision 8a, 
30.10 	is amended to read:
30.11 		Subd. 8a.Biodiesel fuel. "Biodiesel fuel" means a renewable, biodegradable, mono 
30.12 	alkyl ester combustible liquid fuel derived from agricultural plant oils or animal fats 
30.13 	and that meets American Society for Testing and Materials specification D6751-07 for 
30.14 	Biodiesel Fuel (B100) Blend Stock for Distillate Fuels has the meaning given in section 
30.15 	239.77, subdivision 1.

30.16 	Sec. 43. Minnesota Statutes 2007 Supplement, section 394.23, is amended to read:
30.17 	394.23 COMPREHENSIVE PLAN.
30.18 	The board has the power and authority to prepare and adopt by ordinance, a 
30.19 	comprehensive plan. A comprehensive plan or plans when adopted by ordinance must be 
30.20 	the basis for official controls adopted under the provisions of sections 394.21 to 394.37. 
30.21 	The commissioner of natural resources must provide the natural heritage data from 
30.22 	the county biological survey, if available, to each county for use in the comprehensive 
30.23 	plan. When adopting or updating the comprehensive plan, the board must, if the data is 
30.24 	available to the county, consider natural heritage data resulting from the county biological 
30.25 	survey. The board must consider adopting goals and objectives that will protect open 
30.26 	space and the environment. 

30.27 	Sec. 44. [394.231] COMPREHENSIVE PLANS IN GREATER MINNESOTA; 
30.28 	OPEN SPACE.
30.29 	A county adopting or updating a comprehensive plan in a county outside the 
30.30 	metropolitan area as defined by section 473.121, subdivision 2, shall consider adopting 
30.31 	goals and objectives for the preservation of agricultural, forest, wildlife, and open space 
30.32 	land, and minimizing development in sensitive shoreland areas. Within three years of 
30.33 	updating the comprehensive plan, the county shall consider adopting ordinances as part 
31.1 	of the county's official controls that encourage the implementation of the goals and 
31.2 	objectives. The county shall consider the following goals and objectives:
31.3 	(1) minimizing the fragmentation and development of agricultural, forest, wildlife, 
31.4 	and open space lands, including consideration of appropriate minimum lot sizes; 
31.5 	(2) minimizing further development in sensitive shoreland areas; 
31.6 	(3) minimizing development near wildlife management areas, scientific and natural 
31.7 	areas, and nature centers; 
31.8 	(4) identification of areas of preference for higher density, including consideration 
31.9 	of existing and necessary water and wastewater services, infrastructure, other services, 
31.10 	and to the extent feasible, encouraging full development of areas previously zoned for 
31.11 	nonagricultural uses; 
31.12 	(5) encouraging development close to places of employment, shopping centers, 
31.13 	schools, mass transit, and other public and private service centers; 
31.14 	(6) identification of areas where other developments are appropriate; and 
31.15 	(7) other goals and objectives a county may identify. 

31.16 	Sec. 45. Minnesota Statutes 2006, section 394.232, subdivision 6, is amended to read:
31.17 		Subd. 6.Plan update. The county board, or the board of the joint planning district, 
31.18 	shall review and update the community-based comprehensive plan periodically, but at 
31.19 	least every ten years, and submit the updated plan to the office of strategic and long-range 
31.20 	planning for review and comment. When updating the plan, the county board or the 
31.21 	board of the joint planning district must consider natural heritage data resulting from the 
31.22 	county biological survey. The board must consider adopting goals and objectives that will 
31.23 	protect open space and the environment. 

31.24 	Sec. 46. Minnesota Statutes 2006, section 462.355, subdivision 1, is amended to read:
31.25 		Subdivision 1.Preparation and review. The planning agency shall prepare the 
31.26 	comprehensive municipal plan. In discharging this duty the planning agency shall 
31.27 	consult with and coordinate the planning activities of other departments and agencies 
31.28 	of the municipality to insure conformity with and to assist in the development of the 
31.29 	comprehensive municipal plan. In its planning activities the planning agency shall 
31.30 	take due cognizance of the planning activities of adjacent units of government and 
31.31 	other affected public agencies. The planning agency shall periodically review the plan 
31.32 	and recommend amendments whenever necessary. When preparing or recommending 
31.33 	amendments to the comprehensive plan, the planning agency must consider adopting goals 
31.34 	and objectives that will protect open space and the environment. 

32.1 	Sec. 47. Minnesota Statutes 2006, section 462.357, is amended by adding a subdivision 
32.2 	to read:
32.3 		Subd. 1h.Comprehensive plans in greater Minnesota; open spaces.  When 
32.4 	adopting or updating a comprehensive plan in a municipality outside the metropolitan 
32.5 	area, as defined by section 473.121, subdivision 2, the municipality shall consider adopting 
32.6 	goals and objectives for the preservation of agricultural, forest, wildlife, and open space 
32.7 	land and the minimization of development in sensitive shoreland areas. Within three years 
32.8 	of updating the comprehensive plan, the municipality shall consider adopting ordinances 
32.9 	as part of the municipality's official controls that encourage the implementation of the 
32.10 	goals and objectives. 

32.11 	Sec. 48. Minnesota Statutes 2006, section 462.357, is amended by adding a subdivision 
32.12 	to read:
32.13 		Subd. 9.Development goals and objectives. In adopting official controls after July 
32.14 	1, 2008, in a municipality outside the metropolitan area, as defined by section 473.121, 
32.15 	subdivision 2, the municipality shall consider restricting new residential, commercial, and 
32.16 	industrial development so that the new development takes place in areas subject to the 
32.17 	following goals and objectives: 
32.18 	(1) minimizing the fragmentation and development of agricultural, forest, wildlife, 
32.19 	and open space lands, including consideration of appropriate minimum lot sizes; 
32.20 	(2) minimizing further development in sensitive shoreland areas; 
32.21 	(3) minimizing development near wildlife management areas, scientific and natural 
32.22 	areas, and nature centers; 
32.23 	(4) identification of areas of preference for higher density, including consideration 
32.24 	of existing and necessary water and wastewater services, infrastructure, other services, 
32.25 	and to the extent feasible, encouraging full development of areas previously zoned for 
32.26 	nonagricultural uses; 
32.27 	(5) encouraging development close to places of employment, shopping centers, 
32.28 	schools, mass transit, and other public and private service centers; 
32.29 	(6) identification of areas where other developments are appropriate; and 
32.30 	(7) other goals and objectives a municipality may identify. 

