SF 3683

CCR--SF3683A - 85th Legislature (2007 - 2008)

Posted on 01/15/2013 08:28 p.m.

1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 3683 1.2A bill for an act 1.3relating to the operation of state government; changing certain provisions 1.4and programs related to agriculture; creating a livestock investment grant 1.5program; modifying pesticide and fertilizer regulation; changing certain payment 1.6provisions for certain agricultural chemical corrective action costs; changing 1.7certain food sanitary provisions; changing certain fee provisions; defining certain 1.8terms; regulating egg sales and handling; increasing the somatic cell count limit 1.9for goat milk; providing for control of bovine tuberculosis; adding a member 1.10to the NextGen Energy Board; modifying the expiration date for the NextGen 1.11Energy Board; modifying the expiration date for the Minnesota Agriculture 1.12Education Leadership Council; establishing requirements for practicing animal 1.13chiropractic care; recognizing a Program for the Assessment of Veterinary 1.14Education Equivalence certification; limiting use of certain drugs; changing 1.15certain requirements; regulating prescription of veterinary drugs; modifying 1.16definition of biodiesel; increasing minimum biodiesel content; creating a tiered 1.17biodiesel content goal; requiring counties to consider natural heritage data in 1.18adopting or amending comprehensive plans; requiring local governments to 1.19consider comprehensive plans to limit development on agricultural, forest, 1.20wildlife, and open space land; regulating certain racetracks; modifying 2007 1.21appropriation language; creating the Veterans Health Care Advisory Council; 1.22changing certain provisions and programs related to veterans; providing for 1.23certain medallions; authorizing the placement of a plaque in the court of 1.24honor on the Capitol grounds by Minnesota's Mexican-American veterans 1.25to honor all Minnesota veterans who have served at any time in the United 1.26States armed forces; appropriating money;amending Minnesota Statutes 2006, 1.27sections 18B.07, subdivision 2; 18D.305, subdivision 2; 18E.04, subdivision 2; 1.2828A.03, by adding a subdivision; 28A.08; 28A.082, by adding a subdivision; 1.2928A.09, subdivision 1; 29.23; 31.05; 31.171; 41D.01, subdivision 4; 148.01, 1.30subdivision 1, by adding subdivisions; 156.001, by adding a subdivision; 156.02, 1.31subdivisions 1, 2; 156.04; 156.072, subdivision 2; 156.073; 156.12, subdivisions 1.322, 4, 6; 156.15, subdivision 2; 156.16, subdivisions 3, 10; 156.18, subdivisions 1.331, 2; 156.19; 168.1255, subdivisions 1, 3, by adding subdivisions; 196.021; 1.34196.03; 197.236; 198.32, subdivision 1; 239.77, as amended; 240.06, subdivision 1.355a, by adding a subdivision; 240.13, subdivision 6; 394.232, subdivision 6; 1.36462.355, subdivision 1; 462.357, by adding subdivisions; Minnesota Statutes 1.372007 Supplement, sections 31.175; 35.244; 41A.105; 296A.01, subdivision 8a; 1.38394.23; Laws 2007, chapter 45, article 1, section 3, subdivisions 3, 4; proposing 1.39coding for new law in Minnesota Statutes, chapters 17; 18C; 32; 148; 196; 1.40394; repealing Minnesota Statutes 2006, sections 198.001, subdivisions 6, 9; 1.41198.002, subdivisions 1, 3, 6; 198.003, subdivisions 5, 6; 198.004, subdivision 2; 2.1Minnesota Statutes 2007 Supplement, sections 198.002, subdivision 2; 198.004, 2.2subdivision 1; Minnesota Rules, part 9050.0040, subpart 15. 2.3May 6, 2008 2.4The Honorable James P. Metzen 2.5President of the Senate 2.6The Honorable Margaret Anderson Kelliher 2.7Speaker of the House of Representatives 2.8We, the undersigned conferees for S.F. No. 3683 report that we have agreed upon 2.9the items in dispute and recommend as follows: 2.10That the House recede from its amendments and that S.F. No. 3683 be further 2.11amended as follows: 2.12Delete everything after the enacting clause and insert: 2.13"ARTICLE 1 2.14AGRICULTURE POLICY 2.15    Section 1. new text begin [17.118] LIVESTOCK INVESTMENT GRANT PROGRAM. new text end 2.16     new text begin Subdivision 1. new text end new text begin Establishment. new text end new text begin The commissioner may award a livestock investment new text end 2.17 new text begin grant to a person who raises livestock in this state equal to ten percent of the first $500,000 new text end 2.18 new text begin of qualifying expenditures, provided the person makes qualifying expenditures of at least new text end 2.19 new text begin $4,000. The commissioner may award multiple livestock investment grants to a person new text end 2.20 new text begin over the life of the program as long as the cumulative amount does not exceed $50,000. new text end 2.21     new text begin Subd. 2. new text end new text begin Definitions. new text end new text begin (a) For the purposes of this section, the terms defined in this new text end 2.22 new text begin subdivision have the meanings given them. new text end 2.23     new text begin (b) "Livestock" means beef cattle, dairy cattle, swine, poultry, goats, mules, farmed new text end 2.24 new text begin cervidae, ratitae, bison, sheep, horses, and llamas. new text end 2.25     new text begin (c) "Qualifying expenditures" means the amount spent for: new text end 2.26     new text begin (1) the acquisition, construction, or improvement of buildings or facilities for the new text end 2.27 new text begin production of livestock or livestock products; new text end 2.28     new text begin (2) the development of pasture for use by livestock including, but not limited to, the new text end 2.29 new text begin acquisition, development, or improvement of: new text end 2.30     new text begin (i) lanes used by livestock that connect pastures to a central location; new text end 2.31     new text begin (ii) watering systems for livestock on pasture including water lines and booster new text end 2.32 new text begin pumps well installations; new text end 2.33     new text begin (iii) livestock stream crossing stabilization; and new text end 2.34     new text begin (iv) fences; or new text end 2.35     new text begin (3) the acquisition of equipment for livestock housing, confinement, feeding, and new text end 2.36 new text begin waste management including, but not limited to, the following: new text end 3.1     new text begin (i) freestall barns; new text end 3.2     new text begin (ii) watering facilities; new text end 3.3     new text begin (iii) feed storage and handling equipment; new text end 3.4     new text begin (iv) milking parlors; new text end 3.5     new text begin (v) robotic equipment; new text end 3.6     new text begin (vi) scales; new text end 3.7     new text begin (vii) milk storage and cooling facilities; new text end 3.8     new text begin (viii) bulk tanks; new text end 3.9     new text begin (ix) computer hardware and software and associated equipment used to monitor new text end 3.10 new text begin the productivity and feeding of livestock; new text end 3.11     new text begin (x) manure pumping and storage facilities; new text end 3.12     new text begin (xi) swine farrowing facilities; new text end 3.13     new text begin (xii) swine and cattle finishing barns; new text end 3.14     new text begin (xiii) calving facilities; new text end 3.15     new text begin (xiv) digesters; new text end 3.16     new text begin (xv) equipment used to produce energy; new text end 3.17     new text begin (xvi) on-farm processing facilities equipment; new text end 3.18     new text begin (xvii) fences; and new text end 3.19     new text begin (xviii) livestock pens and corrals and sorting, restraining, and loading chutes. new text end 3.20     new text begin Except for qualifying pasture development expenditures under clause (2), qualifying new text end 3.21 new text begin expenditures only include amounts that are allowed to be capitalized and deducted under new text end 3.22 new text begin either section 167 or 179 of the Internal Revenue Code in computing federal taxable new text end 3.23 new text begin income. Qualifying expenditures do not include an amount paid to refinance existing debt. new text end 3.24     new text begin (d) "Qualifying period" means, for a grant awarded during a fiscal year, that full new text end 3.25 new text begin calendar year of which the first six months precede the first day of the current fiscal year. new text end 3.26 new text begin For example, an eligible person who makes qualifying expenditures during calendar new text end 3.27 new text begin year 2008 is eligible to receive a livestock investment grant between July 1, 2008, and new text end 3.28 new text begin June 30, 2009. new text end 3.29     new text begin Subd. 3. new text end new text begin Eligibility. new text end new text begin (a) To be eligible for a livestock investment grant, a person new text end 3.30 new text begin must: new text end 3.31     new text begin (1) be a resident of Minnesota or an entity specifically defined in section 500.24, new text end 3.32 new text begin subdivision 2, that is eligible to own farmland and operate a farm in this state under new text end 3.33 new text begin section 500.24; new text end 3.34     new text begin (2) be the principal operator of the farm; new text end 3.35     new text begin (3) hold a feedlot registration, if required; and new text end 4.1     new text begin (4) apply to the commissioner on forms prescribed by the commissioner including a new text end 4.2 new text begin statement of the qualifying expenditures made during the qualifying period along with any new text end 4.3 new text begin proof or other documentation the commissioner may require. new text end 4.4     new text begin (b) The $50,000 maximum grant applies at the entity level for partnerships, S new text end 4.5 new text begin corporations, C corporations, trusts, and estates as well as at the individual level. In the new text end 4.6 new text begin case of married individuals, the grant is limited to $50,000 for a married couple. new text end 4.7     new text begin Subd. 4. new text end new text begin Process. new text end new text begin The commissioner, in consultation with the chairs and ranking new text end 4.8 new text begin minority members of the house and senate committees with jurisdiction over agriculture new text end 4.9 new text begin finance, shall develop competitive eligibility criteria and may allocate grants on a needs new text end 4.10 new text begin basis. The commissioner shall certify eligible applications up to the amount appropriated new text end 4.11 new text begin for a fiscal year. The commissioner must place any additional eligible applications on a new text end 4.12 new text begin waiting list and, notwithstanding subdivision 2, paragraph (c), give them priority during new text end 4.13 new text begin the next fiscal year. The commissioner shall notify in writing any applicant who applies for new text end 4.14 new text begin a grant and is ineligible under the provisions of this section as well as any applicant whose new text end 4.15 new text begin application is received or reviewed after the fiscal year funding limit has been reached. new text end 4.16    Sec. 2. Minnesota Statutes 2007 Supplement, section 18B.065, subdivision 1, is 4.17amended to read: 4.18    Subdivision 1. Collection and disposal. The commissioner of agriculture shall 4.19establish and operate a program to collect new text begin and dispose of new text end waste pesticides. The program 4.20must be made available to agriculture new text begin agricultural new text end and residential pesticide end users 4.21whose waste generating activity occurs in this state. 4.22 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2008, and applies to all new text end 4.23 new text begin cooperative agreements entered into by the commissioner of agriculture and local units of new text end 4.24 new text begin government for waste pesticide collection and disposal after that date. new text end 4.25    Sec. 3. Minnesota Statutes 2006, section 18B.065, subdivision 2, is amended to read: 4.26    Subd. 2. Implementation. (a) The commissioner may obtain a United States 4.27Environmental Protection Agency hazardous waste identification number to manage the 4.28waste pesticides collected. 4.29    (b) The commissioner may new text begin not new text end limit the type and quantity of waste pesticides 4.30accepted for collection and may new text begin not new text end assess pesticide end users for portions of the costs 4.31incurred. 4.32    Sec. 4. Minnesota Statutes 2007 Supplement, section 18B.065, subdivision 2a, is 4.33amended to read: 5.1    Subd. 2a. Disposal site requirement. new text begin (a) For agricultural waste pesticides, new text end the 5.2commissioner must designate a place in each county of the state that is available at least 5.3every other year for persons to dispose of unused portions of new text begin agricultural new text end pesticides 5.4in accordance with subdivision 1. The commissioner shall consult with the person 5.5responsible for solid waste management and disposal in each county to determine an 5.6appropriate location new text begin and to advertise each collection event new text end . 5.7     new text begin (b) For residential waste pesticides, the commissioner must provide periodic new text end 5.8 new text begin disposal opportunities each year in each county. As provided under subdivision 7, the new text end 5.9 new text begin commissioner may enter into agreements with county or regional solid waste management new text end 5.10 new text begin entities to provide these collections and shall provide these entities with funding for new text end 5.11 new text begin reasonable costs incurred including, but not limited to, related supplies, transportation, new text end 5.12 new text begin advertising, and disposal costs as well as reasonable overhead costs. new text end 5.13     new text begin (c) A person who collects waste pesticide under paragraph (a) or (b) shall record new text end 5.14 new text begin information on each waste pesticide product collected including, but not limited to, new text end 5.15 new text begin the product name, active ingredient or ingredients, quantity, and the United States new text end 5.16 new text begin Environmental Protection Agency registration number, on a form provided by the new text end 5.17 new text begin commissioner. The person must submit this information to the commissioner at least new text end 5.18 new text begin annually. new text end 5.19 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2008, and applies to all new text end 5.20 new text begin cooperative agreements entered into by the commissioner of agriculture and local units of new text end 5.21 new text begin government for waste pesticide collection and disposal after that date. new text end 5.22    Sec. 5. Minnesota Statutes 2006, section 18B.065, subdivision 7, is amended to read: 5.23    Subd. 7. Cooperative agreements. The commissioner may enter into cooperative 5.24agreements with state agencies and local units of government for administration of the 5.25waste pesticide collection program. new text begin The commissioner shall ensure that the program is new text end 5.26 new text begin carried out in all counties. If the commissioner cannot contract with another party to new text end 5.27 new text begin administer the program in a county, the commissioner shall perform collections according new text end 5.28 new text begin to the provisions of this section. new text end 5.29    Sec. 6. Minnesota Statutes 2006, section 18B.07, subdivision 2, is amended to read: 5.30    Subd. 2. Prohibited pesticide use. (a) A person may not use, store, handle, 5.31distribute, or dispose of a pesticide, rinsate, pesticide container, or pesticide application 5.32equipment in a manner: 5.33    (1) that is inconsistent with a label or labeling as defined by FIFRA; 6.1    (2) that endangers humans, damages agricultural products, food, livestock, fish, 6.2or wildlife; or 6.3    (3) that will cause unreasonable adverse effects on the environment. 6.4    (b) A person may not direct a pesticide onto property beyond the boundaries of the 6.5target site. A person may not apply a pesticide resulting in damage to adjacent property. 6.6    (c) A person may not directly apply a pesticide on a human by overspray or target 6.7site spray, except when: 6.8    (1) the pesticide is intended for use on a human; 6.9    (2) the pesticide application is for mosquito control operations; 6.10    (3) the pesticide application is for control of gypsy moth, forest tent caterpillar, 6.11or other pest species, as determined by the commissioner, and the pesticide used is a 6.12biological agent; or 6.13    (4) the pesticide application is for a public health risk, as determined by the 6.14commissioner of health, and the commissioner of health, in consultation with the 6.15commissioner of agriculture, determines that the application is warranted based on 6.16the commissioner's balancing of the public health risk with the risk that the pesticide 6.17application poses to the health of the general population, with special attention to the 6.18health of children. 6.19    (d) For pesticide applications under paragraph (c), clause (2), the following 6.20conditions apply: 6.21    (1) no practicable and effective alternative method of control exists; 6.22    (2) the pesticide is among the least toxic available for control of the target pest; and 6.23    (3) notification to residents in the area to be treated is provided at least 24 hours 6.24before application through direct notification, posting daily on the treating organization's 6.25Web site, if any, and by sending a broadcast e-mail to those persons who request 6.26notification of such, of those areas to be treated by adult mosquito control techniques 6.27during the next calendar day. For control operations related to human disease, notice under 6.28this paragraph may be given less than 24 hours in advance. 6.29    (e) For pesticide applications under paragraph (c), clauses (3) and (4), the following 6.30conditions apply: 6.31    (1) no practicable and effective alternative method of control exists; 6.32    (2) the pesticide is among the least toxic available for control of the target pest; and 6.33    (3) notification of residents in the area to be treated is provided by direct notification 6.34and through publication in a newspaper of general circulation within the affected area. 6.35    (f) For purposes of this subdivision, "direct notification" may include mailings, 6.36public meetings, posted placards, neighborhood newsletters, or other means of contact 7.1designed to reach as many residents as possible. Public meetings held to meet this 7.2requirement for adult mosquito control, under paragraph (d), must be held within each 7.3city or town where the pesticide treatments are to be made, at a time and location that is 7.4convenient for residents of the area where the treatments will occur. 7.5    (g) A person may not apply a pesticide in a manner so as to expose a worker in an 7.6immediately adjacent, open field. 7.7     new text begin (h) Notwithstanding that the application is done in a manner consistent with the new text end 7.8 new text begin label or labeling, it is a violation of this chapter to directly apply a pesticide to a site where new text end 7.9 new text begin an application has not been: (1) requested, ordered, contracted for, or permitted; or (2) new text end 7.10 new text begin performed pursuant to paragraph (c), clause (2), (3), or (4). new text end 7.11    Sec. 7. Minnesota Statutes 2007 Supplement, section 18B.26, subdivision 3, is 7.12amended to read: 7.13    Subd. 3. Application fee. (a) A registrant shall pay an annual application fee for 7.14each pesticide to be registered, and this fee is set at 0.4 percent of annual gross sales 7.15within the state and annual gross sales of pesticides used in the state, with a minimum 7.16nonrefundable fee of $250. The registrant shall determine when and which pesticides 7.17are sold or used in this state. The registrant shall secure sufficient sales information of 7.18pesticides distributed into this state from distributors and dealers, regardless of distributor 7.19location, to make a determination. Sales of pesticides in this state and sales of pesticides 7.20for use in this state by out-of-state distributors are not exempt and must be included in the 7.21registrant's annual report, as required under paragraph (c), and fees shall be paid by the 7.22registrant based upon those reported sales. Sales of pesticides in the state for use outside 7.23of the state are exempt from the application fee in this paragraph if the registrant properly 7.24documents the sale location and distributors. A registrant paying more than the minimum 7.25fee shall pay the balance due by March 1 based on the gross sales of the pesticide by the 7.26registrant for the preceding calendar year. The fee for disinfectants and sanitizers shall be 7.27the minimum. The minimum fee is due by December 31 preceding the year for which 7.28the application for registration is made. The commissioner shall spend at least $400,000, 7.29not including the commissioner's administrative costs, per fiscal year from the pesticide 7.30regulatory account for the purposes of the waste pesticide collection program. new text begin In each new text end 7.31 new text begin fiscal year, the commissioner shall allocate from the pesticide regulatory account a sum new text end 7.32 new text begin sufficient to collect and dispose of waste pesticides under section 18B.065. However, new text end 7.33 new text begin notwithstanding section 18B.065, if the commissioner determines that the balance in the new text end 7.34 new text begin pesticide regulatory account at the end of the fiscal year will be less than $500,000, the new text end 7.35 new text begin commissioner may suspend waste pesticide collections or provide partial payment to a new text end 8.1 new text begin person for waste pesticide collection. The commissioner must notify as soon as possible new text end 8.2 new text begin and no later than August 1 a person under contract to collect waste pesticides of an new text end 8.3 new text begin anticipated suspension or payment reduction. new text end 8.4    (b) An additional fee of $100 must be paid by the applicant for each pesticide to be 8.5registered if the application is a renewal application that is submitted after December 31. 8.6    (c) A registrant must annually report to the commissioner the amount and type of 8.7each registered pesticide sold, offered for sale, or otherwise distributed in the state. The 8.8report shall be filed by March 1 for the previous year's registration. The commissioner 8.9shall specify the form of the report and require additional information deemed necessary 8.10to determine the amount and type of pesticides annually distributed in the state. The 8.11information required shall include the brand name, amount, and formulation of each 8.12pesticide sold, offered for sale, or otherwise distributed in the state, but the information 8.13collected, if made public, shall be reported in a manner which does not identify a specific 8.14brand name in the report. 8.15    (d) A registrant who is required to pay more than the minimum fee for any pesticide 8.16under paragraph (a) must pay a late fee penalty of $100 for each pesticide application fee 8.17paid after March 1 in the year for which the license is to be issued. 8.18 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2008, and applies to all new text end 8.19 new text begin cooperative agreements entered into by the commissioner of agriculture and local units of new text end 8.20 new text begin government for waste pesticide collection and disposal after that date. new text end 8.21    Sec. 8. Minnesota Statutes 2006, section 18D.305, subdivision 2, is amended to read: 8.22    Subd. 2. Revocation and suspension. new text begin (a) new text end The commissioner may, after written 8.23notice and hearing, revoke, suspend, or refuse to grant or renew a registration, permit, 8.24license, or certification if a person violates a provision of this chapter or has a history 8.25within the last three years of violations of this chapter. 