1.1 	A bill for an act
1.2 	relating to the operation of state government; regulating, requiring, or changing 
1.3 	certain provisions and programs related to agriculture; creating a livestock 
1.4 	investment grant program; modifying pesticide and fertilizer regulation; changing 
1.5 	certain payment provisions for certain agricultural chemical corrective action 
1.6 	costs; changing certain food sanitary provisions; changing certain fee provisions; 
1.7 	defining certain terms; regulating egg sales and handling; increasing the somatic 
1.8 	cell count limit for goat milk; changing ethanol payment provisions; providing 
1.9 	for control of bovine tuberculosis; adding a member to the NextGen Energy 
1.10 	Board; modifying the expiration date for the NextGen Energy Board; establishing 
1.11 	requirements for practicing animal chiropractic care; recognizing a Program 
1.12 	for the Assessment of Veterinary Education Equivalence certification; limiting 
1.13 	use of certain drugs; changing certain requirements; regulating prescription of 
1.14 	veterinary drugs; changing ethanol blending provisions; modifying definition of 
1.15 	biodiesel; increasing minimum biodiesel content; creating a tiered biodiesel 
1.16 	content goal; requiring counties to consider natural heritage data in adopting 
1.17 	or amending comprehensive plans; requiring local governments to consider 
1.18 	comprehensive plans to limit development on agricultural, forest, wildlife, 
1.19 	and open space land; establishing a task force; modifying 2007 appropriation 
1.20 	language; creating an advisory council, a working group, and a planning group 
1.21 	and requiring certain studies; changing certain provisions and programs related 
1.22 	to veterans and members of the military; providing for certain medallions; 
1.23 	transferring certain duties related to veterans homes; appropriating money;
1.24 	amending Minnesota Statutes 2006, sections 13.785, by adding a subdivision; 
1.25 	18B.065, subdivisions 2, 7; 18B.07, subdivision 2; 18D.305, subdivision 2; 
1.26 	18E.04, subdivision 2; 28A.03, by adding a subdivision; 28A.05; 28A.08; 
1.27 	28A.082, by adding a subdivision; 28A.09, subdivision 1; 29.23; 31.05; 31.171; 
1.28 	41A.09, subdivision 3a; 41D.01, subdivision 4; 97A.028, subdivision 3; 148.01, 
1.29 	subdivision 1, by adding subdivisions; 156.001, by adding a subdivision; 156.02, 
1.30 	subdivisions 1, 2; 156.04; 156.072, subdivision 2; 156.073; 156.12, subdivisions 
1.31 	2, 4, 6; 156.15, subdivision 2; 156.16, subdivisions 3, 10; 156.18, subdivisions 1, 
1.32 	2; 156.19; 168.1255, subdivisions 1, 3, by adding subdivisions; 192.20; 196.021; 
1.33 	196.03; 197.236; 198.32, subdivision 1; 239.051, subdivision 15; 239.77, as 
1.34 	amended; 239.7911, subdivision 2; 296A.01, subdivision 2; 394.232, subdivision 
1.35 	6; 462.355, subdivision 1; 462.357, by adding subdivisions; Minnesota Statutes 
1.36 	2007 Supplement, sections 18B.065, subdivisions 1, 2a; 18B.26, subdivision 
1.37 	3; 31.175; 41A.105; 197.791, subdivisions 1, 4, 5; 239.761, subdivision 4, by 
1.38 	adding subdivisions; 296A.01, subdivisions 8a, 25; 394.23; Laws 2007, chapter 
1.39 	45, article 1, section 3, subdivisions 3, 4, 5; proposing coding for new law 
2.1 	in Minnesota Statutes, chapters 17; 32; 148; 192; 196; 197; 394; repealing 
2.2 	Minnesota Statutes 2006, sections 190.17; 197.236, subdivisions 7, 10; 198.001, 
2.3 	subdivisions 6, 9; 198.002, subdivisions 1, 3, 6; 198.003, subdivisions 5, 6; 
2.4 	198.004, subdivision 2; Minnesota Statutes 2007 Supplement, sections 198.002, 
2.5 	subdivision 2; 198.004, subdivision 1; Minnesota Rules, part 9050.0040, subpart 
2.6 	15.
2.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.8 	ARTICLE 1
2.9 	AGRICULTURE POLICY

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

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

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

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

4.26 	Sec. 4. Minnesota Statutes 2007 Supplement, section 18B.065, subdivision 2a, is 
4.27 	amended to read:
4.28 		Subd. 2a.Disposal site requirement. (a) For agricultural waste pesticides, the 
4.29 	commissioner must designate a place in each county of the state that is available at least 
4.30 	every other year for persons to dispose of unused portions of agricultural pesticides 
4.31 	in accordance with subdivision 1. The commissioner shall consult with the person 
4.32 	responsible for solid waste management and disposal in each county to determine an 
4.33 	appropriate location and to advertise each collection event.
5.1 	(b) For residential waste pesticides, the commissioner must provide periodic 
5.2 	disposal opportunities each year in each county. As provided under subdivision 7, the 
5.3 	commissioner may enter into agreements with county or regional solid waste management 
5.4 	entities to provide these collections and shall provide these entities with funding for 
5.5 	reasonable costs incurred including, but not limited to, related supplies, transportation, 
5.6 	advertising, and disposal costs as well as reasonable overhead costs.
5.7 	(c) A person who collects waste pesticide under paragraph (a) or (b) shall record 
5.8 	information on each waste pesticide product collected including, but not limited to, 
5.9 	the product name, active ingredient or ingredients, quantity, and the United States 
5.10 	Environmental Protection Agency registration number, on a form provided by the 
5.11 	commissioner. The person must submit this information to the commissioner at least 
5.12 	annually.

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

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

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

7.5 	Sec. 7. Minnesota Statutes 2007 Supplement, section 18B.26, subdivision 3, is 
7.6 	amended to read:
7.7 		Subd. 3.Application fee. (a) A registrant shall pay an annual application fee for 
7.8 	each pesticide to be registered, and this fee is set at 0.4 percent of annual gross sales 
7.9 	within the state and annual gross sales of pesticides used in the state, with a minimum 
7.10 	nonrefundable fee of $250. The registrant shall determine when and which pesticides 
7.11 	are sold or used in this state. The registrant shall secure sufficient sales information of 
7.12 	pesticides distributed into this state from distributors and dealers, regardless of distributor 
7.13 	location, to make a determination. Sales of pesticides in this state and sales of pesticides 
7.14 	for use in this state by out-of-state distributors are not exempt and must be included in the 
7.15 	registrant's annual report, as required under paragraph (c), and fees shall be paid by the 
7.16 	registrant based upon those reported sales. Sales of pesticides in the state for use outside 
7.17 	of the state are exempt from the application fee in this paragraph if the registrant properly 
7.18 	documents the sale location and distributors. A registrant paying more than the minimum 
7.19 	fee shall pay the balance due by March 1 based on the gross sales of the pesticide by the 
7.20 	registrant for the preceding calendar year. The fee for disinfectants and sanitizers shall be 
7.21 	the minimum. The minimum fee is due by December 31 preceding the year for which 
7.22 	the application for registration is made. The commissioner shall spend at least $400,000, 
7.23 	not including the commissioner's administrative costs, per fiscal year from the pesticide 
7.24 	regulatory account for the purposes of the waste pesticide collection program. In each 
7.25 	fiscal year, the commissioner shall allocate from the pesticide regulatory account a sum 
7.26 	sufficient to collect and dispose of waste pesticides under section 18B.065. However, 
7.27 	notwithstanding section 18B.065, if the commissioner determines that the balance in the 
7.28 	pesticide regulatory account at the end of the fiscal year will be less than $500,000, the 
7.29 	commissioner may suspend waste pesticide collections or provide partial payment to a 
7.30 	person for waste pesticide collection. The commissioner must notify as soon as possible 
7.31 	and no later than August 1 a person under contract to collect waste pesticides of an 
7.32 	anticipated suspension or payment reduction.
7.33 	(b) An additional fee of $100 must be paid by the applicant for each pesticide to be 
7.34 	registered if the application is a renewal application that is submitted after December 31.
8.1 	(c) A registrant must annually report to the commissioner the amount and type of 
8.2 	each registered pesticide sold, offered for sale, or otherwise distributed in the state. The 
8.3 	report shall be filed by March 1 for the previous year's registration. The commissioner 
8.4 	shall specify the form of the report and require additional information deemed necessary 
8.5 	to determine the amount and type of pesticides annually distributed in the state. The 
8.6 	information required shall include the brand name, amount, and formulation of each 
8.7 	pesticide sold, offered for sale, or otherwise distributed in the state, but the information 
8.8 	collected, if made public, shall be reported in a manner which does not identify a specific 
8.9 	brand name in the report.
8.10 	(d) A registrant who is required to pay more than the minimum fee for any pesticide 
8.11 	under paragraph (a) must pay a late fee penalty of $100 for each pesticide application fee 
8.12 	paid after March 1 in the year for which the license is to be issued.

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

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

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

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

9.25 	Sec. 11. Minnesota Statutes 2006, section 28A.05, is amended to read:
9.26 	28A.05 CLASSIFICATION.
9.27 	All persons required to have a license under section 28A.04 shall be classified 
9.28 	into one of the following classes of food handlers, according to their principal mode of 
9.29 	business. 
9.30 	(a) Retail food handlers are persons who sell or process and sell food directly to the 
9.31 	ultimate consumer or who custom process meat or poultry. The term includes a person 
9.32 	who sells food directly to the ultimate consumer through the use of coin actuated vending 
9.33 	machines, and a person who sells food for consumption on-site or off-site if the sale is 
9.34 	conducted on the premises that are part of a grocery or convenience store operation.
10.1 	(b) Wholesale food handlers are persons who sell to others for resale. A person who 
10.2 	handles food in job lots (jobbers) is included in this classification.
10.3 	(c) Wholesale food processors or manufacturers are persons who process or 
10.4 	manufacture raw materials and other food ingredients into food items, or who reprocess 
10.5 	food items, or who package food for sale to others for resale, or who commercially 
10.6 	slaughter animals or poultry. Included herein are persons who can, extract, ferment, 
10.7 	distill, pickle, bake, freeze, dry, smoke, grind, mix, stuff, pack, bottle, recondition, or 
10.8 	otherwise treat or preserve food for sale to others for resale, cold storage warehouse 
10.9 	operators as defined in section 28.01, subdivision 3, salvage food processors as defined in 
10.10 	section 31.495, subdivision 1, dairy plants as defined in section 32.01, subdivision 6, and 
10.11 	nonresident manufacturers of frozen foods as described in section 32.59. 
10.12 	(d) A food broker is a person who buys and sells food and who negotiates between 
10.13 	a buyer and a seller of food, but who at no time has custody of the food being bought 
10.14 	and sold.

10.15 	Sec. 12. Minnesota Statutes 2006, section 28A.08, is amended to read:
10.16 	28A.08 LICENSE FEES; PENALTIES.
10.17 		Subdivision 1.General. License fees, penalties for late renewal of licenses, and 
10.18 	penalties for not obtaining a license before conducting business in food handling that are 
10.19 	set in this section apply to the sections named except as provided under section 28A.09. 
10.20 	Except as specified herein, bonds and assessments based on number of units operated or 
10.21 	volume handled or processed which are provided for in said laws shall not be affected, 
10.22 	nor shall any penalties for late payment of said assessments, nor shall inspection fees, be 
10.23 	affected by this chapter. The penalties may be waived by the commissioner. Fees for all 
10.24 	new licenses must be based on the anticipated future gross annual food sales. If a firm is 
10.25 	found to be operating for multiple years without paying license fees, the state may collect 
10.26 	the appropriate fees and penalties for each year of operation.
10.27 		Subd. 3.Fees effective July 1, 2003.
 
10.28					Penalties
	
10.29
10.30
10.31	Type of food handler
	License Fee 
Effective 
July 1, 2003
	Late 
Renewal
	No License
	
10.32	1.
	Retail food handler
					
10.33
10.34
10.35
10.36
10.37		(a) Having gross sales of only 
prepackaged nonperishable food of 
less than $15,000 for the immediately 
previous license or fiscal year and filing a 
statement with the commissioner
		$ 50
	$ 17
	$ 33
	
11.1
11.2
11.3
11.4
11.5		(b) Having under $15,000 gross sales
or service including food preparation or 
having $15,000 to $50,000 gross sales 
or service for the immediately previous 
license or fiscal year
		$ 77
	$ 25
	$ 51
	
11.6
11.7
11.8		(c) Having $50,001 to $250,000 gross 
sales or service for the immediately 
previous license or fiscal year
		$155
	$ 51
	$102
	
11.911.10
11.11
		(d) Having $250,001 to $1,000,000 gross 
sales or service for the immediately 
previous license or fiscal year
		$276
	$ 91
	$ 182
	
11.12
11.13
11.14		(e) Having $1,000,001 to $5,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$799
	$264
	$527
	
11.15
11.16
11.17		(f) Having $5,000,001 to $10,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$1,162
	$383
	$767
	
11.18
11.19
11.20		(g) Having $10,000,001 to $15,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$1,376
	$454
	$908
	
11.21
11.22
11.23		(h) Having $15,000,001 to $20,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$1,607
	$530
	$1,061
	
11.24
11.25
11.26		(i) Having $20,000,001 to $25,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$1,847
	$610
	$1,219
	
11.27
11.28
11.29		(j) Having over $25,000,001 gross sales 
or service for the immediately previous 
license or fiscal year
		$2,001
	$660
	$1,321
	
11.30	2.
	Wholesale food handler
					
11.31
11.32
11.33		(a) Having gross sales or service of 
less than $25,000 for the immediately 
previous license or fiscal year
		$ 57
	$ 19
	$ 38
	
11.34
11.35
11.36		(b) Having $25,001 to $250,000 gross 
sales or service for the immediately 
previous license or fiscal year
		$284
	$ 94
	$187
	
11.37
11.38
11.39
11.40
11.41		(c) Having $250,001 to $1,000,000 
gross sales or service from a mobile unit 
without a separate food facility for the 
immediately previous license or fiscal 
year
		$444
	$147
	$293
	
11.42
11.43
11.44
11.45		(d) Having $250,001 to $1,000,000 
gross sales or service not covered 
under paragraph (c) for the immediately 
previous license or fiscal year
		$590
	$195
	$389
	
11.46
11.47
11.48		(e) Having $1,000,001 to $5,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$769
	$254
	$508
	
11.49
11.50
11.51		(f) Having $5,000,001 to $10,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$920
	$304
	$607
	
12.1
12.2
12.3		(g) Having $10,000,001 to $15,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$990
	$327
	$653
	
12.4
12.5
12.6		(h) Having $15,000,001 to $20,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$1,156
	$381
	$763
	
12.7
12.8
12.9		(i) Having $20,000,001 to $25,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$1,329
	$439
	$877
	
12.10
12.11
12.12		(j) Having over $25,000,001 or more 
gross sales or service for the immediately 
previous license or fiscal year
		$1,502
	$496
	$991
	
12.13	3.
	Food broker
		$150
	$ 50
	$ 99
	
12.14	4.
	Wholesale food processor or manufacturer
					
12.15
12.16
12.17		(a) Having gross sales or service of 
less than $125,000 for the immediately 
previous license or fiscal year
		$169
	$ 56
	$112
	
12.18
12.19
12.20		(b) Having $125,001 to $250,000 gross 
sales or service for the immediately 
previous license or fiscal year
		$392
	$129
	$259
	
12.21
12.22
12.23		(c) Having $250,001 to $1,000,000 gross 
sales or service for the immediately 
previous license or fiscal year
		$590
	$195
	$389
	
12.24
12.25
12.26		(d) Having $1,000,001 to $5,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$769
	$254
	$508
	
12.27
12.28
12.29		(e) Having $5,000,001 to $10,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$920
	$304
	$607
	
12.30
12.31
12.32		(f) Having $10,000,001 to $15,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$1,377
	$454
	$909
	
12.33
12.34
12.35		(g) Having $15,000,001 to $20,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$1,608
	$531
	$1,061
	
12.36
12.37
12.38		(h) Having $20,000,001 to $25,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$1,849
	$610
	$1,220
	
12.39
12.40
12.41		(i) Having $25,000,001 to $50,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$2,090
	$690
	$1,379
	
12.42
12.43
12.44		(j) Having $50,000,001 to $100,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$2,330
	$769
	$1,538
	
12.45
12.46
12.47		(k) Having $100,000,000 or more gross 
sales or service for the immediately 
previous license or fiscal year
		$2,571
	$848
	$1,697
	
12.48
12.49
12.50	5.
	Wholesale food processor of meat or 
poultry products under supervision of the 
U.S. Department of Agriculture
					
13.1
13.2
13.3		(a) Having gross sales or service of 
less than $125,000 for the immediately 
previous license or fiscal year
		$112
	$ 37
	$ 74
	
13.4
13.5
13.6		(b) Having $125,001 to $250,000 gross 
sales or service for the immediately 
previous license or fiscal year
		$214
	$ 71
	$141
	
13.7
13.8
13.9		(c) Having $250,001 to $1,000,000 gross 
sales or service for the immediately 
previous license or fiscal year
		$333
	$110
	$220
	
13.10
13.11
13.12		(d) Having $1,000,001 to $5,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$425
	$140
	$281
	
13.13
13.14
13.15		(e) Having $5,000,001 to $10,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$521
	$172
	$344
	
13.16
13.17
13.18		(f) Having over $10,000,001 gross sales 
or service for the immediately previous 
license or fiscal year
		$765
	$252
	$505
	
13.19
13.20
13.21		(g) Having $15,000,001 to $20,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$893
	$295
	$589
	
13.22
13.23
13.24		(h) Having $20,000,001 to $25,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$1,027
	$339
	$678
	
13.25
13.26
13.27		(i) Having $25,000,001 to $50,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$1,161
	$383
	$766
	
13.28
13.29
13.30		(j) Having $50,000,001 to $100,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$1,295
	$427
	$855
	
13.31
13.32
13.33		(k) Having $100,000,001 or more gross 
sales or service for the immediately 
previous license or fiscal year
		$1,428
	$471
	$942
	
13.34
13.35	6.
	Wholesale food processor or manufacturer 
operating only at the State Fair
		$125
	$ 40
	$ 50
	
13.36
13.37
13.38	7.
	Wholesale food manufacturer having the 
permission of the commissioner to use the 
name Minnesota Farmstead cheese
		$ 30
	$ 10
	$ 15
	
13.39	8.
	Nonresident frozen dairy manufacturer
		$200
	$ 50
	$ 75
	
13.40
13.41
13.42	9.
	Wholesale food manufacturer processing 
less than 700,000 pounds per year of raw 
milk
		$ 30
	$ 10
	$ 15
	
13.43
13.44
13.45
13.46
13.47	10.
	A milk marketing organization without 
facilities for processing or manufacturing 
that purchases milk from milk producers 
for delivery to a licensed wholesale food 
processor or manufacturer
		$ 50
	$ 15
	$ 25

13.48 	Sec. 13. Minnesota Statutes 2006, section 28A.082, is amended by adding a 
13.49 	subdivision to read:
14.1 		Subd. 3.Disaster areas. If the governor declares a disaster in an area of the 
14.2 	state, the commissioner of agriculture may waive the plan review fee and direct agency 
14.3 	personnel to expedite the plan review process.

14.4 	Sec. 14. Minnesota Statutes 2006, section 28A.09, subdivision 1, is amended to read:
14.5 		Subdivision 1.Annual fee; exceptions. Every coin-operated food vending machine 
14.6 	is subject to an annual state inspection fee of $25 for each nonexempt machine except 
14.7 	nut vending machines which are subject to an annual state inspection fee of $10 for each 
14.8 	machine, provided that:
14.9 	(a) Food vending machines may be inspected by either a home rule charter or 
14.10 	statutory city, or a county, but not both, and if inspected by a home rule charter or statutory 
14.11 	city, or a county they shall not be subject to the state inspection fee, but the home rule 
14.12 	charter or statutory city, or the county may impose an inspection or license fee of no more 
14.13 	than the state inspection fee. A home rule charter or statutory city or county that does 
14.14 	not inspect food vending machines shall not impose a food vending machine inspection 
14.15 	or license fee.
14.16 	(b) Vending machines dispensing only gum balls, hard candy, unsorted candy, or ice 
14.17 	manufactured and packaged by another shall be, and water dispensing machines serviced 
14.18 	by a cashier, are  exempt from the state inspection fee, but may be inspected by the state. A 
14.19 	home rule charter or statutory city may impose by ordinance an inspection or license fee 
14.20 	of no more than the state inspection fee for nonexempt machines on the vending machines 
14.21 	and water dispensing machines described in this paragraph. A county may impose 
14.22 	by ordinance an inspection or license fee of no more than the state inspection fee for 
14.23 	nonexempt machines on the vending machines and water dispensing machines described 
14.24 	in this paragraph which are not located in a home rule charter or statutory city.
14.25 	(c) Vending machines dispensing only bottled or canned soft drinks are exempt from 
14.26 	the state, home rule charter or statutory city, and county inspection fees, but may be 
14.27 	inspected by the commissioner or the commissioner's designee.