32.31 	Sec. 49. TITLE.
 32.32 	Sections 43 to 48 shall be known as the President Theodore Roosevelt Memorial 
32.33 	Bill to Preserve Agricultural, Forest, Wildlife, and Open Space Land. 

33.1 	Sec. 50. Laws 2007, chapter 45, article 1, section 3, subdivision 3, is amended to read:

33.2
33.3	Subd. 3. Agricultural Marketing and 
Development
 		8,547,000 
		5,157,000 
	
33.4 	$186,000 the first year and $186,000 the 
33.5 	second year are for transfer to the Minnesota 
33.6 	grown account and may be used as grants 
33.7 	for Minnesota grown promotion under 
33.8 	Minnesota Statutes, section 17.102. Grants 
33.9 	may be made for one year. Notwithstanding 
33.10 	Minnesota Statutes, section 16A.28, the 
33.11 	appropriations encumbered under contract on 
33.12 	or before June 30, 2009, for Minnesota grown 
33.13 	grants in this paragraph are available until 
33.14 	June 30, 2011. $50,000 of the appropriation 
33.15 	in each year is for efforts that identify 
33.16 	and promote Minnesota grown products 
33.17 	in retail food establishments including but 
33.18 	not limited to restaurants, grocery stores, 
33.19 	and convenience stores. The balance in the 
33.20 	Minnesota grown matching account in the 
33.21 	agricultural fund is canceled to the Minnesota 
33.22 	grown account in the agricultural fund and 
33.23 	the Minnesota grown matching account is 
33.24 	abolished. 
33.25 	$160,000 the first year and $160,000 the 
33.26 	second year are for grants to farmers for 
33.27 	demonstration projects involving sustainable 
33.28 	agriculture as authorized in Minnesota 
33.29 	Statutes, section 17.116. Of the amount 
33.30 	for grants, up to $20,000 may be used for 
33.31 	dissemination of information about the 
33.32 	demonstration projects. Notwithstanding 
33.33 	Minnesota Statutes, section 16A.28, the 
33.34 	appropriations encumbered under contract 
33.35 	on or before June 30, 2009, for sustainable 
34.1 	agriculture grants in this paragraph are 
34.2 	available until June 30, 2011. 
34.3 	$100,000 the first year and $100,000 
34.4 	the second year are to provide training 
34.5 	and technical assistance to county and 
34.6 	town officials relating to livestock siting 
34.7 	issues and local zoning and land use 
34.8 	planning, including a checklist template that 
34.9 	would clarify the federal, state, and local 
34.10 	government requirements for consideration 
34.11 	of an animal agriculture modernization 
34.12 	or expansion project. In developing 
34.13 	the training and technical assistance 
34.14 	program, the commissioner shall seek 
34.15 	guidance, advice, and support of livestock 
34.16 	producer organizations, general agricultural 
34.17 	organizations, local government associations, 
34.18 	academic institutions, other government 
34.19 	agencies, and others with expertise in land 
34.20 	use and agriculture. 
34.21 	$103,000 the first year and $106,000 the 
34.22 	second year are for additional integrated pest 
34.23 	management activities. 
34.24 	$2,500,000 the first year is for the agricultural 
34.25 	best management practices loan program. At 
34.26 	least $2,000,000 is available for pass-through 
34.27 	to local governments and lenders for 
34.28 	low-interest loans and is available until spent. 
34.29 	Any unencumbered balance that is not used 
34.30 	for pass-through to local governments does 
34.31 	not cancel at the end of the first year and is 
34.32 	available for the second year.
34.33 	$1,000,000 the first year is for the agricultural 
34.34 	best management practices loan program for 
34.35 	capital equipment loans for persons using 
35.1 	native, perennial cropping systems for energy 
35.2 	or seed production. This appropriation is 
35.3 	available until spent. * (The preceding text 
35.4 	beginning "$1,000,000 the first year" was 
35.5 	indicated as vetoed by the governor.) 
35.6 	$100,000 the first year and $100,000 the 
35.7 	second year are for annual cost-share 
35.8 	payments to resident farmers or persons 
35.9 	who sell, process, or package agricultural 
35.10 	products in this state for the costs of organic 
35.11 	certification. Annual cost-share payments 
35.12 	per farmer must be two-thirds of the cost 
35.13 	of the certification or $350, whichever is 
35.14 	less. In any year that a resident farmer or 
35.15 	person who sells, processes, or packages 
35.16 	agricultural products in this state receives 
35.17 	a federal organic certification cost-share 
35.18 	payment, that resident farmer or person is 
35.19 	not eligible for state cost-share payments. 
35.20 	A certified farmer is eligible to receive 
35.21 	annual certification cost-share payments for 
35.22 	up to five years. $15,000 each year is for 
35.23 	organic market and program development. 
35.24 	The commissioner may allocate any excess 
35.25 	appropriation in either fiscal year for organic 
35.26 	producer education efforts, assistance for 
35.27 	persons transitioning from conventional 
35.28 	to organic agriculture, or sustainable 
35.29 	agriculture demonstration grants authorized 
35.30 	under Minnesota Statutes, section 17.116, 
35.31 	and pertaining to organic research or 
35.32 	demonstration. Any unencumbered balance 
35.33 	does not cancel at the end of the first year 
35.34 	and is available for the second year. 