8.26     new text begin (b) The commissioner may refuse to accept an application for a registration, permit, new text end 8.27 new text begin license, or certification, and may revoke or suspend a previously issued registration, new text end 8.28 new text begin permit, license, or certification of a person from another state if that person has: new text end 8.29     new text begin (1) had a registration, permit, license, or certification denied, revoked, or suspended new text end 8.30 new text begin by another state for an offense reasonably related to the requirements, qualifications, or new text end 8.31 new text begin duties of a registration, permit, license, or certification issued under chapter 18B or 18C; or new text end 8.32     new text begin (2) been convicted of a violation, had a history of violations, or been subject to a new text end 8.33 new text begin final order imposing civil penalties authorized under the Federal Insecticide, Fungicide new text end 8.34 new text begin and Rodenticide Act (FIFRA), as amended. new text end 9.1    Sec. 9. Minnesota Statutes 2006, section 18E.04, subdivision 2, is amended to read: 9.2    Subd. 2. Payment of corrective action costs. (a) On request by an eligible person, 9.3the board may pay the eligible person for the reasonable and necessary cash disbursements 9.4for corrective action costs incurred by the eligible person as provided under subdivision 4 9.5if the board determines: 9.6    (1) the eligible person pays the first $1,000 of the corrective action costs; 9.7    (2) the eligible person provides the board with a sworn affidavit and other convincing 9.8evidence that the eligible person is unable to pay additional corrective action costs; 9.9    (3) the eligible person continues to assume responsibility for carrying out the 9.10requirements of corrective action orders issued to the eligible person or that are in effect; 9.11    (4) the incident was reported as required in chapters 18B, 18C, and 18D; and 9.12    (5) the eligible person submits an application for payment or reimbursement to the 9.13department new text begin , along with associated invoices, new text end within three years of (i) incurring eligible 9.14corrective action costs new text begin performance of the eligible work new text end , or (ii) approval of a new text begin the related new text end 9.15corrective action design new text begin or plan for that work new text end , whichever is later. 9.16    (b) The eligible person must submit an application for payment or reimbursement of 9.17eligible cost incurred prior to July 1, 2001, no later than June 1, 2004. 9.18    (c) An eligible person is not eligible for payment or reimbursement and must refund 9.19amounts paid or reimbursed by the board if false statements or misrepresentations are 9.20made in the affidavit or other evidence submitted to the commissioner to show an inability 9.21to pay corrective action costs. 9.22    (d) new text begin (c) new text end The board may pay the eligible person and one or more designees by 9.23multiparty check. 9.24    Sec. 10. Minnesota Statutes 2006, section 28A.03, is amended by adding a subdivision 9.25to read: 9.26     new text begin Subd. 10. new text end new text begin Vending machine. new text end new text begin "Vending machine" means a self-service device that, new text end 9.27 new text begin upon insertion of a coin, paper currency, token, card, or key, dispenses unit servings of new text end 9.28 new text begin food in bulk or in packages without the necessity of replenishing the device between new text end 9.29 new text begin each vending operation. new text end 9.30    Sec. 11. Minnesota Statutes 2006, section 28A.05, is amended to read: 9.3128A.05 CLASSIFICATION. 9.32    All persons required to have a license under section 28A.04 shall be classified 9.33into one of the following classes of food handlers, according to their principal mode of 9.34business. 10.1    (a) Retail food handlers are persons who sell or process and sell food directly to the 10.2ultimate consumer or who custom process meat or poultry. The term includes a person 10.3who sells food directly to the ultimate consumer through the use of coin actuated vending 10.4machines, and a person who sells food for consumption on-site or off-site if the sale is 10.5conducted on the premises that are part of a grocery or convenience store operation. 10.6    (b) Wholesale food handlers are persons who sell to others for resale. A person who 10.7handles food in job lots (jobbers) is included in this classification. 10.8    (c) Wholesale food processors or manufacturers are persons who process or 10.9manufacture raw materials and other food ingredients into food items, or who reprocess 10.10food items, or who package food for sale to others for resale, or who commercially 10.11slaughter animals or poultry. Included herein are persons who can, extract, ferment, 10.12distill, pickle, bake, freeze, dry, smoke, grind, mix, stuff, pack, bottle, recondition, or 10.13otherwise treat or preserve food for sale to others for resale, cold storage warehouse 10.14operators as defined in section 28.01, subdivision 3, salvage food processors as defined in 10.15section 31.495, subdivision 1, dairy plants as defined in section 32.01, subdivision 6, and 10.16nonresident manufacturers of frozen foods as described in section 32.59. 10.17    (d) A food broker is a person who buys and sells food and who negotiates between 10.18a buyer and a seller of food, but who at no time has custody of the food being bought 10.19and sold. 10.20    Sec. 12. Minnesota Statutes 2006, section 28A.08, is amended to read: 10.2128A.08 LICENSE FEES; PENALTIES. 10.22    Subdivision 1. General. License fees, penalties for late renewal of licenses, and 10.23penalties for not obtaining a license before conducting business in food handling that are 10.24set in this section apply to the sections named except as provided under section 28A.09. 10.25Except as specified herein, bonds and assessments based on number of units operated or 10.26volume handled or processed which are provided for in said laws shall not be affected, 10.27nor shall any penalties for late payment of said assessments, nor shall inspection fees, be 10.28affected by this chapter. The penalties may be waived by the commissioner. Fees for all 10.29new licenses must be based on the anticipated future gross annual food sales. new text begin If a firm is new text end 10.30 new text begin found to be operating for multiple years without paying license fees, the state may collect new text end 10.31 new text begin the appropriate fees and penalties for each year of operation. new text end 10.32    Subd. 3. Fees effective July 1, 2003. 11.1 Penalties 11.2 11.3 11.4 Type of food handler License Fee Effective July 1, 2003 Late Renewal No License 11.5 1. Retail food handler 11.6 11.7 11.8 11.9 11.10 (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 11.11 11.12 11.13 11.14 11.15 (b) Having under $15,000 gross sales new text begin new text end new text begin or service new text end including food preparation or having $15,000 to $50,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year $ 77 $ 25 $ 51 11.16 11.17 11.18 (c) Having $50,001 to $250,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year $155 $ 51 $102 11.19 11.20 11.21 (d) Having $250,001 to $1,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year $276 $ 91 $ 182 11.22 11.23 11.24 (e) Having $1,000,001 to $5,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year $799 $264 $527 11.25 11.26 11.27 (f) Having $5,000,001 to $10,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year $1,162 $383 $767 11.28 11.29 11.30 (g) Having $10,000,001 to $15,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year $1,376 $454 $908 11.31 11.32 11.33 (h) Having $15,000,001 to $20,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year $1,607 $530 $1,061 12.1 12.2 12.3 (i) Having $20,000,001 to $25,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year $1,847 $610 $1,219 12.4 12.5 12.6 (j) Having over $25,000,001 gross sales new text begin or service new text end for the immediately previous license or fiscal year $2,001 $660 $1,321 12.7 2. Wholesale food handler 12.8 12.9 12.10 (a) Having gross sales or service of less than $25,000 for the immediately previous license or fiscal year $ 57 $ 19 $ 38 12.11 12.12 12.13 (b) Having $25,001 to $250,000 gross sales or service for the immediately previous license or fiscal year $284 $ 94 $187 12.14 12.15 12.16 12.17 12.18 (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 12.19 12.20 12.21 12.22 (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 12.23 12.24 12.25 (e) Having $1,000,001 to $5,000,000 gross sales or service for the immediately previous license or fiscal year $769 $254 $508 12.26 12.27 12.28 (f) Having $5,000,001 to $10,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year $920 $304 $607 12.29 12.30 12.31 (g) Having $10,000,001 to $15,000,000 gross sales or service for the immediately previous license or fiscal year $990 $327 $653 13.1 13.2 13.3 (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 13.4 13.5 13.6 (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 13.7 13.8 13.9 (j) Having over $25,000,001 or more gross sales or service for the immediately previous license or fiscal year $1,502 $496 $991 13.10 3. Food broker $150 $ 50 $ 99 13.11 4. Wholesale food processor or manufacturer 13.12 13.13 13.14 (a) Having gross sales new text begin or service new text end of less than $125,000 for the immediately previous license or fiscal year $169 $ 56 $112 13.15 13.16 13.17 (b) Having $125,001 to $250,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year $392 $129 $259 13.18 13.19 13.20 (c) Having $250,001 to $1,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year $590 $195 $389 13.21 13.22 13.23 (d) Having $1,000,001 to $5,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year $769 $254 $508 13.24 13.25 13.26 (e) Having $5,000,001 to $10,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year $920 $304 $607 13.27 13.28 13.29 (f) Having $10,000,001 to $15,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year $1,377 $454 $909 13.30 13.31 13.32 (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 14.1 14.2 14.3 (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 14.4 14.5 14.6 (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 14.7 14.8 14.9 (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 14.10 14.11 14.12 (k) Having $100,000,000 or more gross sales or service for the immediately previous license or fiscal year $2,571 $848 $1,697 14.13 14.14 14.15 5. Wholesale food processor of meat or poultry products under supervision of the U.S. Department of Agriculture 14.16 14.17 14.18 (a) Having gross sales new text begin or service new text end of less than $125,000 for the immediately previous license or fiscal year $112 $ 37 $ 74 14.19 14.20 14.21 (b) Having $125,001 to $250,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year $214 $ 71 $141 14.22 14.23 14.24 (c) Having $250,001 to $1,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year $333 $110 $220 14.25 14.26 14.27 (d) Having $1,000,001 to $5,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year $425 $140 $281 14.28 14.29 14.30 (e) Having $5,000,001 to $10,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year $521 $172 $344 14.31 14.32 14.33 (f) Having over $10,000,001 gross sales new text begin or service new text end for the immediately previous license or fiscal year $765 $252 $505 15.1 15.2 15.3 (g) Having $15,000,001 to $20,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year $893 $295 $589 15.4 15.5 15.6 (h) Having $20,000,001 to $25,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year $1,027 $339 $678 15.7 15.8 15.9 (i) Having $25,000,001 to $50,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year $1,161 $383 $766 15.10 15.11 15.12 (j) Having $50,000,001 to $100,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year $1,295 $427 $855 15.13 15.14 15.15 (k) Having $100,000,001 or more gross sales new text begin or service new text end for the immediately previous license or fiscal year $1,428 $471 $942 15.16 15.17 6. Wholesale food processor or manufacturer operating only at the State Fair $125 $ 40 $ 50 15.18 15.19 15.20 7. Wholesale food manufacturer having the permission of the commissioner to use the name Minnesota Farmstead cheese $ 30 $ 10 $ 15 15.21 8. Nonresident frozen dairy manufacturer $200 $ 50 $ 75 15.22 15.23 15.24 9. Wholesale food manufacturer processing less than 700,000 pounds per year of raw milk $ 30 $ 10 $ 15 15.25 15.26 15.27 15.28 15.29 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 15.30    Sec. 13. Minnesota Statutes 2006, section 28A.082, is amended by adding a 15.31subdivision to read: 16.1     new text begin Subd. 3. new text end new text begin Disaster areas. new text end new text begin If the governor declares a disaster in an area of the new text end 16.2 new text begin state, the commissioner of agriculture may waive the plan review fee and direct agency new text end 16.3 new text begin personnel to expedite the plan review process. new text end 16.4    Sec. 14. Minnesota Statutes 2006, section 28A.09, subdivision 1, is amended to read: 16.5    Subdivision 1. Annual fee; exceptions. Every coin-operated food vending machine 16.6is subject to an annual state inspection fee of $25 for each nonexempt machine except 16.7nut vending machines which are subject to an annual state inspection fee of $10 for each 16.8machine, provided that: 16.9    (a) Food vending machines may be inspected by either a home rule charter or 16.10statutory city, or a county, but not both, and if inspected by a home rule charter or statutory 16.11city, or a county they shall not be subject to the state inspection fee, but the home rule 16.12charter or statutory city, or the county may impose an inspection or license fee of no more 16.13than the state inspection fee. A home rule charter or statutory city or county that does 16.14not inspect food vending machines shall not impose a food vending machine inspection 16.15or license fee. 16.16    (b) Vending machines dispensing only gum balls, hard candy, unsorted candy, or ice 16.17manufactured and packaged by another shall be new text begin , and water dispensing machines serviced new text end 16.18 new text begin by a cashier, are new text end exempt from the state inspection fee, but may be inspected by the state. A 16.19home rule charter or statutory city may impose by ordinance an inspection or license fee 16.20of no more than the state inspection fee for nonexempt machines on the vending machines 16.21 new text begin and water dispensing machines new text end described in this paragraph. A county may impose 16.22by ordinance an inspection or license fee of no more than the state inspection fee for 16.23nonexempt machines on the vending machines new text begin and water dispensing machines new text end described 16.24in this paragraph which are not located in a home rule charter or statutory city. 16.25    (c) Vending machines dispensing only bottled or canned soft drinks are exempt from 16.26the state, home rule charter or statutory city, and county inspection fees, but may be 16.27inspected by the commissioner or the commissioner's designee. 16.28    Sec. 15. Minnesota Statutes 2006, section 29.23, is amended to read: 16.2929.23 GRADING. 16.30    Subdivision 1. Grades, weight classes and standards for quality. All eggs 16.31purchased on the basis of grade by the first licensed buyer shall be graded in accordance 16.32with grade and weight classes established by the commissioner. The commissioner shall 16.33establish, by rule, and from time to time, may amend or revise, grades, weight classes, 16.34and standards for quality. When grades, weight classes, and standards for quality have 17.1been fixed by the secretary of the Department of Agriculture of the United States, they 17.2may new text begin must new text end be accepted and published by the commissioner as definitions or standards for 17.3eggs in interstate new text begin and intrastate new text end commerce. 17.4    Subd. 2. Equipment. The commissioner shall also by rule provide for minimum 17.5plant and equipment requirements for candling, grading, handling and storing eggs, and 17.6shall define candling. Equipment in use new text begin by a wholesale food handler new text end before July 1, 1991, 17.7that does not meet the design and fabrication requirements of this chapter may remain in 17.8use if it is in good repair, capable of being maintained in a sanitary condition, and capable 17.9of maintaining a temperature of 45 degrees Fahrenheit (7 degrees Celsius) or less. 17.10    Subd. 3. Egg temperature. Eggs must be held at a temperature not to exceed 45 17.11degrees Fahrenheit (7 degrees Celsius) after being received by the egg handler except for 17.12cleaning, sanitizing, grading, and further processing when they must immediately be 17.13placed under refrigeration that is maintained at 45 degrees Fahrenheit (7 degrees Celsius) 17.14or below. Eggs offered for retail sale new text begin by a retail food handler new text end must be held at a temperature 17.15not to exceed 45 new text begin 41 new text end degrees Fahrenheit (7 degrees Celsius). Equipment in use prior to 17.16August 1, 1991, is not subject to this requirement. new text begin Shell eggs that have been frozen must new text end 17.17 new text begin not be offered for sale except as approved by the commissioner. new text end 17.18    Subd. 4. Vehicle temperature. A vehicle used for the transportation of new text begin to transport new text end 17.19shell eggs from a warehouse, retail store, candling and grading facility, or egg holding 17.20facility must have an ambient air temperature of 45 degrees Fahrenheit (7 degrees Celsius) 17.21or below. 17.22    Sec. 16. Minnesota Statutes 2006, section 31.05, is amended to read: 17.2331.05 EMBARGOES AND CONDEMNATIONS. 17.24    Subdivision 1. new text begin Definitions. new text end new text begin As used in this section, "animals" means cattle; swine; new text end 17.25 new text begin sheep; goats; poultry; farmed cervidae, as defined in section 35.153, subdivision 3; new text end 17.26 new text begin llamas, as defined in section 17.455, subdivision 2; ratitae, as defined in section 17.453, new text end 17.27 new text begin subdivision 3; equines; and other large domesticated animals. new text end 17.28     new text begin Subd. 1a. new text end Tag or notice. A duly authorized agent of the commissioner who finds or 17.29has probable cause to believe that any food new text begin , animal, new text end or consumer commodity is adulterated 17.30or so misbranded as to be dangerous or fraudulent, or is in violation of section 31.131 17.31shall affix to such article new text begin or animal new text end a tag or other appropriate marking giving notice that 17.32such article new text begin or animal new text end is, or is suspected of being, adulterated or misbranded and has 17.33been detained or embargoed, and warning all persons not to remove or dispose of such 17.34article new text begin or animal new text end by sale or otherwise until permission for removal or disposal is given by 18.1such agent or the court. It shall be unlawful for any person to remove or dispose of such 18.2detained or embargoed article new text begin or animal new text end by sale or otherwise without such permission. 18.3    Subd. 2. Action for condemnation. When an article new text begin or animal new text end detained or 18.4embargoed under subdivision 1 has been found by such agent to be adulterated, or 18.5misbranded, the agent shall petition the district court in the county in which the article new text begin or new text end 18.6 new text begin animal new text end is detained or embargoed for an order and decree for the condemnation of such 18.7article new text begin or animal new text end . Any such agent who has found that an article new text begin or animal new text end so detained or 18.8embargoed is not adulterated or misbranded, shall remove the tag or other marking. 18.9    Subd. 3. Remedies. If the court finds that a detained or embargoed article new text begin or animal new text end 18.10is adulterated or misbranded, such article new text begin or animal new text end shall, after entry of the decree, be 18.11destroyed at the expense of the claimant thereof, under the supervision of such agent, and 18.12all court costs and fees, and storage and other proper expenses, shall be taxed against 18.13the claimant of such article new text begin or animal new text end or the claimant's agent; provided, that when the 18.14adulteration or misbranding can be corrected by proper labeling or processing of the article new text begin new text end 18.15 new text begin or animal new text end , the court, after entry of the decree and after such costs, fees, and expenses have 18.16been paid and a good and sufficient bond, conditioned that such article new text begin or animal new text end shall be 18.17so labeled or processed, has been executed, may by order direct that such article new text begin or animal new text end 18.18be delivered to claimant thereof for such labeling or processing under the supervision of 18.19an agent of the commissioner. The expense of such supervision shall be paid by claimant. 18.20The article new text begin or animal new text end shall be returned to the claimant and the bond shall be discharged on 18.21the representation to the court by the commissioner that the article new text begin or animal new text end is no longer 18.22in violation and that the expenses of such supervision have been paid. 18.23    Subd. 4. Duties of commissioner. Whenever the commissioner or any of the 18.24commissioner's authorized agents shall find in any room, building, vehicle of transportation 18.25or other structure, any meat, seafood, poultry, vegetable, fruit new text begin , new text end or other perishable articles 18.26of food which are unsound, or contain any filthy, decomposed new text begin , new text end or putrid substance, or that 18.27may be poisonous or deleterious to health or otherwise unsafe, the same being hereby 18.28declared to be a nuisance, the commissioner, or the commissioner's authorized agent, shall 18.29forthwith condemn or destroy the same, or in any other manner render the same unsalable 18.30as human food, and no one shall have any cause of action against the commissioner or the 18.31commissioner's authorized agent on account of such action. 18.32    Subd. 5. Emergency response. In the event of an emergency declared by the 18.33governor's order under section 12.31, if the commissioner finds or has probable cause to 18.34believe that a new text begin livestock, new text end food new text begin , new text end or new text begin a new text end consumer commodity within a specific area is likely 18.35to be adulterated because of the emergency or so misbranded as to be dangerous or 19.1fraudulent, or is in violation of section 31.131, subdivision 1, the commissioner may 19.2embargo a geographic area that is included in the declared emergency. The commissioner 19.3shall provide notice to the public and to those with custody of the product in as thorough a 19.4manner as is practical under the emergency circumstances. 19.5    Sec. 17. Minnesota Statutes 2006, section 31.171, is amended to read: 19.631.171 EMPLOYMENT OF DISEASED PERSON. 19.7    It shall be unlawful for any person to work in or about any place where any fruit 19.8or any food products are manufactured, packed, stored, deposited, collected, prepared, 19.9produced or sold, whose condition is such that disease may be spread to associates direct, 19.10or through the medium of milk, cream, butter, other food or food products, likely to be 19.11eaten without being cooked after handling, whether such condition be due to a contagious, new text begin new text end 19.12 new text begin or new text end infectious, or venereal disease, in its active or convalescent stage, or to the presence of 19.13disease germs, whether accompanied by, or without, any symptoms of the disease itself. 