14.28 	Sec. 15. Minnesota Statutes 2006, section 29.23, is amended to read:
14.29 	29.23 GRADING.
14.30 		Subdivision 1.Grades, weight classes and standards for quality. All eggs 
14.31 	purchased on the basis of grade by the first licensed buyer shall be graded in accordance 
14.32 	with grade and weight classes established by the commissioner. The commissioner shall 
14.33 	establish, by rule, and from time to time, may amend or revise, grades, weight classes, 
14.34 	and standards for quality. When grades, weight classes, and standards for quality have 
15.1 	been fixed by the secretary of the Department of Agriculture of the United States, they 
15.2 	maymust be accepted and published by the commissioner as definitions or standards for 
15.3 	eggs in interstate and intrastate commerce.
15.4 		Subd. 2.Equipment. The commissioner shall also by rule provide for minimum 
15.5 	plant and equipment requirements for candling, grading, handling and storing eggs, and 
15.6 	shall define candling. Equipment in use by a wholesale food handler before July 1, 1991, 
15.7 	that does not meet the design and fabrication requirements of this chapter may remain in 
15.8 	use if it is in good repair, capable of being maintained in a sanitary condition, and capable 
15.9 	of maintaining a temperature of 45 degrees Fahrenheit (7 degrees Celsius) or less.
15.10 		Subd. 3.Egg temperature. Eggs must be held at a temperature not to exceed 45 
15.11 	degrees Fahrenheit (7 degrees Celsius) after being received by the egg handler except for 
15.12 	cleaning, sanitizing, grading, and further processing when they must immediately be 
15.13 	placed under refrigeration that is maintained at 45 degrees Fahrenheit (7 degrees Celsius) 
15.14 	or below. Eggs offered for retail sale by a retail food handler must be held at a temperature 
15.15 	not to exceed 4541 degrees Fahrenheit (7 degrees Celsius). Equipment in use prior to 
15.16 	August 1, 1991, is not subject to this requirement. Shell eggs that have been frozen must 
15.17 	not be offered for sale except as approved by the commissioner.
15.18 		Subd. 4.Vehicle temperature. A vehicle used for the transportation ofto transport 
15.19 	shell eggs from a warehouse, retail store, candling and grading facility, or egg holding 
15.20 	facility must have an ambient air temperature of 45 degrees Fahrenheit (7 degrees Celsius) 
15.21 	or below.

15.22 	Sec. 16. Minnesota Statutes 2006, section 31.05, is amended to read:
15.23 	31.05 EMBARGOES AND CONDEMNATIONS.
15.24 		Subdivision 1.Definitions. As used in this section, "animals" means cattle; swine; 
15.25 	sheep; goats; poultry; farmed cervidae, as defined in section 35.153, subdivision 3; 
15.26 	llamas, as defined in section 17.455, subdivision 2; ratitae, as defined in section 17.453, 
15.27 	subdivision 3; equines; and other large domesticated animals.
15.28 		Subd. 1a.Tag or notice. A duly authorized agent of the commissioner who finds or 
15.29 	has probable cause to believe that any food, animal, or consumer commodity is adulterated 
15.30 	or so misbranded as to be dangerous or fraudulent, or is in violation of section 31.131
15.31 	shall affix to such article or animal a tag or other appropriate marking giving notice that 
15.32 	such article or animal is, or is suspected of being, adulterated or misbranded and has 
15.33 	been detained or embargoed, and warning all persons not to remove or dispose of such 
15.34 	article or animal by sale or otherwise until permission for removal or disposal is given by 
16.1 	such agent or the court. It shall be unlawful for any person to remove or dispose of such 
16.2 	detained or embargoed article or animal by sale or otherwise without such permission. 
16.3 		Subd. 2.Action for condemnation. When an article or animal detained or 
16.4 	embargoed under subdivision 1 has been found by such agent to be adulterated, or 
16.5 	misbranded, the agent shall petition the district court in the county in which the article or 
16.6 	animal is detained or embargoed for an order and decree for the condemnation of such 
16.7 	article or animal. Any such agent who has found that an article or animal so detained or 
16.8 	embargoed is not adulterated or misbranded, shall remove the tag or other marking.
16.9 		Subd. 3.Remedies. If the court finds that a detained or embargoed article or animal
16.10 	is adulterated or misbranded, such article or animal shall, after entry of the decree, be 
16.11 	destroyed at the expense of the claimant thereof, under the supervision of such agent, and 
16.12 	all court costs and fees, and storage and other proper expenses, shall be taxed against 
16.13 	the claimant of such article or animal or the claimant's agent; provided, that when the 
16.14 	adulteration or misbranding can be corrected by proper labeling or processing of the article
16.15 	or animal, the court, after entry of the decree and after such costs, fees, and expenses have 
16.16 	been paid and a good and sufficient bond, conditioned that such article or animal shall be 
16.17 	so labeled or processed, has been executed, may by order direct that such article or animal
16.18 	be delivered to claimant thereof for such labeling or processing under the supervision of 
16.19 	an agent of the commissioner. The expense of such supervision shall be paid by claimant. 
16.20 	The article or animal shall be returned to the claimant and the bond shall be discharged on 
16.21 	the representation to the court by the commissioner that the article or animal is no longer 
16.22 	in violation and that the expenses of such supervision have been paid.
16.23 		Subd. 4.Duties of commissioner. Whenever the commissioner or any of the 
16.24 	commissioner's authorized agents shall find in any room, building, vehicle of transportation 
16.25 	or other structure, any meat, seafood, poultry, vegetable, fruit, or other perishable articles 
16.26 	of food which are unsound, or contain any filthy, decomposed, or putrid substance, or that 
16.27 	may be poisonous or deleterious to health or otherwise unsafe, the same being hereby 
16.28 	declared to be a nuisance, the commissioner, or the commissioner's authorized agent, shall 
16.29 	forthwith condemn or destroy the same, or in any other manner render the same unsalable 
16.30 	as human food, and no one shall have any cause of action against the commissioner or the 
16.31 	commissioner's authorized agent on account of such action.
16.32 		Subd. 5.Emergency response. In the event of an emergency declared by the 
16.33 	governor's order under section 12.31, if the commissioner finds or has probable cause to 
16.34 	believe that a livestock, food, or a consumer commodity within a specific area is likely 
16.35 	to be adulterated because of the emergency or so misbranded as to be dangerous or 
16.36 	fraudulent, or is in violation of section 31.131, subdivision 1, the commissioner may 
17.1 	embargo a geographic area that is included in the declared emergency. The commissioner 
17.2 	shall provide notice to the public and to those with custody of the product in as thorough a 
17.3 	manner as is practical under the emergency circumstances. 

17.4 	Sec. 17. Minnesota Statutes 2006, section 31.171, is amended to read:
17.5 	31.171 EMPLOYMENT OF DISEASED PERSON.
17.6 	It shall be unlawful for any person to work in or about any place where any fruit 
17.7 	or any food products are manufactured, packed, stored, deposited, collected, prepared, 
17.8 	produced or sold, whose condition is such that disease may be spread to associates direct, 
17.9 	or through the medium of milk, cream, butter, other food or food products, likely to be 
17.10 	eaten without being cooked after handling, whether such condition be due to a contagious,
17.11 	or infectious, or venereal disease, in its active or convalescent stage, or to the presence of 
17.12 	disease germs, whether accompanied by, or without, any symptoms of the disease itself.
17.13 	It shall be the duty of the commissioner, or the commissioner's assistant, inspector, or 
17.14 	agent, to report to the state commissioner of health for investigation, any person suspected 
17.15 	to be dangerous to the public health, as provided for in this section, and immediately to 
17.16 	exclude such person from such employment pending investigation and during the period 
17.17 	of infectiousness, if such person is certified by the state commissioner of health, or an 
17.18 	authorized agent, to be dangerous to the public health.

17.19 	Sec. 18. Minnesota Statutes 2007 Supplement, section 31.175, is amended to read:
17.20 	31.175 WATER, PLUMBING, AND SEWAGE.
17.21 	A person who is required by statutes administered by the Department of Agriculture, 
17.22 	or by rules adopted pursuant to those statutes, to provide a suitable water supply, 
17.23 	or plumbing or sewage disposal system, may shall not engage in the business of 
17.24 	manufacturing, processing, selling, handling, or storing food at wholesale or retail 
17.25 	unless the person's water supply is satisfactory under plumbing codes pursuant to rules 
17.26 	adopted by the Department of Health, the person's plumbing is satisfactory pursuant to 
17.27 	rules adopted by the Department of Labor and Industry, and the person's sewage disposal 
17.28 	system satisfies the rules of the Pollution Control Agency.

17.29 	Sec. 19. [32.416] SOMATIC CELL COUNT, GOAT MILK.
17.30 	Notwithstanding any federal standard incorporated by reference in this chapter, the 
17.31 	maximum allowable somatic cell count for raw goat milk is 1,500,000 cells per milliliter.

17.32 	Sec. 20. Minnesota Statutes 2006, section 41A.09, subdivision 3a, is amended to read:
18.1 		Subd. 3a.Ethanol producer payments. (a) The commissioner shall make cash 
18.2 	payments to producers of ethanol located in the state that have begun production at a 
18.3 	specific location by June 30, 2000. For the purpose of this subdivision, an entity that holds 
18.4 	a controlling interest in more than one ethanol plant is considered a single producer. 
18.5 	The amount of the payment for each producer's annual production, except as provided 
18.6 	in paragraph (c), is 20 cents per gallon for each gallon of ethanol produced at a specific 
18.7 	location on or before June 30, 2000, or ten years after the start of production, whichever is 
18.8 	later. Annually, within 90 days of the end of its fiscal year, an ethanol producer receiving 
18.9 	payments under this subdivision must file a disclosure statement on a form provided by 
18.10 	the commissioner. The initial disclosure statement must include a summary description 
18.11 	of the organization of the business structure of the claimant, a listing of the percentages 
18.12 	of ownership by any person or other entity with an ownership interest of five percent or 
18.13 	greater, and a copy of its annual audited financial statements, including the auditor's report 
18.14 	and footnotes. The disclosure statement must include information demonstrating what 
18.15 	percentage of the entity receiving payments under this section is owned by farmers or 
18.16 	other entities eligible to farm or own agricultural land in Minnesota under the provisions 
18.17 	of section 500.24. Subsequent annual reports must reflect noncumulative changes in 
18.18 	ownership of ten percent or more of the entity. The report need not disclose the identity of 
18.19 	the persons or entities eligible to farm or own agricultural land with ownership interests, 
18.20 	individuals residing within 30 miles of the plant, or of any other entity with less than 
18.21 	ten percent ownership interest, but the claimant must retain information within its files 
18.22 	confirming the accuracy of the data provided. This data must be made available to the 
18.23 	commissioner upon request. Not later than the 15th day of February in each year the 
18.24 	commissioner shall deliver to the chairs of the standing committees of the senate and the 
18.25 	house of representatives that deal with agricultural policy and agricultural finance issues 
18.26 	an annual report summarizing aggregated data from plants receiving payments under this 
18.27 	section during the preceding calendar year. Audited financial statements and notes and 
18.28 	disclosure statements submitted to the commissioner are nonpublic data under section 
18.29 	13.02, subdivision 9. Notwithstanding the provisions of chapter 13 relating to nonpublic 
18.30 	data, summaries of the submitted audited financial reports and notes and disclosure 
18.31 	statements will be contained in the report to the committee chairs and will be public data.
18.32 	(b) No payments shall be made for ethanol production that occurs after June 30, 
18.33 	2010. A producer of ethanol shall not transfer the producer's eligibility for payments 
18.34 	under this section to an ethanol plant at a different location.
18.35 	(c) If the level of production at an ethanol plant increases due to an increase in the 
18.36 	production capacity of the plant, the payment under paragraph (a) applies to the additional 
19.1 	increment of production until ten years after the increased production began. Once a 
19.2 	plant's production capacity reaches 15,000,000 gallons per year, no additional increment 
19.3 	will qualify for the payment.
19.4 	(d) Total payments under paragraphs (a) and (c) to a producer in a fiscal year may 
19.5 	not exceed $3,000,000.
19.6 	(e) By the last day of October, January, April, and July, each producer shall file a 
19.7 	claim for payment for ethanol production during the preceding three calendar months. 
19.8 	A producer that files a claim under this subdivision shall include a statement of the 
19.9 	producer's total ethanol production in Minnesota during the quarter covered by the claim. 
19.10 	For each claim and statement of total ethanol production filed under this subdivision, 
19.11 	the volume of ethanol production must be examined by an independent certified public 
19.12 	accountant in accordance with standards established by the American Institute of Certified 
19.13 	Public Accountants.
19.14 	(f) Payments shall be made November 15, February 15, May 15, and August 15. A 
19.15 	separate payment shall be made for each claim filed. Except as provided in paragraph (g), 
19.16 	the total quarterly payment to a producer under this paragraph may not exceed $750,000.
19.17 	(g) Notwithstanding the quarterly payment limits of paragraph (f), the commissioner 
19.18 	shall make an additional payment in the fourth quarter of each fiscal year to ethanol 
19.19 	producers for the lesser of: (1) 20 cents per gallon of production in the fourth quarter of the 
19.20 	year that is greater than 3,750,000 gallons; or (2) the total amount of payments lost during 
19.21 	the first three quarters of the fiscal year due to plant outages, repair, or major maintenance. 
19.22 	Total payments to an ethanol producer in a fiscal year, including any payment under this 
19.23 	paragraph, must not exceed the total amount the producer is eligible to receive based on 
19.24 	the producer's approved production capacity. The provisions of this paragraph apply only 
19.25 	to production losses that occur in quarters beginning after December 31, 1999.
19.26 	(h) The commissioner shall reimburse ethanol producers for any deficiency in 
19.27 	payments during earlier quarters if the deficiency occurred because of unallotment or 
19.28 	because appropriated money was insufficient to make timely payments in the full amount 
19.29 	provided in paragraph (a). Notwithstanding the quarterly or annual payment limitations in 
19.30 	this subdivision, the commissioner shall begin making payments for earlier deficiencies in 
19.31 	each fiscal year that appropriations for ethanol payments exceed the amount required to 
19.32 	make eligible scheduled payments. Payments for earlier deficiencies must continue until 
19.33 	the deficiencies for each producer are paid in full, except the commissioner shall not make 
19.34 	a deficiency payment to an entity that no longer produces ethanol on a commercial scale 
19.35 	at the location for which the entity qualified for producer payments, or to an assignee of 
19.36 	the entity.
20.1 	(i) The commissioner may make direct payments to producers of rural economic 
20.2 	infrastructure with any amount of the annual appropriation for ethanol producer payments 
20.3 	and rural economic infrastructure that is in excess of the amount required to make 
20.4 	scheduled ethanol producer payments and deficiency payments under paragraphs (a) to (h).

20.5 	Sec. 21. Minnesota Statutes 2007 Supplement, section 41A.105, is amended to read:
20.6 	41A.105 NEXTGEN ENERGY.
20.7 		Subdivision 1.Purpose. It is the goal of the state through the Department of 
20.8 	Agriculture to research and develop energy sources to displace fossil fuels with renewable 
20.9 	technology.
20.10 		Subd. 2.NextGen Energy Board. There is created a NextGen Energy Board 
20.11 	consisting of the commissioners of agriculture, commerce, natural resources, the Pollution 
20.12 	Control Agency, and employment and economic development; the chairs of the house and 
20.13 	senate committees with jurisdiction over energy finance; the chairs of the house and senate 
20.14 	committees with jurisdiction over agriculture finance; one member of the second largest 
20.15 	political party in the house, as appointed by the chairs of the house committees with 
20.16 	jurisdiction over agriculture finance and energy finance; one member of the second largest 
20.17 	political party in the senate, as appointed by the chairs of the senate committees with 
20.18 	jurisdiction over agriculture finance and energy finance; and the executive director of the 
20.19 	Agricultural Utilization Research Institute. In addition, the governor shall appoint seven
20.20 	eight members: two representing statewide agriculture organizations; two representing 
20.21 	statewide environment and natural resource conservation organizations; one representing 
20.22 	the University of Minnesota; one representing the Minnesota Institute for Sustainable 
20.23 	Agriculture; and one representing the Minnesota State Colleges and Universities system; 
20.24 	and one representing the forest products industry. 
20.25 		Subd. 3.Duties. The board shall research and report to the commissioner of 
20.26 	agriculture and to the legislature recommendations as to how the state can invest its 
20.27 	resources to most efficiently achieve energy independence, agricultural and natural 
20.28 	resources sustainability, and rural economic vitality. The board shall:
20.29 	(1) examine the future of fuels, such as synthetic gases, biobutanol, hydrogen, 
20.30 	methanol, biodiesel, and ethanol within Minnesota;
20.31 	(2) develop equity grant programs to assist locally owned facilities;
20.32 	(3) study the proper role of the state in creating financing and investing and 
20.33 	providing incentives;
20.34 	(4) evaluate how state and federal programs, including the Farm Bill, can best work 
20.35 	together and leverage resources;
21.1 	(5) work with other entities and committees to develop a clean energy program; and
21.2 	(6) report to the legislature before February 1 each year with recommendations as 
21.3 	to appropriations and results of past actions and projects.
21.4 		Subd. 4.Commissioner's duties. The commissioner of agriculture shall administer 
21.5 	this section.
21.6 		Subd. 5.Expiration. This section expires June 30, 2009. 2014.

21.7 	Sec. 22. Minnesota Statutes 2006, section 41D.01, subdivision 4, is amended to read:
21.8 		Subd. 4.Expiration. This section expires on June 30, 2008 2013.

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

21.10 	Sec. 23. Minnesota Statutes 2006, section 97A.028, subdivision 3, is amended to read:
21.11 		Subd. 3.Emergency deterrent materials assistance. (a) For the purposes of this 
21.12 	subdivision, "cooperative damage management agreement" means an agreement between 
21.13 	a landowner or tenant and the commissioner that establishes a program for addressing the 
21.14 	problem of destruction of the landowner's or tenant's specialty crops or stored forage crops 
21.15 	by wild animals, or destruction of agricultural crops by flightless Canada geese.
21.16 	(b) A landowner or tenant may apply to the commissioner for emergency deterrent 
21.17 	materials assistance in controlling destruction of the landowner's or tenant's specialty 
21.18 	crops or stored forage crops by wild animals, or destruction of agricultural crops by 
21.19 	flightless Canada geese. Subject to the availability of money appropriated for this purpose, 
21.20 	the commissioner shall provide suitable deterrent materials when the commissioner 
21.21 	determines that:
21.22 	(1) immediate action is necessary to prevent significant damage from continuing 
21.23 	or to prevent the spread of bovine tuberculosis; and
21.24 	(2) a cooperative damage management agreement cannot be implemented 
21.25 	immediately.
21.26 	(c) A person may receive emergency deterrent materials assistance under this 
21.27 	subdivision more than once, but the cumulative total value of deterrent materials provided 
21.28 	to a person, or for use on a parcel, may not exceed $3,000 for specialty crops, $5,000 for 
21.29 	measures to prevent the spread of bovine tuberculosis within a five-mile radius of a cattle 
21.30 	herd that is infected with bovine tuberculosis as determined by the Board of Animal 
21.31 	Health, $750 for protecting stored forage crops, or $500 for agricultural crops damaged by 
21.32 	flightless Canada geese. If a person is a co-owner or cotenant with respect to the specialty 
21.33 	crops for which the deterrent materials are provided, the deterrent materials are deemed to 
21.34 	be "provided" to the person for the purposes of this paragraph.
22.1 	(d) As a condition of receiving emergency deterrent materials assistance under this 
22.2 	subdivision, a landowner or tenant shall enter into a cooperative damage management 
22.3 	agreement with the commissioner. Deterrent materials provided by the commissioner may 
22.4 	include repellents, fencing materials, or other materials recommended in the agreement 
22.5 	to alleviate the damage problem. If requested by a landowner or tenant, any fencing 
22.6 	materials provided must be capable of providing long-term protection of specialty crops. 
22.7 	A landowner or tenant who receives emergency deterrent materials assistance under 
22.8 	this subdivision shall comply with the terms of the cooperative damage management 
22.9 	agreement.