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

36.1 	Sec. 51. Laws 2007, chapter 45, article 1, section 3, subdivision 4, is amended to read:

36.2
36.3	Subd. 4. Bioenergy and Value-Added 
Agricultural Products
 		19,918,000 
		15,168,000 
	
36.4 	$15,168,000 the first year and $15,168,000 
36.5 	the second year are for ethanol producer 
36.6 	payments under Minnesota Statutes, section 
36.7 	41A.09. If the total amount for which all 
36.8 	producers are eligible in a quarter exceeds 
36.9 	the amount available for payments, the 
36.10 	commissioner shall make payments on a 
36.11 	pro rata basis. If the appropriation exceeds 
36.12 	the total amount for which all producers 
36.13 	are eligible in a fiscal year for scheduled 
36.14 	payments and for deficiencies in payments 
36.15 	during previous fiscal years, the balance 
36.16 	in the appropriation is available to the 
36.17 	commissioner for value-added agricultural 
36.18 	programs including the value-added 
36.19 	agricultural product processing and 
36.20 	marketing grant program under Minnesota 
36.21 	Statutes, section 17.101, subdivision 5. The 
36.22 	appropriation remains available until spent. 
36.23 	$3,000,000 the first year is for grants to 
36.24 	bioenergy projects. The NextGen Energy 
36.25 	Board shall make recommendations to 
36.26 	the commissioner on grants for owners of 
36.27 	Minnesota facilities producing bioenergy, 
36.28 	organizations that provide for on-station, 
36.29 	on-farm field scale research and outreach to 
36.30 	develop and test the agronomic and economic 
36.31 	requirements of diverse stands of prairie 
36.32 	plants and other perennials for bioenergy 
36.33 	systems, or certain nongovernmental 
36.34 	entities. For the purposes of this paragraph, 
36.35 	"bioenergy" includes transportation fuels 
36.36 	derived from cellulosic material as well as 
37.1 	the generation of energy for commercial heat, 
37.2 	industrial process heat, or electrical power 
37.3 	from cellulosic material via gasification 
37.4 	or other processes. The board must give 
37.5 	priority to a bioenergy facility that is at 
37.6 	least 60 percent owned and controlled by 
37.7 	farmers, as defined in Minnesota Statutes, 
37.8 	section 500.24, subdivision 2, paragraph 
37.9 	(n), or natural persons residing in the 
37.10 	county or counties contiguous to where the 
37.11 	facility is located. Grants are limited to 50 
37.12 	percent of the cost of research, technical 
37.13 	assistance, or equipment related to bioenergy 
37.14 	production or $500,000, whichever is less. 
37.15 	Grants to nongovernmental entities for the 
37.16 	development of business plans and structures 
37.17 	related to community ownership of eligible 
37.18 	bioenergy facilities together may not exceed 
37.19 	$150,000. The board shall make a good 
37.20 	faith effort to select projects that have 
37.21 	merit and when taken together represent a 
37.22 	variety of bioenergy technologies, biomass 
37.23 	feedstocks, and geographic regions of the 
37.24 	state. Projects must have a qualified engineer 
37.25 	certification on the technology and fuel 
37.26 	source. Grantees shall provide reports at 
37.27 	the request of the commissioner and must 
37.28 	actively participate in the Agricultural 
37.29 	Utilization Research Institute's Renewable 
37.30 	Energy Roundtable. No later than February 
37.31 	1, 2009, the commissioner shall report on 
37.32 	the projects funded under this appropriation 
37.33 	to the house and senate committees with 
37.34 	jurisdiction over agriculture finance. The 
37.35 	commissioner's costs in administering the 
37.36 	program may be paid from the appropriation. 
38.1 	Any unencumbered balance does not cancel 
38.2 	at the end of the first year and is available in 
38.3 	the second year.
38.4 	$350,000 the first year is for grants to 
38.5 	the Minnesota Institute for Sustainable 
38.6 	Agriculture at the University of Minnesota 
38.7 	to provide funds for on-station and on-farm 
38.8 	field scale research and outreach to develop 
38.9 	and test the agronomic and economic 
38.10 	requirements of diverse stands of prairie 
38.11 	plants and other perennials for bioenergy 
38.12 	systems including, but not limited to, 
38.13 	multiple species selection and establishment, 
38.14 	ecological management between planting 
38.15 	and harvest, harvest technologies, financial 
38.16 	and agronomic risk management, farmer 
38.17 	goal setting and adoption of technologies, 
38.18 	integration of wildlife habitat into 
38.19 	management approaches, evaluation of 
38.20 	carbon and other benefits, and robust policies 
38.21 	needed to induce farmer conversion on 
38.22 	marginal lands. * (The preceding text 
38.23 	beginning "$350,000 the first year" was 
38.24 	indicated as vetoed by the governor.) 
38.25 	$200,000 the first year is for a grant to the 
38.26 	Minnesota Turf Seed Council for basic 
38.27 	and applied agronomic research on native 
38.28 	plants, including plant breeding, nutrient 
38.29 	management, pest management, disease 
38.30 	management, yield, and viability. The grant 
38.31 	recipient may subcontract with a qualified 
38.32 	third party for some or all of the basic 
38.33 	or applied research. The grant recipient 
38.34 	must actively participate in the Agricultural 
38.35 	Utilization Research Institute's Renewable 
38.36 	Energy Roundtable and no later than 
39.1 	February 1, 2009, must report to the house 
39.2 	and senate committees with jurisdiction 
39.3 	over agriculture finance. This is a onetime 
39.4 	appropriation and is available until spent. 
39.5 	$200,000 the first year is for a grant to a joint 
39.6 	venture combined heat and power energy 
39.7 	facility located in Scott or LeSueur County 
39.8 	for the creation of a centrally located biomass 
39.9 	fuel supply depot with the capability of 
39.10 	unloading, processing, testing, scaling, and 
39.11 	storing renewable biomass fuels. The grant 
39.12 	must be matched by at least $3 of nonstate 
39.13 	funds for every $1 of state funds. The grant 
39.14 	recipient must actively participate in the 
39.15 	Agricultural Utilization Research Institute's 
39.16 	Renewable Energy Roundtable and no 
39.17 	later than February 1, 2009, must report 
39.18 	to the house and senate committees with 
39.19 	jurisdiction over agriculture finance. This is 
39.20 	a onetime appropriation and is available until 
39.21 	spent. 
39.22 	$300,000 the first year is for a grant to the 
39.23 	Bois Forte Band of Chippewa for a feasibility 
39.24 	study of a renewable energy biofuels 
39.25 	demonstration facility on the Bois Forte 
39.26 	Reservation in St. Louis and Koochiching 
39.27 	Counties. The grant shall be used by the Bois 
39.28 	Forte Band to conduct a detailed feasibility 
39.29 	study of the economic and technical viability 
39.30 	of developing a multistream renewable 
39.31 	energy biofuels demonstration facility 
39.32 	on Bois Forte Reservation land to utilize 
39.33 	existing forest resources, woody biomass, 
39.34 	and cellulosic material to produce biofuels or 
39.35 	bioenergy. The grant recipient must actively 
39.36 	participate in the Agricultural Utilization 
40.1 	Research Institute's Renewable Energy 
40.2 	Roundtable and no later than February 1, 
40.3 	2009, must report to the house and senate 
40.4 	committees with jurisdiction over agriculture 
40.5 	finance. This is a onetime appropriation and 
40.6 	is available until spent. 
40.7 	$300,000 the first year is for a grant to 
40.8 	the White Earth Band of Chippewa for a 
40.9 	feasibility study of a renewable energy 
40.10 	biofuels production, research, and production 
40.11 	facility on the White Earth Reservation in 
40.12 	Mahnomen County. The grant must be used 
40.13 	by the White Earth Band and the University 
40.14 	of Minnesota to conduct a detailed feasibility 
40.15 	study of the economic and technical viability 
40.16 	of (1) developing a multistream renewable 
40.17 	energy biofuels demonstration facility on 
40.18 	White Earth Reservation land to utilize 
40.19 	existing forest resources, woody biomass, 
40.20 	and cellulosic material to produce biofuels or 
40.21 	bioenergy, and (2) developing, harvesting, 
40.22 	and marketing native prairie plants and seeds 
40.23 	for bioenergy production. The grant recipient 
40.24 	must actively participate in the Agricultural 
40.25 	Utilization Research Institute's Renewable 
40.26 	Energy Roundtable and no later than 
40.27 	February 1, 2009, must report to the house 
40.28 	and senate committees with jurisdiction 
40.29 	over agriculture finance. This is a onetime 
40.30 	appropriation and is available until spent. 
40.31 	$200,000 the first year is for a grant to the Elk 
40.32 	River Economic Development Authority for 
40.33 	upfront engineering and a feasibility study 
40.34 	of the Elk River renewable fuels facility. 
40.35 	The facility must use a plasma gasification 
40.36 	process to convert primarily cellulosic 
41.1 	material, but may also use plastics and other 
41.2 	components from municipal solid waste, as 
41.3 	feedstock for the production of methanol 
41.4 	for use in biodiesel production facilities. 
41.5 	Any unencumbered balance in fiscal year 
41.6 	2008 does not cancel but is available for 
41.7 	fiscal year 2009. Notwithstanding Minnesota 
41.8 	Statutes, section 16A.285, the agency must 
41.9 	not transfer this appropriation. The grant 
41.10 	recipient must actively participate in the 
41.11 	Agricultural Utilization Research Institute's 
41.12 	Renewable Energy Roundtable and no 
41.13 	later than February 1, 2009, must report 
41.14 	to the house and senate committees with 
41.15 	jurisdiction over agriculture finance. This is 
41.16 	a onetime appropriation and is available until 
41.17 	spent. 
41.18 	$200,000 the first year is for a grant to 
41.19 	Chisago County to conduct a detailed 
41.20 	feasibility study of the economic and 
41.21 	technical viability of developing a 
41.22 	multistream renewable energy biofuels 
41.23 	demonstration facility in Chisago, Isanti, 
41.24 	or Pine County to utilize existing forest 
41.25 	resources, woody biomass, and cellulosic 
41.26 	material to produce biofuels or bioenergy. 
41.27 	Chisago County may expend funds to Isanti 
41.28 	and Pine Counties and the University of 
41.29 	Minnesota for any costs incurred as part 
41.30 	of the study. The feasibility study must 
41.31 	consider the capacity of: (1) the seed bank 
41.32 	at Wild River State Park to expand the 
41.33 	existing prairie grass, woody biomass, and 
41.34 	cellulosic material resources in Chisago, 
41.35 	Isanti, and Pine Counties; (2) willing and 
41.36 	interested landowners in Chisago, Isanti, and 
42.1 	Pine Counties to grow cellulosic materials; 
42.2 	and (3) the Minnesota Conservation Corps, 
42.3 	the sentence to serve program, and other 
42.4 	existing workforce programs in east central 
42.5 	Minnesota to contribute labor to these efforts. 
42.6 	The grant recipient must actively participate 
42.7 	in the Agricultural Utilization Research 
42.8 	Institute's Renewable Energy Roundtable and 
42.9 	no later than February 1, 2009, must report 
42.10 	to the house and senate committees with 
42.11 	jurisdiction over agriculture finance. This is 
42.12 	a onetime appropriation and is available until 
42.13 	spent. 