19.14    It shall be the duty of the commissioner, or the commissioner's assistant, inspector, or 19.15agent, to report to the state commissioner of health for investigation, any person suspected 19.16to be dangerous to the public health, as provided for in this section, and immediately to 19.17exclude such person from such employment pending investigation and during the period 19.18of infectiousness, if such person is certified by the state commissioner of health, or an 19.19authorized agent, to be dangerous to the public health. 19.20    Sec. 18. Minnesota Statutes 2007 Supplement, section 31.175, is amended to read: 19.2131.175 WATER, PLUMBING, AND SEWAGE. 19.22    A person who is required by statutes administered by the Department of Agriculture, 19.23or by rules adopted pursuant to those statutes, to provide a suitable water supply, 19.24or plumbing or sewage disposal system, may new text begin shall new text end not engage in the business of 19.25manufacturing, processing, selling, handling, or storing food at wholesale or retail 19.26unless the person's water supply is satisfactory under plumbing codes new text begin pursuant to rules new text end 19.27 new text begin adopted by the Department of Health, the person's plumbing is satisfactory pursuant to new text end 19.28 new text begin rules new text end adopted by the Department of Labor and Industry new text begin , new text end and the person's sewage disposal 19.29system satisfies the rules of the Pollution Control Agency. 19.30    Sec. 19. new text begin [32.416] SOMATIC CELL COUNT, GOAT MILK. new text end 19.31     new text begin Notwithstanding any federal standard incorporated by reference in this chapter, the new text end 19.32 new text begin maximum allowable somatic cell count for raw goat milk is 1,500,000 cells per milliliter. new text end 19.33    Sec. 20. Minnesota Statutes 2006, section 41A.09, subdivision 3a, is amended to read: 20.1    Subd. 3a. Ethanol producer payments. (a) The commissioner shall make cash 20.2payments to producers of ethanol located in the state that have begun production at a 20.3specific location by June 30, 2000. For the purpose of this subdivision, an entity that holds 20.4a controlling interest in more than one ethanol plant is considered a single producer. 20.5The amount of the payment for each producer's annual production, except as provided 20.6in paragraph (c), is 20 cents per gallon for each gallon of ethanol produced at a specific 20.7location on or before June 30, 2000, or ten years after the start of production, whichever is 20.8later. Annually, within 90 days of the end of its fiscal year, an ethanol producer receiving 20.9payments under this subdivision must file a disclosure statement on a form provided by 20.10the commissioner. The initial disclosure statement must include a summary description 20.11of the organization of the business structure of the claimant, a listing of the percentages 20.12of ownership by any person or other entity with an ownership interest of five percent or 20.13greater, and a copy of its annual audited financial statements, including the auditor's report 20.14and footnotes. The disclosure statement must include information demonstrating what 20.15percentage of the entity receiving payments under this section is owned by farmers or 20.16other entities eligible to farm or own agricultural land in Minnesota under the provisions 20.17of section 500.24. Subsequent annual reports must reflect noncumulative changes in 20.18ownership of ten percent or more of the entity. The report need not disclose the identity of 20.19the persons or entities eligible to farm or own agricultural land with ownership interests, 20.20individuals residing within 30 miles of the plant, or of any other entity with less than 20.21ten percent ownership interest, but the claimant must retain information within its files 20.22confirming the accuracy of the data provided. This data must be made available to the 20.23commissioner upon request. Not later than the 15th day of February in each year the 20.24commissioner shall deliver to the chairs of the standing committees of the senate and the 20.25house of representatives that deal with agricultural policy and agricultural finance issues 20.26an annual report summarizing aggregated data from plants receiving payments under this 20.27section during the preceding calendar year. Audited financial statements and notes and 20.28disclosure statements submitted to the commissioner are nonpublic data under section 20.2913.02, subdivision 9 . Notwithstanding the provisions of chapter 13 relating to nonpublic 20.30data, summaries of the submitted audited financial reports and notes and disclosure 20.31statements will be contained in the report to the committee chairs and will be public data. 20.32    (b) No payments shall be made for ethanol production that occurs after June 30, 20.332010. A producer of ethanol shall not transfer the producer's eligibility for payments 20.34under this section to an ethanol plant at a different location. 20.35    (c) If the level of production at an ethanol plant increases due to an increase in the 20.36production capacity of the plant, the payment under paragraph (a) applies to the additional 21.1increment of production until ten years after the increased production began. Once a 21.2plant's production capacity reaches 15,000,000 gallons per year, no additional increment 21.3will qualify for the payment. 21.4    (d) Total payments under paragraphs (a) and (c) to a producer in a fiscal year may 21.5not exceed $3,000,000. 21.6    (e) By the last day of October, January, April, and July, each producer shall file a 21.7claim for payment for ethanol production during the preceding three calendar months. 21.8A producer that files a claim under this subdivision shall include a statement of the 21.9producer's total ethanol production in Minnesota during the quarter covered by the claim. 21.10For each claim and statement of total ethanol production filed under this subdivision, 21.11the volume of ethanol production must be examined by an independent certified public 21.12accountant in accordance with standards established by the American Institute of Certified 21.13Public Accountants. 21.14    (f) Payments shall be made November 15, February 15, May 15, and August 15. A 21.15separate payment shall be made for each claim filed. Except as provided in paragraph (g), 21.16the total quarterly payment to a producer under this paragraph may not exceed $750,000. 21.17    (g) Notwithstanding the quarterly payment limits of paragraph (f), the commissioner 21.18shall make an additional payment in the fourth quarter of each fiscal year to ethanol 21.19producers for the lesser of: (1) 20 cents per gallon of production in the fourth quarter of the 21.20year that is greater than 3,750,000 gallons; or (2) the total amount of payments lost during 21.21the first three quarters of the fiscal year due to plant outages, repair, or major maintenance. 21.22Total payments to an ethanol producer in a fiscal year, including any payment under this 21.23paragraph, must not exceed the total amount the producer is eligible to receive based on 21.24the producer's approved production capacity. The provisions of this paragraph apply only 21.25to production losses that occur in quarters beginning after December 31, 1999. 21.26    (h) The commissioner shall reimburse ethanol producers for any deficiency in 21.27payments during earlier quarters if the deficiency occurred because of unallotment or 21.28because appropriated money was insufficient to make timely payments in the full amount 21.29provided in paragraph (a). Notwithstanding the quarterly or annual payment limitations in 21.30this subdivision, the commissioner shall begin making payments for earlier deficiencies in 21.31each fiscal year that appropriations for ethanol payments exceed the amount required to 21.32make eligible scheduled payments. Payments for earlier deficiencies must continue until 21.33the deficiencies for each producer are paid in full new text begin , except the commissioner shall not make new text end 21.34 new text begin a deficiency payment to an entity that no longer produces ethanol on a commercial scale new text end 21.35 new text begin at the location for which the entity qualified for producer payments, or to an assignee of new text end 21.36 new text begin the entity new text end . 22.1    (i) The commissioner may make direct payments to producers of rural economic 22.2infrastructure with any amount of the annual appropriation for ethanol producer payments 22.3and rural economic infrastructure that is in excess of the amount required to make 22.4scheduled ethanol producer payments and deficiency payments under paragraphs (a) to (h). 22.5    Sec. 21. Minnesota Statutes 2007 Supplement, section 41A.105, is amended to read: 22.641A.105 NEXTGEN ENERGY. 22.7    Subdivision 1. Purpose. It is the goal of the state through the Department of 22.8Agriculture to research and develop energy sources to displace fossil fuels with renewable 22.9technology. 22.10    Subd. 2. NextGen Energy Board. There is created a NextGen Energy Board 22.11consisting of the commissioners of agriculture, commerce, natural resources, the Pollution 22.12Control Agency, and employment and economic development; the chairs of the house and 22.13senate committees with jurisdiction over energy finance; the chairs of the house and senate 22.14committees with jurisdiction over agriculture finance; one member of the second largest 22.15political party in the house, as appointed by the chairs of the house committees with 22.16jurisdiction over agriculture finance and energy finance; one member of the second largest 22.17political party in the senate, as appointed by the chairs of the senate committees with 22.18jurisdiction over agriculture finance and energy finance; and the executive director of the 22.19Agricultural Utilization Research Institute. In addition, the governor shall appoint seven new text begin new text end 22.20 new text begin eight new text end members: two representing statewide agriculture organizations; two representing 22.21statewide environment and natural resource conservation organizations; one representing 22.22the University of Minnesota; one representing the Minnesota Institute for Sustainable 22.23Agriculture; and one representing the Minnesota State Colleges and Universities system new text begin ; new text end 22.24 new text begin and one representing the forest products industry new text end . 22.25    Subd. 3. Duties. The board shall research and report to the commissioner of 22.26agriculture and to the legislature recommendations as to how the state can invest its 22.27resources to most efficiently achieve energy independence, agricultural and natural 22.28resources sustainability, and rural economic vitality. The board shall: 22.29    (1) examine the future of fuels, such as synthetic gases, biobutanol, hydrogen, 22.30methanol, biodiesel, and ethanol within Minnesota; 22.31    (2) develop equity grant programs to assist locally owned facilities; 22.32    (3) study the proper role of the state in creating financing and investing and 22.33providing incentives; 23.1    (4) evaluate how state and federal programs, including the Farm Bill, can best work 23.2together and leverage resources; 23.3    (5) work with other entities and committees to develop a clean energy program; and 23.4    (6) report to the legislature before February 1 each year with recommendations as 23.5to appropriations and results of past actions and projects. 23.6    Subd. 4. Commissioner's duties. The commissioner of agriculture shall administer 23.7this section. 23.8    Subd. 5. Expiration. This section expires June 30, 2009. new text begin 2014. new text end 23.9    Sec. 22. Minnesota Statutes 2006, section 41D.01, subdivision 4, is amended to read: 23.10    Subd. 4. Expiration. This section expires on June 30, 2008 new text begin 2013 new text end . 23.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 23.12    Sec. 23. Minnesota Statutes 2006, section 97A.028, subdivision 3, is amended to read: 23.13    Subd. 3. Emergency deterrent materials assistance. (a) For the purposes of this 23.14subdivision, "cooperative damage management agreement" means an agreement between 23.15a landowner or tenant and the commissioner that establishes a program for addressing the 23.16problem of destruction of the landowner's or tenant's specialty crops or stored forage crops 23.17by wild animals, or destruction of agricultural crops by flightless Canada geese. 23.18    (b) A landowner or tenant may apply to the commissioner for emergency deterrent 23.19materials assistance in controlling destruction of the landowner's or tenant's specialty 23.20crops or stored forage crops by wild animals, or destruction of agricultural crops by 23.21flightless Canada geese. Subject to the availability of money appropriated for this purpose, 23.22the commissioner shall provide suitable deterrent materials when the commissioner 23.23determines that: 23.24    (1) immediate action is necessary to prevent significant damage from continuing 23.25or to prevent the spread of bovine tuberculosis; and 23.26    (2) a cooperative damage management agreement cannot be implemented 23.27immediately. 23.28    (c) A person may receive emergency deterrent materials assistance under this 23.29subdivision more than once, but the cumulative total value of deterrent materials provided 23.30to a person, or for use on a parcel, may not exceed $3,000 for specialty crops, $5,000 for 23.31measures to prevent the spread of bovine tuberculosis within a five-mile radius of a cattle 23.32herd that is infected with bovine tuberculosis as determined by the Board of Animal 23.33Health, $750 for protecting stored forage crops, or $500 for agricultural crops damaged by 24.1flightless Canada geese. If a person is a co-owner or cotenant with respect to the specialty 24.2crops for which the deterrent materials are provided, the deterrent materials are deemed to 24.3be "provided" to the person for the purposes of this paragraph. 24.4    (d) As a condition of receiving emergency deterrent materials assistance under this 24.5subdivision, a landowner or tenant shall enter into a cooperative damage management 24.6agreement with the commissioner. Deterrent materials provided by the commissioner may 24.7include repellents, fencing materials, or other materials recommended in the agreement 24.8to alleviate the damage problem. If requested by a landowner or tenant, any fencing 24.9materials provided must be capable of providing long-term protection of specialty crops. 24.10A landowner or tenant who receives emergency deterrent materials assistance under 24.11this subdivision shall comply with the terms of the cooperative damage management 24.12agreement. 24.13    Sec. 24. Minnesota Statutes 2006, section 148.01, subdivision 1, is amended to read: 24.14    Subdivision 1. Definitions. For the purposes of sections 148.01 to 148.10, new text begin : new text end 24.15     new text begin (1) new text end "chiropractic" is defined as the science of adjusting any abnormal articulations of 24.16the human body, especially those of the spinal column, for the purpose of giving freedom 24.17of action to impinged nerves that may cause pain or deranged function new text begin ; and new text end 24.18     new text begin (2) "animal chiropractic diagnosis and treatment" means treatment that includes new text end 24.19 new text begin identifying and resolving vertebral subluxation complexes, spinal manipulation, and new text end 24.20 new text begin manipulation of the extremity articulations of nonhuman vertebrates. Animal chiropractic new text end 24.21 new text begin diagnosis and treatment does not include: new text end 24.22     new text begin (i) performing surgery; new text end 24.23     new text begin (ii) dispensing or administering of medications; or new text end 24.24     new text begin (iii) performing traditional veterinary care and diagnosis new text end . 24.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 24.26    Sec. 25. Minnesota Statutes 2006, section 148.01, is amended by adding a subdivision 24.27to read: 24.28     new text begin Subd. 1a. new text end new text begin Animal chiropractic practice. new text end new text begin A licensed chiropractor may engage in new text end 24.29 new text begin the practice of animal chiropractic diagnosis and treatment if registered to do so by the new text end 24.30 new text begin board, and the animal has been referred to the chiropractor by a veterinarian. new text end 24.31 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 24.32    Sec. 26. Minnesota Statutes 2006, section 148.01, is amended by adding a subdivision 24.33to read: 25.1     new text begin Subd. 1b. new text end new text begin Scope of practice; animal chiropractic. new text end new text begin Criteria for registration new text end 25.2 new text begin to engage in the practice of animal chiropractic diagnosis and treatment must be set new text end 25.3 new text begin by the board, and must include, but are not limited to: active chiropractic license; new text end 25.4 new text begin education and training in the field of animal chiropractic from an American Veterinary new text end 25.5 new text begin Chiropractic Association, International Veterinary Chiropractic Association, or higher new text end 25.6 new text begin institution-approved course consisting of no less than 210 hours, meeting continuing new text end 25.7 new text begin education requirements; and other conditions and rules set by the board. The board new text end 25.8 new text begin shall consult with the State Board of Veterinary Medicine in preparing proposed rules new text end 25.9 new text begin on animal chiropractic. new text end 25.10 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 25.11    Sec. 27. Minnesota Statutes 2006, section 148.01, is amended by adding a subdivision 25.12to read: 25.13     new text begin Subd. 1c. new text end new text begin Titles. new text end new text begin Notwithstanding the limitations established in section 156.12, new text end 25.14 new text begin subdivision 4, a doctor of chiropractic properly registered to provide chiropractic care to new text end 25.15 new text begin animals in accordance with this chapter and rules of the board may use the title "animal new text end 25.16 new text begin chiropractor." new text end 25.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 25.18    Sec. 28. Minnesota Statutes 2006, section 148.01, is amended by adding a subdivision 25.19to read: 25.20     new text begin Subd. 1d. new text end new text begin Provisional interim statute. new text end new text begin Upon approval by the board, a licensed new text end 25.21 new text begin chiropractor who has already taken and passed the education and training requirement new text end 25.22 new text begin set forth in subdivision 1b may engage in the practice of animal chiropractic during the new text end 25.23 new text begin time that the rules are being promulgated by the board. Enforcement actions may not new text end 25.24 new text begin be taken against persons who have completed the approved program of study by the new text end 25.25 new text begin American Veterinary Chiropractic Association or the International Veterinary Chiropractic new text end 25.26 new text begin Association until the rules have been adopted by the board. new text end 25.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 25.28    Sec. 29. new text begin [148.032] EDUCATIONAL CRITERIA FOR LICENSURE IN ANIMAL new text end 25.29 new text begin CHIROPRACTIC DIAGNOSIS AND TREATMENT; RECORDS; TREATMENT new text end 25.30 new text begin NOTES. new text end 26.1     new text begin (a) The following educational criteria must be applied to any licensed chiropractor new text end 26.2 new text begin who requests registration in animal chiropractic diagnosis and treatment. The criteria must new text end 26.3 new text begin include education and training in the following subjects: new text end 26.4     new text begin (1) anatomy; new text end 26.5     new text begin (2) anatomy laboratory; new text end 26.6     new text begin (3) biomechanics and gait; new text end 26.7     new text begin (4) chiropractic educational basics; new text end 26.8     new text begin (5) animal chiropractic diversified adjusting technique, including: new text end 26.9     new text begin (i) lecture cervical; new text end 26.10     new text begin (ii) thoracic; new text end 26.11     new text begin (iii) lumbosacral; new text end 26.12     new text begin (iv) pelvic; and new text end 26.13     new text begin (v) extremity; new text end 26.14     new text begin (6) animal chiropractic diversified adjusting technique, including: new text end 26.15     new text begin (i) laboratory cervical; new text end 26.16     new text begin (ii) thoracic; new text end 26.17     new text begin (iii) lumbosacral; new text end 26.18     new text begin (iv) pelvic; and new text end 26.19     new text begin (v) extremity; new text end 26.20     new text begin (7) case management and case studies; new text end 26.21     new text begin (8) chiropractic philosophy; new text end 26.22     new text begin (9) ethics and legalities; new text end 26.23     new text begin (10) neurology, neuroanatomy, and neurological conditions; new text end 26.24     new text begin (11) pathology; new text end 26.25     new text begin (12) radiology; new text end 26.26     new text begin (13) research in current chiropractic and veterinary topics; new text end 26.27     new text begin (14) rehabilitation, current topics, evaluation, and assessment; new text end 26.28     new text begin (15) normal foot anatomy and normal foot care; new text end 26.29     new text begin (16) saddle fit and evaluation, lecture, and laboratory; new text end 26.30     new text begin (17) veterinary educational basics; new text end 26.31     new text begin (18) vertebral subluxation complex; and new text end 26.32     new text begin (19) zoonotic diseases. new text end 26.33     new text begin (b) A licensed chiropractor requesting registration in animal chiropractic diagnosis new text end 26.34 new text begin and treatment must have completed and passed a course of study from an American new text end 26.35 new text begin Veterinary Chiropractic Association, International Veterinary Chiropractic Association, or new text end 27.1 new text begin higher institution-approved program, consisting of no less than 210 hours of education new text end 27.2 new text begin and training as set forth in paragraph (a). new text end 27.3     new text begin (c) A licensed chiropractor engaged in the practice of animal chiropractic diagnosis new text end 27.4 new text begin and treatment must maintain complete and accurate records and patient files in the new text end 27.5 new text begin chiropractor's office for at least three years. new text end 27.6     new text begin (d) A licensed chiropractor engaged in the practice of animal chiropractic diagnosis new text end 27.7 new text begin and treatment must make treatment notes and records available to the patient's owner new text end 27.8 new text begin upon request and must communicate their findings and treatment plan with the referring new text end 27.9 new text begin veterinarian if requested by the patient's owner. new text end 27.10     new text begin (e) A licensed chiropractor who treats both animal and human patients in the same new text end 27.11 new text begin facility must post a conspicuous sign in the reception area of that facility informing new text end 27.12 new text begin customers that nonhuman patients are treated on the premises. new text end 27.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 27.14    Sec. 30. new text begin [148.033] ANIMAL CHIROPRACTIC CONTINUING EDUCATION new text end 27.15 new text begin HOURS. new text end 27.16     new text begin Any chiropractor engaged in the practice of animal chiropractic diagnosis and new text end 27.17 new text begin treatment applying for renewal of a registration related to animal chiropractic diagnosis new text end 27.18 new text begin and treatment must have completed a minimum of six hours annually of continuing new text end 27.19 new text begin education in animal chiropractic diagnosis and treatment, in addition to the required 20 new text end 27.20 new text begin hours annually of continuing education in human chiropractic under this chapter. The new text end 27.21 new text begin continuing education course attended for purposes of complying with this section must be new text end 27.22 new text begin approved by the board prior to attendance by the chiropractor. new text end 27.