22.10 	Sec. 24. Minnesota Statutes 2006, section 148.01, subdivision 1, is amended to read:
22.11 		Subdivision 1.Definitions. For the purposes of sections 148.01 to 148.10,:
22.12 	(1)  "chiropractic" is defined as the science of adjusting any abnormal articulations of 
22.13 	the human body, especially those of the spinal column, for the purpose of giving freedom 
22.14 	of action to impinged nerves that may cause pain or deranged function; and
22.15 	(2) "animal chiropractic diagnosis and treatment" means treatment that includes 
22.16 	identifying and resolving vertebral subluxation complexes, spinal manipulation, and 
22.17 	manipulation of the extremity articulations of nonhuman vertebrates. Animal chiropractic 
22.18 	diagnosis and treatment does not include:
22.19 	(i) performing surgery;
22.20 	(ii) dispensing or administering of medications; or
22.21 	(iii) performing traditional veterinary care and diagnosis. 

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

22.23 	Sec. 25. Minnesota Statutes 2006, section 148.01, is amended by adding a subdivision 
22.24 	to read:
22.25 		Subd. 1a.Animal chiropractic practice. A licensed chiropractor may engage in 
22.26 	the practice of animal chiropractic diagnosis and treatment if registered to do so by the 
22.27 	board, and the animal has been referred to the chiropractor by a veterinarian.

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

22.29 	Sec. 26. Minnesota Statutes 2006, section 148.01, is amended by adding a subdivision 
22.30 	to read:
22.31 		Subd. 1b.Scope of practice; animal chiropractic. Criteria for registration 
22.32 	to engage in the practice of animal chiropractic diagnosis and treatment must be set 
23.1 	by the board, and must include, but are not limited to: active chiropractic license; 
23.2 	education and training in the field of animal chiropractic from an American Veterinary 
23.3 	Chiropractic Association, International Veterinary Chiropractic Association, or higher 
23.4 	institution-approved course consisting of no less than 210 hours, meeting continuing 
23.5 	education requirements; and other conditions and rules set by the board. The board 
23.6 	shall consult with the State Board of Veterinary Medicine in preparing proposed rules 
23.7 	on animal chiropractic.

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

23.9 	Sec. 27. Minnesota Statutes 2006, section 148.01, is amended by adding a subdivision 
23.10 	to read:
23.11 		Subd. 1c.Titles. Notwithstanding the limitations established in section 156.12, 
23.12 	subdivision 4, a doctor of chiropractic properly registered to provide chiropractic care to 
23.13 	animals in accordance with this chapter and rules of the board may use the title "animal 
23.14 	chiropractor."

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

23.16 	Sec. 28. Minnesota Statutes 2006, section 148.01, is amended by adding a subdivision 
23.17 	to read:
23.18 		Subd. 1d.Provisional interim statute. Upon approval by the board, a licensed 
23.19 	chiropractor who has already taken and passed the education and training requirement 
23.20 	set forth in subdivision 1b may engage in the practice of animal chiropractic during the 
23.21 	time that the rules are being promulgated by the board. Enforcement actions may not 
23.22 	be taken against persons who have completed the approved program of study by the 
23.23 	American Veterinary Chiropractic Association or the International Veterinary Chiropractic 
23.24 	Association until the rules have been adopted by the board.

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

23.26 	Sec. 29. [148.032] EDUCATIONAL CRITERIA FOR LICENSURE IN ANIMAL 
23.27 	CHIROPRACTIC DIAGNOSIS AND TREATMENT; RECORDS; TREATMENT 
23.28 	NOTES.
23.29 	(a) The following educational criteria must be applied to any licensed chiropractor 
23.30 	who requests registration in animal chiropractic diagnosis and treatment. The criteria must 
23.31 	include education and training in the following subjects:
23.32 	(1) anatomy;
24.1 	(2) anatomy laboratory;
24.2 	(3) biomechanics and gait;
24.3 	(4) chiropractic educational basics;
24.4 	(5) animal chiropractic diversified adjusting technique, including:
24.5 	(i) lecture cervical;
24.6 	(ii) thoracic;
24.7 	(iii) lumbosacral;
24.8 	(iv) pelvic; and
24.9 	(v) extremity;
24.10 	(6) animal chiropractic diversified adjusting technique, including:
24.11 	(i) laboratory cervical;
24.12 	(ii) thoracic;
24.13 	(iii) lumbosacral;
24.14 	(iv) pelvic; and 
24.15 	(v) extremity;
24.16 	(7) case management and case studies;
24.17 	(8) chiropractic philosophy;
24.18 	(9) ethics and legalities;
24.19 	(10) neurology, neuroanatomy, and neurological conditions;
24.20 	(11) pathology; 
24.21 	(12) radiology;
24.22 	(13) research in current chiropractic and veterinary topics;
24.23 	(14) rehabilitation, current topics, evaluation, and assessment;
24.24 	(15) normal foot anatomy and normal foot care;
24.25 	(16) saddle fit and evaluation, lecture, and laboratory;
24.26 	(17) veterinary educational basics;
24.27 	(18) vertebral subluxation complex; and
24.28 	(19) zoonotic diseases.
24.29 	(b) A licensed chiropractor requesting registration in animal chiropractic diagnosis 
24.30 	and treatment must have completed and passed a course of study from an American 
24.31 	Veterinary Chiropractic Association, International Veterinary Chiropractic Association, or 
24.32 	higher institution-approved program, consisting of no less than 210 hours of education 
24.33 	and training as set forth in paragraph (a).
24.34 	(c) A licensed chiropractor engaged in the practice of animal chiropractic diagnosis 
24.35 	and treatment must maintain complete and accurate records and patient files in the 
24.36 	chiropractor's office for at least three years.
25.1 	(d) A licensed chiropractor engaged in the practice of animal chiropractic diagnosis 
25.2 	and treatment must make treatment notes and records available to the patient's owner 
25.3 	upon request and must communicate their findings and treatment plan with the referring 
25.4 	veterinarian if requested by the patient's owner.
25.5 	(e) A licensed chiropractor who treats both animal and human patients in the same 
25.6 	facility must post a conspicuous sign in the reception area of that facility informing 
25.7 	customers that nonhuman patients are treated on the premises.

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

25.9 	Sec. 30. [148.033] ANIMAL CHIROPRACTIC CONTINUING EDUCATION 
25.10 	HOURS.
25.11 	Any chiropractor engaged in the practice of animal chiropractic diagnosis and 
25.12 	treatment applying for renewal of a registration related to animal chiropractic diagnosis 
25.13 	and treatment must have completed a minimum of six hours annually of continuing 
25.14 	education in animal chiropractic diagnosis and treatment, in addition to the required 20 
25.15 	hours annually of continuing education in human chiropractic under this chapter. The 
25.16 	continuing education course attended for purposes of complying with this section must be 
25.17 	approved by the board prior to attendance by the chiropractor.

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

25.19 	Sec. 31. [148.035] SEPARATE TREATMENT ROOM REQUIRED.
25.20 	A licensed chiropractor who provides animal chiropractic treatment in the same 
25.21 	facility where human patients are treated, shall maintain a separate noncarpeted room for 
25.22 	the purpose of adjusting animals. The table and equipment used for animals shall not be 
25.23 	used for human patients.

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

25.25 	Sec. 32. Minnesota Statutes 2006, section 156.001, is amended by adding a subdivision 
25.26 	to read:
25.27 		Subd. 10a.Program for the Assessment of Veterinary Education Equivalence; 
25.28 	PAVE certificate. A "Program for the Assessment of Veterinary Education Equivalence" 
25.29 	or "PAVE" certificate is issued by the American Association of Veterinary State Boards, 
25.30 	indicating that the holder has demonstrated knowledge and skill equivalent to that 
25.31 	possessed by a graduate of an accredited or approved college of veterinary medicine.

26.1 	Sec. 33. Minnesota Statutes 2006, section 156.02, subdivision 1, is amended to read:
26.2 		Subdivision 1.License application. Application for a license to practice veterinary 
26.3 	medicine in this state shall be made in writing to the Board of Veterinary Medicine upon a 
26.4 	form furnished by the board, accompanied by satisfactory evidence that the applicant is at 
26.5 	least 18 years of age, is of good moral character, and has one of the following:
26.6 	(1) a diploma conferring the degree of doctor of veterinary medicine, or an 
26.7 	equivalent degree, from an accredited or approved college of veterinary medicine;
26.8 	(2) an ECFVG or PAVE certificate; or
26.9 	(3) a certificate from the dean of an accredited or approved college of veterinary 
26.10 	medicine stating that the applicant is a student in good standing expecting to be graduated 
26.11 	at the completion of the current academic year of the college in which the applicant is 
26.12 	enrolled.
26.13 	The application shall contain the information and material required by subdivision 
26.14 	2 and any other information that the board may, in its sound judgment, require. The 
26.15 	application shall be filed with the board at least 60 days before the date of the examination. 
26.16 	If the board deems it advisable, it may require that such application be verified by the 
26.17 	oath of the applicant.

26.18 	Sec. 34. Minnesota Statutes 2006, section 156.02, subdivision 2, is amended to read:
26.19 		Subd. 2.Required with application. Every application shall contain the following 
26.20 	information and material:
26.21 	(1) the application fee set by the board in the form of a check or money order payable 
26.22 	to the board, which fee is not returnable in the event permission to take the examination 
26.23 	is denied for good cause;
26.24 	(2) a copy of a diploma from an accredited or approved college of veterinary 
26.25 	medicine or a certificate from the dean or secretary of an accredited or approved college of 
26.26 	veterinary medicine showing the time spent in the school and the date when the applicant 
26.27 	was duly and regularly graduated or will duly and regularly graduate or verification of 
26.28 	ECFVG or PAVE certification;
26.29 	(3) affidavits of at least two veterinarians and three adults who are not related to 
26.30 	the applicant setting forth how long a time, when, and under what circumstances they 
26.31 	have known the applicant, and any other facts as may be proper to enable the board to 
26.32 	determine the qualifications of the applicant; and
26.33 	(4) if the applicant has served in the armed forces, a copy of discharge papers.

27.1 	Sec. 35. Minnesota Statutes 2006, section 156.04, is amended to read:
27.2 	156.04 BOARD TO ISSUE LICENSE.
27.3 	The Board of Veterinary Medicine shall issue to every applicant who has successfully 
27.4 	passed the required examination, who has received a diploma conferring the degree of 
27.5 	doctor of veterinary medicine or an equivalent degree from an accredited or approved 
27.6 	college of veterinary medicine or an ECFVG or PAVE certificate, and who shall have been 
27.7 	adjudged to be duly qualified to practice veterinary medicine, a license to practice.

27.8 	Sec. 36. Minnesota Statutes 2006, section 156.072, subdivision 2, is amended to read:
27.9 		Subd. 2.Required with application. Such doctor of veterinary medicine shall 
27.10 	accompany the application by the following:
27.11 	(1) a copy of a diploma from an accredited or approved college of veterinary 
27.12 	medicine or certification from the dean, registrar, or secretary of an accredited or approved 
27.13 	college of veterinary medicine attesting to the applicant's graduation from an accredited 
27.14 	or approved college of veterinary medicine, or a certificate of satisfactory completion of 
27.15 	the ECFVG or PAVE program.
27.16 	(2) affidavits of two licensed practicing doctors of veterinary medicine residing in 
27.17 	the United States or Canadian licensing jurisdiction in which the applicant is currently 
27.18 	practicing, attesting that they are well acquainted with the applicant, that the applicant is a 
27.19 	person of good moral character, and has been actively engaged in practicing or teaching in 
27.20 	such jurisdiction for the period above prescribed;
27.21 	(3) a certificate from the regulatory agency having jurisdiction over the conduct of 
27.22 	practice of veterinary medicine that such applicant is in good standing and is not the 
27.23 	subject of disciplinary action or pending disciplinary action;
27.24 	(4) a certificate from all other jurisdictions in which the applicant holds a currently 
27.25 	active license or held a license within the past ten years, stating that the applicant is and 
27.26 	was in good standing and has not been subject to disciplinary action;
27.27 	(5) in lieu of clauses (3) and (4), certification from the Veterinary Information 
27.28 	Verification Agency that the applicant's licensure is in good standing;
27.29 	(6) a fee as set by the board in form of check or money order payable to the board, 
27.30 	no part of which shall be refunded should the application be denied;
27.31 	(7) score reports on previously taken national examinations in veterinary medicine, 
27.32 	certified by the Veterinary Information Verification Agency; and
27.33 	(8) if requesting waiver of examination, provide evidence of meeting licensure 
27.34 	requirements in the state of the applicant's original licensure that were substantially equal 
27.35 	to the requirements for licensure in Minnesota in existence at that time.

28.1 	Sec. 37. Minnesota Statutes 2006, section 156.073, is amended to read:
28.2 	156.073 TEMPORARY PERMIT.
28.3 	The board may issue without examination a temporary permit to practice veterinary 
28.4 	medicine in this state to a person who has submitted an application approved by the 
28.5 	board for license pending examination, and holds a doctor of veterinary medicine degree 
28.6 	or an equivalent degree from an approved or accredited college of veterinary medicine 
28.7 	or an ECFVG or PAVE certification. The temporary permit shall expire the day after 
28.8 	publication of the notice of results of the first examination given after the permit is 
28.9 	issued. No temporary permit may be issued to any applicant who has previously failed 
28.10 	the national examination and is currently not licensed in any licensing jurisdiction of the 
28.11 	United States or Canada or to any person whose license has been revoked or suspended 
28.12 	or who is currently subject to a disciplinary order in any licensing jurisdiction of the 
28.13 	United States or Canada.

28.14 	Sec. 38. Minnesota Statutes 2006, section 156.12, subdivision 2, is amended to read:
28.15 		Subd. 2.Authorized activities. No provision of this chapter shall be construed to 
28.16 	prohibit:
28.17 	(a) a person from rendering necessary gratuitous assistance in the treatment of any 
28.18 	animal when the assistance does not amount to prescribing, testing for, or diagnosing, 
28.19 	operating, or vaccinating and when the attendance of a licensed veterinarian cannot be 
28.20 	procured;
28.21 	(b) a person who is a regular student in an accredited or approved college of 
28.22 	veterinary medicine from performing duties or actions assigned by instructors or 
28.23 	preceptors or working under the direct supervision of a licensed veterinarian;
28.24 	(c) a veterinarian regularly licensed in another jurisdiction from consulting with a 
28.25 	licensed veterinarian in this state;
28.26 	(d) the owner of an animal and the owner's regular employee from caring for and 
28.27 	administering to the animal belonging to the owner, except where the ownership of the 
28.28 	animal was transferred for purposes of circumventing this chapter;
28.29 	(e) veterinarians who are in compliance with subdivision 6 and who are employed by 
28.30 	the University of Minnesota from performing their duties with the College of Veterinary 
28.31 	Medicine, College of Agriculture, Agricultural Experiment Station, Agricultural Extension 
28.32 	Service, Medical School, School of Public Health, or other unit within the university; or 
28.33 	a person from lecturing or giving instructions or demonstrations at the university or in 
28.34 	connection with a continuing education course or seminar to veterinarians or pathologists 
28.35 	at the University of Minnesota Veterinary Diagnostic Laboratory;
29.1 	(f) any person from selling or applying any pesticide, insecticide or herbicide;
29.2 	(g) any person from engaging in bona fide scientific research or investigations which 
29.3 	reasonably requires experimentation involving animals;
29.4 	(h) any employee of a licensed veterinarian from performing duties other than 
29.5 	diagnosis, prescription or surgical correction under the direction and supervision of the 
29.6 	veterinarian, who shall be responsible for the performance of the employee;
29.7 	(i) a graduate of a foreign college of veterinary medicine from working under the 
29.8 	direct personal instruction, control, or supervision of a veterinarian faculty member of 
29.9 	the College of Veterinary Medicine, University of Minnesota in order to complete the 
29.10 	requirements necessary to obtain an ECFVG or PAVE certificate.;
29.11 	(j) a licensed chiropractor registered under section 148.01, subdivision 1a, from 
29.12 	practicing animal chiropractic.

29.13 	Sec. 39. Minnesota Statutes 2006, section 156.12, subdivision 4, is amended to read:
29.14 		Subd. 4.Titles. It is unlawful for a person who has not received a professional 
29.15 	degree from an accredited or approved college of veterinary medicine, or ECFVG or PAVE 
29.16 	certification, to use any of the following titles or designations: Veterinary, veterinarian, 
29.17 	animal doctor, animal surgeon, animal dentist, animal chiropractor, animal acupuncturist, 
29.18 	or any other title, designation, word, letter, abbreviation, sign, card, or device tending to 
29.19 	indicate that the person is qualified to practice veterinary medicine.

29.20 	Sec. 40. Minnesota Statutes 2006, section 156.12, subdivision 6, is amended to read:
29.21 		Subd. 6.Faculty licensure. (a) Veterinary Medical Center clinicians at the College 
29.22 	of Veterinary Medicine, University of Minnesota, who are engaged in the practice of 
29.23 	veterinary medicine as defined in subdivision 1 and who treat animals owned by clients of 
29.24 	the Veterinary Medical Center must possess the same license required by other veterinary 
29.25 	practitioners in the state of Minnesota except for persons covered by paragraphs (b) and (c).
29.26 	(b) A specialty practitioner in a hard-to-fill faculty position who has been employed 
29.27 	at the College of Veterinary Medicine, University of Minnesota, for five years or 
29.28 	more prior to 2003 or is specialty board certified by the American Veterinary Medical 
29.29 	Association or the European Board of Veterinary Specialization may be granted a specialty 
29.30 	faculty Veterinary Medical Center clinician license which will allow the licensee to 
29.31 	practice veterinary medicine in the state of Minnesota in the specialty area of the licensee's 
29.32 	training and only within the scope of employment at the Veterinary Medical Center.
29.33 	(c) A specialty practitioner in a hard-to-fill faculty position at the College of 
29.34 	Veterinary Medicine, University of Minnesota, who has graduated from a board-approved 
30.1 	foreign veterinary school may be granted a temporary faculty Veterinary Medical Center 
30.2 	clinician license. The temporary faculty Veterinary Medical Center clinician license 
30.3 	expires in two years and allows the licensee to practice veterinary medicine as defined 
30.4 	in subdivision 1 and treat animals owned by clients of the Veterinary Medical Center. 
30.5 	The temporary faculty Veterinary Medical Center clinician license allows the licensee to 
30.6 	practice veterinary medicine in the state of Minnesota in the specialty area of the licensee's 
30.7 	training and only within the scope of employment at the Veterinary Medical Center while 
30.8 	under the direct supervision of a veterinarian currently licensed and actively practicing 
30.9 	veterinary medicine in Minnesota, as defined in section 156.04. The direct supervising 
30.10 	veterinarian must not have any current or past conditions, restrictions, or probationary 
30.11 	status imposed on the veterinarian's license by the board within the past five years. The 
30.12 	holder of a temporary faculty Veterinary Medical Center clinician license who is enrolled 
30.13 	in a PhD program may apply for up to two additional consecutive two-year extensions 
30.14 	of an expiring temporary faculty Veterinary Medical Center clinician license. Any other 
30.15 	holder of a temporary faculty Veterinary Medical Center clinician license may apply for 
30.16 	one two-year extension of the expiring temporary faculty Veterinary Medical Center 
30.17 	clinician license. Temporary faculty Veterinary Medical Center clinician licenses that are 
30.18 	allowed to expire may not be renewed. The board shall grant an extension to a licensee 
30.19 	who demonstrates suitable progress toward completing the requirements of their academic 
30.20 	program, specialty board certification, or full licensure in Minnesota by a graduate of a 
30.21 	foreign veterinary college.
30.22 	(d) Temporary and specialty faculty Veterinary Medical Center clinician licensees 
30.23 	must abide by all the laws governing the practice of veterinary medicine in the state 
30.24 	of Minnesota and are subject to the same disciplinary action as any other veterinarian 
30.25 	licensed in the state of Minnesota.
30.26 	(e) The fee for a license issued under this subdivision is the same as for a regular 
30.27 	license to practice veterinary medicine in Minnesota. License payment deadlines, late 
30.28 	payment fees, and other license requirements are also the same as for regular licenses.