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

42.15 	Sec. 52. AGRICULTURAL AND OPEN SPACE PRESERVATION TASK 
42.16 	FORCE.
 42.17 	An agricultural and open space preservation task force is created to study state and 
42.18 	local policies and incentives related to encouraging farms, privately owned forest lands, 
42.19 	and other privately owned open spaces to be preserved. The task force shall consist of 
42.20 	one member of the majority party of the senate appointed by the majority leader and one 
42.21 	member of the minority party of the senate appointed by the minority leader; one member 
42.22 	of the majority party in the house of representatives, appointed by the speaker of the house 
42.23 	of representatives, and one member of the minority party in the house of representatives 
42.24 	appointed by the minority leader; and one representative each from the Association of 
42.25 	Minnesota Counties, the League of Minnesota Cities, and the Minnesota Association of 
42.26 	Townships. The task force shall consult with representatives of agricultural groups such as 
42.27 	Farm Bureau and Farmer's Union and may consult with other interested parties, including 
42.28 	appropriate state agencies, as needed. No public member of the task force shall be entitled 
42.29 	to compensation or reimbursements for expenses. Appointments shall be made by July 1, 
42.30 	2008, and the first meeting shall be convened by agreement of the senate members no later 
42.31 	than August 1, 2008. The task force shall elect a chair from among its members at the 
42.32 	first meeting. The task force must report its findings with recommendations for proposed 
42.33 	legislation to the chair and ranking minority member of the committees in the house of 
42.34 	representatives and senate with jurisdiction over land use planning no later than January 
42.35 	30, 2009. The task force shall expire on June 30, 2009. 