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 27.24    Sec. 31. new text begin [148.035] SEPARATE TREATMENT ROOM REQUIRED. new text end 27.25     new text begin A licensed chiropractor who provides animal chiropractic treatment in the same new text end 27.26 new text begin facility where human patients are treated, shall maintain a separate noncarpeted room for new text end 27.27 new text begin the purpose of adjusting animals. The table and equipment used for animals shall not be new text end 27.28 new text begin used for human patients. new text end 27.29 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 27.30    Sec. 32. Minnesota Statutes 2006, section 156.001, is amended by adding a subdivision 27.31to read: 27.32     new text begin Subd. 10a. new text end new text begin Program for the Assessment of Veterinary Education Equivalence; new text end 27.33 new text begin PAVE certificate. new text end new text begin A "Program for the Assessment of Veterinary Education Equivalence" new text end 28.1 new text begin or "PAVE" certificate is issued by the American Association of Veterinary State Boards, new text end 28.2 new text begin indicating that the holder has demonstrated knowledge and skill equivalent to that new text end 28.3 new text begin possessed by a graduate of an accredited or approved college of veterinary medicine. new text end 28.4    Sec. 33. Minnesota Statutes 2006, section 156.02, subdivision 1, is amended to read: 28.5    Subdivision 1. License application. Application for a license to practice veterinary 28.6medicine in this state shall be made in writing to the Board of Veterinary Medicine upon a 28.7form furnished by the board, accompanied by satisfactory evidence that the applicant is at 28.8least 18 years of age, is of good moral character, and has one of the following: 28.9    (1) a diploma conferring the degree of doctor of veterinary medicine, or an 28.10equivalent degree, from an accredited or approved college of veterinary medicine; 28.11    (2) an ECFVG new text begin or PAVE new text end certificate; or 28.12    (3) a certificate from the dean of an accredited or approved college of veterinary 28.13medicine stating that the applicant is a student in good standing expecting to be graduated 28.14at the completion of the current academic year of the college in which the applicant is 28.15enrolled. 28.16    The application shall contain the information and material required by subdivision 28.172 and any other information that the board may, in its sound judgment, require. The 28.18application shall be filed with the board at least 60 days before the date of the examination. 28.19If the board deems it advisable, it may require that such application be verified by the 28.20oath of the applicant. 28.21    Sec. 34. Minnesota Statutes 2006, section 156.02, subdivision 2, is amended to read: 28.22    Subd. 2. Required with application. Every application shall contain the following 28.23information and material: 28.24    (1) the application fee set by the board in the form of a check or money order payable 28.25to the board, which fee is not returnable in the event permission to take the examination 28.26is denied for good cause; 28.27    (2) a copy of a diploma from an accredited or approved college of veterinary 28.28medicine or a certificate from the dean or secretary of an accredited or approved college of 28.29veterinary medicine showing the time spent in the school and the date when the applicant 28.30was duly and regularly graduated or will duly and regularly graduate or verification of 28.31ECFVG new text begin or PAVE new text end certification; 28.32    (3) affidavits of at least two veterinarians and three adults who are not related to 28.33the applicant setting forth how long a time, when, and under what circumstances they 29.1have known the applicant, and any other facts as may be proper to enable the board to 29.2determine the qualifications of the applicant; and 29.3    (4) if the applicant has served in the armed forces, a copy of discharge papers. 29.4    Sec. 35. Minnesota Statutes 2006, section 156.04, is amended to read: 29.5156.04 BOARD TO ISSUE LICENSE. 29.6    The Board of Veterinary Medicine shall issue to every applicant who has successfully 29.7passed the required examination, who has received a diploma conferring the degree of 29.8doctor of veterinary medicine or an equivalent degree from an accredited or approved 29.9college of veterinary medicine or an ECFVG new text begin or PAVE new text end certificate, and who shall have been 29.10adjudged to be duly qualified to practice veterinary medicine, a license to practice. 29.11    Sec. 36. Minnesota Statutes 2006, section 156.072, subdivision 2, is amended to read: 29.12    Subd. 2. Required with application. Such doctor of veterinary medicine shall 29.13accompany the application by the following: 29.14    (1) a copy of a diploma from an accredited or approved college of veterinary 29.15medicine or certification from the dean, registrar, or secretary of an accredited or approved 29.16college of veterinary medicine attesting to the applicant's graduation from an accredited 29.17or approved college of veterinary medicine, or a certificate of satisfactory completion of 29.18the ECFVG new text begin or PAVE new text end program. 29.19    (2) affidavits of two licensed practicing doctors of veterinary medicine residing in 29.20the United States or Canadian licensing jurisdiction in which the applicant is currently 29.21practicing, attesting that they are well acquainted with the applicant, that the applicant is a 29.22person of good moral character, and has been actively engaged in practicing or teaching in 29.23such jurisdiction for the period above prescribed; 29.24    (3) a certificate from the regulatory agency having jurisdiction over the conduct of 29.25practice of veterinary medicine that such applicant is in good standing and is not the 29.26subject of disciplinary action or pending disciplinary action; 29.27    (4) a certificate from all other jurisdictions in which the applicant holds a currently 29.28active license or held a license within the past ten years, stating that the applicant is and 29.29was in good standing and has not been subject to disciplinary action; 29.30    (5) in lieu of clauses (3) and (4), certification from the Veterinary Information 29.31Verification Agency that the applicant's licensure is in good standing; 29.32    (6) a fee as set by the board in form of check or money order payable to the board, 29.33no part of which shall be refunded should the application be denied; 30.1    (7) score reports on previously taken national examinations in veterinary medicine, 30.2certified by the Veterinary Information Verification Agency; and 30.3    (8) if requesting waiver of examination, provide evidence of meeting licensure 30.4requirements in the state of the applicant's original licensure that were substantially equal 30.5to the requirements for licensure in Minnesota in existence at that time. 30.6    Sec. 37. Minnesota Statutes 2006, section 156.073, is amended to read: 30.7156.073 TEMPORARY PERMIT. 30.8    The board may issue without examination a temporary permit to practice veterinary 30.9medicine in this state to a person who has submitted an application approved by the 30.10board for license pending examination, and holds a doctor of veterinary medicine degree 30.11or an equivalent degree from an approved or accredited college of veterinary medicine 30.12or an ECFVG new text begin or PAVE new text end certification. The temporary permit shall expire the day after 30.13publication of the notice of results of the first examination given after the permit is 30.14issued. No temporary permit may be issued to any applicant who has previously failed 30.15the national examination and is currently not licensed in any licensing jurisdiction of the 30.16United States or Canada or to any person whose license has been revoked or suspended 30.17or who is currently subject to a disciplinary order in any licensing jurisdiction of the 30.18United States or Canada. 30.19    Sec. 38. Minnesota Statutes 2006, section 156.12, subdivision 2, is amended to read: 30.20    Subd. 2. Authorized activities. No provision of this chapter shall be construed to 30.21prohibit: 30.22    (a) a person from rendering necessary gratuitous assistance in the treatment of any 30.23animal when the assistance does not amount to prescribing, testing for, or diagnosing, 30.24operating, or vaccinating and when the attendance of a licensed veterinarian cannot be 30.25procured; 30.26    (b) a person who is a regular student in an accredited or approved college of 30.27veterinary medicine from performing duties or actions assigned by instructors or 30.28preceptors or working under the direct supervision of a licensed veterinarian; 30.29    (c) a veterinarian regularly licensed in another jurisdiction from consulting with a 30.30licensed veterinarian in this state; 30.31    (d) the owner of an animal and the owner's regular employee from caring for and 30.32administering to the animal belonging to the owner, except where the ownership of the 30.33animal was transferred for purposes of circumventing this chapter; 31.1    (e) veterinarians who are in compliance with subdivision 6 and who are employed by 31.2the University of Minnesota from performing their duties with the College of Veterinary 31.3Medicine, College of Agriculture, Agricultural Experiment Station, Agricultural Extension 31.4Service, Medical School, School of Public Health, or other unit within the university; or 31.5a person from lecturing or giving instructions or demonstrations at the university or in 31.6connection with a continuing education course or seminar to veterinarians or pathologists 31.7at the University of Minnesota Veterinary Diagnostic Laboratory; 31.8    (f) any person from selling or applying any pesticide, insecticide or herbicide; 31.9    (g) any person from engaging in bona fide scientific research or investigations which 31.10reasonably requires experimentation involving animals; 31.11    (h) any employee of a licensed veterinarian from performing duties other than 31.12diagnosis, prescription or surgical correction under the direction and supervision of the 31.13veterinarian, who shall be responsible for the performance of the employee; 31.14    (i) a graduate of a foreign college of veterinary medicine from working under the 31.15direct personal instruction, control, or supervision of a veterinarian faculty member of 31.16the College of Veterinary Medicine, University of Minnesota in order to complete the 31.17requirements necessary to obtain an ECFVG new text begin or PAVE new text end certificate. new text begin ; new text end 31.18     new text begin (j) a licensed chiropractor registered under section 148.01, subdivision 1a, from new text end 31.19 new text begin practicing animal chiropractic. new text end 31.20    Sec. 39. Minnesota Statutes 2006, section 156.12, subdivision 4, is amended to read: 31.21    Subd. 4. Titles. It is unlawful for a person who has not received a professional 31.22degree from an accredited or approved college of veterinary medicine, or ECFVG new text begin or PAVE new text end 31.23certification, to use any of the following titles or designations: Veterinary, veterinarian, 31.24animal doctor, animal surgeon, animal dentist, animal chiropractor, animal acupuncturist, 31.25or any other title, designation, word, letter, abbreviation, sign, card, or device tending to 31.26indicate that the person is qualified to practice veterinary medicine. 31.27    Sec. 40. Minnesota Statutes 2006, section 156.12, subdivision 6, is amended to read: 31.28    Subd. 6. Faculty licensure. (a) Veterinary Medical Center clinicians at the College 31.29of Veterinary Medicine, University of Minnesota, who are engaged in the practice of 31.30veterinary medicine as defined in subdivision 1 and who treat animals owned by clients of 31.31the Veterinary Medical Center must possess the same license required by other veterinary 31.32practitioners in the state of Minnesota except for persons covered by paragraphs (b) and (c). 31.33    (b) A specialty practitioner in a hard-to-fill faculty position who has been employed 31.34at the College of Veterinary Medicine, University of Minnesota, for five years or 32.1more prior to 2003 or is specialty board certified by the American Veterinary Medical 32.2Association new text begin or the European Board of Veterinary Specialization new text end may be granted a specialty 32.3faculty Veterinary Medical Center clinician license which will allow the licensee to 32.4practice veterinary medicine in the state of Minnesota in the specialty area of the licensee's 32.5training and only within the scope of employment at the Veterinary Medical Center. 32.6    (c) A specialty practitioner in a hard-to-fill faculty position at the College of 32.7Veterinary Medicine, University of Minnesota, who has graduated from a board-approved 32.8foreign veterinary school may be granted a temporary faculty Veterinary Medical Center 32.9clinician license. The temporary faculty Veterinary Medical Center clinician license 32.10expires in two years and allows the licensee to practice veterinary medicine as defined 32.11in subdivision 1 and treat animals owned by clients of the Veterinary Medical Center. 32.12The temporary faculty Veterinary Medical Center clinician license allows the licensee to 32.13practice veterinary medicine in the state of Minnesota in the specialty area of the licensee's 32.14training and only within the scope of employment at the Veterinary Medical Center new text begin while new text end 32.15 new text begin under the direct supervision of a veterinarian currently licensed and actively practicing new text end 32.16 new text begin veterinary medicine in Minnesota, as defined in section 156.04. The direct supervising new text end 32.17 new text begin veterinarian must not have any current or past conditions, restrictions, or probationary new text end 32.18 new text begin status imposed on the veterinarian's license by the board within the past five years new text end . The 32.19holder of a temporary faculty Veterinary Medical Center clinician license who is enrolled 32.20in a PhD program may apply for new text begin up to new text end two new text begin additional consecutive new text end two-year extensions 32.21of an expiring temporary faculty Veterinary Medical Center clinician license. Any other 32.22holder of a temporary faculty Veterinary Medical Center clinician license may apply for 32.23one two-year extension of the expiring temporary faculty Veterinary Medical Center 32.24clinician license. Temporary faculty Veterinary Medical Center clinician licenses that are 32.25allowed to expire may not be renewed. The board shall grant an extension to a licensee 32.26who demonstrates suitable progress toward completing the requirements of their academic 32.27program, specialty board certification, or full licensure in Minnesota by a graduate of a 32.28foreign veterinary college. 32.29    (d) Temporary and specialty faculty Veterinary Medical Center clinician licensees 32.30must abide by all the laws governing the practice of veterinary medicine in the state 32.31of Minnesota and are subject to the same disciplinary action as any other veterinarian 32.32licensed in the state of Minnesota. 32.33    (e) The fee for a license issued under this subdivision is the same as for a regular 32.34license to practice veterinary medicine in Minnesota. License payment deadlines, late 32.35payment fees, and other license requirements are also the same as for regular licenses. 33.1    Sec. 41. Minnesota Statutes 2006, section 156.15, subdivision 2, is amended to read: 33.2    Subd. 2. Service. Service of an order under this section is effective if the order is 33.3served on the person or counsel of record personally or by certified new text begin United States new text end mail to 33.4the most recent address provided to the board for the person or counsel of record. 33.5    Sec. 42. Minnesota Statutes 2006, section 156.16, subdivision 3, is amended to read: 33.6    Subd. 3. Dispensing. "Dispensing" means distribution of veterinary prescription 33.7drugs or over-the-counter drugs new text begin , human drugs for extra-label use, new text end for extra-label use by a 33.8person licensed as a pharmacist by the Board of Pharmacy or a person licensed by the 33.9Board of Veterinary Medicine. 33.10    Sec. 43. Minnesota Statutes 2006, section 156.16, subdivision 10, is amended to read: 33.11    Subd. 10. Prescription. "Prescription" means an order from a veterinarian to a 33.12pharmacist or another veterinarian authorizing the dispensing of a veterinary prescription 33.13drug new text begin drugs, human drugs for extra-label use, or over-the-counter drugs for extra-label use new text end 33.14to a client for use on or in a patient. 33.15    Sec. 44. Minnesota Statutes 2006, section 156.18, subdivision 1, is amended to read: 33.16    Subdivision 1. Prescription. (a) A person may not dispense a veterinary 33.17prescription drug to a client without a prescription or other veterinary authorization. A 33.18person may not make extra-label use of an animal or human drug for an animal without a 33.19prescription from a veterinarian. A veterinarian or the veterinarian's authorized employee 33.20may dispense a veterinary prescription drug to new text begin drugs, human drugs for extra-label use, or new text end 33.21 new text begin an over-the-counter drug for extra-label use by new text end a client or oversee the extra-label use of 33.22a veterinary drug directly by a client without a separate written prescription, providing 33.23there is new text begin documentation of the prescription in the medical record and there is new text end an existing 33.24veterinarian-client-patient relationship. new text begin The prescribing veterinarian must monitor the use new text end 33.25 new text begin of veterinary prescription drugs, human drugs for extra-label use, or over-the-counter new text end 33.26 new text begin drugs for extra-label use by a client. new text end 33.27    (b) A veterinarian may dispense prescription veterinary drugs and prescribe and 33.28dispense extra-label use drugs to a client without personally examining the animal if 33.29a bona fide veterinarian-client-patient relationship exists and in the judgment of the 33.30veterinarian the client has sufficient knowledge to use the drugs properly. 33.31    (c) A veterinarian may issue a prescription or other veterinary authorization by oral or 33.32written communication to the dispenser, or by computer connection. If the communication 34.1is oral, the veterinarian must enter it into the patient's record. The dispenser must record 34.2the veterinarian's prescription or other veterinary authorization within 72 hours. 34.3    (d) A prescription or other veterinary authorization must include: 34.4    (1) the name, address, and, if written, the signature of the prescriber; 34.5    (2) the name and address of the client; 34.6    (3) identification of the species for which the drug is prescribed or ordered; 34.7    (4) the name, strength, and quantity of the drug; 34.8    (5) the date of issue; 34.9    (6) directions for use; and 34.10    (7) withdrawal time. new text begin ; new text end 34.11     new text begin (8) expiration date of prescription; and new text end 34.12     new text begin (9) number of authorized refills. new text end 34.13    (e) A veterinarian may, in the course of professional practice and an existing 34.14veterinarian-client-patient relationship, prepare medicaments that combine drugs approved 34.15by the United States Food and Drug Administration and other legally obtained ingredients 34.16with appropriate vehicles. 34.17    (f) A veterinarian or a bona fide employee of a veterinarian may dispense veterinary 34.18prescription drugs to a person on the basis of a prescription issued by a licensed 34.19veterinarian. The provisions of paragraphs (c) and (d) apply. 34.20    (g) This section does not limit the authority of the Minnesota Racing Commission to 34.21regulate veterinarians providing services at a licensed racetrack. 34.22    Sec. 45. Minnesota Statutes 2006, section 156.18, subdivision 2, is amended to read: 34.23    Subd. 2. Label of dispensed veterinary drugs. (a) A veterinarian or the 34.24veterinarian's authorized agent new text begin or employee new text end dispensing a veterinary prescription drug 34.25or prescribing the extra-label use of an over-the-counter drug new text begin , an over-the-counter drug new text end 34.26 new text begin for extra-label use, or a human drug for extra-label use new text end must provide written information 34.27which includes the name and address of the veterinarian, date of filling, species of patient, 34.28name or names of drug, strength of drug or drugs, directions for use, withdrawal time, 34.29and cautionary statements, if any, appropriate for the drug. 34.30    (b) If the veterinary drug has been prepared, mixed, formulated, or packaged by the 34.31dispenser, all of the information required in paragraph (a) must be provided on a label 34.32affixed to the container. 34.33    (c) If the veterinary drug is in the manufacturer's original package, the information 34.34required in paragraph (a) must be supplied in writing but need not be affixed to the 34.35container. Information required in paragraph (a) that is provided by the manufacturer on 35.1the original package does not need to be repeated in the separate written information. 35.2Written information required by this paragraph may be written on the sales invoice. 35.3    Sec. 46. Minnesota Statutes 2006, section 156.19, is amended to read: 35.4156.19 EXTRA-LABEL USE. 35.5    A person, other than a veterinarian or a person working under the control new text begin an new text end 35.6 new text begin employee new text end of a veterinarian, must not make extra-label use of a veterinary drug in or 35.7on a food-producing animal, unless permitted by the prescription of a veterinarian. A 35.8veterinarian may prescribe the extra-label use of a veterinary drug if: 35.9    (1) the veterinarian makes a careful medical diagnosis within the context of a valid 35.10veterinarian-client-patient relationship; 35.11    (2) the veterinarian determines that there is no marketed drug specifically labeled to 35.12treat the condition diagnosed, or that drug therapy as recommended by the labeling has, in 35.13the judgment of the attending veterinarian, been found to be clinically ineffective; 35.14    (3) the veterinarian recommends procedures to ensure that the identity of the treated 35.15animal will be carefully maintained; and 35.16    (4) the veterinarian prescribes a significantly extended time period for drug 35.17withdrawal before marketing meat, milk, or eggs. new text begin ; and new text end 35.18     new text begin (5) the veterinarian has met the criteria established in Code of Federal Regulations, new text end 35.19 new text begin title 21, part 530, which define the extra-label use of medication in or on animals. new text end 35.20    Sec. 47. Minnesota Statutes 2006, section 239.051, subdivision 15, is amended to read: 35.21    Subd. 15. Ethanol blender. "Ethanol blender" means a person who blends and 35.22distributes, transports, sells, or offers to sell gasoline containing ten percent ethanol by 35.23volume. 35.24    Sec. 48. Minnesota Statutes 2007 Supplement, section 239.761, subdivision 4, is 35.25amended to read: 35.26    Subd. 4. Gasoline blended with ethanol new text begin ; general new text end . (a) Gasoline may be blended 35.27with up to ten percent, by volume, agriculturally derived, denatured ethanol that complies 35.28with the requirements of subdivision 5. 35.29    (b) A gasoline-ethanol blend must: 35.30    (1) comply with the volatility requirements in Code of Federal Regulations, title 35.3140, part 80; 36.1    (2) comply with ASTM specification D4814-06, or the gasoline base stock from 36.2which a gasoline-ethanol blend was produced must comply with ASTM specification 36.3D4814-06; and 36.4    (3) not be blended with casinghead gasoline, absorption gasoline, condensation 36.5gasoline, drip gasoline, or natural gasoline after the gasoline-ethanol blend has been sold, 36.6transferred, or otherwise removed from a refinery or terminal. 