30.29 	Sec. 41. Minnesota Statutes 2006, section 156.15, subdivision 2, is amended to read:
30.30 		Subd. 2.Service. Service of an order under this section is effective if the order is 
30.31 	served on the person or counsel of record personally or by certified United States mail to 
30.32 	the most recent address provided to the board for the person or counsel of record.

30.33 	Sec. 42. Minnesota Statutes 2006, section 156.16, subdivision 3, is amended to read:
31.1 		Subd. 3.Dispensing. "Dispensing" means distribution of veterinary prescription 
31.2 	drugs or over-the-counter drugs, human drugs for extra-label use, for extra-label use by a 
31.3 	person licensed as a pharmacist by the Board of Pharmacy or a person licensed by the 
31.4 	Board of Veterinary Medicine.

31.5 	Sec. 43. Minnesota Statutes 2006, section 156.16, subdivision 10, is amended to read:
31.6 		Subd. 10.Prescription. "Prescription" means an order from a veterinarian to a 
31.7 	pharmacist or another veterinarian authorizing the dispensing of a veterinary prescription 
31.8 	drug drugs, human drugs for extra-label use, or over-the-counter drugs for extra-label use
31.9 	to a client for use on or in a patient.

31.10 	Sec. 44. Minnesota Statutes 2006, section 156.18, subdivision 1, is amended to read:
31.11 		Subdivision 1.Prescription. (a) A person may not dispense a veterinary 
31.12 	prescription drug to a client without a prescription or other veterinary authorization. A 
31.13 	person may not make extra-label use of an animal or human drug for an animal without a 
31.14 	prescription from a veterinarian. A veterinarian or the veterinarian's authorized employee 
31.15 	may dispense a veterinary prescription drug todrugs, human drugs for extra-label use, or 
31.16 	an over-the-counter drug for extra-label use by a client or oversee the extra-label use of 
31.17 	a veterinary drug directly by a client without a separate written prescription, providing 
31.18 	there is documentation of the prescription in the medical record and there is an existing 
31.19 	veterinarian-client-patient relationship. The prescribing veterinarian must monitor the use 
31.20 	of veterinary prescription drugs, human drugs for extra-label use, or over-the-counter 
31.21 	drugs for extra-label use by a client.
31.22 	(b) A veterinarian may dispense prescription veterinary drugs and prescribe and 
31.23 	dispense extra-label use drugs to a client without personally examining the animal if 
31.24 	a bona fide veterinarian-client-patient relationship exists and in the judgment of the 
31.25 	veterinarian the client has sufficient knowledge to use the drugs properly.
31.26 	(c) A veterinarian may issue a prescription or other veterinary authorization by oral or 
31.27 	written communication to the dispenser, or by computer connection. If the communication 
31.28 	is oral, the veterinarian must enter it into the patient's record. The dispenser must record 
31.29 	the veterinarian's prescription or other veterinary authorization within 72 hours.
31.30 	(d) A prescription or other veterinary authorization must include:
31.31 	(1) the name, address, and, if written, the signature of the prescriber;
31.32 	(2) the name and address of the client;
31.33 	(3) identification of the species for which the drug is prescribed or ordered;
31.34 	(4) the name, strength, and quantity of the drug;
32.1 	(5) the date of issue;
32.2 	(6) directions for use; and
32.3 	(7) withdrawal time.;
32.4 	(8) expiration date of prescription; and
32.5 	(9) number of authorized refills.
32.6 	(e) A veterinarian may, in the course of professional practice and an existing 
32.7 	veterinarian-client-patient relationship, prepare medicaments that combine drugs approved 
32.8 	by the United States Food and Drug Administration and other legally obtained ingredients 
32.9 	with appropriate vehicles.
32.10 	(f) A veterinarian or a bona fide employee of a veterinarian may dispense veterinary 
32.11 	prescription drugs to a person on the basis of a prescription issued by a licensed 
32.12 	veterinarian. The provisions of paragraphs (c) and (d) apply.
32.13 	(g) This section does not limit the authority of the Minnesota Racing Commission to 
32.14 	regulate veterinarians providing services at a licensed racetrack.

32.15 	Sec. 45. Minnesota Statutes 2006, section 156.18, subdivision 2, is amended to read:
32.16 		Subd. 2.Label of dispensed veterinary drugs. (a) A veterinarian or the 
32.17 	veterinarian's authorized agent or employee dispensing a veterinary prescription drug 
32.18 	or prescribing the extra-label use of an over-the-counter drug, an over-the-counter drug 
32.19 	for extra-label use, or a human drug for extra-label use must provide written information 
32.20 	which includes the name and address of the veterinarian, date of filling, species of patient, 
32.21 	name or names of drug, strength of drug or drugs, directions for use, withdrawal time, 
32.22 	and cautionary statements, if any, appropriate for the drug.
32.23 	(b) If the veterinary drug has been prepared, mixed, formulated, or packaged by the 
32.24 	dispenser, all of the information required in paragraph (a) must be provided on a label 
32.25 	affixed to the container.
32.26 	(c) If the veterinary drug is in the manufacturer's original package, the information 
32.27 	required in paragraph (a) must be supplied in writing but need not be affixed to the 
32.28 	container. Information required in paragraph (a) that is provided by the manufacturer on 
32.29 	the original package does not need to be repeated in the separate written information. 
32.30 	Written information required by this paragraph may be written on the sales invoice.

32.31 	Sec. 46. Minnesota Statutes 2006, section 156.19, is amended to read:
32.32 	156.19 EXTRA-LABEL USE.
32.33 	A person, other than a veterinarian or a person working under the controlan 
32.34 	employee of a veterinarian, must not make extra-label use of a veterinary drug in or 
33.1 	on a food-producing animal, unless permitted by the prescription of a veterinarian. A 
33.2 	veterinarian may prescribe the extra-label use of a veterinary drug if:
33.3 	(1) the veterinarian makes a careful medical diagnosis within the context of a valid 
33.4 	veterinarian-client-patient relationship;
33.5 	(2) the veterinarian determines that there is no marketed drug specifically labeled to 
33.6 	treat the condition diagnosed, or that drug therapy as recommended by the labeling has, in 
33.7 	the judgment of the attending veterinarian, been found to be clinically ineffective;
33.8 	(3) the veterinarian recommends procedures to ensure that the identity of the treated 
33.9 	animal will be carefully maintained; and
33.10 	(4) the veterinarian prescribes a significantly extended time period for drug 
33.11 	withdrawal before marketing meat, milk, or eggs.; and
33.12 	(5) the veterinarian has met the criteria established in Code of Federal Regulations, 
33.13 	title 21, part 530, which define the extra-label use of medication in or on animals.

33.14 	Sec. 47. Minnesota Statutes 2006, section 239.051, subdivision 15, is amended to read:
33.15 		Subd. 15.Ethanol blender. "Ethanol blender" means a person who blends and 
33.16 	distributes, transports, sells, or offers to sell gasoline containing ten percent ethanol by 
33.17 	volume.

33.18 	Sec. 48. Minnesota Statutes 2007 Supplement, section 239.761, subdivision 4, is 
33.19 	amended to read:
33.20 		Subd. 4.Gasoline blended with ethanol; general. (a) Gasoline may be blended 
33.21 	with up to ten percent, by volume, agriculturally derived, denatured ethanol that complies 
33.22 	with the requirements of subdivision 5.
33.23 	(b) A gasoline-ethanol blend must:
33.24 	(1) comply with the volatility requirements in Code of Federal Regulations, title 
33.25 	40, part 80;
33.26 	(2) comply with ASTM specification D4814-06, or the gasoline base stock from 
33.27 	which a gasoline-ethanol blend was produced must comply with ASTM specification 
33.28 	D4814-06; and
33.29 	(3) not be blended with casinghead gasoline, absorption gasoline, condensation 
33.30 	gasoline, drip gasoline, or natural gasoline after the gasoline-ethanol blend has been sold, 
33.31 	transferred, or otherwise removed from a refinery or terminal.

33.32 	Sec. 49. Minnesota Statutes 2007 Supplement, section 239.761, is amended by adding 
33.33 	a subdivision to read:
34.1 		Subd. 4a.Gasoline blended with ethanol; standard combustion engines.
 34.2 	Gasoline combined with ethanol for use in standard combustion engines may be blended 
34.3 	with up to ten percent agriculturally derived, denatured ethanol, by volume, or any 
34.4 	percentage specifically authorized in a waiver granted by the United States Environmental 
34.5 	Protection Agency under section 211(f)(4) of the Clean Air Act, United States Code, title 
34.6 	42, section 7545, subsection (f), paragraph (4). The gasoline-ethanol blend must comply 
34.7 	with the general provisions in subdivision 4.

34.8 	Sec. 50. Minnesota Statutes 2007 Supplement, section 239.761, is amended by adding 
34.9 	a subdivision to read:
34.10 		Subd. 4b.Gasoline blended with ethanol; alternative fuel vehicles. (a) Gasoline 
34.11 	blended for use in an alternative fuel vehicle, as defined in section 296A.01, subdivision 5, 
34.12 	may contain any percentage of agriculturally derived, denatured ethanol, by volume, not 
34.13 	to exceed 85 percent. The gasoline-ethanol blend must comply with the general provisions 
34.14 	in subdivision 4. The gasoline and ethanol may be blended by an ethanol blender or at the 
34.15 	point of retail sale in an ethanol-blending fuel dispenser clearly labeled "FLEX-FUEL 
34.16 	VEHICLES ONLY." If blended by an ethanol blender, the percentage of ethanol in the 
34.17 	resulting gasoline-ethanol blend must be clearly identified.
34.18 	(b) If a person responsible for the product utilizes an ethanol-blending fuel dispenser 
34.19 	to dispense both gasoline blended with ethanol for use in alternative fuel vehicles and 
34.20 	gasoline blended with ethanol for use in standard combustion engines, the person must 
34.21 	ensure that the gasoline blended with ethanol for use in standard combustion engines is 
34.22 	dispensed from a fuel-dispensing hose and nozzle or other conveyance dedicated solely 
34.23 	to gasoline blended with ethanol for use in standard combustion engines and clearly 
34.24 	labeled as such.
34.25 	(c) A person responsible for the product who complies with the provisions in 
34.26 	paragraph (b) is not responsible for a self-service fueling action taken by that person's 
34.27 	retail fuel customer.

34.28 	Sec. 51. Minnesota Statutes 2006, section 239.77, as amended by Laws 2007, chapter 
34.29 	62, sections 3 and 4, is amended to read:
34.30 	239.77 BIODIESEL CONTENT MANDATE.
34.31 		Subdivision 1.Biodiesel fuel. "Biodiesel fuel" means a renewable, biodegradable, 
34.32 	mono alkyl ester combustible liquid fuel that is derived from agricultural and other plant 
34.33 	oils or animal fats and that meets American Society For Testing and Materials specification 
34.34 	D6751-07 for Biodiesel Fuel (B100) Blend Stock for Distillate Fuels.
35.1 	Biodiesel produced from palm oil is not biodiesel fuel for the purposes of this 
35.2 	section, unless the palm oil is contained within waste oil and grease collected within the 
35.3 	United States or Canada.
35.4 		Subd. 2.Minimum content. (a) Except as otherwise provided in this section, all 
35.5 	diesel fuel sold or offered for sale in Minnesota for use in internal combustion engines 
35.6 	must contain at least 2.0 percent the stated percentage of biodiesel fuel oil by volume.
35.7 	on and after the following dates:

35.8	(1)
	September 29, 2005
	2 percent
	
35.9	(2)
	May 1, 2009
	5 percent
	
35.10	(3)
	May 1, 2012
	10 percent
	
35.11	(4)
	May 1, 2015
	20 percent
	
35.12 	The minimum content levels in clauses (3) and (4) are effective during the months of 
35.13 	April, May, June, July, August, September, and October only. The minimum content for 
35.14 	the remainder of the year is five percent. However, if the commissioners of agriculture, 
35.15 	commerce, and pollution control determine, after consultation with the biodiesel task 
35.16 	force and other technical experts, that an American Society for Testing and Materials 
35.17 	specification or equivalent federal standard exists for the specified biodiesel blend level in 
35.18 	those clauses that adequately addresses technical issues associated with Minnesota's cold 
35.19 	weather and publish a notice in the State Register to that effect, the commissioners may 
35.20 	allow the specified biodiesel blend level in those clauses to be effective year-round.
35.21 	(b) The minimum content levels in paragraph (a), clauses (3) and (4), become 
35.22 	effective on the date specified only if the commissioners of agriculture, commerce, and 
35.23 	pollution control publish notice in the State Register and provide written notice to the 
35.24 	chairs of the house and senate committees with jurisdiction over agriculture, commerce, 
35.25 	and transportation policy and finance, at least 270 days prior to the date of each scheduled 
35.26 	increase, that all of the following conditions have been met and the state is prepared to 
35.27 	move to the next scheduled minimum content level:
35.28 	(1) an American Society for Testing and Materials specification or equivalent federal 
35.29 	standard exists for the next minimum diesel-biodiesel blend;
35.30 	(2) a sufficient supply of biodiesel is available and the amount of biodiesel produced 
35.31 	in this state from feedstock with at least 75 percent that is produced in the United States 
35.32 	and Canada is equal to at least 50 percent of anticipated demand at the next minimum 
35.33 	content level; 
35.34 	(3) adequate blending infrastructure and regulatory protocol are in place in order to 
35.35 	promote biodiesel quality and avoid any potential economic disruption; and
36.1 	(4) at least five percent of the amount of biodiesel necessary for that minimum 
36.2 	content level will be produced from a biological resource other than an agricultural 
36.3 	resource traditionally grown or raised in the state, including, but not limited to, algae 
36.4 	cultivated for biofuels production, waste oils, and tallow.
36.5 	The condition in clause (2) may be waived if the commissioner finds that, due to 
36.6 	weather-related conditions, the necessary feed stock is unavailable.
36.7 	The condition in clause (4) may be waived if the commissioners find that the use of 
36.8 	these nontraditional feedstocks would be uneconomic under market conditions existing at 
36.9 	the time notice is given under this paragraph.
36.10 	(c) The commissioners of agriculture, commerce, and pollution control must consult 
36.11 	with the biodiesel task force when assessing and certifying conditions in paragraph (b), 
36.12 	and in general must seek the guidance of the biodiesel task force regarding biodiesel 
36.13 	labeling, enforcement, and other related issues.
36.14 	(d) During a period of biodiesel fuel shortage or a problem with biodiesel quality 
36.15 	that negatively affects the availability of biodiesel fuel, the commissioner of commerce 
36.16 	may temporarily suspend the minimum content requirement in subdivision 2 until there 
36.17 	is sufficient biodiesel fuel, as defined in subdivision 1, available to fulfill the minimum 
36.18 	content requirement.
36.19 	(e) By February 1, 2012, and periodically thereafter, the commissioner of commerce 
36.20 	shall determine the wholesale diesel price at various pipeline and refinery terminals in the 
36.21 	region, and the biodiesel price determined after credits and incentives are subtracted at 
36.22 	biodiesel plants in the region. The commissioner shall report wholesale price differences to 
36.23 	the governor who, after consultation with the commissioners of commerce and agriculture, 
36.24 	may by executive order adjust the biodiesel mandate if a price disparity reported by the 
36.25 	commissioner will cause economic hardship to retailers of diesel fuel in this state. Any 
36.26 	adjustment must be for a specified period of time, after which the percentage of biodiesel 
36.27 	fuel to be blended into diesel fuel returns to the amount required in subdivision 2. The 
36.28 	biodiesel mandate must not be adjusted to less than five percent.
36.29 		Subd. 3.Exceptions. (a) The minimum content requirement requirements of 
36.30 	subdivision 2 does do not apply to fuel used in the following equipment:
36.31 	(1) motors located at an electric generating plant regulated by the Nuclear 
36.32 	Regulatory Commission;
36.33 	(2) railroad locomotives; and
36.34 	(3) off-road taconite and copper mining equipment and machinery;
36.35 	(4) off-road logging equipment and machinery; and
37.1 	(5) until May 1, 2010, vehicles and equipment used exclusively on an aircraft 
37.2 	landing field.
37.3 	(b) The exemption in paragraph (a), clause (1), expires 30 days after the Nuclear 
37.4 	Regulatory Commission has approved the use of biodiesel fuel in motors at electric 
37.5 	generating plants under its regulation.
37.6 	(c) This subdivision expires on May 1, 2012.
37.7 		Subd. 4.Disclosure. A refinery or terminal shall provide, at the time diesel fuel 
37.8 	is sold or transferred from the refinery or terminal, a bill of lading or shipping manifest 
37.9 	to the person who receives the fuel. For biodiesel-blended products, the bill of lading or 
37.10 	shipping manifest must disclose biodiesel content, stating volume percentage, gallons of 
37.11 	biodiesel per gallons of petroleum diesel base-stock, or an ASTM "Bxx" designation 
37.12 	where "xx" denotes the volume percent biodiesel included in the blended product. This 
37.13 	subdivision does not apply to sales or transfers of biodiesel blend stock between refineries, 
37.14 	between terminals, or between a refinery and a terminal.
37.15 		Subd. 5.Annual report. Beginning in 2009, the commissioner of agriculture 
37.16 	must report by January 15 of each year to the chairs and ranking minority members of 
37.17 	the legislative committees and divisions with jurisdiction over agriculture policy and 
37.18 	finance regarding the implementation of the minimum content requirements in subdivision 
37.19 	2, including information about the price and supply of biodiesel fuel. The report shall 
37.20 	include information about the impacts of the biodiesel mandate on the development of 
37.21 	biodiesel production capacity in the state, and on the use of feedstock grown or raised in 
37.22 	the state for biodiesel production. The report must include any written comments received 
37.23 	from members of the biodiesel fuel task force by January 1 of that year designated by 
37.24 	them for inclusion in the report.

37.25 	Sec. 52. Minnesota Statutes 2006, section 239.7911, subdivision 2, is amended to read:
37.26 		Subd. 2.Promotion of renewable liquid fuels. (a) The commissioner of 
37.27 	agriculture, in consultation with the commissioners of commerce and the Pollution 
37.28 	Control Agency, shall identify and implement activities necessary for the widespread use 
37.29 	of renewable liquid fuels in the state. Beginning November 1, 2005, and continuing 
37.30 	through 2015, the commissioners, or their designees, shall work with representatives 
37.31 	from the renewable fuels industry, petroleum retailers, refiners, automakers, small engine 
37.32 	manufacturers, and other interested groups, to develop annual recommendations for 
37.33 	administrative and legislative action.
37.34 	(b) The activities of the commissioners under this subdivision shall include, but not 
37.35 	be limited to:
38.1 	(1) developing recommendations for incentives for retailers to install equipment 
38.2 	necessary for dispensing renewable liquid fuels to the public;
38.3 	(2) expanding the renewable-fuel options available to Minnesota consumers by 
38.4 	obtaining federal approval for the use of E20 and additional blends that contain a greater 
38.5 	percentage of ethanol, including but not limited to E30 and E50, as gasoline;
38.6 	(3) developing recommendations for ensuring that motor vehicles and small engine 
38.7 	equipment have access to an adequate supply of fuel;
38.8 	(4) working with the owners and operators of large corporate automotive fleets in the 
38.9 	state to increase their use of renewable fuels; and
38.10 	(5) working to maintain an affordable retail price for liquid fuels.

38.11 	Sec. 53. Minnesota Statutes 2006, section 296A.01, subdivision 2, is amended to read:
38.12 		Subd. 2.Agricultural alcohol gasoline. "Agricultural alcohol gasoline" means a 
38.13 	gasoline-ethanol blend of up to ten percent agriculturally derived fermentation satisfying 
38.14 	the provisions of section 239.761, subdivision 4a or 4b, with ethanol derived from 
38.15 	agricultural products, such as potatoes, cereal, grains, cheese whey, sugar beets, forest 
38.16 	products, or other renewable resources, that:
38.17 	(1) meets the specifications in ASTM specification D4806-04a; and
38.18 	(2) is denatured as specified in Code of Federal Regulations, title 27, parts 20 and 21.