43.1 	Sec. 53. PROPOSAL; PETROLEUM INSPECTION FEE REVENUE.
 43.2 	The commissioners of finance, commerce, and pollution control must develop and 
43.3 	submit to the legislature as part of their next biennial budget request a proposal for 
43.4 	eliminating, to the extent feasible, redundant fuel inspections and dedicating, to the extent 
43.5 	feasible, all revenue from the petroleum inspection fee levied on petroleum products under 
43.6 	Minnesota Statutes, section 239.101, subdivision 3, to the Weights and Measures Division 
43.7 	of the Department of Commerce. All additional funding appropriated to the Weights and 
43.8 	Measures Division under this proposal must be used for increased and enhanced fuel 
43.9 	quality assurance enforcement activities and equipment and for educational activities 
43.10 	focused on the handling, distribution, and use of biodiesel fuel.

43.11 	Sec. 54. TECHNICAL COLD WEATHER ISSUES.
 43.12 	The commissioners of agriculture and commerce shall consult with stakeholders 
43.13 	who are technical experts in cold weather biodiesel and petroleum diesel issues to 
43.14 	consider and make recommendations regarding improvements in the production, blending, 
43.15 	handling, and distribution of biodiesel blends to further ensure the performance of these 
43.16 	fuels in cold weather. The commissioners shall issue a report on these issues by January 
43.17 	15, 2009, to the chairs and ranking minority members of the legislature with jurisdiction 
43.18 	over agriculture and commerce policy and finance.

43.19 	Sec. 55. BIOBASED DIESEL ALTERNATIVES.
 43.20 	By January 15, 2011, the commissioners of agriculture, commerce, and pollution 
43.21 	control shall consult with a broad range of stakeholders with technical expertise to 
43.22 	develop and present recommendations to the NextGen Energy Board and to the chairs and 
43.23 	ranking minority members of the Environment, Agriculture, Transportation, and Energy 
43.24 	Policy and Finance Committees for the use of biobased diesel alternatives in the state, 
43.25 	after reviewing the technology, economics, and operational characteristics associated 
43.26 	with their use. For the purposes of this section, "biobased diesel alternatives" means 
43.27 	alternatives to petroleum diesel fuel that are warrantied for use in a standard diesel engine 
43.28 	without modification and derived from a biological resource. The commissioners may 
43.29 	not recommend the use of a biobased diesel alternative for which an ASTM specification 
43.30 	has not been developed, and which does not provide at least the equivalent environmental 
43.31 	emissions benefits and local economic development potential as biodiesel produced using 
43.32 	feedstocks grown or raised in the United States and Canada.

43.33 	Sec. 56. LOW-CARBON FUEL STANDARD STUDY.
 44.1 	(a) The amount appropriated in 2008 H.F. No. 1812, if enacted, to the Department of 
44.2 	Commerce for sustainability standards is for a grant to study how a Minnesota-appropriate 
44.3 	low-carbon fuel standard could be designed to take advantage of Minnesota's biofuel 
44.4 	policies, and provide maximum benefits to Minnesota's consumers, workers, farmers, and 
44.5 	businesses while ensuring the continued viability of the state's current biofuel industry. At 
44.6 	a minimum, the study shall analyze a performance-based low-carbon fuel standard that 
44.7 	measures the progress in reducing greenhouse gas emissions on a full lifecycle basis 
44.8 	and include an analysis of:
44.9 	(1) basing the initial increment for carbon reduction based on the state's plans for 
44.10 	20 percent ethanol by 2013 and 20 percent biodiesel by 2015 and testing a number of 
44.11 	assumptions about reducing fossil fuel inputs in the production of those fuels during 
44.12 	this time frame;
44.13 	(2) basing the next increment of carbon reduction on assumptions and policies about 
44.14 	the commercialization and penetration of biomass-based fuels using various nontraditional 
44.15 	feedstocks, including algae and perennial grasses, electricity, hydrogen, compressed 
44.16 	natural gas, and other innovative fuel strategies;
44.17 	(3) the impact the low-carbon fuel standard might have on Minnesota consumers 
44.18 	of transportation fuels generally and on the competitiveness of the state's current ethanol 
44.19 	and biodiesel industries;
44.20 	(4) recommendations to increase the environmental and economic sustainability of 
44.21 	the production of transportation fuels, including land and water conservation implications 
44.22 	and rural economic development; and
44.23 	(5) an outline of the steps necessary to implement a Minnesota-appropriate 
44.24 	low-carbon fuel standard.
44.25 	(b) The commissioner shall present the study and any recommendations to the 
44.26 	NextGen Energy Board, the Biodiesel Board, and the chairs and ranking minority 
44.27 	members of the Environment, Agriculture, Transportation, and Energy Policy and Finance 
44.28 	Committees by February 1, 2009, including any proposed legislation necessary to 
44.29 	implement the recommendations.

44.30 	Sec. 57. NEXTGEN 2007 APPROPRIATION MODIFICATION.
 44.31 	$500,000 of the amount appropriated to the commissioner of agriculture for 
44.32 	bioenergy grants under Laws 2007, chapter 45, article 1, section 3, subdivision 4, is for 
44.33 	cold weather biodiesel blending infrastructure grants to facilities that serve Minnesota.

45.1 	Sec. 58. RENEWABLE DEVELOPMENT FUND 2007 APPROPRIATION 
45.2 	MODIFICATION.
 45.3 	Of the amounts appropriated from the renewable development fund to the 
45.4 	commissioner of commerce for renewable energy research under Laws 2007, chapter 
45.5 	57, article 2, section 3, subdivision 6, clause (7), $500,000 shall be used to support the 
45.6 	algae-to-biofuels research project at the University of Minnesota and the Metropolitan 
45.7 	Council.