36.7    Sec. 49. Minnesota Statutes 2007 Supplement, section 239.761, is amended by adding 36.8a subdivision to read: 36.9     new text begin Subd. 4a. new text end new text begin Gasoline blended with ethanol; standard combustion engines. new text end 36.10     new text begin Gasoline combined with ethanol for use in standard combustion engines may be blended new text end 36.11 new text begin with up to ten percent agriculturally derived, denatured ethanol, by volume, or any new text end 36.12 new text begin percentage specifically authorized in a waiver granted by the United States Environmental new text end 36.13 new text begin Protection Agency under section 211(f)(4) of the Clean Air Act, United States Code, title new text end 36.14 new text begin 42, section 7545, subsection (f), paragraph (4). The gasoline-ethanol blend must comply new text end 36.15 new text begin with the general provisions in subdivision 4. new text end 36.16    Sec. 50. Minnesota Statutes 2007 Supplement, section 239.761, is amended by adding 36.17a subdivision to read: 36.18     new text begin Subd. 4b. new text end new text begin Gasoline blended with ethanol; alternative fuel vehicles. new text end new text begin (a) Gasoline new text end 36.19 new text begin blended for use in an alternative fuel vehicle, as defined in section 296A.01, subdivision 5, new text end 36.20 new text begin may contain any percentage of agriculturally derived, denatured ethanol, by volume, not new text end 36.21 new text begin to exceed 85 percent. The gasoline-ethanol blend must comply with the general provisions new text end 36.22 new text begin in subdivision 4. The gasoline and ethanol may be blended by an ethanol blender or at the new text end 36.23 new text begin point of retail sale in an ethanol-blending fuel dispenser clearly labeled "FLEX-FUEL new text end 36.24 new text begin VEHICLES ONLY." If blended by an ethanol blender, the percentage of ethanol in the new text end 36.25 new text begin resulting gasoline-ethanol blend must be clearly identified. new text end 36.26     new text begin (b) If a person responsible for the product utilizes an ethanol-blending fuel dispenser new text end 36.27 new text begin to dispense both gasoline blended with ethanol for use in alternative fuel vehicles and new text end 36.28 new text begin gasoline blended with ethanol for use in standard combustion engines, the person must new text end 36.29 new text begin ensure that the gasoline blended with ethanol for use in standard combustion engines is new text end 36.30 new text begin dispensed from a fuel-dispensing hose and nozzle or other conveyance dedicated solely new text end 36.31 new text begin to gasoline blended with ethanol for use in standard combustion engines and clearly new text end 36.32 new text begin labeled as such. new text end 37.1     new text begin (c) A person responsible for the product who complies with the provisions in new text end 37.2 new text begin paragraph (b) is not responsible for a self-service fueling action taken by that person's new text end 37.3 new text begin retail fuel customer. new text end 37.4    Sec. 51. Minnesota Statutes 2006, section 239.77, as amended by Laws 2007, chapter 37.562, sections 3 and 4, is amended to read: 37.6239.77 BIODIESEL CONTENT MANDATE. 37.7    Subdivision 1. Biodiesel fuel. "Biodiesel fuel" means a renewable, biodegradable, 37.8mono alkyl ester combustible liquid fuel that is derived from agricultural new text begin and other new text end plant 37.9oils or animal fats and that meets American Society For Testing and Materials specification 37.10D6751-07 for Biodiesel Fuel (B100) Blend Stock for Distillate Fuels. 37.11     new text begin Biodiesel produced from palm oil is not biodiesel fuel for the purposes of this new text end 37.12 new text begin section, unless the palm oil is contained within waste oil and grease collected within the new text end 37.13 new text begin United States or Canada. new text end 37.14    Subd. 2. Minimum content. new text begin (a) new text end Except as otherwise provided in this section, all 37.15diesel fuel sold or offered for sale in Minnesota for use in internal combustion engines 37.16must contain at least 2.0 percent new text begin the stated percentage of new text end biodiesel fuel oil by volume. new text begin new text end 37.17 new text begin on and after the following dates: new text end 37.18 new text begin (1) new text end new text begin September 29, 2005 new text end new text begin 2 percent new text end 37.19 new text begin (2) new text end new text begin May 1, 2009 new text end new text begin 5 percent new text end 37.20 new text begin (3) new text end new text begin May 1, 2012 new text end new text begin 10 percent new text end 37.21 new text begin (4) new text end new text begin May 1, 2015 new text end new text begin 20 percent new text end 37.22     new text begin The minimum content levels in clauses (3) and (4) are effective during the months of new text end 37.23 new text begin April, May, June, July, August, September, and October only. The minimum content for new text end 37.24 new text begin the remainder of the year is five percent. However, if the commissioners of agriculture, new text end 37.25 new text begin commerce, and pollution control determine, after consultation with the biodiesel task new text end 37.26 new text begin force and other technical experts, that an American Society for Testing and Materials new text end 37.27 new text begin specification or equivalent federal standard exists for the specified biodiesel blend level in new text end 37.28 new text begin those clauses that adequately addresses technical issues associated with Minnesota's cold new text end 37.29 new text begin weather and publish a notice in the State Register to that effect, the commissioners may new text end 37.30 new text begin allow the specified biodiesel blend level in those clauses to be effective year-round. new text end 37.31     new text begin (b) The minimum content levels in paragraph (a), clauses (3) and (4), become new text end 37.32 new text begin effective on the date specified only if the commissioners of agriculture, commerce, and new text end 37.33 new text begin pollution control publish notice in the State Register and provide written notice to the new text end 38.1 new text begin chairs of the house and senate committees with jurisdiction over agriculture, commerce, new text end 38.2 new text begin and transportation policy and finance, at least 270 days prior to the date of each scheduled new text end 38.3 new text begin increase, that all of the following conditions have been met and the state is prepared to new text end 38.4 new text begin move to the next scheduled minimum content level: new text end 38.5     new text begin (1) an American Society for Testing and Materials specification or equivalent federal new text end 38.6 new text begin standard exists for the next minimum diesel-biodiesel blend; new text end 38.7     new text begin (2) a sufficient supply of biodiesel is available and the amount of biodiesel produced new text end 38.8 new text begin in this state from feedstock with at least 75 percent that is produced in the United States new text end 38.9 new text begin and Canada is equal to at least 50 percent of anticipated demand at the next minimum new text end 38.10 new text begin content level; new text end 38.11     new text begin (3) adequate blending infrastructure and regulatory protocol are in place in order to new text end 38.12 new text begin promote biodiesel quality and avoid any potential economic disruption; and new text end 38.13     new text begin (4) at least five percent of the amount of biodiesel necessary for that minimum new text end 38.14 new text begin content level will be produced from a biological resource other than an agricultural new text end 38.15 new text begin resource traditionally grown or raised in the state, including, but not limited to, algae new text end 38.16 new text begin cultivated for biofuels production, waste oils, and tallow. new text end 38.17     new text begin The condition in clause (2) may be waived if the commissioner finds that, due to new text end 38.18 new text begin weather-related conditions, the necessary feed stock is unavailable. new text end 38.19     new text begin The condition in clause (4) may be waived if the commissioners find that the use of new text end 38.20 new text begin these nontraditional feedstocks would be uneconomic under market conditions existing at new text end 38.21 new text begin the time notice is given under this paragraph. new text end 38.22     new text begin (c) The commissioners of agriculture, commerce, and pollution control must consult new text end 38.23 new text begin with the biodiesel task force when assessing and certifying conditions in paragraph (b), new text end 38.24 new text begin and in general must seek the guidance of the biodiesel task force regarding biodiesel new text end 38.25 new text begin labeling, enforcement, and other related issues. new text end 38.26     new text begin (d) During a period of biodiesel fuel shortage or a problem with biodiesel quality new text end 38.27 new text begin that negatively affects the availability of biodiesel fuel, the commissioner of commerce new text end 38.28 new text begin may temporarily suspend the minimum content requirement in subdivision 2 until there new text end 38.29 new text begin is sufficient biodiesel fuel, as defined in subdivision 1, available to fulfill the minimum new text end 38.30 new text begin content requirement. new text end 38.31     new text begin (e) By February 1, 2012, and periodically thereafter, the commissioner of commerce new text end 38.32 new text begin shall determine the wholesale diesel price at various pipeline and refinery terminals in the new text end 38.33 new text begin region, and the biodiesel price determined after credits and incentives are subtracted at new text end 38.34 new text begin biodiesel plants in the region. The commissioner shall report wholesale price differences to new text end 38.35 new text begin the governor who, after consultation with the commissioners of commerce and agriculture, new text end 38.36 new text begin may by executive order adjust the biodiesel mandate if a price disparity reported by the new text end 39.1 new text begin commissioner will cause economic hardship to retailers of diesel fuel in this state. Any new text end 39.2 new text begin adjustment must be for a specified period of time, after which the percentage of biodiesel new text end 39.3 new text begin fuel to be blended into diesel fuel returns to the amount required in subdivision 2. The new text end 39.4 new text begin biodiesel mandate must not be adjusted to less than five percent. new text end 39.5    Subd. 3. Exceptions. (a) The minimum content requirement new text begin requirements new text end of 39.6subdivision 2 does new text begin do new text end not apply to fuel used in the following equipment: 39.7    (1) motors located at an electric generating plant regulated by the Nuclear 39.8Regulatory Commission; 39.9    (2) railroad locomotives; and 39.10    (3) off-road taconite and copper mining equipment and machinery new text begin ; new text end 39.11     new text begin (4) off-road logging equipment and machinery; and new text end 39.12     new text begin (5) until May 1, 2010, vehicles and equipment used exclusively on an aircraft new text end 39.13 new text begin landing field new text end . 39.14    (b) The exemption in paragraph (a), clause (1), expires 30 days after the Nuclear 39.15Regulatory Commission has approved the use of biodiesel fuel in motors at electric 39.16generating plants under its regulation. 39.17     new text begin (c) This subdivision expires on May 1, 2012. new text end 39.18    Subd. 4. Disclosure. A refinery or terminal shall provide, at the time diesel fuel 39.19is sold or transferred from the refinery or terminal, a bill of lading or shipping manifest 39.20to the person who receives the fuel. For biodiesel-blended products, the bill of lading or 39.21shipping manifest must disclose biodiesel content, stating volume percentage, gallons of 39.22biodiesel per gallons of petroleum diesel base-stock, or an ASTM "Bxx" designation 39.23where "xx" denotes the volume percent biodiesel included in the blended product. This 39.24subdivision does not apply to sales or transfers of biodiesel blend stock between refineries, 39.25between terminals, or between a refinery and a terminal. 39.26     new text begin Subd. 5. new text end new text begin Annual report. new text end new text begin Beginning in 2009, the commissioner of agriculture new text end 39.27 new text begin must report by January 15 of each year to the chairs and ranking minority members of new text end 39.28 new text begin the legislative committees and divisions with jurisdiction over agriculture policy and new text end 39.29 new text begin finance regarding the implementation of the minimum content requirements in subdivision new text end 39.30 new text begin 2, including information about the price and supply of biodiesel fuel. The report shall new text end 39.31 new text begin include information about the impacts of the biodiesel mandate on the development of new text end 39.32 new text begin biodiesel production capacity in the state, and on the use of feedstock grown or raised in new text end 39.33 new text begin the state for biodiesel production. The report must include any written comments received new text end 39.34 new text begin from members of the biodiesel fuel task force by January 1 of that year designated by new text end 39.35 new text begin them for inclusion in the report. new text end 40.1    Sec. 52. Minnesota Statutes 2006, section 239.7911, subdivision 2, is amended to read: 40.2    Subd. 2. Promotion of renewable liquid fuels. (a) The commissioner of 40.3agriculture, in consultation with the commissioners of commerce and the Pollution 40.4Control Agency, shall identify and implement activities necessary for the widespread use 40.5of renewable liquid fuels in the state. Beginning November 1, 2005, and continuing 40.6through 2015, the commissioners, or their designees, shall work with representatives 40.7from the renewable fuels industry, petroleum retailers, refiners, automakers, small engine 40.8manufacturers, and other interested groups, to develop annual recommendations for 40.9administrative and legislative action. 40.10    (b) The activities of the commissioners under this subdivision shall include, but not 40.11be limited to: 40.12    (1) developing recommendations for incentives for retailers to install equipment 40.13necessary for dispensing renewable liquid fuels to the public; 40.14    (2) new text begin expanding the renewable-fuel options available to Minnesota consumers by new text end 40.15obtaining federal approval for the use of E20 new text begin and additional blends that contain a greater new text end 40.16 new text begin percentage of ethanol, including but not limited to E30 and E50, new text end as gasoline; 40.17    (3) developing recommendations for ensuring that motor vehicles and small engine 40.18equipment have access to an adequate supply of fuel; 40.19    (4) working with the owners and operators of large corporate automotive fleets in the 40.20state to increase their use of renewable fuels; and 40.21    (5) working to maintain an affordable retail price for liquid fuels. 40.22    Sec. 53. Minnesota Statutes 2006, section 296A.01, subdivision 2, is amended to read: 40.23    Subd. 2. Agricultural alcohol gasoline. "Agricultural alcohol gasoline" means a 40.24gasoline-ethanol blend of up to ten percent agriculturally derived fermentation new text begin satisfying new text end 40.25 new text begin the provisions of section 239.761, subdivision 4a or 4b, with new text end ethanol derived from 40.26agricultural products, such as potatoes, cereal, grains, cheese whey, sugar beets, forest 40.27products, or other renewable resources, that: 40.28    (1) meets the specifications in ASTM specification D4806-04a; and 40.29    (2) is denatured as specified in Code of Federal Regulations, title 27, parts 20 and 21. 40.30    Sec. 54. Minnesota Statutes 2007 Supplement, section 296A.01, subdivision 8a, 40.31is amended to read: 40.32    Subd. 8a. Biodiesel fuel. "Biodiesel fuel" means a renewable, biodegradable, mono 40.33alkyl ester combustible liquid fuel derived from agricultural plant oils or animal fats 40.34and that meets American Society for Testing and Materials specification D6751-07 for 41.1Biodiesel Fuel (B100) Blend Stock for Distillate Fuels new text begin has the meaning given in section new text end 41.2 new text begin 239.77, subdivision 1 new text end . 41.3    Sec. 55. Minnesota Statutes 2007 Supplement, section 296A.01, subdivision 25, 41.4is amended to read: 41.5    Subd. 25. Gasoline blended with ethanol. "Gasoline blended with ethanol" means 41.6gasoline blended with up to 20 percent, by volume, agriculturally derived, denatured 41.7ethanol. The blend must comply with the volatility requirements in Code of Federal 41.8Regulations, title 40, part 80. The blend must also comply with ASTM specification 41.9D4814-06, or the gasoline base stock from which a gasoline-ethanol blend was produced 41.10must comply with ASTM specification D4814-06; and the gasoline-ethanol blend must 41.11not be blended with casinghead gasoline, absorption gasoline, condensation gasoline, drip 41.12gasoline, or natural gasoline after the gasoline-ethanol blend has been sold, transferred, or 41.13otherwise removed from a refinery or terminal. The blend need not comply with ASTM 41.14specification D4814-06 if it is subjected to a standard distillation test. For a distillation 41.15test, a gasoline-ethanol blend is not required to comply with the temperature specification 41.16at the 50 percent liquid recovery point, if the gasoline from which the gasoline-ethanol 41.17blend was produced complies with all of the distillation specifications new text begin a gasoline-ethanol new text end 41.18 new text begin blend satisfying the provisions of section 239.761, subdivision 4a or 4b new text end . 41.19    Sec. 56. Minnesota Statutes 2007 Supplement, section 394.23, is amended to read: 41.20394.23 COMPREHENSIVE PLAN. 41.21    The board has the power and authority to prepare and adopt by ordinance, a 41.22comprehensive plan. A comprehensive plan or plans when adopted by ordinance must be 41.23the basis for official controls adopted under the provisions of sections 394.21 to 394.37. 41.24The commissioner of natural resources must provide the natural heritage data from the 41.25county biological survey, if available, to each county for use in the comprehensive plan. new text begin new text end 41.26 new text begin When adopting or updating the comprehensive plan, the board must, if the data is available new text end 41.27 new text begin to the county, consider natural heritage data resulting from the county biological survey. new text end 41.28 new text begin In a county that is not a greater than 80 percent area, as defined in section 103G.005, new text end 41.29 new text begin subdivision 10b, the board must consider adopting goals and objectives that will protect new text end 41.30 new text begin open space and the environment. new text end 41.31    Sec. 57. new text begin [394.231] COMPREHENSIVE PLANS IN GREATER MINNESOTA; new text end 41.32 new text begin OPEN SPACE. new text end 42.1     new text begin A county adopting or updating a comprehensive plan in a county outside the new text end 42.2 new text begin metropolitan area as defined by section 473.121, subdivision 2, and that is not a greater new text end 42.3 new text begin than 80 percent area, as defined in section 103G.005, subdivision 10b, shall consider new text end 42.4 new text begin adopting goals and objectives for the preservation of agricultural, forest, wildlife, and new text end 42.5 new text begin open space land, and minimizing development in sensitive shoreland areas. Within three new text end 42.6 new text begin years of updating the comprehensive plan, the county shall consider adopting ordinances new text end 42.7 new text begin as part of the county's official controls that encourage the implementation of the goals and new text end 42.8 new text begin objectives. The county shall consider the following goals and objectives: new text end 42.9     new text begin (1) minimizing the fragmentation and development of agricultural, forest, wildlife, new text end 42.10 new text begin and open space lands, including consideration of appropriate minimum lot sizes; new text end 42.11     new text begin (2) minimizing further development in sensitive shoreland areas; new text end 42.12     new text begin (3) minimizing development near wildlife management areas, scientific and natural new text end 42.13 new text begin areas, and nature centers; new text end 42.14     new text begin (4) identification of areas of preference for higher density, including consideration new text end 42.15 new text begin of existing and necessary water and wastewater services, infrastructure, other services, new text end 42.16 new text begin and to the extent feasible, encouraging full development of areas previously zoned for new text end 42.17 new text begin nonagricultural uses; new text end 42.18     new text begin (5) encouraging development close to places of employment, shopping centers, new text end 42.19 new text begin schools, mass transit, and other public and private service centers; new text end 42.20     new text begin (6) identification of areas where other developments are appropriate; and new text end 42.21     new text begin (7) other goals and objectives a county may identify. new text end 42.22    Sec. 58. Minnesota Statutes 2006, section 394.232, subdivision 6, is amended to read: 42.23    Subd. 6. Plan update. The county board, or the board of the joint planning district, 42.24shall review and update the community-based comprehensive plan periodically, but at 42.25least every ten years, and submit the updated plan to the office of strategic and long-range 42.26planning for review and comment. new text begin When updating the plan, the county board or the board new text end 42.27 new text begin of the joint planning district must consider natural heritage data resulting from the county new text end 42.28 new text begin biological survey. In a county that is not a greater than 80 percent area, as defined in new text end 42.29 new text begin section 103G.005, subdivision 10b, the board must consider adopting goals and objectives new text end 42.30 new text begin that will protect open space and the environment. new text end 42.31    Sec. 59. Minnesota Statutes 2006, section 462.355, subdivision 1, is amended to read: 42.32    Subdivision 1. Preparation and review. The planning agency shall prepare the 42.33comprehensive municipal plan. In discharging this duty the planning agency shall 42.34consult with and coordinate the planning activities of other departments and agencies 43.1of the municipality to insure conformity with and to assist in the development of the 43.2comprehensive municipal plan. In its planning activities the planning agency shall take due 43.3cognizance of the planning activities of adjacent units of government and other affected 43.4public agencies. The planning agency shall periodically review the plan and recommend 43.5amendments whenever necessary. new text begin When preparing or recommending amendments to the new text end 43.6 new text begin comprehensive plan, the planning agency of a municipality located within a county that is new text end 43.7 new text begin not a greater than 80 percent area, as defined in section 103G.005, subdivision 10b, must new text end 43.8 new text begin consider adopting goals and objectives that will protect open space and the environment. new text end 43.9    Sec. 60. Minnesota Statutes 2006, section 462.357, is amended by adding a subdivision 43.10to read: 43.11     new text begin Subd. 1h. new text end new text begin Comprehensive plans in greater