38.19 	Sec. 54. Minnesota Statutes 2007 Supplement, section 296A.01, subdivision 8a, 
38.20 	is amended to read:
38.21 		Subd. 8a.Biodiesel fuel. "Biodiesel fuel" means a renewable, biodegradable, mono 
38.22 	alkyl ester combustible liquid fuel derived from agricultural plant oils or animal fats 
38.23 	and that meets American Society for Testing and Materials specification D6751-07 for 
38.24 	Biodiesel Fuel (B100) Blend Stock for Distillate Fuels has the meaning given in section 
38.25 	239.77, subdivision 1.

38.26 	Sec. 55. Minnesota Statutes 2007 Supplement, section 296A.01, subdivision 25, 
38.27 	is amended to read:
38.28 		Subd. 25.Gasoline blended with ethanol. "Gasoline blended with ethanol" means 
38.29 	gasoline blended with up to  20 percent, by volume, agriculturally derived, denatured 
38.30 	ethanol. The blend must comply with the volatility requirements in Code of Federal 
38.31 	Regulations, title 40, part 80. The blend must also comply with ASTM specification 
38.32 	D4814-06, or the gasoline base stock from which a gasoline-ethanol blend was produced 
38.33 	must comply with ASTM specification D4814-06; and the gasoline-ethanol blend must 
39.1 	not be blended with casinghead gasoline, absorption gasoline, condensation gasoline, drip 
39.2 	gasoline, or natural gasoline after the gasoline-ethanol blend has been sold, transferred, or 
39.3 	otherwise removed from a refinery or terminal. The blend need not comply with ASTM 
39.4 	specification D4814-06 if it is subjected to a standard distillation test. For a distillation 
39.5 	test, a gasoline-ethanol blend is not required to comply with the temperature specification 
39.6 	at the 50 percent liquid recovery point, if the gasoline from which the gasoline-ethanol 
39.7 	blend was produced complies with all of the distillation specifications a gasoline-ethanol 
39.8 	blend satisfying the provisions of section 239.761, subdivision 4a or 4b.

39.9 	Sec. 56. Minnesota Statutes 2007 Supplement, section 394.23, is amended to read:
39.10 	394.23 COMPREHENSIVE PLAN.
39.11 	The board has the power and authority to prepare and adopt by ordinance, a 
39.12 	comprehensive plan. A comprehensive plan or plans when adopted by ordinance must be 
39.13 	the basis for official controls adopted under the provisions of sections 394.21 to 394.37. 
39.14 	The commissioner of natural resources must provide the natural heritage data from the 
39.15 	county biological survey, if available, to each county for use in the comprehensive plan.
39.16 	When adopting or updating the comprehensive plan, the board must, if the data is available 
39.17 	to the county, consider natural heritage data resulting from the county biological survey. 
39.18 	In a county that is not a greater than 80 percent area, as defined in section 103G.005, 
39.19 	subdivision 10b, the board must consider adopting goals and objectives that will protect 
39.20 	open space and the environment. 

39.21 	Sec. 57. [394.231] COMPREHENSIVE PLANS IN GREATER MINNESOTA; 
39.22 	OPEN SPACE.
39.23 	A county adopting or updating a comprehensive plan in a county outside the 
39.24 	metropolitan area as defined by section 473.121, subdivision 2, and that is not a greater 
39.25 	than 80 percent area, as defined in section 103G.005, subdivision 10b, shall consider 
39.26 	adopting goals and objectives for the preservation of agricultural, forest, wildlife, and 
39.27 	open space land, and minimizing development in sensitive shoreland areas. Within three 
39.28 	years of updating the comprehensive plan, the county shall consider adopting ordinances 
39.29 	as part of the county's official controls that encourage the implementation of the goals and 
39.30 	objectives. The county shall consider the following goals and objectives:
39.31 	(1) minimizing the fragmentation and development of agricultural, forest, wildlife, 
39.32 	and open space lands, including consideration of appropriate minimum lot sizes; 
39.33 	(2) minimizing further development in sensitive shoreland areas; 
40.1 	(3) minimizing development near wildlife management areas, scientific and natural 
40.2 	areas, and nature centers; 
40.3 	(4) identification of areas of preference for higher density, including consideration 
40.4 	of existing and necessary water and wastewater services, infrastructure, other services, 
40.5 	and to the extent feasible, encouraging full development of areas previously zoned for 
40.6 	nonagricultural uses; 
40.7 	(5) encouraging development close to places of employment, shopping centers, 
40.8 	schools, mass transit, and other public and private service centers; 
40.9 	(6) identification of areas where other developments are appropriate; and 
40.10 	(7) other goals and objectives a county may identify. 

40.11 	Sec. 58. Minnesota Statutes 2006, section 394.232, subdivision 6, is amended to read:
40.12 		Subd. 6.Plan update. The county board, or the board of the joint planning district, 
40.13 	shall review and update the community-based comprehensive plan periodically, but at 
40.14 	least every ten years, and submit the updated plan to the office of strategic and long-range 
40.15 	planning for review and comment. When updating the plan, the county board or the board 
40.16 	of the joint planning district must consider natural heritage data resulting from the county 
40.17 	biological survey. In a county that is not a greater than 80 percent area, as defined in 
40.18 	section 103G.005, subdivision 10b, the board must consider adopting goals and objectives 
40.19 	that will protect open space and the environment. 

40.20 	Sec. 59. Minnesota Statutes 2006, section 462.355, subdivision 1, is amended to read:
40.21 		Subdivision 1.Preparation and review. The planning agency shall prepare the 
40.22 	comprehensive municipal plan. In discharging this duty the planning agency shall 
40.23 	consult with and coordinate the planning activities of other departments and agencies 
40.24 	of the municipality to insure conformity with and to assist in the development of the 
40.25 	comprehensive municipal plan. In its planning activities the planning agency shall take due 
40.26 	cognizance of the planning activities of adjacent units of government and other affected 
40.27 	public agencies. The planning agency shall periodically review the plan and recommend 
40.28 	amendments whenever necessary. When preparing or recommending amendments to the 
40.29 	comprehensive plan, the planning agency of a municipality located within a county that is 
40.30 	not a greater than 80 percent area, as defined in section 103G.005, subdivision 10b, must 
40.31 	consider adopting goals and objectives that will protect open space and the environment. 

40.32 	Sec. 60. Minnesota Statutes 2006, section 462.357, is amended by adding a subdivision 
40.33 	to read:
41.1 		Subd. 1h.Comprehensive plans in greater Minnesota; open spaces.  When 
41.2 	adopting or updating a comprehensive plan in a municipality located within a county that 
41.3 	is not a greater than 80 percent area, as defined in section 103G.005, subdivision 10b, and 
41.4 	that is located outside the metropolitan area, as defined by section 473.121, subdivision 
41.5 	2, the municipality shall consider adopting goals and objectives for the preservation of 
41.6 	agricultural, forest, wildlife, and open space land and the minimization of development 
41.7 	in sensitive shoreland areas. Within three years of updating the comprehensive plan, 
41.8 	the municipality shall consider adopting ordinances as part of the municipality's official 
41.9 	controls that encourage the implementation of the goals and objectives. 

41.10 	Sec. 61. Minnesota Statutes 2006, section 462.357, is amended by adding a subdivision 
41.11 	to read:
41.12 		Subd. 9.Development goals and objectives. In adopting official controls after July 
41.13 	1, 2008, in a municipality outside the metropolitan area, as defined by section 473.121, 
41.14 	subdivision 2, the municipality shall consider restricting new residential, commercial, and 
41.15 	industrial development so that the new development takes place in areas subject to the 
41.16 	following goals and objectives: 
41.17 	(1) minimizing the fragmentation and development of agricultural, forest, wildlife, 
41.18 	and open space lands, including consideration of appropriate minimum lot sizes; 
41.19 	(2) minimizing further development in sensitive shoreland areas; 
41.20 	(3) minimizing development near wildlife management areas, scientific and natural 
41.21 	areas, and nature centers; 
41.22 	(4) identification of areas of preference for higher density, including consideration 
41.23 	of existing and necessary water and wastewater services, infrastructure, other services, 
41.24 	and to the extent feasible, encouraging full development of areas previously zoned for 
41.25 	nonagricultural uses; 
41.26 	(5) encouraging development close to places of employment, shopping centers, 
41.27 	schools, mass transit, and other public and private service centers; 
41.28 	(6) identification of areas where other developments are appropriate; and 
41.29 	(7) other goals and objectives a municipality may identify. 

41.30 	Sec. 62. TITLE.
 41.31 	Sections 56 to 61 shall be known as the President Theodore Roosevelt Memorial 
41.32 	Bill to Preserve Agricultural, Forest, Wildlife, and Open Space Land. 

41.33 	Sec. 63. Laws 2007, chapter 45, article 1, section 3, subdivision 3, is amended to read:

42.1
42.2	Subd. 3. Agricultural Marketing and 
Development
 		8,547,000 
		5,157,000 
	
42.3 	$186,000 the first year and $186,000 the 
42.4 	second year are for transfer to the Minnesota 
42.5 	grown account and may be used as grants 
42.6 	for Minnesota grown promotion under 
42.7 	Minnesota Statutes, section 17.102. Grants 
42.8 	may be made for one year. Notwithstanding 
42.9 	Minnesota Statutes, section 16A.28, the 
42.10 	appropriations encumbered under contract on 
42.11 	or before June 30, 2009, for Minnesota grown 
42.12 	grants in this paragraph are available until 
42.13 	June 30, 2011. $50,000 of the appropriation 
42.14 	in each year is for efforts that identify 
42.15 	and promote Minnesota grown products 
42.16 	in retail food establishments including but 
42.17 	not limited to restaurants, grocery stores, 
42.18 	and convenience stores. The balance in the 
42.19 	Minnesota grown matching account in the 
42.20 	agricultural fund is canceled to the Minnesota 
42.21 	grown account in the agricultural fund and 
42.22 	the Minnesota grown matching account is 
42.23 	abolished. 
42.24 	$160,000 the first year and $160,000 the 
42.25 	second year are for grants to farmers for 
42.26 	demonstration projects involving sustainable 
42.27 	agriculture as authorized in Minnesota 
42.28 	Statutes, section 17.116. Of the amount 
42.29 	for grants, up to $20,000 may be used for 
42.30 	dissemination of information about the 
42.31 	demonstration projects. Notwithstanding 
42.32 	Minnesota Statutes, section 16A.28, the 
42.33 	appropriations encumbered under contract 
42.34 	on or before June 30, 2009, for sustainable 
42.35 	agriculture grants in this paragraph are 
42.36 	available until June 30, 2011. 
43.1 	$100,000 the first year and $100,000 
43.2 	the second year are to provide training 
43.3 	and technical assistance to county and 
43.4 	town officials relating to livestock siting 
43.5 	issues and local zoning and land use 
43.6 	planning, including a checklist template that 
43.7 	would clarify the federal, state, and local 
43.8 	government requirements for consideration 
43.9 	of an animal agriculture modernization 
43.10 	or expansion project. In developing 
43.11 	the training and technical assistance 
43.12 	program, the commissioner shall seek 
43.13 	guidance, advice, and support of livestock 
43.14 	producer organizations, general agricultural 
43.15 	organizations, local government associations, 
43.16 	academic institutions, other government 
43.17 	agencies, and others with expertise in land 
43.18 	use and agriculture. 
43.19 	$103,000 the first year and $106,000 the 
43.20 	second year are for additional integrated pest 
43.21 	management activities. 
43.22 	$2,500,000 the first year is for the agricultural 
43.23 	best management practices loan program. At 
43.24 	least $2,000,000 is available for pass-through 
43.25 	to local governments and lenders for 
43.26 	low-interest loans and is available until spent. 
43.27 	Any unencumbered balance that is not used 
43.28 	for pass-through to local governments does 
43.29 	not cancel at the end of the first year and is 
43.30 	available for the second year.
43.31 	$1,000,000 the first year is for the agricultural 
43.32 	best management practices loan program for 
43.33 	capital equipment loans for persons using 
43.34 	native, perennial cropping systems for energy 
43.35 	or seed production. This appropriation is 
44.1 	available until spent. * (The preceding text 
44.2 	beginning "$1,000,000 the first year" was 
44.3 	indicated as vetoed by the governor.) 
44.4 	$100,000 the first year and $100,000 the 
44.5 	second year are for annual cost-share 
44.6 	payments to resident farmers or persons 
44.7 	who sell, process, or package agricultural 
44.8 	products in this state for the costs of organic 
44.9 	certification. Annual cost-share payments 
44.10 	per farmer must be two-thirds of the cost 
44.11 	of the certification or $350, whichever is 
44.12 	less. In any year that a resident farmer or 
44.13 	person who sells, processes, or packages 
44.14 	agricultural products in this state receives 
44.15 	a federal organic certification cost-share 
44.16 	payment, that resident farmer or person is 
44.17 	not eligible for state cost-share payments. 
44.18 	A certified farmer is eligible to receive 
44.19 	annual certification cost-share payments for 
44.20 	up to five years. $15,000 each year is for 
44.21 	organic market and program development. 
44.22 	The commissioner may allocate any excess 
44.23 	appropriation in either fiscal year for organic 
44.24 	producer education efforts, assistance for 
44.25 	persons transitioning from conventional 
44.26 	to organic agriculture, or sustainable 
44.27 	agriculture demonstration grants authorized 
44.28 	under Minnesota Statutes, section 17.116, 
44.29 	and pertaining to organic research or 
44.30 	demonstration. Any unencumbered balance 
44.31 	does not cancel at the end of the first year 
44.32 	and is available for the second year. 

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

44.34 	Sec. 64. Laws 2007, chapter 45, article 1, section 3, subdivision 4, is amended to read:

45.1
45.2	Subd. 4. Bioenergy and Value-Added 
Agricultural Products
 		19,918,000 
		15,168,000 
	
45.3 	$15,168,000 the first year and $15,168,000 
45.4 	the second year are for ethanol producer 
45.5 	payments under Minnesota Statutes, section 
45.6 	41A.09. If the total amount for which all 
45.7 	producers are eligible in a quarter exceeds 
45.8 	the amount available for payments, the 
45.9 	commissioner shall make payments on a 
45.10 	pro rata basis. If the appropriation exceeds 
45.11 	the total amount for which all producers 
45.12 	are eligible in a fiscal year for scheduled 
45.13 	payments and for deficiencies in payments 
45.14 	during previous fiscal years, the balance 
45.15 	in the appropriation is available to the 
45.16 	commissioner for value-added agricultural 
45.17 	programs including the value-added 
45.18 	agricultural product processing and 
45.19 	marketing grant program under Minnesota 
45.20 	Statutes, section 17.101, subdivision 5. The 
45.21 	appropriation remains available until spent. 
45.22 	$3,000,000 the first year is for grants to 
45.23 	bioenergy projects. The NextGen Energy 
45.24 	Board shall make recommendations to 
45.25 	the commissioner on grants for owners of 
45.26 	Minnesota facilities producing bioenergy, 
45.27 	organizations that provide for on-station, 
45.28 	on-farm field scale research and outreach to 
45.29 	develop and test the agronomic and economic 
45.30 	requirements of diverse stands of prairie 
45.31 	plants and other perennials for bioenergy 
45.32 	systems, or certain nongovernmental 
45.33 	entities. For the purposes of this paragraph, 
45.34 	"bioenergy" includes transportation fuels 
45.35 	derived from cellulosic material as well as 
45.36 	the generation of energy for commercial heat, 
46.1 	industrial process heat, or electrical power 
46.2 	from cellulosic material via gasification 
46.3 	or other processes. The board must give 
46.4 	priority to a bioenergy facility that is at 
46.5 	least 60 percent owned and controlled by 
46.6 	farmers, as defined in Minnesota Statutes, 
46.7 	section 500.24, subdivision 2, paragraph 
46.8 	(n), or natural persons residing in the 
46.9 	county or counties contiguous to where the 
46.10 	facility is located. Grants are limited to 50 
46.11 	percent of the cost of research, technical 
46.12 	assistance, or equipment related to bioenergy 
46.13 	production or $500,000, whichever is less. 
46.14 	Grants to nongovernmental entities for the 
46.15 	development of business plans and structures 
46.16 	related to community ownership of eligible 
46.17 	bioenergy facilities together may not exceed 
46.18 	$150,000. The board shall make a good 
46.19 	faith effort to select projects that have 
46.20 	merit and when taken together represent a 
46.21 	variety of bioenergy technologies, biomass 
46.22 	feedstocks, and geographic regions of the 
46.23 	state. Projects must have a qualified engineer 
46.24 	certification on the technology and fuel 
46.25 	source. Grantees shall provide reports at 
46.26 	the request of the commissioner and must 
46.27 	actively participate in the Agricultural 
46.28 	Utilization Research Institute's Renewable 
46.29 	Energy Roundtable. No later than February 
46.30 	1, 2009, the commissioner shall report on 
46.31 	the projects funded under this appropriation 
46.32 	to the house and senate committees with 
46.33 	jurisdiction over agriculture finance. The 
46.34 	commissioner's costs in administering the 
46.35 	program may be paid from the appropriation. 
46.36 	Any unencumbered balance does not cancel 
47.1 	at the end of the first year and is available in 
47.2 	the second year.
47.3 	$350,000 the first year is for grants to 
47.4 	the Minnesota Institute for Sustainable 
47.5 	Agriculture at the University of Minnesota 
47.6 	to provide funds for on-station and on-farm 
47.7 	field scale research and outreach to develop 
47.8 	and test the agronomic and economic 
47.9 	requirements of diverse stands of prairie 
47.10 	plants and other perennials for bioenergy 
47.11 	systems including, but not limited to, 
47.12 	multiple species selection and establishment, 
47.13 	ecological management between planting 
47.14 	and harvest, harvest technologies, financial 
47.15 	and agronomic risk management, farmer 
47.16 	goal setting and adoption of technologies, 
47.17 	integration of wildlife habitat into 
47.18 	management approaches, evaluation of 
47.19 	carbon and other benefits, and robust policies 
47.20 	needed to induce farmer conversion on 
47.21 	marginal lands. * (The preceding text 
47.22 	beginning "$350,000 the first year" was 
47.23 	indicated as vetoed by the governor.) 
47.24 	$200,000 the first year is for a grant to the 
47.25 	Minnesota Turf Seed Council for basic 
47.26 	and applied agronomic research on native 
47.27 	plants, including plant breeding, nutrient 
47.28 	management, pest management, disease 
47.29 	management, yield, and viability. The grant 
47.30 	recipient may subcontract with a qualified 
47.31 	third party for some or all of the basic 
47.32 	or applied research. The grant recipient 
47.33 	must actively participate in the Agricultural 
47.34 	Utilization Research Institute's Renewable 
47.35 	Energy Roundtable and no later than 
47.36 	February 1, 2009, must report to the house 
48.1 	and senate committees with jurisdiction 
48.2 	over agriculture finance. This is a onetime 
48.3 	appropriation and is available until spent. 
48.4 	$200,000 the first year is for a grant to a joint 
48.5 	venture combined heat and power energy 
48.6 	facility located in Scott or LeSueur County 
48.7 	for the creation of a centrally located biomass 
48.8 	fuel supply depot with the capability of 
48.9 	unloading, processing, testing, scaling, and 
48.10 	storing renewable biomass fuels. The grant 
48.11 	must be matched by at least $3 of nonstate 
48.12 	funds for every $1 of state funds. The grant 
48.13 	recipient must actively participate in the 
48.14 	Agricultural Utilization Research Institute's 
48.15 	Renewable Energy Roundtable and no 
48.16 	later than February 1, 2009, must report 
48.17 	to the house and senate committees with 
48.18 	jurisdiction over agriculture finance. This is 
48.19 	a onetime appropriation and is available until 
48.20 	spent. 
48.21 	$300,000 the first year is for a grant to the 
48.22 	Bois Forte Band of Chippewa for a feasibility 
48.23 	study of a renewable energy biofuels 
48.24 	demonstration facility on the Bois Forte 
48.25 	Reservation in St. Louis and Koochiching 
48.26 	Counties. The grant shall be used by the Bois 
48.27 	Forte Band to conduct a detailed feasibility 
48.28 	study of the economic and technical viability 
48.29 	of developing a multistream renewable 
48.30 	energy biofuels demonstration facility 
48.31 	on Bois Forte Reservation land to utilize 
48.32 	existing forest resources, woody biomass, 
48.33 	and cellulosic material to produce biofuels or 
48.34 	bioenergy. The grant recipient must actively 
48.35 	participate in the Agricultural Utilization 
48.36 	Research Institute's Renewable Energy 
49.1 	Roundtable and no later than February 1, 
49.2 	2009, must report to the house and senate 
49.3 	committees with jurisdiction over agriculture 
49.4 	finance. This is a onetime appropriation and 
49.5 	is available until spent. 
49.6 	$300,000 the first year is for a grant to 
49.7 	the White Earth Band of Chippewa for a 
49.8 	feasibility study of a renewable energy 
49.9 	biofuels production, research, and production 
49.10 	facility on the White Earth Reservation in 
49.11 	Mahnomen County. The grant must be used 
49.12 	by the White Earth Band and the University 
49.13 	of Minnesota to conduct a detailed feasibility 
49.14 	study of the economic and technical viability 
49.15 	of (1) developing a multistream renewable 
49.16 	energy biofuels demonstration facility on 
49.17 	White Earth Reservation land to utilize 
49.18 	existing forest resources, woody biomass, 
49.19 	and cellulosic material to produce biofuels or 
49.20 	bioenergy, and (2) developing, harvesting, 
49.21 	and marketing native prairie plants and seeds 
49.22 	for bioenergy production. The grant recipient 
49.23 	must actively participate in the Agricultural 
49.24 	Utilization Research Institute's Renewable 
49.25 	Energy Roundtable and no later than 
49.26 	February 1, 2009, must report to the house 
49.27 	and senate committees with jurisdiction 
49.28 	over agriculture finance. This is a onetime 
49.29 	appropriation and is available until spent. 
49.30 	$200,000 the first year is for a grant to the Elk 
49.31 	River Economic Development Authority for 
49.32 	upfront engineering and a feasibility study 
49.33 	of the Elk River renewable fuels facility. 
49.34 	The facility must use a plasma gasification 
49.35 	process to convert primarily cellulosic 
49.36 	material, but may also use plastics and other 
50.1 	components from municipal solid waste, as 
50.2 	feedstock for the production of methanol 
50.3 	for use in biodiesel production facilities. 
50.4 	Any unencumbered balance in fiscal year 
50.5 	2008 does not cancel but is available for 
50.6 	fiscal year 2009. Notwithstanding Minnesota 
50.7 	Statutes, section 16A.285, the agency must 
50.8 	not transfer this appropriation. The grant 
50.9 	recipient must actively participate in the 
50.10 	Agricultural Utilization Research Institute's 
50.11 	Renewable Energy Roundtable and no 
50.12 	later than February 1, 2009, must report 
50.13 	to the house and senate committees with 
50.14 	jurisdiction over agriculture finance. This is 
50.15 	a onetime appropriation and is available until 
50.16 	spent. 
50.17 	$200,000 the first year is for a grant to 
50.18 	Chisago County to conduct a detailed 
50.19 	feasibility study of the economic and 
50.20 	technical viability of developing a 
50.21 	multistream renewable energy biofuels 
50.22 	demonstration facility in Chisago, Isanti, 
50.23 	or Pine County to utilize existing forest 
50.24 	resources, woody biomass, and cellulosic 
50.25 	material to produce biofuels or bioenergy. 
50.26 	Chisago County may expend funds to Isanti 
50.27 	and Pine Counties and the University of 
50.28 	Minnesota for any costs incurred as part 
50.29 	of the study. The feasibility study must 
50.30 	consider the capacity of: (1) the seed bank 
50.31 	at Wild River State Park to expand the 
50.32 	existing prairie grass, woody biomass, and 
50.33 	cellulosic material resources in Chisago, 
50.34 	Isanti, and Pine Counties; (2) willing and 
50.35 	interested landowners in Chisago, Isanti, and 
50.36 	Pine Counties to grow cellulosic materials; 
51.1 	and (3) the Minnesota Conservation Corps, 
51.2 	the sentence to serve program, and other 
51.3 	existing workforce programs in east central 
51.4 	Minnesota to contribute labor to these efforts. 
51.5 	The grant recipient must actively participate 
51.6 	in the Agricultural Utilization Research 
51.7 	Institute's Renewable Energy Roundtable and 
51.8 	no later than February 1, 2009, must report 
51.9 	to the house and senate committees with 
51.10 	jurisdiction over agriculture finance. This is 
51.11 	a onetime appropriation and is available until 
51.12 	spent. 