45.8 	ARTICLE 2 
45.9 	VETERANS AND MILITARY AFFAIRS

45.10 	Section 1. Minnesota Statutes 2006, section 168.1255, subdivision 1, is amended to 
45.11 	read:
45.12 		Subdivision 1.General requirements and procedures. The commissioner shall 
45.13 	issue special veteran contribution plates or a single motorcycle plate to an applicant who:
45.14 	(1) is a veteran, as defined in section 197.447;
45.15 	(2) is a registered owner of a passenger automobile or motorcycle;
45.16 	(3) pays a fee of $10 to cover the costs of handling and manufacturing the plates;
45.17 	(4) pays the registration tax required under section 168.013;
45.18 	(5) pays the fees required under this chapter;
45.19 	(6) pays an additional onetime World War II memorial contribution of $30, which 
45.20 	the department shall retain until all start-up costs associated with the development and 
45.21 	issuing of the plates have been recovered, after which the commissioner shall deposit 
45.22 	contributions in the World War II donation match account; and
45.23 	(7) complies with this chapter and rules governing the registration of motor vehicles 
45.24 	and licensing of drivers.

45.25 	Sec. 2. Minnesota Statutes 2006, section 168.1255, is amended by adding a subdivision 
45.26 	to read:
45.27 		Subd. 1a.Motorcycle plate. A motorcycle plate issued under this section must be 
45.28 	the same size as a regular motorcycle plate.

45.29 	Sec. 3. Minnesota Statutes 2006, section 168.1255, subdivision 3, is amended to read:
45.30 		Subd. 3.Plate transfers. Despite section 168.12, subdivision 1, on payment of a 
45.31 	transfer fee of $5, plates issued under this section may be transferred to another passenger 
45.32 	automobile registered to the individual to whom the veteran contribution plates were 
46.1 	issued, or a single motorcycle plate may be transferred to another motorcycle registered to 
46.2 	the individual to whom the plate was issued.

46.3 	Sec. 4. Minnesota Statutes 2006, section 168.1255, is amended by adding a subdivision 
46.4 	to read:
46.5 		Subd. 6.World War II memorial donation match account. Money remaining 
46.6 	in the World War II memorial donation match account after the state share of the 
46.7 	construction costs of the World War II memorial has been paid in full is appropriated to the 
46.8 	commissioner of veterans affairs for services and programs for veterans and their families.

46.9 	Sec. 5. Minnesota Statutes 2006, section 196.021, is amended to read:
46.10 	196.021 DEPUTY COMMISSIONERS; DUTIES.
46.11 		Subdivision 1.Appointment. The commissioner shall appoint a deputy 
46.12 	commissioner for veteran services as provided in subdivision 2, and the board of directors 
46.13 	of the Minnesota Veterans Homes may appoint a deputy commissioner for veteran health 
46.14 	care as provided in section 198.004. Both deputy commissioners serve in the unclassified 
46.15 	service, the deputy for veteran services at the pleasure of the commissioner and the deputy 
46.16 	for veteran health care at the pleasure of the board. Both deputies shallmust be residents 
46.17 	of Minnesota, citizens of the United States, and veterans as defined in section 197.447. 
46.18 		Subd. 2.Deputy for veteran services; Powers and duties. The deputy 
46.19 	commissioner for veteran services hasand the deputy commissioner for veteran health 
46.20 	care have those powers delegated by the commissioner that have not otherwise been 
46.21 	delegated to the deputy commissioner for veteran health care by the commissioner or 
46.22 	assigned to that deputy commissioner by law. A delegation must be in writing, signed 
46.23 	by the commissioner, and filed with the secretary of state.

46.24 	Sec. 6. Minnesota Statutes 2006, section 196.03, is amended to read:
46.25 	196.03 OFFICERS AND EMPLOYEES.
46.26 	Except as provided in chapter 198, All officers and employees of the department 
46.27 	shall be appointed by the commissioner and they shall perform such duties as may be 
46.28 	assigned to them by the commissioner.

46.29 	Sec. 7. [196.30] VETERANS HEALTH CARE ADVISORY COUNCIL.
46.30 		Subdivision 1.Creation. The Veterans Health Care Advisory Council is established 
46.31 	to provide the Department of Veterans Affairs with advice and recommendations on 
47.1 	providing veterans with quality long-term care and the anticipated future needs of 
47.2 	Minnesota veterans. 
47.3 		Subd. 2.Membership.  (a) The council consists of nine public members appointed 
47.4 	by the governor. The council members are: 
47.5 	(1) seven members with extensive expertise in health care delivery, long-term care, 
47.6 	and veterans services;
47.7 	(2) one licensed clinician who may be either a physician, physician's assistant, or 
47.8 	a nurse practitioner; and
47.9 	(3) one additional member.
47.10 	(b) The governor shall designate a member to serve as the chair.
47.11 	(c) The commissioner of veterans affairs, or the commissioner's designee, is an ex 
47.12 	officio, nonvoting member of the council and shall provide necessary and appropriate 
47.13 	administrative and technical support to the council.
47.14 	(d) Membership terms, removal of members, and the filling of vacancies are as 
47.15 	provided in section 15.059, subdivisions 2 and 4. Members shall not receive compensation 
47.16 	or per diem payments, but may receive reimbursement for expenses pursuant to section 
47.17 	15.059, subdivision 3.
47.18 		Subd. 3.Duties.  The council is an advisory group with the responsibility of 
47.19 	providing the commissioner of veterans affairs with information and professional expertise 
47.20 	on the delivery of quality long-term care to veterans. The council's duties include:
47.21 	(1) developing a new vision and strategic plan for the veterans homes that 
47.22 	complements the Department of Veterans Affairs overall veterans service programs;
47.23 	(2) providing recommendations and advice on matters including clinical 
47.24 	performance, systemwide quality improvement efforts, culture and working environment 
47.25 	of the veterans homes, and other operational and organizational functions of the veterans 
47.26 	homes;
47.27 	(3) studying and reviewing current issues and trends in the long-term care industry 
47.28 	and the veterans community;
47.29 	(4) providing recommendations to the commissioner on alternative options for the 
47.30 	delivery of long-term care to veterans so that veterans and their families can determine 
47.31 	appropriate services under models similar to those available in the community;
47.32 	(5) establishing, as appropriate, subcommittees or ad hoc task forces of council 
47.33 	members, stakeholders, and other individuals with expertise or experience to address 
47.34 	specific issues; and 
47.35 	(6) reviewing and providing advice on any other matter at the request of the 
47.36 	commissioner.
48.1 		Subd. 4.Expiration. Notwithstanding section 15.059, subdivision 4, the council 
48.2 	expires June 30, 2013. 