Minnesota; open spaces. new text end new text begin When new text end 43.12 new text begin adopting or updating a comprehensive plan in a municipality located within a county that new text end 43.13 new text begin is not a greater than 80 percent area, as defined in section 103G.005, subdivision 10b, and new text end 43.14 new text begin that is located outside the metropolitan area, as defined by section 473.121, subdivision new text end 43.15 new text begin 2, the municipality shall consider adopting goals and objectives for the preservation of new text end 43.16 new text begin agricultural, forest, wildlife, and open space land and the minimization of development new text end 43.17 new text begin in sensitive shoreland areas. Within three years of updating the comprehensive plan, new text end 43.18 new text begin the municipality shall consider adopting ordinances as part of the municipality's official new text end 43.19 new text begin controls that encourage the implementation of the goals and objectives. new text end 43.20    Sec. 61. Minnesota Statutes 2006, section 462.357, is amended by adding a subdivision 43.21to read: 43.22     new text begin Subd. 9. new text end new text begin Development goals and objectives. new text end new text begin In adopting official controls after July new text end 43.23 new text begin 1, 2008, in a municipality outside the metropolitan area, as defined by section 473.121, new text end 43.24 new text begin subdivision 2, the municipality shall consider restricting new residential, commercial, and new text end 43.25 new text begin industrial development so that the new development takes place in areas subject to the new text end 43.26 new text begin following goals and objectives: new text end 43.27     new text begin (1) minimizing the fragmentation and development of agricultural, forest, wildlife, new text end 43.28 new text begin and open space lands, including consideration of appropriate minimum lot sizes; new text end 43.29     new text begin (2) minimizing further development in sensitive shoreland areas; new text end 43.30     new text begin (3) minimizing development near wildlife management areas, scientific and natural new text end 43.31 new text begin areas, and nature centers; new text end 43.32     new text begin (4) identification of areas of preference for higher density, including consideration new text end 43.33 new text begin of existing and necessary water and wastewater services, infrastructure, other services, new text end 44.1 new text begin and to the extent feasible, encouraging full development of areas previously zoned for new text end 44.2 new text begin nonagricultural uses; new text end 44.3     new text begin (5) encouraging development close to places of employment, shopping centers, new text end 44.4 new text begin schools, mass transit, and other public and private service centers; new text end 44.5     new text begin (6) identification of areas where other developments are appropriate; and new text end 44.6     new text begin (7) other goals and objectives a municipality may identify. new text end 44.7    Sec. 62. new text begin TITLE. new text end 44.8     new text begin Sections 56 to 61 shall be known as the President Theodore Roosevelt Memorial new text end 44.9 new text begin Bill to Preserve Agricultural, Forest, Wildlife, and Open Space Land. new text end 44.10    Sec. 63. Laws 2007, chapter 45, article 1, section 3, subdivision 3, is amended to read: 44.11 44.12 Subd. 3. Agricultural Marketing and Development 8,547,000 5,157,000 44.13$186,000 the first year and $186,000 the 44.14second year are for transfer to the Minnesota 44.15grown account and may be used as grants 44.16for Minnesota grown promotion under 44.17Minnesota Statutes, section 17.102. Grants 44.18may be made for one year. Notwithstanding 44.19Minnesota Statutes, section 16A.28, the 44.20appropriations encumbered under contract on 44.21or before June 30, 2009, for Minnesota grown 44.22grants in this paragraph are available until 44.23June 30, 2011. $50,000 of the appropriation 44.24in each year is for efforts that identify 44.25and promote Minnesota grown products 44.26in retail food establishments including but 44.27not limited to restaurants, grocery stores, 44.28and convenience stores. The balance in the 44.29Minnesota grown matching account in the 44.30agricultural fund is canceled to the Minnesota 44.31grown account in the agricultural fund and 44.32the Minnesota grown matching account is 44.33abolished. 45.1$160,000 the first year and $160,000 the 45.2second year are for grants to farmers for 45.3demonstration projects involving sustainable 45.4agriculture as authorized in Minnesota 45.5Statutes, section 17.116. Of the amount 45.6for grants, up to $20,000 may be used for 45.7dissemination of information about the 45.8demonstration projects. Notwithstanding 45.9Minnesota Statutes, section 16A.28, the 45.10appropriations encumbered under contract 45.11on or before June 30, 2009, for sustainable 45.12agriculture grants in this paragraph are 45.13available until June 30, 2011. 45.14$100,000 the first year and $100,000 45.15the second year are to provide training 45.16and technical assistance to county and 45.17town officials relating to livestock siting 45.18issues and local zoning and land use 45.19planning, including a checklist template that 45.20would clarify the federal, state, and local 45.21government requirements for consideration 45.22of an animal agriculture modernization 45.23or expansion project. In developing 45.24the training and technical assistance 45.25program, the commissioner shall seek 45.26guidance, advice, and support of livestock 45.27producer organizations, general agricultural 45.28organizations, local government associations, 45.29academic institutions, other government 45.30agencies, and others with expertise in land 45.31use and agriculture. 45.32$103,000 the first year and $106,000 the 45.33second year are for additional integrated pest 45.34management activities. 46.1$2,500,000 the first year is for the agricultural 46.2best management practices loan program. At 46.3least $2,000,000 is available for pass-through 46.4to local governments and lenders for 46.5low-interest loans new text begin and is available until spent new text end . 46.6 new text begin Any unencumbered balance that is not used new text end 46.7 new text begin for pass-through to local governments does new text end 46.8 new text begin not cancel at the end of the first year and is new text end 46.9 new text begin available for the second year. new text end 46.10$1,000,000 the first year is for the agricultural 46.11best management practices loan program for 46.12capital equipment loans for persons using 46.13native, perennial cropping systems for energy 46.14or seed production. This appropriation is 46.15available until spent. * (The preceding text 46.16beginning "$1,000,000 the first year" was 46.17indicated as vetoed by the governor.) 46.18$100,000 the first year and $100,000 the 46.19second year are for annual cost-share 46.20payments to resident farmers or persons 46.21who sell, process, or package agricultural 46.22products in this state for the costs of organic 46.23certification. Annual cost-share payments 46.24per farmer must be two-thirds of the cost 46.25of the certification or $350, whichever is 46.26less. In any year that a resident farmer or 46.27person who sells, processes, or packages 46.28agricultural products in this state receives 46.29a federal organic certification cost-share 46.30payment, that resident farmer or person is 46.31not eligible for state cost-share payments. 46.32A certified farmer is eligible to receive 46.33annual certification cost-share payments for 46.34up to five years. $15,000 each year is for 46.35organic market and program development. 46.36The commissioner may allocate any excess 47.1appropriation in either fiscal year for organic 47.2producer education efforts, assistance for 47.3persons transitioning from conventional 47.4to organic agriculture, or sustainable 47.5agriculture demonstration grants authorized 47.6under Minnesota Statutes, section 17.116, 47.7and pertaining to organic research or 47.8demonstration. Any unencumbered balance 47.9does not cancel at the end of the first year 47.10and is available for the second year. 47.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 47.12    Sec. 64. Laws 2007, chapter 45, article 1, section 3, subdivision 4, is amended to read: 47.13 47.14 Subd. 4. Bioenergy and Value-Added Agricultural Products 19,918,000 15,168,000 47.15$15,168,000 the first year and $15,168,000 47.16the second year are for ethanol producer 47.17payments under Minnesota Statutes, section 47.1841A.09 . If the total amount for which all 47.19producers are eligible in a quarter exceeds 47.20the amount available for payments, the 47.21commissioner shall make payments on a 47.22pro rata basis. If the appropriation exceeds 47.23the total amount for which all producers 47.24are eligible in a fiscal year for scheduled 47.25payments and for deficiencies in payments 47.26during previous fiscal years, the balance 47.27in the appropriation is available to the 47.28commissioner for value-added agricultural 47.29programs including the value-added 47.30agricultural product processing and 47.31marketing grant program under Minnesota 47.32Statutes, section 17.101, subdivision 5. The 47.33appropriation remains available until spent. 48.1$3,000,000 the first year is for grants to 48.2bioenergy projects. The NextGen Energy 48.3Board shall make recommendations to 48.4the commissioner on grants for owners of 48.5Minnesota facilities producing bioenergy, 48.6organizations that provide for on-station, 48.7on-farm field scale research and outreach to 48.8develop and test the agronomic and economic 48.9requirements of diverse stands of prairie 48.10plants and other perennials for bioenergy 48.11systems, or certain nongovernmental 48.12entities. For the purposes of this paragraph, 48.13"bioenergy" includes transportation fuels 48.14derived from cellulosic material as well as 48.15the generation of energy for commercial heat, 48.16industrial process heat, or electrical power 48.17from cellulosic material via gasification 48.18or other processes. The board must give 48.19priority to a bioenergy facility that is at 48.20least 60 percent owned and controlled by 48.21farmers, as defined in Minnesota Statutes, 48.22section 500.24, subdivision 2, paragraph 48.23(n), or natural persons residing in the 48.24county or counties contiguous to where the 48.25facility is located. Grants are limited to 50 48.26percent of the cost of research, technical 48.27assistance, or equipment related to bioenergy 48.28production or $500,000, whichever is less. 48.29Grants to nongovernmental entities for the 48.30development of business plans and structures 48.31related to community ownership of eligible 48.32bioenergy facilities together may not exceed 48.33$150,000. The board shall make a good 48.34faith effort to select projects that have 48.35merit and when taken together represent a 48.36variety of bioenergy technologies, biomass 49.1feedstocks, and geographic regions of the 49.2state. Projects must have a qualified engineer 49.3certification on the technology and fuel 49.4source. Grantees shall provide reports at 49.5the request of the commissioner and must 49.6actively participate in the Agricultural 49.7Utilization Research Institute's Renewable 49.8Energy Roundtable. No later than February 49.91, 2009, the commissioner shall report on 49.10the projects funded under this appropriation 49.11to the house and senate committees with 49.12jurisdiction over agriculture finance. The 49.13commissioner's costs in administering the 49.14program may be paid from the appropriation. 49.15 new text begin Any unencumbered balance does not cancel new text end 49.16 new text begin at the end of the first year and is available in new text end 49.17 new text begin the second year. new text end 49.18$350,000 the first year is for grants to 49.19the Minnesota Institute for Sustainable 49.20Agriculture at the University of Minnesota 49.21to provide funds for on-station and on-farm 49.22field scale research and outreach to develop 49.23and test the agronomic and economic 49.24requirements of diverse stands of prairie 49.25plants and other perennials for bioenergy 49.26systems including, but not limited to, 49.27multiple species selection and establishment, 49.28ecological management between planting 49.29and harvest, harvest technologies, financial 49.30and agronomic risk management, farmer 49.31goal setting and adoption of technologies, 49.32integration of wildlife habitat into 49.33management approaches, evaluation of 49.34carbon and other benefits, and robust policies 49.35needed to induce farmer conversion on 49.36marginal lands. * (The preceding text 50.1beginning "$350,000 the first year" was 50.2indicated as vetoed by the governor.) 50.3$200,000 the first year is for a grant to the 50.4Minnesota Turf Seed Council for basic 50.5and applied agronomic research on native 50.6plants, including plant breeding, nutrient 50.7management, pest management, disease 50.8management, yield, and viability. The grant 50.9recipient may subcontract with a qualified 50.10third party for some or all of the basic 50.11or applied research. The grant recipient 50.12must actively participate in the Agricultural 50.13Utilization Research Institute's Renewable 50.14Energy Roundtable and no later than 50.15February 1, 2009, must report to the house 50.16and senate committees with jurisdiction 50.17over agriculture finance. This is a onetime 50.18appropriation and is available until spent. 50.19$200,000 the first year is for a grant to a joint 50.20venture combined heat and power energy 50.21facility located in Scott or LeSueur County 50.22for the creation of a centrally located biomass 50.23fuel supply depot with the capability of 50.24unloading, processing, testing, scaling, and 50.25storing renewable biomass fuels. The grant 50.26must be matched by at least $3 of nonstate 50.27funds for every $1 of state funds. The grant 50.28recipient must actively participate in the 50.29Agricultural Utilization Research Institute's 50.30Renewable Energy Roundtable and no 50.31later than February 1, 2009, must report 50.32to the house and senate committees with 50.33jurisdiction over agriculture finance. This is 50.34a onetime appropriation and is available until 50.35spent. 51.1$300,000 the first year is for a grant to the 51.2Bois Forte Band of Chippewa for a feasibility 51.3study of a renewable energy biofuels 51.4demonstration facility on the Bois Forte 51.5Reservation in St. Louis and Koochiching 51.6Counties. The grant shall be used by the Bois 51.7Forte Band to conduct a detailed feasibility 51.8study of the economic and technical viability 51.9of developing a multistream renewable 51.10energy biofuels demonstration facility 51.11on Bois Forte Reservation land to utilize 51.12existing forest resources, woody biomass, 51.13and cellulosic material to produce biofuels or 51.14bioenergy. The grant recipient must actively 51.15participate in the Agricultural Utilization 51.16Research Institute's Renewable Energy 51.17Roundtable and no later than February 1, 51.182009, must report to the house and senate 51.19committees with jurisdiction over agriculture 51.20finance. This is a onetime appropriation and 51.21is available until spent. 51.22$300,000 the first year is for a grant to 51.23the White Earth Band of Chippewa for a 51.24feasibility study of a renewable energy 51.25biofuels production, research, and production 51.26facility on the White Earth Reservation in 51.27Mahnomen County. The grant must be used 51.28by the White Earth Band and the University 51.29of Minnesota to conduct a detailed feasibility 51.30study of the economic and technical viability 51.31of (1) developing a multistream renewable 51.32energy biofuels demonstration facility on 51.33White Earth Reservation land to utilize 51.34existing forest resources, woody biomass, 51.35and cellulosic material to produce biofuels or 51.36bioenergy, and (2) developing, harvesting, 52.1and marketing native prairie plants and seeds 52.2for bioenergy production. The grant recipient 52.3must actively participate in the Agricultural 52.4Utilization Research Institute's Renewable 52.5Energy Roundtable and no later than 52.6February 1, 2009, must report to the house 52.7and senate committees with jurisdiction 52.8over agriculture finance. This is a onetime 52.9appropriation and is available until spent. 52.10$200,000 the first year is for a grant to the Elk 52.11River Economic Development Authority for 52.12upfront engineering and a feasibility study 52.13of the Elk River renewable fuels facility. 52.14The facility must use a plasma gasification 52.15process to convert primarily cellulosic 52.16material, but may also use plastics and other 52.17components from municipal solid waste, as 52.18feedstock for the production of methanol 52.19for use in biodiesel production facilities. 52.20Any unencumbered balance in fiscal year 52.212008 does not cancel but is available for 52.22fiscal year 2009. Notwithstanding Minnesota 52.23Statutes, section 16A.285, the agency must 52.24not transfer this appropriation. The grant 52.25recipient must actively participate in the 52.26Agricultural Utilization Research Institute's 52.27Renewable Energy Roundtable and no 52.28later than February 1, 2009, must report 52.29to the house and senate committees with 52.30jurisdiction over agriculture finance. This is 52.31a onetime appropriation and is available until 52.32spent. 52.33$200,000 the first year is for a grant to 52.34Chisago County to conduct a detailed 52.35feasibility study of the economic and 52.36technical viability of developing a 53.1multistream renewable energy biofuels 53.2demonstration facility in Chisago, Isanti, 53.3or Pine County to utilize existing forest 53.4resources, woody biomass, and cellulosic 53.5material to produce biofuels or bioenergy. 53.6Chisago County may expend funds to Isanti 53.7and Pine Counties and the University of 53.8Minnesota for any costs incurred as part 53.9of the study. The feasibility study must 53.10consider the capacity of: (1) the seed bank 53.11at Wild River State Park to expand the 53.12existing prairie grass, woody biomass, and 53.13cellulosic material resources in Chisago, 53.14Isanti, and Pine Counties; (2) willing and 53.15interested landowners in Chisago, Isanti, and 53.16Pine Counties to grow cellulosic materials; 53.17and (3) the Minnesota Conservation Corps, 53.18the sentence to serve program, and other 53.19existing workforce programs in east central 53.20Minnesota to contribute labor to these efforts. 53.21The grant recipient must actively participate 53.22in the Agricultural Utilization Research 53.23Institute's Renewable Energy Roundtable and 53.24no later than February 1, 2009, must report 53.25to the house and senate committees with 53.26jurisdiction over agriculture finance. This is 53.27a onetime appropriation and is available until 53.28spent. 53.29 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 53.30    Sec. 65. Laws 2007, chapter 45, article 1, section 3, subdivision 5, is amended to read: 53.31 53.32 Subd. 5. Administration and Financial Assistance 7,338,000 6,751,000 53.33$1,005,000 the first year and $1,005,000 53.34the second year are for continuation of 54.1the dairy development and profitability 54.2enhancement and dairy business planning 54.3grant programs established under Laws 1997, 54.4chapter 216, section 7, subdivision 2, and 54.5Laws 2001, First Special Session chapter 2, 54.6section 9, subdivision 2 . The commissioner 54.7may allocate the available sums among 54.8permissible activities, including efforts to 54.9improve the quality of milk produced in the 54.10state in the proportions that the commissioner 54.11deems most beneficial to Minnesota's dairy 54.12farmers. The commissioner must submit a 54.13work plan detailing plans for expenditures 54.14under this program to the chairs of the 54.15house and senate committees dealing with 54.16agricultural policy and budget on or before 54.17the start of each fiscal year. If significant 54.18changes are made to the plans in the course 54.19of the year, the commissioner must notify the 54.20chairs. 54.21$50,000 the first year and $50,000 the 54.22second year are for the Northern Crops 54.23Institute. These appropriations may be spent 54.24to purchase equipment. 54.25$19,000 the first year and $19,000 the 54.26second year are for a grant to the Minnesota 54.27Livestock Breeders Association. 54.28$250,000 the first year and $250,000 the 54.29second year are for grants to the Minnesota 54.30Agricultural Education Leadership Council 54.31for programs of the council under Minnesota 54.32Statutes, chapter 41D. 54.33$600,000 the first year is for grants for 54.34fertilizer research as awarded by the 54.35Minnesota Agricultural Fertilizer Research 55.1and Education Council under Minnesota 55.2Statutes, section 18C.71. No later than 55.3February 1, 2009, new text begin The amount available to new text end 55.4 new text begin the commissioner pursuant to Minnesota new text end 55.5 new text begin Statutes, section 18C.70, subdivision 2, for new text end 55.6 new text begin administration of this activity is available new text end 55.7 new text begin until February 1, 2009, by which time new text end the 55.8commissioner shall report to the house and 55.9senate committees with jurisdiction over 55.10agriculture finance. The report must include 55.11the progress and outcome of funded projects 55.12as well as the sentiment of the council 55.13concerning the need for additional research 55.14funded through an industry checkoff fee. 55.15$465,000 the first year and $465,000 the 55.16second year are for payments to county and 55.17district agricultural societies and associations 55.18under Minnesota Statutes, section 38.02, 55.19subdivision 1 . Aid payments to county and 55.20district agricultural societies and associations 55.21shall be disbursed not later than July 15 of 55.22each year. These payments are the amount of 55.23aid owed by the state for an annual fair held 55.24in the previous calendar year. 55.25$65,000 the first year and $65,000 the second 55.26year are for annual grants to the Minnesota 55.27Turf Seed Council for basic and applied 55.28research on the improved production of 55.29forage and turf seed related to new and 55.30improved varieties. The grant recipient may 55.31subcontract with a qualified third party for 55.32some or all of the basic and applied research. 55.33$500,000 the first year and $500,000 the 55.34second year are for grants to Second Harvest 55.35Heartland on behalf of Minnesota's six 56.1Second Harvest food banks for the purchase 56.2of milk for distribution to Minnesota's food 56.3shelves and other charitable organizations 56.4that are eligible to receive food from the food 56.5banks. Milk purchased under the grants must 56.6be acquired from Minnesota milk processors 56.7and based on low-cost bids. The milk must be 56.8allocated to each Second Harvest food bank 56.9serving Minnesota according to the formula 56.10used in the distribution of United States 56.11Department of Agriculture commodities 56.12under The Emergency Food Assistance 56.13Program (TEFAP). Second Harvest 56.14Heartland must submit quarterly reports 56.15to the commissioner on forms prescribed 56.16by the commissioner. The reports must 56.17include, but are not limited to, information 56.18on the expenditure of funds, the amount 56.19of milk purchased, and the organizations 56.20to which the milk was distributed. Second 56.21Harvest Heartland may enter into contracts 56.22or agreements with food banks for shared 56.23funding or reimbursement of the direct 56.24purchase of milk. Each food bank receiving 56.25money from this appropriation may use up to 56.26two percent of the grant for administrative 56.27expenses. 56.28$100,000 the first year and $100,000 the 56.29second year are for transfer to the Board of 56.30Trustees of the Minnesota State Colleges and 56.31Universities for mental health counseling 56.32support to farm families and business 56.33operators through farm business management 56.34programs at Central Lakes College and 56.35Ridgewater College. 