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

51.14 	Sec. 65. Laws 2007, chapter 45, article 1, section 3, subdivision 5, is amended to read:

51.15
51.16	Subd. 5. Administration and Financial 
Assistance
 		7,338,000 
		6,751,000 
	
51.17 	$1,005,000 the first year and $1,005,000 
51.18 	the second year are for continuation of 
51.19 	the dairy development and profitability 
51.20 	enhancement and dairy business planning 
51.21 	grant programs established under Laws 1997, 
51.22 	chapter 216, section 7, subdivision 2, and 
51.23 	Laws 2001, First Special Session chapter 2, 
51.24 	section 9, subdivision 2 . The commissioner 
51.25 	may allocate the available sums among 
51.26 	permissible activities, including efforts to 
51.27 	improve the quality of milk produced in the 
51.28 	state in the proportions that the commissioner 
51.29 	deems most beneficial to Minnesota's dairy 
51.30 	farmers. The commissioner must submit a 
51.31 	work plan detailing plans for expenditures 
51.32 	under this program to the chairs of the 
51.33 	house and senate committees dealing with 
51.34 	agricultural policy and budget on or before 
51.35 	the start of each fiscal year. If significant 
52.1 	changes are made to the plans in the course 
52.2 	of the year, the commissioner must notify the 
52.3 	chairs. 
52.4 	$50,000 the first year and $50,000 the 
52.5 	second year are for the Northern Crops 
52.6 	Institute. These appropriations may be spent 
52.7 	to purchase equipment. 
52.8 	$19,000 the first year and $19,000 the 
52.9 	second year are for a grant to the Minnesota 
52.10 	Livestock Breeders Association. 
52.11 	$250,000 the first year and $250,000 the 
52.12 	second year are for grants to the Minnesota 
52.13 	Agricultural Education Leadership Council 
52.14 	for programs of the council under Minnesota 
52.15 	Statutes, chapter 41D. 
52.16 	$600,000 the first year is for grants for 
52.17 	fertilizer research as awarded by the 
52.18 	Minnesota Agricultural Fertilizer Research 
52.19 	and Education Council under Minnesota 
52.20 	Statutes, section 18C.71. No later than 
52.21 	February 1, 2009, The amount available to 
52.22 	the commissioner pursuant to Minnesota 
52.23 	Statutes, section 18C.70, subdivision 2, for 
52.24 	administration of this activity is available 
52.25 	until February 1, 2009, by which time the 
52.26 	commissioner shall report to the house and 
52.27 	senate committees with jurisdiction over 
52.28 	agriculture finance. The report must include 
52.29 	the progress and outcome of funded projects 
52.30 	as well as the sentiment of the council 
52.31 	concerning the need for additional research 
52.32 	funded through an industry checkoff fee. 
52.33 	$465,000 the first year and $465,000 the 
52.34 	second year are for payments to county and 
52.35 	district agricultural societies and associations 
53.1 	under Minnesota Statutes, section 38.02, 
53.2 	subdivision 1. Aid payments to county and 
53.3 	district agricultural societies and associations 
53.4 	shall be disbursed not later than July 15 of 
53.5 	each year. These payments are the amount of 
53.6 	aid owed by the state for an annual fair held 
53.7 	in the previous calendar year. 
53.8 	$65,000 the first year and $65,000 the second 
53.9 	year are for annual grants to the Minnesota 
53.10 	Turf Seed Council for basic and applied 
53.11 	research on the improved production of 
53.12 	forage and turf seed related to new and 
53.13 	improved varieties. The grant recipient may 
53.14 	subcontract with a qualified third party for 
53.15 	some or all of the basic and applied research. 
53.16 	$500,000 the first year and $500,000 the 
53.17 	second year are for grants to Second Harvest 
53.18 	Heartland on behalf of Minnesota's six 
53.19 	Second Harvest food banks for the purchase 
53.20 	of milk for distribution to Minnesota's food 
53.21 	shelves and other charitable organizations 
53.22 	that are eligible to receive food from the food 
53.23 	banks. Milk purchased under the grants must 
53.24 	be acquired from Minnesota milk processors 
53.25 	and based on low-cost bids. The milk must be 
53.26 	allocated to each Second Harvest food bank 
53.27 	serving Minnesota according to the formula 
53.28 	used in the distribution of United States 
53.29 	Department of Agriculture commodities 
53.30 	under The Emergency Food Assistance 
53.31 	Program (TEFAP). Second Harvest 
53.32 	Heartland must submit quarterly reports 
53.33 	to the commissioner on forms prescribed 
53.34 	by the commissioner. The reports must 
53.35 	include, but are not limited to, information 
53.36 	on the expenditure of funds, the amount 
54.1 	of milk purchased, and the organizations 
54.2 	to which the milk was distributed. Second 
54.3 	Harvest Heartland may enter into contracts 
54.4 	or agreements with food banks for shared 
54.5 	funding or reimbursement of the direct 
54.6 	purchase of milk. Each food bank receiving 
54.7 	money from this appropriation may use up to 
54.8 	two percent of the grant for administrative 
54.9 	expenses. 
54.10 	$100,000 the first year and $100,000 the 
54.11 	second year are for transfer to the Board of 
54.12 	Trustees of the Minnesota State Colleges and 
54.13 	Universities for mental health counseling 
54.14 	support to farm families and business 
54.15 	operators through farm business management 
54.16 	programs at Central Lakes College and 
54.17 	Ridgewater College. 
54.18 	$18,000 the first year and $18,000 the 
54.19 	second year are for grants to the Minnesota 
54.20 	Horticultural Society. 
54.21 	$50,000 is for a grant to the University of 
54.22 	Minnesota, Department of Horticultural 
54.23 	Science, Enology Laboratory, to upgrade 
54.24 	and purchase instrumentation to allow 
54.25 	rapid and accurate measurement of enology 
54.26 	components. This is a onetime appropriation 
54.27 	and is available until expended.

54.28 	Sec. 66. AGRICULTURAL AND OPEN SPACE PRESERVATION TASK 
54.29 	FORCE.
 54.30 	An agricultural and open space preservation task force is created to study state and 
54.31 	local policies and incentives related to encouraging farms, privately owned forest lands, 
54.32 	and other privately owned open spaces to be preserved. The task force shall consist of two 
54.33 	members of the senate appointed by the Subcommittee on Committees of the Committee 
54.34 	on Rules and Administration, including one member of the minority; one member of the 
55.1 	majority party in the house of representatives, appointed by the speaker of the house of 
55.2 	representatives, and one member of the minority party in the house of representatives 
55.3 	appointed by the minority leader; and one representative each from the Association of 
55.4 	Minnesota Counties, the League of Minnesota Cities, and the Minnesota Association of 
55.5 	Townships. The task force shall consult with representatives of agricultural groups such as 
55.6 	Farm Bureau and Farmer's Union, the commissioners of agriculture and natural resources, 
55.7 	the executive director of the Board of Soil and Water Resources, and other state agencies 
55.8 	as needed and may consult with other interested parties. No public member of the task 
55.9 	force shall be entitled to compensation or reimbursements for expenses. Appointments 
55.10 	shall be made by July 1, 2008, and the first meeting shall be convened by agreement of 
55.11 	the senate members no later than August 1, 2008. The task force shall elect a chair from 
55.12 	among its members at the first meeting. The task force must report its findings with 
55.13 	recommendations for proposed legislation to the chair and ranking minority member of 
55.14 	the committees in the house of representatives and senate with jurisdiction over land use 
55.15 	planning no later than January 30, 2009. The task force shall expire on June 30, 2009. 

55.16 	Sec. 67. PROPOSAL; PETROLEUM INSPECTION FEE REVENUE.
 55.17 	The commissioners of finance, commerce, and pollution control must develop and 
55.18 	submit to the legislature as part of their next biennial budget request a proposal for 
55.19 	eliminating, to the extent feasible, redundant fuel inspections and dedicating, to the extent 
55.20 	feasible, all revenue from the petroleum inspection fee levied on petroleum products under 
55.21 	Minnesota Statutes, section 239.101, subdivision 3, to the Weights and Measures Division 
55.22 	of the Department of Commerce. All additional funding appropriated to the Weights and 
55.23 	Measures Division under this proposal must be used for increased and enhanced fuel 
55.24 	quality assurance enforcement activities and equipment and for educational activities 
55.25 	focused on the handling, distribution, and use of biodiesel fuel.

55.26 	Sec. 68. TECHNICAL COLD WEATHER ISSUES.
 55.27 	The commissioners of agriculture and commerce shall consult with stakeholders 
55.28 	who are technical experts in cold weather biodiesel and petroleum diesel issues to 
55.29 	consider and make recommendations regarding improvements in the production, blending, 
55.30 	handling, and distribution of biodiesel blends to further ensure the performance of these 
55.31 	fuels in cold weather. The commissioners shall issue a report on these issues by February 
55.32 	15, 2009, to the chairs and ranking minority members of the legislature with jurisdiction 
55.33 	over agriculture and commerce policy and finance.

56.1 	Sec. 69. BIOBASED DIESEL ALTERNATIVES.
 56.2 	By January 15, 2011, the commissioners of agriculture, commerce, and pollution 
56.3 	control shall consult with a broad range of stakeholders with technical expertise to 
56.4 	develop and present recommendations to the NextGen Energy Board and to the chairs and 
56.5 	ranking minority members of the Environment, Agriculture, Transportation, and Energy 
56.6 	Policy and Finance Committees for the use of biobased diesel alternatives in the state, 
56.7 	after reviewing the technology, economics, and operational characteristics associated 
56.8 	with their use. For the purposes of this section, "biobased diesel alternatives" means 
56.9 	alternatives to petroleum diesel fuel that are warrantied for use in a standard diesel engine 
56.10 	without modification and derived from a biological resource. The commissioners may 
56.11 	not recommend the use of a biobased diesel alternative for which an ASTM specification 
56.12 	has not been developed, and which does not provide at least the equivalent environmental 
56.13 	emissions benefits and local economic development potential as biodiesel produced using 
56.14 	feedstocks grown or raised in the United States and Canada.

56.15 	Sec. 70. 2008 FAMILY MOTOR COACH ASSOCIATION EVENT.
 56.16 	For the 2008 Family Motor Coach Association event held on the State Fair grounds, 
56.17 	the fee the State Agricultural Society must obtain for expansion of the recreational 
56.18 	camping area license, as required in Minnesota Statutes, section 327.15, shall be 50 
56.19 	percent of the primary license fee prescribed in Minnesota Rules, part 4630.2000.

56.20 	Sec. 71. VIRAL HEMORRHAGIC SEPTICEMIA TESTING.
 56.21 	The commissioner of natural resources shall form a work group with the 
56.22 	commissioners of agriculture and health and develop a plan for detecting and responding 
56.23 	to the presence of the fish virus Viral Hemorrhagic Septicemia (VHS) in Minnesota. The 
56.24 	plan must cover how the joint laboratory facility at the Departments of Agriculture and 
56.25 	Health may be used to provide testing needed to diagnose and respond to VHS. No later 
56.26 	than January 5, 2009, the commissioner of natural resources shall present the plan to 
56.27 	the chairs of the house and senate committees with jurisdiction over agriculture, health, 
56.28 	and natural resources policy and finance.

56.29 	Sec. 72. NEXTGEN 2007 APPROPRIATION MODIFICATION.
 56.30 	Up to $300,000 of the amount appropriated to the commissioner of agriculture for 
56.31 	bioenergy grants under Laws 2007, chapter 45, article 1, section 3, subdivision 4, is for 
56.32 	cold weather biodiesel blending infrastructure grants to facilities that serve Minnesota.

57.1 	Sec. 73. 2007 APPROPRIATION MODIFICATION.
 57.2 	The commissioner may use up to $100,000 of the amount appropriated for dairy 
57.3 	development and profitability enhancement and dairy business planning grants in fiscal 
57.4 	year 2009 under Laws 2007, chapter 45, article 1, section 3, subdivision 5, for activities 
57.5 	related to marketing, business planning, and educational efforts to assist all livestock 
57.6 	operations located within a bovine tuberculosis modified accredited zone, as designated by 
57.7 	the United States Department of Agriculture.

57.8 	ARTICLE 2
57.9 	VETERANS POLICY

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

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

57.15 	Sec. 2. Minnesota Statutes 2006, section 168.1255, subdivision 1, is amended to read:
57.16 		Subdivision 1.General requirements and procedures. The commissioner shall 
57.17 	issue special veteran contribution plates or a single motorcycle plate to an applicant who:
57.18 	(1) is a veteran, as defined in section 197.447;
57.19 	(2) is a registered owner of a passenger automobile or motorcycle;
57.20 	(3) pays a fee of $10 to cover the costs of handling and manufacturing the plates;
57.21 	(4) pays the registration tax required under section 168.013;
57.22 	(5) pays the fees required under this chapter;
57.23 	(6) pays an additional onetime World War II memorial contribution of $30, which 
57.24 	the department shall retain until all start-up costs associated with the development and 
57.25 	issuing of the plates have been recovered, after which the commissioner shall deposit 
57.26 	contributions in the World War II donation match account; and
57.27 	(7) complies with this chapter and rules governing the registration of motor vehicles 
57.28 	and licensing of drivers.

57.29 	Sec. 3. Minnesota Statutes 2006, section 168.1255, is amended by adding a subdivision 
57.30 	to read:
57.31 		Subd. 1a.Motorcycle plate. A motorcycle plate issued under this section must be 
57.32 	the same size as a regular motorcycle plate.

58.1 	Sec. 4. Minnesota Statutes 2006, section 168.1255, subdivision 3, is amended to read:
58.2 		Subd. 3.Plate transfers. Despite section 168.12, subdivision 1, on payment of a 
58.3 	transfer fee of $5, plates issued under this section may be transferred to another passenger 
58.4 	automobile registered to the individual to whom the veteran contribution plates were 
58.5 	issued, or a single motorcycle plate may be transferred to another motorcycle registered to 
58.6 	the individual to whom the plate was issued.

58.7 	Sec. 5. Minnesota Statutes 2006, section 168.1255, is amended by adding a subdivision 
58.8 	to read:
58.9 		Subd. 6.World War II memorial donation match account. Money remaining 
58.10 	in the World War II memorial donation match account after the state share of the 
58.11 	construction costs of the World War II memorial has been paid in full is appropriated to the 
58.12 	commissioner of veterans affairs for services and programs for veterans and their families.