48.3 	Sec. 8. Minnesota Statutes 2006, section 197.236, is amended to read:
48.4 	197.236 VETERANS CEMETERY STATE VETERANS CEMETERIES.
48.5 		Subd. 3.Operation and maintenance. The commissioner of veterans affairs shall 
48.6 	supervise and control the veterans cemetery cemeteries established under this section. The 
48.7 	cemeteries are to be maintained and operated in accordance with the operational standards 
48.8 	and measures of the National Cemetery Administration. The commissioner may contract 
48.9 	for the maintenance and operation of the cemetery cemeteries. All personnel, equipment, 
48.10 	and support necessary for maintenance and operation of the cemetery cemeteries must be 
48.11 	included in the department's budget.
48.12 		Subd. 5.Rules. The commissioner of veterans affairs may adopt rules regarding the 
48.13 	operation of the cemetery cemeteries. If practicable, The commissioner shall require that 
48.14 	upright granite markers supplied by the United States Department of Veterans Affairs be 
48.15 	used to mark all gravesites.
48.16 		Subd. 6.Permanent development and maintenance account. A veterans 
48.17 	cemetery development and maintenance account is established in the special revenue 
48.18 	fund of the state treasury. Receipts for burial fees, earnings from the veterans cemetery 
48.19 	trust account plot or interment allowance claims, designated appropriations, and any 
48.20 	other cemetery receipts must be deposited into this account. The money in the account, 
48.21 	including interest earned, is appropriated to the commissioner to be used for the 
48.22 	development, operation, maintenance, and improvement of the cemetery cemeteries. 
48.23 	To the extent practicable, the commissioner of veterans affairs must apply for available 
48.24 	federal grants for the development and operation of the cemetery to establish, expand, or 
48.25 	improve the cemeteries.
48.26 		Subd. 7.Permanent trust account. A veterans cemetery trust account is 
48.27 	established in the special revenue fund of the state treasury. All designated appropriations 
48.28 	and monetary donations to the cemetery must be placed in this account. The principal of 
48.29 	this account must be invested by the State Board of Investment and may not be spent. The 
48.30 	income from this account must be transferred as directed by the account manager to the 
48.31 	veterans cemetery development and maintenance account.
48.32 		Subd. 8.Eligibility. Any person who is eligible for burial in a national veterans 
48.33 	cemetery is eligible for burial in the State Veterans Cemetery Cemeteries must be operated 
48.34 	solely for the burial of service members who die on active duty, eligible veterans, and 
49.1 	their spouses and dependent children, as defined in United States Code, title 38, section 
49.2 	101, paragraph (2).
49.3 		Subd. 9.Burial fees. The commissioner of veterans affairs shall establish a fee 
49.4 	schedule, which may be adjusted from time to time, for the interment of eligible family 
49.5 	members spouses and dependent children. The fees shall cover as nearly as practicable 
49.6 	the actual costs of interment, excluding the value of the plot. The department may accept 
49.7 	the Social Security burial allowance, if any, of the eligible family members in an amount 
49.8 	not to exceed the actual cost of the interment. The commissioner may waive the fee 
49.9 	in the case of an indigent eligible person.
49.10 	No plot or interment fees may be charged for the burial of eligible veterans, members 
49.11 	of the National Guard, or military reservists, except that funds available from the Social 
49.12 	Security or veterans burial allowances, if any, must be paid to the commissioner in an 
49.13 	amount not to exceed the actual cost of the interment, excluding the value of the plot.
49.14 	Prior to the interment of an eligible person, the commissioner shall request the 
49.15 	cooperation of the eligible person's next of kin in applying to the appropriate federal 
49.16 	agencies for payment to the cemetery of any allowable interment allowance service 
49.17 	members who die on active duty or eligible veterans, as defined in United States Code, 
49.18 	title 38, section 101, paragraph (2).
49.19 		Subd. 10.Allocation of plots. A person, or survivor of a person, eligible for 
49.20 	interment in the State Veterans Cemetery may apply for a burial plot for the eligible 
49.21 	person by submitting a request to the commissioner of veterans affairs on a form supplied 
49.22 	by the department. The department shall allot plots on a first-come, first-served basis. To 
49.23 	the extent that it is practical, plots must be allocated in a manner permitting the burial of 
49.24 	eligible family members above, below, or adjacent to the eligible veteran, member of 
49.25 	the National Guard, or military reservist.
49.26 		Subd. 11.Plot allowance claims. The commissioner of veterans affairs must apply 
49.27 	to the Veterans Benefits Administration for a plot or interment allowance payable to the 
49.28 	state for expenses incurred by the state in the burial of eligible veterans in cemeteries 
49.29 	owned and operated by the state if the burial is performed at no cost to the veteran's 
49.30 	next of kin.

49.31 	Sec. 9. Minnesota Statutes 2006, section 198.32, subdivision 1, is amended to read:
49.32 		Subdivision 1.Resident's rights. A resident of a Minnesota veterans home has the 
49.33 	right to complain and otherwise exercise freedom of expression and assembly which is 
49.34 	guaranteed by amendment I of the United States Constitution. The administrator of the 
49.35 	home shall inform each resident in writing at the time of admission of the right to complain 
50.1 	to the administrator about home accommodations and services. A notice of the right to 
50.2 	complain shall be posted in the home. The administrator shall also inform each resident of 
50.3 	the right to complain to the board or to the commissioner of veterans affairs. Each resident 
50.4 	of a home shall be encouraged and assisted, throughout the period of stay in the home, to 
50.5 	understand and exercise the rights of freedom of expression and assembly as a resident 
50.6 	and as a citizen, and, to this end, the resident may voice grievances and recommend 
50.7 	changes in policies and services to home staff, other residents, and outside representatives 
50.8 	of the resident's choice, free from restraint, interference, coercion, discrimination, or 
50.9 	reprisal, including retaliatory eviction.