57.1$18,000 the first year and $18,000 the 57.2second year are for grants to the Minnesota 57.3Horticultural Society. 57.4$50,000 is for a grant to the University of 57.5Minnesota, Department of Horticultural 57.6Science, Enology Laboratory, to upgrade 57.7and purchase instrumentation to allow 57.8rapid and accurate measurement of enology 57.9components. This is a onetime appropriation 57.10and is available until expended. 57.11    Sec. 66. new text begin AGRICULTURAL AND OPEN SPACE PRESERVATION TASK new text end 57.12 new text begin FORCE. new text end 57.13     new text begin An agricultural and open space preservation task force is created to study state and new text end 57.14 new text begin local policies and incentives related to encouraging farms, privately owned forest lands, new text end 57.15 new text begin and other privately owned open spaces to be preserved. The task force shall consist of two new text end 57.16 new text begin members of the senate appointed by the Subcommittee on Committees of the Committee new text end 57.17 new text begin on Rules and Administration, including one member of the minority; one member of the new text end 57.18 new text begin majority party in the house of representatives, appointed by the speaker of the house of new text end 57.19 new text begin representatives, and one member of the minority party in the house of representatives new text end 57.20 new text begin appointed by the minority leader; and one representative each from the Association of new text end 57.21 new text begin Minnesota Counties, the League of Minnesota Cities, and the Minnesota Association of new text end 57.22 new text begin Townships. The task force shall consult with representatives of agricultural groups such as new text end 57.23 new text begin Farm Bureau and Farmer's Union, the commissioners of agriculture and natural resources, new text end 57.24 new text begin the executive director of the Board of Soil and Water Resources, and other state agencies new text end 57.25 new text begin as needed and may consult with other interested parties. No public member of the task new text end 57.26 new text begin force shall be entitled to compensation or reimbursements for expenses. Appointments new text end 57.27 new text begin shall be made by July 1, 2008, and the first meeting shall be convened by agreement of new text end 57.28 new text begin the senate members no later than August 1, 2008. The task force shall elect a chair from new text end 57.29 new text begin among its members at the first meeting. The task force must report its findings with new text end 57.30 new text begin recommendations for proposed legislation to the chair and ranking minority member of new text end 57.31 new text begin the committees in the house of representatives and senate with jurisdiction over land use new text end 57.32 new text begin planning no later than January 30, 2009. The task force shall expire on June 30, 2009. new text end 57.33    Sec. 67. new text begin PROPOSAL; PETROLEUM INSPECTION FEE REVENUE. new text end 58.1     new text begin The commissioners of finance, commerce, and pollution control must develop and new text end 58.2 new text begin submit to the legislature as part of their next biennial budget request a proposal for new text end 58.3 new text begin eliminating, to the extent feasible, redundant fuel inspections and dedicating, to the extent new text end 58.4 new text begin feasible, all revenue from the petroleum inspection fee levied on petroleum products under new text end 58.5 new text begin Minnesota Statutes, section 239.101, subdivision 3, to the Weights and Measures Division new text end 58.6 new text begin of the Department of Commerce. All additional funding appropriated to the Weights and new text end 58.7 new text begin Measures Division under this proposal must be used for increased and enhanced fuel new text end 58.8 new text begin quality assurance enforcement activities and equipment and for educational activities new text end 58.9 new text begin focused on the handling, distribution, and use of biodiesel fuel. new text end 58.10    Sec. 68. new text begin TECHNICAL COLD WEATHER ISSUES. new text end 58.11     new text begin The commissioners of agriculture and commerce shall consult with stakeholders new text end 58.12 new text begin who are technical experts in cold weather biodiesel and petroleum diesel issues to new text end 58.13 new text begin consider and make recommendations regarding improvements in the production, blending, new text end 58.14 new text begin handling, and distribution of biodiesel blends to further ensure the performance of these new text end 58.15 new text begin fuels in cold weather. The commissioners shall issue a report on these issues by February new text end 58.16 new text begin 15, 2009, to the chairs and ranking minority members of the legislature with jurisdiction new text end 58.17 new text begin over agriculture and commerce policy and finance. new text end 58.18    Sec. 69. new text begin BIOBASED DIESEL ALTERNATIVES. new text end 58.19     new text begin By January 15, 2011, the commissioners of agriculture, commerce, and pollution new text end 58.20 new text begin control shall consult with a broad range of stakeholders with technical expertise to new text end 58.21 new text begin develop and present recommendations to the NextGen Energy Board and to the chairs and new text end 58.22 new text begin ranking minority members of the Environment, Agriculture, Transportation, and Energy new text end 58.23 new text begin Policy and Finance Committees for the use of biobased diesel alternatives in the state, new text end 58.24 new text begin after reviewing the technology, economics, and operational characteristics associated new text end 58.25 new text begin with their use. For the purposes of this section, "biobased diesel alternatives" means new text end 58.26 new text begin alternatives to petroleum diesel fuel that are warrantied for use in a standard diesel engine new text end 58.27 new text begin without modification and derived from a biological resource. The commissioners may new text end 58.28 new text begin not recommend the use of a biobased diesel alternative for which an ASTM specification new text end 58.29 new text begin has not been developed, and which does not provide at least the equivalent environmental new text end 58.30 new text begin emissions benefits and local economic development potential as biodiesel produced using new text end 58.31 new text begin feedstocks grown or raised in the United States and Canada. new text end 58.32    Sec. 70. new text begin 2008 FAMILY MOTOR COACH ASSOCIATION EVENT. new text end 58.33     new text begin For the 2008 Family Motor Coach Association event held on the State Fair grounds, new text end 58.34 new text begin the fee the State Agricultural Society must obtain for expansion of the recreational new text end 59.1 new text begin camping area license, as required in Minnesota Statutes, section 327.15, shall be 50 new text end 59.2 new text begin percent of the primary license fee prescribed in Minnesota Rules, part 4630.2000. new text end 59.3    Sec. 71. new text begin VIRAL HEMORRHAGIC SEPTICEMIA TESTING. new text end 59.4     new text begin The commissioner of natural resources shall form a work group with the new text end 59.5 new text begin commissioners of agriculture and health and develop a plan for detecting and responding new text end 59.6 new text begin to the presence of the fish virus Viral Hemorrhagic Septicemia (VHS) in Minnesota. The new text end 59.7 new text begin plan must cover how the joint laboratory facility at the Departments of Agriculture and new text end 59.8 new text begin Health may be used to provide testing needed to diagnose and respond to VHS. No later new text end 59.9 new text begin than January 5, 2009, the commissioner of natural resources shall present the plan to new text end 59.10 new text begin the chairs of the house and senate committees with jurisdiction over agriculture, health, new text end 59.11 new text begin and natural resources policy and finance. new text end 59.12    Sec. 72. new text begin NEXTGEN 2007 APPROPRIATION MODIFICATION. new text end 59.13     new text begin Up to $300,000 of the amount appropriated to the commissioner of agriculture for new text end 59.14 new text begin bioenergy grants under Laws 2007, chapter 45, article 1, section 3, subdivision 4, is for new text end 59.15 new text begin cold weather biodiesel blending infrastructure grants to facilities that serve Minnesota. new text end 59.16    Sec. 73. new text begin 2007 APPROPRIATION MODIFICATION. new text end 59.17     new text begin The commissioner may use up to $100,000 of the amount appropriated for dairy new text end 59.18 new text begin development and profitability enhancement and dairy business planning grants in fiscal new text end 59.19 new text begin year 2009 under Laws 2007, chapter 45, article 1, section 3, subdivision 5, for activities new text end 59.20 new text begin related to marketing, business planning, and educational efforts to assist all livestock new text end 59.21 new text begin operations located within a bovine tuberculosis modified accredited zone, as designated by new text end 59.22 new text begin the United States Department of Agriculture. new text end 59.23ARTICLE 2 59.24VETERANS POLICY 59.25    Section 1. Minnesota Statutes 2006, section 13.785, is amended by adding a 59.26subdivision to read: 59.27     new text begin Subd. 4. new text end new text begin Deceased veterans data. new text end new text begin Data relating to veterans deceased as a result of new text end 59.28 new text begin service-connected causes are classified under section 197.225. new text end 59.29 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 59.30    Sec. 2. Minnesota Statutes 2006, section 168.1255, subdivision 1, is amended to read: 59.31    Subdivision 1. General requirements and procedures. The commissioner shall 59.32issue special veteran contribution plates new text begin or a single motorcycle plate new text end to an applicant who: 60.1    (1) is a veteran, as defined in section 197.447; 60.2    (2) is a registered owner of a passenger automobile new text begin or motorcycle new text end ; 60.3    (3) pays a fee of $10 to cover the costs of handling and manufacturing the plates; 60.4    (4) pays the registration tax required under section 168.013; 60.5    (5) pays the fees required under this chapter; 60.6    (6) pays an additional onetime World War II memorial contribution of $30, which 60.7the department shall retain until all start-up costs associated with the development and 60.8issuing of the plates have been recovered, after which the commissioner shall deposit 60.9contributions in the World War II donation match account; and 60.10    (7) complies with this chapter and rules governing the registration of motor vehicles 60.11and licensing of drivers. 60.12    Sec. 3. Minnesota Statutes 2006, section 168.1255, is amended by adding a subdivision 60.13to read: 60.14     new text begin Subd. 1a. new text end new text begin Motorcycle plate. new text end new text begin A motorcycle plate issued under this section must be new text end 60.15 new text begin the same size as a regular motorcycle plate. new text end 60.16    Sec. 4. Minnesota Statutes 2006, section 168.1255, subdivision 3, is amended to read: 60.17    Subd. 3. Plate transfers. Despite section 168.12, subdivision 1, on payment of a 60.18transfer fee of $5, plates issued under this section may be transferred to another passenger 60.19automobile registered to the individual to whom the veteran contribution plates were 60.20issued new text begin , or a single motorcycle plate may be transferred to another motorcycle registered to new text end 60.21 new text begin the individual to whom the plate was issued new text end . 60.22    Sec. 5. Minnesota Statutes 2006, section 168.1255, is amended by adding a subdivision 60.23to read: 60.24     new text begin Subd. 6. new text end new text begin World War II memorial donation match account. new text end new text begin Money remaining new text end 60.25 new text begin in the World War II memorial donation match account after the state share of the new text end 60.26 new text begin construction costs of the World War II memorial has been paid in full is appropriated to the new text end 60.27 new text begin commissioner of veterans affairs for services and programs for veterans and their families. new text end 60.28    Sec. 6. new text begin [192.056] PROTECTION OF RESERVIST-OWNED BUSINESS DURING new text end 60.29 new text begin ACTIVE SERVICE. new text end 60.30     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin (a) The definitions in this subdivision apply to this new text end 60.31 new text begin section. new text end 60.32     new text begin (b) "Active service" has the meaning given in section 190.05, subdivision 5. new text end 61.1     new text begin (c) "Business" means a business wholly owned by a qualified service member, or new text end 61.2 new text begin jointly by the member and the member's spouse, irrespective of whether the business new text end 61.3 new text begin is a sole proprietorship, corporation, limited liability company, partnership, limited new text end 61.4 new text begin partnership, or other type of business entity. new text end 61.5     new text begin (d) "Qualified service member" means a Minnesota resident who is serving new text end 61.6 new text begin honorably as a member of the Minnesota National Guard or any other military reserve new text end 61.7 new text begin unit of the United States armed forces who has been ordered into active service for a new text end 61.8 new text begin period of 60 days or longer. new text end 61.9     new text begin Subd. 2. new text end new text begin Protection provided. new text end new text begin (a) Notwithstanding any other law or rule to the new text end 61.10 new text begin contrary, the business of a qualified service member may be exempted from civil court new text end 61.11 new text begin proceedings for part or all of the period of the member's active military service and for up new text end 61.12 new text begin to 60 days thereafter, as provided in this section. new text end 61.13     new text begin (b) If the business of a qualified service member is a defendant in a civil action, the new text end 61.14 new text begin court may, on its own motion, grant a stay in the proceedings for a minimum of 60 days. new text end 61.15 new text begin The court, on its own motion, may renew the stay as the court considers appropriate. If the new text end 61.16 new text begin qualified service member petitions the court in any manner for a stay, the court must grant new text end 61.17 new text begin a stay for a minimum of 60 days, provided that: new text end 61.18     new text begin (1) the service member submits to the court a letter or other communication setting new text end 61.19 new text begin forth facts stating the manner in which current military duty requirements materially affect new text end 61.20 new text begin the service member's ability to appear or otherwise participate in the proceedings, and new text end 61.21 new text begin stating a date when the service member will be available to appear or otherwise participate new text end 61.22 new text begin in the proceedings; and new text end 61.23     new text begin (2) the service member submits a letter or other communication from the service new text end 61.24 new text begin member's commanding officer stating that the service member's current military duty new text end 61.25 new text begin prevents appearance and that military leave is not authorized for the service member new text end 61.26 new text begin at the time of the letter. new text end 61.27     new text begin (c) A service member's communication with the court requesting a stay does not new text end 61.28 new text begin constitute an appearance for jurisdictional purposes and does not constitute a waiver of new text end 61.29 new text begin any substantive or procedural defense, including a defense relating to lack of personal new text end 61.30 new text begin jurisdiction. new text end 61.31     new text begin (d) A qualified service member who is granted a stay in the action or proceedings new text end 61.32 new text begin against the member's business may in any manner request from the court an additional new text end 61.33 new text begin stay, which the court may grant if the service member can show to the satisfaction of new text end 61.34 new text begin the court that the member's military requirements affect the member's ability to appear. new text end 61.35 new text begin However, the court is not obligated to grant the additional stay. If the court refuses to new text end 61.36 new text begin grant an additional stay, the court must provide the service member with information new text end 62.1 new text begin enabling the service member to acquire qualified legal counsel, at the service member's new text end 62.2 new text begin discretion, for defending the action. new text end 62.3     new text begin (e) If a default judgment is entered in a civil action against the business of a qualified new text end 62.4 new text begin service member during the service member's period of active military service, or within 60 new text end 62.5 new text begin days following termination of or release from the active military service, the court entering new text end 62.6 new text begin the judgment must, upon application by or on behalf of the service member, reopen the new text end 62.7 new text begin judgment for the purpose of allowing the member to defend the action if it appears that: new text end 62.8     new text begin (1) the service member was materially affected by reason of that military service in new text end 62.9 new text begin making a defense to the action; and new text end 62.10     new text begin (2) the service member has a meritorious or legal defense to the action or some new text end 62.11 new text begin part of it. new text end 62.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2008, and applies to civil new text end 62.13 new text begin court actions pending or initiated on or after that date. new text end 62.14    Sec. 7. Minnesota Statutes 2006, section 192.20, is amended to read: 62.15192.20 BREVET RANK. 62.16     new text begin Subdivision 1. new text end new text begin Personnel eligible for brevet promotion. new text end new text begin (a) new text end Officers, warrant 62.17officers, and enlisted persons of the National Guard who have, after ten years active 62.18service, resigned or retired for physical disability or otherwise, may in the discretion of the 62.19commander-in-chief, on the recommendation of the adjutant general, be commissioned 62.20by brevet, in the next higher grade than that held by them at the time of their resignation 62.21or retirement. 62.22     new text begin (b) Officers, warrant officers, or enlisted persons of the National Guard who die new text end 62.23 new text begin while in state or federal active service, as defined in section 190.05, or former officers, new text end 62.24 new text begin warrant officers, or enlisted persons of the National Guard who die as a result of injuries new text end 62.25 new text begin or other conditions incurred or aggravated while in such service may, in the discretion of new text end 62.26 new text begin the commander-in-chief, on the recommendation of the adjutant general, be commissioned new text end 62.27 new text begin by brevet, in the next higher grade than that held by them at the time of their death. new text end 62.28     new text begin (c) If a service member is wounded or killed after a battlefield commission has new text end 62.29 new text begin been approved and was pending, or if a service member was enrolled in an officer new text end 62.30 new text begin commissioning program at the time of injury or death, the person may be breveted at the new text end 62.31 new text begin rank of second lieutenant or ensign, as appropriate, following separation or discharge new text end 62.32 new text begin from military service. new text end 62.33     new text begin Subd. 2. new text end new text begin Effect of brevet rank. new text end Brevet rank shall be considered strictly honorary 62.34and shall confer no privilege of precedence or command, nor pay any emoluments. Brevet 63.1officers, warrant officers, and enlisted persons may wear the uniform of their brevet grade 63.2on occasions of ceremony. 63.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 63.4    Sec. 8. new text begin [192.325] DISCRIMINATION AGAINST FAMILY OF SERVICE new text end 63.5 new text begin MEMBER; UNPAID LEAVE REQUIRED. new text end 63.6     new text begin An employer may not: new text end 63.7     new text begin (1) discharge from employment or take adverse employment action against any new text end 63.8 new text begin employee because of the membership of that employee's spouse, parent, or child in the new text end 63.9 new text begin military forces of the United States, of this state, or any other state; or new text end 63.10     new text begin (2) discharge from employment, take adverse employment action against, or new text end 63.11 new text begin otherwise hinder an employee from attending the following kinds of events relating to the new text end 63.12 new text begin military service of the employee's spouse, parent, or child and to which the employee is new text end 63.13 new text begin invited or otherwise called upon to attend by proper military authorities: new text end 63.14     new text begin (i) departure or return ceremonies for deploying or returning military personnel new text end 63.15 new text begin or units; new text end 63.16     new text begin (ii) family training or readiness events sponsored or conducted by the military; and new text end 63.17     new text begin (iii) events held as part of official military reintegration programs. new text end 63.18     new text begin The employee must provide reasonable notice to the employer when requesting new text end 63.19 new text begin time off, and the employer must provide a reasonable amount of nonpaid time off for the new text end 63.20 new text begin employee, for the purposes enumerated in items (i) to (iii), not to exceed two consecutive new text end 63.21 new text begin days or six days in a calendar year. The employer must not compel the employee to use new text end 63.22 new text begin accumulated but unused vacation for these events. new text end 63.23     new text begin Section 645.241 does not apply to this section. new text end 63.24 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2008, and applies to new text end 63.25 new text begin employment action occurring on or after that date. new text end 63.26    Sec. 9. Minnesota Statutes 2006, section 196.021, is amended to read: 63.27196.021 DEPUTY COMMISSIONERS; DUTIES. 63.28    Subdivision 1. Appointment. The commissioner shall appoint a deputy 63.29commissioner for veteran services as provided in subdivision 2, and the board of directors 63.30of the Minnesota Veterans Homes may appoint a deputy commissioner for veteran health 63.31care as provided in section . Both deputy commissioners serve in the unclassified 63.32service, the deputy for veteran services at the pleasure of the commissioner and the deputy 63.33for veteran health care at the pleasure of the board. Both deputies shall new text begin must new text end be residents 63.34of Minnesota, citizens of the United States, and veterans as defined in section 197.447. 64.1    Subd. 2. Deputy for veteran services; Powers and duties. The deputy 64.2commissioner for veteran services has new text begin and the deputy commissioner for veteran health new text end 64.3 new text begin care have new text end those powers delegated by the commissioner that have not otherwise been 64.4delegated to the deputy commissioner for veteran health care by the commissioner or 64.5assigned to that deputy commissioner by law. A delegation must be in writing, signed 64.6by the commissioner, and filed with the secretary of state. 64.7    Sec. 10. Minnesota Statutes 2006, section 196.03, is amended to read: 64.8196.03 OFFICERS AND EMPLOYEES. 