58.13 	Sec. 6. [192.056] PROTECTION OF RESERVIST-OWNED BUSINESS DURING 
58.14 	ACTIVE SERVICE.
58.15 		Subdivision 1.Definitions. (a) The definitions in this subdivision apply to this 
58.16 	section.
58.17 	(b) "Active service" has the meaning given in section 190.05, subdivision 5.
58.18 	(c) "Business" means a business wholly owned by a qualified service member, or 
58.19 	jointly by the member and the member's spouse, irrespective of whether the business 
58.20 	is a sole proprietorship, corporation, limited liability company, partnership, limited 
58.21 	partnership, or other type of business entity.
58.22 	(d) "Qualified service member" means a Minnesota resident who is serving 
58.23 	honorably as a member of the Minnesota National Guard or any other military reserve 
58.24 	unit of the United States armed forces who has been ordered into active service for a 
58.25 	period of 60 days or longer.
58.26 		Subd. 2.Protection provided. (a) Notwithstanding any other law or rule to the 
58.27 	contrary, the business of a qualified service member may be exempted from civil court 
58.28 	proceedings for part or all of the period of the member's active military service and for up 
58.29 	to 60 days thereafter, as provided in this section.
58.30 	(b) If the business of a qualified service member is a defendant in a civil action, the 
58.31 	court may, on its own motion, grant a stay in the proceedings for a minimum of 60 days. 
58.32 	The court, on its own motion, may renew the stay as the court considers appropriate. If the 
58.33 	qualified service member petitions the court in any manner for a stay, the court must grant 
58.34 	a stay for a minimum of 60 days, provided that:
59.1 	(1) the service member submits to the court a letter or other communication setting 
59.2 	forth facts stating the manner in which current military duty requirements materially affect 
59.3 	the service member's ability to appear or otherwise participate in the proceedings, and 
59.4 	stating a date when the service member will be available to appear or otherwise participate 
59.5 	in the proceedings; and
59.6 	(2) the service member submits a letter or other communication from the service 
59.7 	member's commanding officer stating that the service member's current military duty 
59.8 	prevents appearance and that military leave is not authorized for the service member 
59.9 	at the time of the letter.
59.10 	(c) A service member's communication with the court requesting a stay does not 
59.11 	constitute an appearance for jurisdictional purposes and does not constitute a waiver of 
59.12 	any substantive or procedural defense, including a defense relating to lack of personal 
59.13 	jurisdiction.
59.14 	(d) A qualified service member who is granted a stay in the action or proceedings 
59.15 	against the member's business may in any manner request from the court an additional 
59.16 	stay, which the court may grant if the service member can show to the satisfaction of 
59.17 	the court that the member's military requirements affect the member's ability to appear. 
59.18 	However, the court is not obligated to grant the additional stay. If the court refuses to 
59.19 	grant an additional stay, the court must provide the service member with information 
59.20 	enabling the service member to acquire qualified legal counsel, at the service member's 
59.21 	discretion, for defending the action.
59.22 	(e) If a default judgment is entered in a civil action against the business of a qualified 
59.23 	service member during the service member's period of active military service, or within 60 
59.24 	days following termination of or release from the active military service, the court entering 
59.25 	the judgment must, upon application by or on behalf of the service member, reopen the 
59.26 	judgment for the purpose of allowing the member to defend the action if it appears that:
59.27 	(1) the service member was materially affected by reason of that military service in 
59.28 	making a defense to the action; and
59.29 	(2) the service member has a meritorious or legal defense to the action or some 
59.30 	part of it.

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

59.33 	Sec. 7. Minnesota Statutes 2006, section 192.20, is amended to read:
59.34 	192.20 BREVET RANK.
60.1 		Subdivision 1.Personnel eligible for brevet promotion. (a) Officers, warrant 
60.2 	officers, and enlisted persons of the National Guard who have, after ten years active 
60.3 	service, resigned or retired for physical disability or otherwise, may in the discretion of the 
60.4 	commander-in-chief, on the recommendation of the adjutant general, be commissioned 
60.5 	by brevet, in the next higher grade than that held by them at the time of their resignation 
60.6 	or retirement. 
60.7 	(b) Officers, warrant officers, or enlisted persons of the National Guard who die 
60.8 	while in state or federal active service, as defined in section 190.05, or former officers, 
60.9 	warrant officers, or enlisted persons of the National Guard who die as a result of injuries 
60.10 	or other conditions incurred or aggravated while in such service may, in the discretion of 
60.11 	the commander-in-chief, on the recommendation of the adjutant general, be commissioned 
60.12 	by brevet, in the next higher grade than that held by them at the time of their death.
60.13 	(c) If a service member is wounded or killed after a battlefield commission has 
60.14 	been approved and was pending, or if a service member was enrolled in an officer 
60.15 	commissioning program at the time of injury or death, the person may be breveted at the 
60.16 	rank of second lieutenant or ensign, as appropriate, following separation or discharge 
60.17 	from military service.
60.18 		Subd. 2.Effect of brevet rank. Brevet rank shall be considered strictly honorary 
60.19 	and shall confer no privilege of precedence or command, nor pay any emoluments. Brevet 
60.20 	officers, warrant officers, and enlisted persons may wear the uniform of their brevet grade 
60.21 	on occasions of ceremony.

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

60.23 	Sec. 8. [192.325] DISCRIMINATION AGAINST FAMILY OF SERVICE 
60.24 	MEMBER; UNPAID LEAVE REQUIRED.
60.25 	An employer may not:
60.26 	(1) discharge from employment or take adverse employment action against any 
60.27 	employee because of the membership of that employee's spouse, parent, or child in the 
60.28 	military forces of the United States, of this state, or any other state; or
60.29 	(2) discharge from employment, take adverse employment action against, or 
60.30 	otherwise hinder an employee from attending the following kinds of events relating to the 
60.31 	military service of the employee's spouse, parent, or child and to which the employee is 
60.32 	invited or otherwise called upon to attend by proper military authorities:
60.33 	(i) departure or return ceremonies for deploying or returning military personnel 
60.34 	or units;
60.35 	(ii) family training or readiness events sponsored or conducted by the military; and
61.1 	(iii) events held as part of official military reintegration programs.
61.2 	The employee must provide reasonable notice to the employer when requesting 
61.3 	time off, and the employer must provide a reasonable amount of nonpaid time off for the 
61.4 	employee, for the purposes enumerated in items (i) to (iii), not to exceed two consecutive 
61.5 	days or six days in a calendar year. The employer must not compel the employee to use 
61.6 	accumulated but unused vacation for these events. 
61.7 	Section 645.241 does not apply to this section.

61.8 	EFFECTIVE DATE. This section is effective August 1, 2008, and applies to 
61.9 	employment action occurring on or after that date.

61.10 	Sec. 9. Minnesota Statutes 2006, section 196.021, is amended to read:
61.11 	196.021 DEPUTY COMMISSIONERS; DUTIES.
61.12 		Subdivision 1.Appointment. The commissioner shall appoint a deputy 
61.13 	commissioner for veteran services as provided in subdivision 2, and the board of directors 
61.14 	of the Minnesota Veterans Homes may appoint a deputy commissioner for veteran health 
61.15 	care as provided in section 198.004. Both deputy commissioners serve in the unclassified 
61.16 	service, the deputy for veteran services at the pleasure of the commissioner and the deputy 
61.17 	for veteran health care at the pleasure of the board. Both deputies shallmust be residents 
61.18 	of Minnesota, citizens of the United States, and veterans as defined in section 197.447. 
61.19 		Subd. 2.Deputy for veteran services; Powers and duties. The deputy 
61.20 	commissioner for veteran services hasand the deputy commissioner for veteran health 
61.21 	care have those powers delegated by the commissioner that have not otherwise been 
61.22 	delegated to the deputy commissioner for veteran health care by the commissioner or 
61.23 	assigned to that deputy commissioner by law. A delegation must be in writing, signed 
61.24 	by the commissioner, and filed with the secretary of state.

61.25 	Sec. 10. Minnesota Statutes 2006, section 196.03, is amended to read:
61.26 	196.03 OFFICERS AND EMPLOYEES.
61.27 	Except as provided in chapter 198, All officers and employees of the department 
61.28 	shall be appointed by the commissioner and they shall perform such duties as may be 
61.29 	assigned to them by the commissioner.

61.30 	Sec. 11. [196.30] VETERANS HEALTH CARE ADVISORY COUNCIL.
61.31 		Subdivision 1.Creation. The Veterans Health Care Advisory Council is established 
61.32 	to provide the Department of Veterans Affairs with advice and recommendations on 
62.1 	providing veterans with quality long-term care and the anticipated future needs of 
62.2 	Minnesota veterans. 
62.3 		Subd. 2.Membership.  (a) The council consists of nine public members appointed 
62.4 	by the governor. The council members are: 
62.5 	(1) seven members with extensive expertise in health care delivery, long-term care, 
62.6 	and veterans services;
62.7 	(2) one licensed clinician who may be either a physician, physician's assistant, or 
62.8 	a nurse practitioner; and
62.9 	(3) one additional member.
62.10 	(b) The governor shall designate a member to serve as the chair.
62.11 	(c) The commissioner of veterans affairs, or the commissioner's designee, is an ex 
62.12 	officio, nonvoting member of the council and shall provide necessary and appropriate 
62.13 	administrative and technical support to the council.
62.14 	(d) Membership terms, removal of members, and the filling of vacancies are as 
62.15 	provided in section 15.059, subdivisions 2 and 4. Members shall not receive compensation 
62.16 	or per diem payments, but may receive reimbursement for expenses pursuant to section 
62.17 	15.059, subdivision 3.
62.18 		Subd. 3.Duties.  The council is an advisory group with the responsibility of 
62.19 	providing the commissioner of veterans affairs with information and professional expertise 
62.20 	on the delivery of quality long-term care to veterans. The council's duties include:
62.21 	(1) developing a new vision and strategic plan for the veterans homes that 
62.22 	complements the Department of Veterans Affairs overall veterans service programs;
62.23 	(2) providing recommendations and advice on matters including clinical 
62.24 	performance, systemwide quality improvement efforts, culture and working environment 
62.25 	of the veterans homes, and other operational and organizational functions of the veterans 
62.26 	homes;
62.27 	(3) studying and reviewing current issues and trends in the long-term care industry 
62.28 	and the veterans community;
62.29 	(4) providing recommendations to the commissioner on alternative options for the 
62.30 	delivery of long-term care to veterans so that veterans and their families can determine 
62.31 	appropriate services under models similar to those available in the community;
62.32 	(5) establishing, as appropriate, subcommittees or ad hoc task forces of council 
62.33 	members, stakeholders, and other individuals with expertise or experience to address 
62.34 	specific issues; and 
62.35 	(6) reviewing and providing advice on any other matter at the request of the 
62.36 	commissioner.
63.1 		Subd. 4.Expiration. Notwithstanding section 15.059, subdivision 4, the council 
63.2 	expires June 30, 2013.

63.3 	Sec. 12. [197.225] LIST OF DECEASED MILITARY PERSONNEL.
63.4 	(a) The commissioner of veterans affairs shall collect and maintain data about 
63.5 	Minnesota residents who have died of service-connected causes while serving in the 
63.6 	United States armed forces. The data may include deceased service members who are 
63.7 	the immediate family members of Minnesota residents, but who themselves were not 
63.8 	Minnesota residents at the time of death. The commissioner shall collect the following 
63.9 	data: the individual's full name, military rank, branch of service, age at the time of death, 
63.10 	and Minnesota hometown or if not a Minnesota resident at the time of death, the service 
63.11 	member's home state.
63.12 	(b) Data collected pursuant to this section are nonpublic data, but may be 
63.13 	disseminated to the individual's next of kin, and for ceremonial or honorary purposes to 
63.14 	veterans' organizations, civic organizations, the news media, and researchers. No other 
63.15 	use or dissemination of the data is permitted.
63.16 	(c) The next of kin of a veteran whose data is collected may request that the data 
63.17 	not be disseminated for any purpose. Upon receiving such a request, the Department of 
63.18 	Veterans Affairs must exclude the deceased veteran's data from any data disseminated for 
63.19 	ceremonial or honorary purposes as permitted by paragraph (b).
63.20 	(d) Data collected pursuant to this section shall not be indicative of any person's 
63.21 	status with regard to qualification for veterans benefits or other benefits.

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

63.23 	Sec. 13. Minnesota Statutes 2006, section 197.236, is amended to read:
63.24 	197.236 VETERANS CEMETERY STATE VETERANS CEMETERIES.
63.25 		Subd. 3.Operation and maintenance. The commissioner of veterans affairs shall 
63.26 	supervise and control the veterans cemetery cemeteries established under this section. The 
63.27 	cemeteries are to be maintained and operated in accordance with the operational standards 
63.28 	and measures of the National Cemetery Administration. The commissioner may contract 
63.29 	for the maintenance and operation of the cemetery cemeteries. All personnel, equipment, 
63.30 	and support necessary for maintenance and operation of the cemetery cemeteries must be 
63.31 	included in the department's budget.
63.32 		Subd. 5.Rules. The commissioner of veterans affairs may adopt rules regarding the 
63.33 	operation of the cemetery cemeteries. If practicable, The commissioner shall require that 
64.1 	upright granite markers supplied by the United States Department of Veterans Affairs be 
64.2 	used to mark all gravesites.
64.3 		Subd. 6.Permanent development and maintenance account. A veterans 
64.4 	cemetery development and maintenance account is established in the special revenue 
64.5 	fund of the state treasury. Receipts for burial fees, earnings from the veterans cemetery 
64.6 	trust account plot or interment allowance claims, designated appropriations, and any 
64.7 	other cemetery receipts must be deposited into this account. The money in the account, 
64.8 	including interest earned, is appropriated to the commissioner to be used for the 
64.9 	development, operation, maintenance, and improvement of the cemetery cemeteries. 
64.10 	To the extent practicable, the commissioner of veterans affairs must apply for available 
64.11 	federal grants for the development and operation of the cemetery to establish, expand, or 
64.12 	improve the cemeteries.
64.13 		Subd. 7.Permanent trust account. A veterans cemetery trust account is 
64.14 	established in the special revenue fund of the state treasury. All designated appropriations 
64.15 	and monetary donations to the cemetery must be placed in this account. The principal of 
64.16 	this account must be invested by the State Board of Investment and may not be spent. The 
64.17 	income from this account must be transferred as directed by the account manager to the 
64.18 	veterans cemetery development and maintenance account.
64.19 		Subd. 8.Eligibility. Any person who is eligible for burial in a national veterans 
64.20 	cemetery is eligible for burial in the State Veterans Cemetery Cemeteries must be operated 
64.21 	solely for the burial of service members who die on active duty, eligible veterans, and 
64.22 	their spouses and dependent children, as defined in United States Code, title 38, section 
64.23 	101, paragraph (2).
64.24 		Subd. 9.Burial fees. The commissioner of veterans affairs shall establish a fee 
64.25 	schedule, which may be adjusted from time to time, for the interment of eligible family 
64.26 	members spouses and dependent children. The fees shall cover as nearly as practicable 
64.27 	the actual costs of interment, excluding the value of the plot. The department may accept 
64.28 	the Social Security burial allowance, if any, of the eligible family members in an amount 
64.29 	not to exceed the actual cost of the interment. The commissioner may waive the fee 
64.30 	in the case of an indigent eligible person.
64.31 	No plot or interment fees may be charged for the burial of eligible veterans, members 
64.32 	of the National Guard, or military reservists, except that funds available from the Social 
64.33 	Security or veterans burial allowances, if any, must be paid to the commissioner in an 
64.34 	amount not to exceed the actual cost of the interment, excluding the value of the plot
64.35 	service members who die on active duty or eligible veterans, as defined in United States 
64.36 	Code, title 38, section 101, paragraph (2).
65.1 	Prior to the interment of an eligible person, the commissioner shall request the 
65.2 	cooperation of the eligible person's next of kin in applying to the appropriate federal 
65.3 	agencies for payment to the cemetery of any allowable interment allowance.
65.4 		Subd. 10.Allocation of plots. A person, or survivor of a person, eligible for 
65.5 	interment in the State Veterans Cemetery may apply for a burial plot for the eligible 
65.6 	person by submitting a request to the commissioner of veterans affairs on a form supplied 
65.7 	by the department. The department shall allot plots on a first-come, first-served basis. To 
65.8 	the extent that it is practical, plots must be allocated in a manner permitting the burial of 
65.9 	eligible family members above, below, or adjacent to the eligible veteran, member of 
65.10 	the National Guard, or military reservist.
65.11 		Subd. 11.Plot allowance claims. The commissioner of veterans affairs must apply 
65.12 	to the Veterans Benefits Administration for a plot or interment allowance payable to the 
65.13 	state for expenses incurred by the state in the burial of eligible veterans in cemeteries 
65.14 	owned and operated by the state if the burial is performed at no cost to the veteran's 
65.15 	next of kin.
65.16 		Subd. 12.No staff. No staff may be hired for any new veterans cemetery without 
65.17 	explicit legislative approval.

65.18 	Sec. 14. Minnesota Statutes 2007 Supplement, section 197.791, subdivision 1, is 
65.19 	amended to read:
65.20 		Subdivision 1.Definitions.  (a) The definitions in this subdivision apply to this 
65.21 	section. 
65.22 	(b) "Commissioner" means the commissioner of veterans affairs, unless otherwise 
65.23 	specified.
65.24 	(c) "Cost of attendance" for both graduate and undergraduate students has the 
65.25 	meaning given in section 136A.121, subdivision 6, multiplied by a factor of 1.1 1.2. 
65.26 	The Cost of attendance for graduate students has the meaning given in section 136A.121, 
65.27 	subdivision 6, multiplied by a factor of 1.2, using the tuition and fee maximum established 
65.28 	by law for four-year programs shall be used to calculate the tuition and fee maximum 
65.29 	under section 136A.121, subdivision 6, for a graduate student. For purposes of calculating 
65.30 	the cost of attendance for graduate students, full time is eight credits or more per term or 
65.31 	the equivalent.
65.32 	(d) "Child" means a natural or adopted child of a person described in subdivision 4, 
65.33 	paragraph (a), clause (1), item (i) or (ii).
66.1 	(e) "Eligible institution" means a postsecondary institution under section 136A.101, 
66.2 	subdivision 4, or a graduate school licensed or registered with the state of Minnesota 
66.3 	serving only graduate students.
66.4 	(f) "Program" means the Minnesota GI Bill program established in this section, 
66.5 	unless otherwise specified.
66.6 	(g) "Time of hostilities" means any action by the armed forces of the United States 
66.7 	that is recognized by the issuance of a presidential proclamation or a presidential executive 
66.8 	order in which the armed forces expeditionary medal or other campaign service medals 
66.9 	are awarded according to presidential executive order, and any additional period or place 
66.10 	that the commissioner determines and designates, after consultation with the United States 
66.11 	Department of Defense, to be a period or place where the United States is in a conflict that 
66.12 	places persons at such a risk that service in a foreign country during that period or in that 
66.13 	place should be considered to be included.
66.14 	(h) "Veteran" has the meaning given in section 197.447. Veteran also includes 
66.15 	a service member who has received an honorable discharge after leaving each period of 
66.16 	federal active duty service and has: 
66.17 	(1) served 90 days or more of federal active duty in a foreign country during a time 
66.18 	of hostilities in that country; or
66.19 	(2) been awarded any of the following medals:
66.20 	(i) Armed Forces Expeditionary Medal;
66.21 	(ii) Kosovo Campaign Medal;
66.22 	(iii) Afghanistan Campaign Medal;
66.23 	(iv) Iraq Campaign Medal;
66.24 	(v) Global War on Terrorism Expeditionary Medal; or
66.25 	(vi) any other campaign medal authorized for service after September 11, 2001; or
66.26 	(2)(3)  received a service-related medical discharge from any period of service in a 
66.27 	foreign country during a time of hostilities in that country.
66.28 	A service member who has fulfilled the requirements for being a veteran under this 
66.29 	paragraph but is still serving actively in the United States armed forces is also a veteran 
66.30 	for the purposes of this section.