50.10 	Sec. 10. RULES TRANSFER.
 50.11 	Minnesota Rules, chapter 9050, is transferred from the Veterans Homes Board of 
50.12 	Directors to the commissioner of veterans affairs. The commissioner shall administer and 
50.13 	enforce those rules and may amend or repeal them.

50.14 	Sec. 11. APPOINTMENTS.
 50.15 	Notwithstanding Minnesota Statutes, section 196.30, subdivision 2, paragraph (d), 
50.16 	the governor may make the initial appointments to the Veterans Health Care Advisory 
50.17 	Council under Executive Order 07-20 without complying with the appointment process in 
50.18 	Minnesota Statutes, section 15.0597.

50.19 	Sec. 12. WORLD WAR II SERVICE MEDALLIONS; APPROPRIATION.
 50.20 		Subdivision 1.Medallions.  By July 1, 2008, the commissioner of veterans 
50.21 	affairs must notify veterans organizations that include veterans of World War II in their 
50.22 	membership of the opportunity under this section for surviving individual veterans of 
50.23 	World War II to obtain commemorative medallions recognizing their service in the 
50.24 	United States armed forces during World War II. The commissioner shall establish the 
50.25 	service criteria necessary to obtain a medallion and the cost of each medallion. Veterans 
50.26 	organizations may collect and contribute money on behalf of their surviving individual 
50.27 	members who meet the service criteria. No later than September 1, 2008, the organizations 
50.28 	may submit the names of qualifying individuals and provide money to pay for the cost 
50.29 	of the medallions to the commissioner. By October 15, 2008, the commissioner shall 
50.30 	distribute the medallions to organizations for distribution to the qualifying individuals.
50.31 		Subd. 2.Appropriation.  Money received by the commissioner under this section is 
50.32 	appropriated to the commissioner for the purposes of this section.

51.1 	Sec. 13. TRANSFER OF FUNDS IN VETERANS CEMETERY TRUST 
51.2 	ACCOUNT.
 51.3 	Notwithstanding Minnesota Statutes, section 16A.62, on June 30, 2008, all money in 
51.4 	the veterans cemetery trust account in the special revenue fund established in Minnesota 
51.5 	Statutes, section 197.236, subdivision 7, must be transferred to the permanent development 
51.6 	and maintenance account in the special revenue fund under Minnesota Statutes, section 
51.7 	197.236, subdivision 6.

51.8 	Sec. 14. PLAQUE AUTHORIZED.
 51.9 		Subdivision 1.Purpose.  The legislature and Minnesota's Mexican-American 
51.10 	veterans wish to honor all Minnesota veterans who have honorably and bravely served 
51.11 	in the United States armed forces, during both peacetime and war, since the founding 
51.12 	of this great nation.
51.13 		Subd. 2.Plaque.  A memorial plaque may be placed in the court of honor on the 
51.14 	Capitol grounds by Minnesota's Mexican-American veterans to recognize the valiant 
51.15 	service of all Minnesota veterans who have honorably and bravely served in the United 
51.16 	States armed forces, during both peacetime and war, since the founding of this great 
51.17 	nation. The plaque must be furnished by the AMVETS Mexican-American Post 5 
51.18 	and must be approved by the commissioner of veterans affairs and the Capitol Area 
51.19 	Architectural and Planning Board.

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

51.21 	Sec. 15. REVISOR'S INSTRUCTION.
 51.22 	(a) The revisor shall change "board," "board of directors," or "Veterans Homes 
51.23 	Board of Directors" to "commissioner" wherever it is used in Minnesota Statutes, sections 
51.24 	198.003; 198.005; 198.006; 198.007; 198.022; 198.03; 198.05; 198.065; 198.066; 198.16; 
51.25 	198.23; 198.261; 198.265; 198.266; 198.31; 198.33; 198.34; 198.35; 198.36; and 198.37; 
51.26 	and shall change "board rules" to "rules adopted under this chapter" wherever it appears in 
51.27 	Minnesota Statutes, sections 198.007 and 198.022.
51.28 	(b) In Minnesota Rules, chapter 9050, the revisor shall: 
51.29 	(1) change the terms "executive director," "executive director of the board," 
51.30 	"executive director of the Veterans Homes Board," "Minnesota Veterans Homes Board," 
51.31 	and "board" to "commissioner of veterans affairs" except where the term "board" is used 
51.32 	with a different meaning in part 9050.0040, subpart 16;
52.1 	(2) change the term "board-operated facility" to "facility operated by the 
52.2 	commissioner of veterans affairs" and change the term "non-board-operated facility" to 
52.3 	"facility not operated by the commissioner of veterans affairs";
52.4 	(3) change the term "board-approved" to "approved by the commissioner of veterans 
52.5 	affairs"; and
52.6 	(4) eliminate the term "board" where it is used in the third paragraph of part 
52.7 	9050.1070, subpart 9.
52.8 	(c) The revisor shall change any of the terms in paragraph (a) or (b) to "commissioner 
52.9 	of veterans affairs" if they are used to refer to the Veterans Homes Board of Directors or 
52.10 	its executive director anywhere else in Minnesota Statutes or Minnesota Rules.

52.11 	Sec. 16.  REPEALER.
 52.12 	Minnesota Statutes 2006, sections 198.001, subdivisions 6 and 9; 198.002, 
52.13 	subdivisions 1, 3, and 6; 198.003, subdivisions 5 and 6; and 198.004, subdivision 2, and 
52.14 	Minnesota Statutes 2007 Supplement, sections 198.002, subdivision 2; and 198.004, 
52.15 	subdivision 1, are repealed.
52.16 	(b) Minnesota Rules, part 9050.0040, subpart 15, is repealed.