66.31 	Sec. 15. Minnesota Statutes 2007 Supplement, section 197.791, subdivision 4, is 
66.32 	amended to read:
66.33 		Subd. 4.Eligibility. (a) A person is eligible for educational assistance under this 
66.34 	section if:
66.35 	(1) the person is:
67.1 	(i) a veteran who is serving or has served honorably in any branch or unit of the 
67.2 	United States armed forces at any time on or after September 11, 2001;
67.3 	(ii) a nonveteran who has served honorably for a total of five years or more 
67.4 	cumulatively as a member of the Minnesota National Guard or any other active or reserve 
67.5 	component of the United States armed forces, and any part of that service occurred on or 
67.6 	after September 11, 2001;
67.7 	(iii) the surviving spouse or child of a person who has served in the military at any 
67.8 	time on or after September 11, 2001, and who has died as a direct result of that military 
67.9 	service; or
67.10 	(iv) the spouse or child of a person who has served in the military at any time on or 
67.11 	after September 11, 2001, and who has a total and permanent service-connected disability 
67.12 	as rated by the United States Veterans Administration;
67.13 	(2) the person providing the military service described in clause (1), items (i) to (iv), 
67.14 	was a Minnesota resident within six months of the time of the person's initial enlistment or 
67.15 	any reenlistment in the United States armed forces;
67.16 	(3)(2) the person receiving the educational assistance is a Minnesota resident, as 
67.17 	defined in section 136A.101, subdivision 8; and
67.18 	(4)(3) the person receiving the educational assistance: 
67.19 	(i) is an undergraduate or graduate student at an eligible institution;
67.20 	(ii) is maintaining satisfactory academic progress as defined by the institution for 
67.21 	students participating in federal Title IV programs;
67.22 	(iii) is enrolled in an education program leading to a certificate, diploma, or degree 
67.23 	at an eligible institution; 
67.24 	(iv) has applied for educational assistance under this section prior to the end of the 
67.25 	academic term for which the assistance is being requested;
67.26 	(v) is in compliance with child support payment requirements under section 
67.27 	136A.121, subdivision 2, clause (5); and
67.28 	(vi) if an undergraduate student, has applied for the federal Pell Grant and the 
67.29 	Minnesota State Grant has completed the Free Application for Federal Student Aid 
67.30 	(FAFSA).
67.31 	(b) A person's eligibility terminates when the person becomes eligible for benefits 
67.32 	under section 135A.52.
67.33 	(c) To determine eligibility, the commissioner may require official documentation, 
67.34 	including the person's federal form DD-214 or other official military discharge papers; 
67.35 	correspondence from the United States Veterans Administration; birth certificate; marriage 
67.36 	certificate; proof of enrollment at an eligible institution; signed affidavits; proof of 
68.1 	residency; proof of identity; or any other official documentation the commissioner 
68.2 	considers necessary to determine eligibility.
68.3 	(d) The commissioner may deny eligibility or terminate benefits under this section 
68.4 	to any person who has not provided sufficient documentation to determine eligibility for 
68.5 	the program. An applicant may appeal the commissioner's eligibility determination or 
68.6 	termination of benefits in writing to the commissioner at any time. The commissioner 
68.7 	must rule on any application or appeal within 30 days of receipt of all documentation that 
68.8 	the commissioner requires. The decision of the commissioner regarding an appeal is final. 
68.9 	However, an applicant whose appeal of an eligibility determination has been rejected by 
68.10 	the commissioner may submit an additional appeal of that determination in writing to the 
68.11 	commissioner at any time that the applicant is able to provide substantively significant 
68.12 	additional information regarding the applicant's eligibility for the program. An approval 
68.13 	of an applicant's eligibility by the commissioner following an appeal by the applicant is 
68.14 	not retroactively effective for more than one year or the semester of the person's original 
68.15 	application, whichever is later.
68.16 	(e) Upon receiving an application with insufficient documentation to determine 
68.17 	eligibility, the commissioner must notify the applicant within 30 days of receipt of the 
68.18 	application that the application is being suspended pending receipt by the commissioner of 
68.19 	sufficient documentation from the applicant to determine eligibility.

68.20 	Sec. 16. Minnesota Statutes 2007 Supplement, section 197.791, subdivision 5, is 
68.21 	amended to read:
68.22 		Subd. 5.Benefit amount. (a) On approval by the commissioner of eligibility for 
68.23 	the program, the applicant shall be awarded, on a funds-available basis, the educational 
68.24 	assistance under the program for use at any time according to program rules at any 
68.25 	eligible institution.
68.26 	(b) The amount of educational assistance in any semester or term for an eligible 
68.27 	person must be determined by subtracting from the eligible person's cost of attendance the 
68.28 	amount the person received or was eligible to receive in that semester or term from:
68.29 	(1) the federal Pell Grant;
68.30 	(2) the state grant program under section 136A.121; and 
68.31 	(3) any federal military or veterans educational benefits including but not limited 
68.32 	to the Montgomery GI Bill, GI Bill Kicker, the federal tuition assistance program, 
68.33 	vocational rehabilitation benefits, and any other federal benefits associated with the 
68.34 	person's status as a veteran, except veterans disability payments from the United States 
68.35 	Veterans Administration.
69.1 	(c) The amount of educational assistance for any eligible person who is a full-time 
69.2 	student must not exceed the following:
69.3 	(1) $1,000 per semester or term of enrollment;
69.4 	(2) $2,000 $3,000 per state fiscal year; and
69.5 	(3) $10,000 in a lifetime.
69.6 	For a part-time student, the amount of educational assistance must not exceed $500 
69.7 	per semester or term of enrollment. For the purpose of this paragraph, a part-time 
69.8 	undergraduate student is a student taking fewer than 12 credits or the equivalent for a 
69.9 	semester or term of enrollment and a part-time graduate student is a student considered 
69.10 	part time by the eligible institution the graduate student is attending. The minimum award 
69.11 	for undergraduate and graduate students is $50 per term.

69.12 	Sec. 17. Minnesota Statutes 2006, section 198.32, subdivision 1, is amended to read:
69.13 		Subdivision 1.Resident's rights. A resident of a Minnesota veterans home has the 
69.14 	right to complain and otherwise exercise freedom of expression and assembly which is 
69.15 	guaranteed by amendment I of the United States Constitution. The administrator of the 
69.16 	home shall inform each resident in writing at the time of admission of the right to complain 
69.17 	to the administrator about home accommodations and services. A notice of the right to 
69.18 	complain shall be posted in the home. The administrator shall also inform each resident of 
69.19 	the right to complain to the board or to the commissioner of veterans affairs. Each resident 
69.20 	of a home shall be encouraged and assisted, throughout the period of stay in the home, to 
69.21 	understand and exercise the rights of freedom of expression and assembly as a resident 
69.22 	and as a citizen, and, to this end, the resident may voice grievances and recommend 
69.23 	changes in policies and services to home staff, other residents, and outside representatives 
69.24 	of the resident's choice, free from restraint, interference, coercion, discrimination, or 
69.25 	reprisal, including retaliatory eviction.

69.26 	Sec. 18. RULES TRANSFER.
 69.27 	Minnesota Rules, chapter 9050, is transferred from the Veterans Homes Board of 
69.28 	Directors to the commissioner of veterans affairs. The commissioner shall administer and 
69.29 	enforce those rules and may amend or repeal them.

69.30 	Sec. 19. APPOINTMENTS.
 69.31 	Notwithstanding Minnesota Statutes, section 196.30, subdivision 2, paragraph (d), 
69.32 	the governor may make the initial appointments to the Veterans Health Care Advisory 
70.1 	Council under Executive Order 07-20 without complying with the appointment process in 
70.2 	Minnesota Statutes, section 15.0597.

70.3 	Sec. 20. OMBUDSMAN FOR VETERANS HOME RESIDENTS.
 70.4 	The ombudsman required under Laws 2007, chapter 45, article 2, section 1, 
70.5 	paragraph (j), must attend all meetings of the Veterans Health Care Advisory Council 
70.6 	established in new Minnesota Statutes, section 196.30.

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

70.8 	Sec. 21. TRANSFER OF FUNDS IN VETERANS CEMETERY TRUST 
70.9 	ACCOUNT.
 70.10 	Notwithstanding Minnesota Statutes, section 16A.62, on June 30, 2008, all money in 
70.11 	the veterans cemetery trust account in the special revenue fund established in Minnesota 
70.12 	Statutes, section 197.236, subdivision 7, must be transferred to the permanent development 
70.13 	and maintenance account in the special revenue fund under Minnesota Statutes, section 
70.14 	197.236, subdivision 6.

70.15 	Sec. 22. STATE VETERANS CEMETERY STUDY.
 70.16 	The commissioner of veterans affairs shall evaluate the status of and need for 
70.17 	additional veterans cemeteries in the state, including consideration of a new veterans 
70.18 	cemetery in southern Minnesota. By January 15, 2009, the commissioner shall report 
70.19 	the findings of the study to the chairs and ranking minority members of the legislative 
70.20 	committees with jurisdiction over veterans policy and finance.

70.21 	Sec. 23. PARTNERING IN DELIVERY OF VETERANS SERVICES.
 70.22 	The commissioner of veterans affairs must seek input from a broad range of 
70.23 	experienced nongovernmental social service and health care providers, including both 
70.24 	secular and faith-based service organizations, from throughout the state regarding the 
70.25 	feasibility of public-private collaboration in providing services to Minnesota Veterans. 
70.26 	The services may include home health care, psychological counseling, life-skills 
70.27 	rehabilitation counseling, home hospice care, respite care, and other types of home-based 
70.28 	health care as judged necessary by the commissioner to enable veterans to recover from 
70.29 	service-connected injuries, illnesses, and disabilities. The commissioner must report to 
70.30 	the legislature by January 15, 2009, with findings and recommendations for establishing 
70.31 	the service-delivery partnerships.

71.1 	Sec. 24. VETERANS AFFAIRS STRATEGIC PLANNING GROUP.
 71.2 	(a) By January 15, 2009, the Department of Veterans Affairs Strategic Planning 
71.3 	Group shall report to the chairs and ranking minority members of the house and the 
71.4 	senate committees with jurisdiction over veterans affairs policy and finance the group's 
71.5 	recommendations for the Minnesota Veterans Home at Minneapolis, based on specific 
71.6 	additional analysis of the projected capital, maintenance, and operating costs of that home, 
71.7 	including an assessment of the feasibility of alternative operational models at that home 
71.8 	or at alternative or additional state veterans home locations within the seven-county 
71.9 	metropolitan area.  The group must include the likelihood and projected amount of any 
71.10 	cost-savings that could result from the demolition or remodeling and conversion of 
71.11 	some of the infrastructure of the current campus for alternative uses and other pertinent 
71.12 	items, such as:
71.13 	(1) construction of rental housing for veterans and family members of veterans 
71.14 	receiving medical care at the nearby US/VA Medical Center or other nearby medical 
71.15 	institutions;
71.16 	(2) conducting a land use study including a highest and best use analysis for the 
71.17 	existing site and all improvements;
71.18 	(3) investigating opportunities for public/private partnerships in strategic land 
71.19 	use; and
71.20 	(4) any other purpose judged feasible by the strategic planning group.
71.21 	(b) When formulating the recommendations on the matters in paragraph (a), the 
71.22 	Department of Veterans Affairs Strategic Planning Group must consult with the following 
71.23 	individuals or their designees:
71.24 	(1) the chairs and ranking minority members of the house and senate committees 
71.25 	with jurisdiction over veterans affairs policy and finance;
71.26 	(2) the president and legislative chairperson of the Minnesota Association of County 
71.27 	Veterans Service Officers;
71.28 	(3) the chair of the Commanders Task Force of Minnesota's congressionally 
71.29 	chartered veterans service organizations;
71.30 	(4) two members each from the Minnesota departments of the American Legion, the 
71.31 	Veterans of Foreign Wars, and the Disabled American Veterans with at least one member 
71.32 	from each organization coming from a rural area;
71.33 	(5) the United Veterans Legislative Council;
71.34 	(6) the Adjutant General of the Minnesota National Guard;
71.35 	(7) the director of the Veterans Health Care Advisory Council;
71.36 	(8) a representative from the United States Department of Veterans Affairs;
72.1 	(9) representative residents of the Minnesota Veterans Homes and their families;
72.2 	(10) representatives of the Minneapolis delegation in the Minnesota house and 
72.3 	senate;
72.4 	(11) representative residents of the Minnesota Veterans Home at Minneapolis and 
72.5 	their families;
72.6 	(12) the mayor of Minneapolis;
72.7 	(13) the Minneapolis city planner;
72.8 	(14) the chair of the Metropolitan Council;
72.9 	(15) the director of the Minnesota Inter-County Association; and
72.10 	(16) the director of the Association of Minnesota Counties.

72.11 	Sec. 25. CONSTRUCTION PROJECT PRIORITY LISTING STATUS.
 72.12 	In accordance with completed predesign documents, veterans population surveys, 
72.13 	and the 2008 department construction project priority listing, the commissioner of 
72.14 	veterans affairs shall continue to plan, develop, and pursue federal funding and other 
72.15 	resources for the construction of projects on the listing. In consultation with the Veterans 
72.16 	Affairs Strategic Planning Group and the Veterans Health Care Advisory Council, the 
72.17 	commissioner must consider possible options for treatment, including, but not limited to, 
72.18 	traumatic brain injury, posttraumatic stress disorder, and psycho-geriatric care. By January 
72.19 	15, 2009, the commissioner shall report to the chairs and ranking minority members of the 
72.20 	legislative committees with jurisdiction over veterans homes policy and finance regarding 
72.21 	the status of the department construction project priority listing and the activities required 
72.22 	under this section.

72.23 	Sec. 26. COUNTY VETERANS SERVICES WORKING GROUP.
 72.24 		Subdivision 1.Creation. The County Veterans Services Working Group shall 
72.25 	consist of  the following 13 members:
72.26 	(1) two senators, including one member from the majority party and one member 
72.27 	from the minority party, appointed by the Subcommittee on Committees of the Committee 
72.28 	on Rules and Administration of the senate;
72.29 	(2) two members of the house of representatives, one member from the majority 
72.30 	party and one member from the minority party, appointed by the speaker of the house;
72.31 	(3) the commissioner and two deputy commissioners of the Minnesota Department 
72.32 	of Veterans Affairs (MDVA), or the commissioner's designees;
72.33 	(4) the president, vice president, and legislative chair person of the Minnesota 
72.34 	Association of County Veterans Service Officers (CVSOs);
73.1 	(5) the chair of the Commanders Task Force of Minnesota's congressionally-chartered 
73.2 	veterans service organizations, or the chair's designee;
73.3 	(6) one person from the Minnesota Inter-County Association (MICA), as designated 
73.4 	by the association board; and
73.5 	(7) one person from the  Association of Minnesota Counties (AMC), as designated 
73.6 	by the association board.
73.7 		Subd. 2.Duties. The working group must meet periodically to review the findings 
73.8 	and recommendations of the 2008 report of the Office of the Legislative Auditor (OLA) 
73.9 	on Minnesota's county veterans service offices, and make written recommendations to the 
73.10 	legislature regarding whether and how each of that report's recommendations should be 
73.11 	implemented.  The working group may also provide additional recommendations on how 
73.12 	to enhance the current services provided by the county veteran service offices.
73.13 	The working group may suggest draft legislation for legislative consideration. By 
73.14 	January 15, 2009, the working group must report its proposed recommendations to the 
73.15 	chairs of the senate and house committees with jurisdiction over veterans affairs, state 
73.16 	governmental operations, and local government affairs.
73.17 		Subd. 3.Administrative provisions. (a) The commissioner of veterans affairs, or 
73.18 	the commissioner's designee, must convene the initial meeting of the working group. 
73.19 	Upon request of the working group, the commissioner must provide meeting space and 
73.20 	administrative services for the group.  The members of the working group must elect a 
73.21 	chair or co-chairs from the legislative members of the working group at the initial meeting. 
73.22 	Each subsequent meeting is at the call of the chair or co-chairs.
73.23 	(b) Public members of the working group serve without special compensation or 
73.24 	special payment of expenses from the working group.
73.25 	(c) The working group expires on June 30, 2009, unless an extension is authorized 
73.26 	by law by that date.
73.27 		Subd. 4.Deadline for appointments and designations. The appointments and 
73.28 	designations authorized by this section must be completed by August 1, 2008.  The 
73.29 	working group must convene its initial meeting no later than September 1, 2008.

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

73.31 	Sec. 27. STUDY OF VETERANS EMPLOYMENT IN STATE GOVERNMENT.
 73.32 	(a) By October 1, 2008, each appointing authority in the executive branch of state 
73.33 	government, including the Minnesota State Colleges and Universities, must report to the 
73.34 	commissioner of finance on the incidence of employment, recruitment, retention, and 
73.35 	retirement of veterans in their nonelected workforce for fiscal year 2008. The report 
74.1 	must be made in a manner approved by the commissioner, and for each separate hiring 
74.2 	unit must include tabulation by age category and length of state employment in the 
74.3 	executive branch, including the state college and university system. Each executive branch 
74.4 	appointing authority must also report specific veteran employment data requested by the 
74.5 	commissioner as of June 30, 2008, June 30, 2001, and an earlier date if judged feasible 
74.6 	by the commissioner. By January 15, 2009, the commissioner must submit a report on 
74.7 	the employment of veterans in the executive branch to the chairs of the house and senate 
74.8 	policy and finance committees having jurisdiction over veterans affairs. The report must 
74.9 	present and analyze the data obtained in this paragraph.
74.10 	(b) By October 1, 2008, the judicial branch of state government must report to 
74.11 	the chairs of the house and senate policy and finance committees having jurisdiction 
74.12 	over veterans affairs the number of veterans employed in the judicial branch nonelective 
74.13 	workforce on June 30, 2008, based on self-reporting of veteran status. For each separate 
74.14 	hiring unit, the data must include tabulation by age category and length of state 
74.15 	employment in the judicial branch.
74.16 	(c) By October 1, 2008, the house of representatives, the senate, and the Legislative 
74.17 	Coordinating Commission on behalf of joint legislative offices and commissions, must 
74.18 	report to the chairs of the house and senate policy and finance committees having 
74.19 	jurisdiction over veterans affairs the number of veterans employed in their nonelective 
74.20 	workforce on June 30, 2008, based on self-reporting of veteran status. For each separate 
74.21 	hiring unit, the data must include tabulation by age category and length of state 
74.22 	employment in the legislative branch.
74.23 	(d) For purposes of this section, "veteran" has the meaning given in Minnesota 
74.24 	Statutes, section 197.447.

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

74.26 	Sec. 28. WORLD WAR II SERVICE MEDALLIONS; APPROPRIATION.
 74.27 		Subdivision 1.Medallions.  By July 1, 2008, the commissioner of veterans 
74.28 	affairs must notify veterans organizations that include veterans of World War II in their 
74.29 	membership of the opportunity under this section for surviving individual veterans of 
74.30 	World War II to obtain commemorative medallions recognizing their service in the 
74.31 	United States armed forces during World War II. The commissioner shall establish the 
74.32 	service criteria necessary to obtain a medallion and the cost of each medallion. Veterans 
74.33 	organizations may collect and contribute money on behalf of their surviving individual 
74.34 	members who meet the service criteria. No later than September 1, 2008, the organizations 
75.1 	may submit the names of qualifying individuals and provide money to pay for the cost 
75.2 	of the medallions to the commissioner. By October 15, 2008, the commissioner shall 
75.3 	distribute the medallions to organizations for distribution to the qualifying individuals.
75.4 		Subd. 2.Appropriation.  Money received by the commissioner under this section is 
75.5 	appropriated to the commissioner for the purposes of this section.

75.6 	Sec. 29. REVISOR'S INSTRUCTION.
 75.7 	(a) The revisor shall change "board," "board of directors," or "Veterans Homes 
75.8 	Board of Directors" to "commissioner" wherever it is used in Minnesota Statutes, sections 
75.9 	198.003; 198.005; 198.006; 198.007; 198.022; 198.03; 198.05; 198.065; 198.066; 198.16; 
75.10 	198.23; 198.261; 198.265; 198.266; 198.31; 198.33; 198.34; 198.35; 198.36; and 198.37; 
75.11 	and shall change "board rules" to "rules adopted under this chapter" wherever it appears in 
75.12 	Minnesota Statutes, sections 198.007 and 198.022.
75.13 	(b) In Minnesota Rules, chapter 9050, the revisor shall:
75.14 	(1) change the terms "executive director," "executive director of the board," 
75.15 	"executive director of the Veterans Homes Board," "Minnesota Veterans Homes Board," 
75.16 	and "board" to "commissioner of veterans affairs" except where the term "board" is used 
75.17 	with a different meaning in Minnesota Rules, part 9050.0040, subpart 16;
75.18 	(2) change the term "board-operated facility" to "facility operated by the 
75.19 	commissioner of veterans affairs" and change the term "non-board-operated facility" to 
75.20 	"facility not operated by the commissioner of veterans affairs";
75.21 	(3) change the term "board-approved" to "approved by the commissioner of veterans 
75.22 	affairs"; and
75.23 	(4) eliminate the term "board" where it is used in the third paragraph of Minnesota 
75.24 	Rules, part 9050.1070, subpart 9.
75.25 	(c) The revisor shall change any of the terms in paragraph (a) or (b) to "commissioner 
75.26 	of veterans affairs" if they are used to refer to the Veterans Homes Board of Directors or 
75.27 	its executive director anywhere else in Minnesota Statutes or Minnesota Rules.

75.28 	Sec. 30.  REPEALER.
 75.29 	Minnesota Statutes 2006, sections 190.17; 197.236, subdivisions 7 and 10; 198.001, 
75.30 	subdivisions 6 and 9; 198.002, subdivisions 1, 3, and 6; 198.003, subdivisions 5 and 6; 
75.31 	and 198.004, subdivision 2, and Minnesota Statutes 2007 Supplement, sections 198.002, 
75.32 	subdivision 2; and 198.004, subdivision 1, are repealed.
75.33 	(b) Minnesota Rules, part 9050.0040, subpart 15, is repealed.