64.9    Except as provided in chapter 198, All officers and employees of the department 64.10shall be appointed by the commissioner and they shall perform such duties as may be 64.11assigned to them by the commissioner. 64.12    Sec. 11. new text begin [196.30] VETERANS HEALTH CARE ADVISORY COUNCIL. new text end 64.13     new text begin Subdivision 1. new text end new text begin Creation. new text end new text begin The Veterans Health Care Advisory Council is established new text end 64.14 new text begin to provide the Department of Veterans Affairs with advice and recommendations on new text end 64.15 new text begin providing veterans with quality long-term care and the anticipated future needs of new text end 64.16 new text begin Minnesota veterans. new text end 64.17     new text begin Subd. 2. new text end new text begin Membership. new text end new text begin (a) The council consists of nine public members appointed new text end 64.18 new text begin by the governor. The council members are: new text end 64.19     new text begin (1) seven members with extensive expertise in health care delivery, long-term care, new text end 64.20 new text begin and veterans services; new text end 64.21     new text begin (2) one licensed clinician who may be either a physician, physician's assistant, or new text end 64.22 new text begin a nurse practitioner; and new text end 64.23     new text begin (3) one additional member. new text end 64.24     new text begin (b) The governor shall designate a member to serve as the chair. new text end 64.25     new text begin (c) The commissioner of veterans affairs, or the commissioner's designee, is an ex new text end 64.26 new text begin officio, nonvoting member of the council and shall provide necessary and appropriate new text end 64.27 new text begin administrative and technical support to the council. new text end 64.28     new text begin (d) Membership terms, removal of members, and the filling of vacancies are as new text end 64.29 new text begin provided in section 15.059, subdivisions 2 and 4. Members shall not receive compensation new text end 64.30 new text begin or per diem payments, but may receive reimbursement for expenses pursuant to section new text end 64.31 new text begin 15.059, subdivision 3. new text end 64.32     new text begin Subd. 3. new text end new text begin Duties. new text end new text begin The council is an advisory group with the responsibility of new text end 64.33 new text begin providing the commissioner of veterans affairs with information and professional expertise new text end 64.34 new text begin on the delivery of quality long-term care to veterans. The council's duties include: new text end 65.1     new text begin (1) developing a new vision and strategic plan for the veterans homes that new text end 65.2 new text begin complements the Department of Veterans Affairs overall veterans service programs; new text end 65.3     new text begin (2) providing recommendations and advice on matters including clinical new text end 65.4 new text begin performance, systemwide quality improvement efforts, culture and working environment new text end 65.5 new text begin of the veterans homes, and other operational and organizational functions of the veterans new text end 65.6 new text begin homes; new text end 65.7     new text begin (3) studying and reviewing current issues and trends in the long-term care industry new text end 65.8 new text begin and the veterans community; new text end 65.9     new text begin (4) providing recommendations to the commissioner on alternative options for the new text end 65.10 new text begin delivery of long-term care to veterans so that veterans and their families can determine new text end 65.11 new text begin appropriate services under models similar to those available in the community; new text end 65.12     new text begin (5) establishing, as appropriate, subcommittees or ad hoc task forces of council new text end 65.13 new text begin members, stakeholders, and other individuals with expertise or experience to address new text end 65.14 new text begin specific issues; and new text end 65.15     new text begin (6) reviewing and providing advice on any other matter at the request of the new text end 65.16 new text begin commissioner. new text end 65.17     new text begin Subd. 4. new text end new text begin Expiration. new text end new text begin Notwithstanding section 15.059, subdivision 4, the council new text end 65.18 new text begin expires June 30, 2013. new text end 65.19    Sec. 12. new text begin [197.225] LIST OF DECEASED MILITARY PERSONNEL. new text end 65.20     new text begin (a) The commissioner of veterans affairs shall collect and maintain data about new text end 65.21 new text begin Minnesota residents who have died of service-connected causes while serving in the new text end 65.22 new text begin United States armed forces. The data may include deceased service members who are new text end 65.23 new text begin the immediate family members of Minnesota residents, but who themselves were not new text end 65.24 new text begin Minnesota residents at the time of death. The commissioner shall collect the following new text end 65.25 new text begin data: the individual's full name, military rank, branch of service, age at the time of death, new text end 65.26 new text begin and Minnesota hometown or if not a Minnesota resident at the time of death, the service new text end 65.27 new text begin member's home state. new text end 65.28     new text begin (b) Data collected pursuant to this section are nonpublic data, but may be new text end 65.29 new text begin disseminated to the individual's next of kin, and for ceremonial or honorary purposes to new text end 65.30 new text begin veterans' organizations, civic organizations, the news media, and researchers. No other new text end 65.31 new text begin use or dissemination of the data is permitted. new text end 65.32     new text begin (c) The next of kin of a veteran whose data is collected may request that the data new text end 65.33 new text begin not be disseminated for any purpose. Upon receiving such a request, the Department of new text end 65.34 new text begin Veterans Affairs must exclude the deceased veteran's data from any data disseminated for new text end 65.35 new text begin ceremonial or honorary purposes as permitted by paragraph (b). new text end 66.1     new text begin (d) Data collected pursuant to this section shall not be indicative of any person's new text end 66.2 new text begin status with regard to qualification for veterans benefits or other benefits. new text end 66.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 66.4    Sec. 13. Minnesota Statutes 2006, section 197.236, is amended to read: 66.5197.236 VETERANS CEMETERY new text begin STATE VETERANS CEMETERIES new text end . 66.6    Subd. 3. Operation and maintenance. The commissioner of veterans affairs shall 66.7supervise and control the veterans cemetery new text begin cemeteries new text end established under this section. new text begin The new text end 66.8 new text begin cemeteries are to be maintained and operated in accordance with the operational standards new text end 66.9 new text begin and measures of the National Cemetery Administration. new text end The commissioner may contract 66.10for the maintenance and operation of the cemetery new text begin cemeteries new text end . All personnel, equipment, 66.11and support necessary for maintenance and operation of the cemetery new text begin cemeteries new text end must be 66.12included in the department's budget. 66.13    Subd. 5. Rules. The commissioner of veterans affairs may adopt rules regarding the 66.14operation of the cemetery new text begin cemeteries new text end . If practicable, The commissioner shall require that 66.15upright granite markers new text begin supplied by the United States Department of Veterans Affairs new text end be 66.16used to mark all gravesites. 66.17    Subd. 6. Permanent development and maintenance account. A veterans 66.18cemetery development and maintenance account is established in the special revenue 66.19fund of the state treasury. Receipts for burial fees, earnings from the veterans cemetery 66.20trust account new text begin plot or interment allowance claims new text end , designated appropriations, and any 66.21other cemetery receipts must be deposited into this account. The money in the account, 66.22including interest earned, is appropriated to the commissioner to be used for the 66.23development, operation, maintenance, and improvement of the cemetery new text begin cemeteries new text end . 66.24To the extent practicable, the commissioner of veterans affairs must apply for available 66.25federal grants for the development and operation of the cemetery new text begin to establish, expand, or new text end 66.26 new text begin improve the cemeteries new text end . 66.27    Subd. 7. Permanent trust account. A veterans cemetery trust account is 66.28established in the special revenue fund of the state treasury. All designated appropriations 66.29and monetary donations to the cemetery must be placed in this account. The principal of 66.30this account must be invested by the State Board of Investment and may not be spent. The 66.31income from this account must be transferred as directed by the account manager to the 66.32veterans cemetery development and maintenance account. 66.33    Subd. 8. Eligibility. Any person who is eligible for burial in a national veterans 66.34cemetery is eligible for burial in the State Veterans Cemetery new text begin Cemeteries must be operated new text end 67.1 new text begin solely for the burial of service members who die on active duty, eligible veterans, and new text end 67.2 new text begin their spouses and dependent children, as defined in United States Code, title 38, section new text end 67.3 new text begin 101, paragraph (2) new text end . 67.4    Subd. 9. Burial fees. The commissioner of veterans affairs shall establish a fee 67.5schedule, which may be adjusted from time to time, for the interment of eligible family 67.6members new text begin spouses and dependent children new text end . The fees shall cover as nearly as practicable 67.7the actual costs of interment, excluding the value of the plot. The department may accept 67.8the Social Security burial allowance, if any, of the eligible family members in an amount 67.9not to exceed the actual cost of the interment. The commissioner may waive the fee 67.10in the case of an indigent eligible person. 67.11    No plot or interment fees may be charged for the burial of eligible veterans, members 67.12of the National Guard, or military reservists, except that funds available from the Social 67.13Security or veterans burial allowances, if any, must be paid to the commissioner in an 67.14amount not to exceed the actual cost of the interment, excluding the value of the plot new text begin new text end 67.15 new text begin service members who die on active duty or eligible veterans, as defined in United States new text end 67.16 new text begin Code, title 38, section 101, paragraph (2) new text end . 67.17    Prior to the interment of an eligible person, the commissioner shall request the 67.18cooperation of the eligible person's next of kin in applying to the appropriate federal 67.19agencies for payment to the cemetery of any allowable interment allowance. 67.20    Subd. 10. Allocation of plots. A person, or survivor of a person, eligible for 67.21interment in the State Veterans Cemetery may apply for a burial plot for the eligible 67.22person by submitting a request to the commissioner of veterans affairs on a form supplied 67.23by the department. The department shall allot plots on a first-come, first-served basis. To 67.24the extent that it is practical, plots must be allocated in a manner permitting the burial of 67.25eligible family members above, below, or adjacent to the eligible veteran, member of 67.26the National Guard, or military reservist. 67.27     new text begin Subd. 11. new text end new text begin Plot allowance claims. new text end new text begin The commissioner of veterans affairs must apply new text end 67.28 new text begin to the Veterans Benefits Administration for a plot or interment allowance payable to the new text end 67.29 new text begin state for expenses incurred by the state in the burial of eligible veterans in cemeteries new text end 67.30 new text begin owned and operated by the state if the burial is performed at no cost to the veteran's new text end 67.31 new text begin next of kin. new text end 67.32     new text begin Subd. 12. new text end new text begin No staff. new text end new text begin No staff may be hired for any new veterans cemetery without new text end 67.33 new text begin explicit legislative approval. new text end 68.1    Sec. 14. Minnesota Statutes 2007 Supplement, section 197.791, subdivision 1, is 68.2amended to read: 68.3    Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this 68.4section. 68.5    (b) "Commissioner" means the commissioner of veterans affairs, unless otherwise 68.6specified. 68.7    (c) "Cost of attendance" for both graduate and undergraduate students has the 68.8meaning given in section 136A.121, subdivision 6, multiplied by a factor of 1.1 new text begin 1.2 new text end . 68.9The new text begin Cost of attendance for graduate students has the meaning given in section 136A.121, new text end 68.10 new text begin subdivision 6, multiplied by a factor of 1.2, using the new text end tuition and fee maximum established 68.11by law for four-year programs shall be used to calculate the tuition and fee maximum 68.12under section 136A.121, subdivision 6, for a graduate student. new text begin For purposes of calculating new text end 68.13 new text begin the cost of attendance for graduate students, full time is eight credits or more per term or new text end 68.14 new text begin the equivalent. new text end 68.15    (d) "Child" means a natural or adopted child of a person described in subdivision 4, 68.16paragraph (a), clause (1), item (i) or (ii). 68.17    (e) "Eligible institution" means a postsecondary institution under section 136A.101, 68.18subdivision 4 new text begin , or a graduate school licensed or registered with the state of Minnesota new text end 68.19 new text begin serving only graduate students new text end . 68.20    (f) "Program" means the Minnesota GI Bill program established in this section, 68.21unless otherwise specified. 68.22    (g) "Time of hostilities" means any action by the armed forces of the United States 68.23that is recognized by the issuance of a presidential proclamation or a presidential executive 68.24order in which the armed forces expeditionary medal or other campaign service medals 68.25are awarded according to presidential executive order, and any additional period or place 68.26that the commissioner determines and designates, after consultation with the United States 68.27Department of Defense, to be a period or place where the United States is in a conflict that 68.28places persons at such a risk that service in a foreign country during that period or in that 68.29place should be considered to be included. 68.30    (h) "Veteran" has the meaning given in section 197.447. Veteran also includes 68.31a service member who has received an honorable discharge after leaving each period of 68.32federal active duty service and has: 68.33    (1) served 90 days or more of federal active duty in a foreign country during a time 68.34of hostilities in that country new text begin ; or new text end 68.35     new text begin (2) been awarded any of the following medals: new text end 68.36     new text begin (i) Armed Forces Expeditionary Medal; new text end 69.1     new text begin (ii) Kosovo Campaign Medal; new text end 69.2     new text begin (iii) Afghanistan Campaign Medal; new text end 69.3     new text begin (iv) Iraq Campaign Medal; new text end 69.4     new text begin (v) Global War on Terrorism Expeditionary Medal; or new text end 69.5     new text begin (vi) any other campaign medal authorized for service after September 11, 2001 new text end ; or 69.6    (2) new text begin (3) new text end received a service-related medical discharge from any period of service in a 69.7foreign country during a time of hostilities in that country. 69.8A service member who has fulfilled the requirements for being a veteran under this 69.9paragraph but is still serving actively in the United States armed forces is also a veteran 69.10for the purposes of this section. 69.11    Sec. 15. Minnesota Statutes 2007 Supplement, section 197.791, subdivision 4, is 69.12amended to read: 69.13    Subd. 4. Eligibility. (a) A person is eligible for educational assistance under this 69.14section if: 69.15    (1) the person is: 69.16    (i) a veteran who is serving or has served honorably in any branch or unit of the 69.17United States armed forces at any time on or after September 11, 2001; 69.18    (ii) a nonveteran who has served honorably for a total of five years or more 69.19cumulatively as a member of the Minnesota National Guard or any other active or reserve 69.20component of the United States armed forces, and any part of that service occurred on or 69.21after September 11, 2001; 69.22    (iii) the surviving spouse or child of a person who has served in the military at any 69.23time on or after September 11, 2001, and who has died as a direct result of that military 69.24service; or 69.25    (iv) the spouse or child of a person who has served in the military at any time on or 69.26after September 11, 2001, and who has a total and permanent service-connected disability 69.27as rated by the United States Veterans Administration; 69.28    (2) the person providing the military service described in clause (1), items (i) to (iv), 69.29was a Minnesota resident within six months of the time of the person's initial enlistment or 69.30any reenlistment in the United States armed forces; 69.31    (3) new text begin (2) new text end the person receiving the educational assistance is a Minnesota resident, as 69.32defined in section 136A.101, subdivision 8; and 69.33    (4) new text begin (3) new text end the person receiving the educational assistance: 69.34    (i) is an undergraduate or graduate student at an eligible institution; 70.1    (ii) is maintaining satisfactory academic progress as defined by the institution for 70.2students participating in federal Title IV programs; 70.3    (iii) is enrolled in an education program leading to a certificate, diploma, or degree 70.4at an eligible institution; 70.5    (iv) has applied for educational assistance under this section prior to the end of the 70.6academic term for which the assistance is being requested; 70.7    (v) is in compliance with child support payment requirements under section 70.8136A.121, subdivision 2 , clause (5); and 70.9    (vi) if an undergraduate student, has applied for the federal Pell Grant and the 70.10Minnesota State Grant new text begin has completed the Free Application for Federal Student Aid new text end 70.11 new text begin (FAFSA) new text end . 70.12    (b) A person's eligibility terminates when the person becomes eligible for benefits 70.13under section 135A.52. 70.14    (c) To determine eligibility, the commissioner may require official documentation, 70.15including the person's federal form DD-214 or other official military discharge papers; 70.16correspondence from the United States Veterans Administration; birth certificate; marriage 70.17certificate; proof of enrollment at an eligible institution; signed affidavits; proof of 70.18residency; proof of identity; or any other official documentation the commissioner 70.19considers necessary to determine eligibility. 70.20    (d) The commissioner may deny eligibility or terminate benefits under this section 70.21to any person who has not provided sufficient documentation to determine eligibility for 70.22the program. An applicant may appeal the commissioner's eligibility determination or 70.23termination of benefits in writing to the commissioner at any time. The commissioner 70.24must rule on any application or appeal within 30 days of receipt of all documentation that 70.25the commissioner requires. The decision of the commissioner regarding an appeal is final. 70.26However, an applicant whose appeal of an eligibility determination has been rejected by 70.27the commissioner may submit an additional appeal of that determination in writing to the 70.28commissioner at any time that the applicant is able to provide substantively significant 70.29additional information regarding the applicant's eligibility for the program. An approval 70.30of an applicant's eligibility by the commissioner following an appeal by the applicant is 70.31not retroactively effective for more than one year or the semester of the person's original 70.32application, whichever is later. 70.33    (e) Upon receiving an application with insufficient documentation to determine 70.34eligibility, the commissioner must notify the applicant within 30 days of receipt of the 70.35application that the application is being suspended pending receipt by the commissioner of 70.36sufficient documentation from the applicant to determine eligibility. 71.1    Sec. 16. Minnesota Statutes 2007 Supplement, section 197.791, subdivision 5, is 71.2amended to read: 71.3    Subd. 5. Benefit amount. (a) On approval by the commissioner of eligibility for 71.4the program, the applicant shall be awarded, on a funds-available basis, the educational 71.5assistance under the program for use at any time according to program rules at any 71.6eligible institution. 71.7    (b) The amount of educational assistance in any semester or term for an eligible 71.8person must be determined by subtracting from the eligible person's cost of attendance the 71.9amount the person received or was eligible to receive in that semester or term from: 71.10    (1) the federal Pell Grant; 71.11    (2) the state grant program under section 136A.121; and 71.12    (3) any federal military or veterans educational benefits including but not limited 71.13to the Montgomery GI Bill, GI Bill Kicker, the federal tuition assistance program, 71.14vocational rehabilitation benefits, and any other federal benefits associated with the 71.15person's status as a veteran, except veterans disability payments from the United States 71.16Veterans Administration. 71.17    (c) The amount of educational assistance for any eligible person who is a full-time 71.18student must not exceed the following: 71.19    (1) $1,000 per semester or term of enrollment; 71.20    (2) $2,000 new text begin $3,000 new text end per state fiscal year; and 71.21    (3) $10,000 in a lifetime. 71.22For a part-time student, the amount of educational assistance must not exceed $500 71.23per semester or term of enrollment. For the purpose of this paragraph, a part-time 71.24undergraduate student is a student taking fewer than 12 credits new text begin or the equivalent new text end for a 71.25semester or term of enrollment and a part-time graduate student is a student considered 71.26part time by the eligible institution the graduate student is attending. new text begin The minimum award new text end 71.27 new text begin for undergraduate and graduate students is $50 per term. new text end 71.28    Sec. 17. Minnesota Statutes 2006, section 198.32, subdivision 1, is amended to read: 71.29    Subdivision 1. Resident's rights. A resident of a Minnesota veterans home has the 71.30right to complain and otherwise exercise freedom of expression and assembly which is 71.31guaranteed by amendment I of the United States Constitution. The administrator of the 71.32home shall inform each resident in writing at the time of admission of the right to complain 71.33to the administrator about home accommodations and services. A notice of the right to 71.34complain shall be posted in the home. The administrator shall also inform each resident of 71.35the right to complain to the board or to the commissioner of veterans affairs. Each resident 72.1of a home shall be encouraged and assisted, throughout the period of stay in the home, to 72.2understand and exercise the rights of freedom of expression and assembly as a resident 72.3and as a citizen, and, to this end, the resident may voice grievances and recommend 72.4changes in policies and services to home staff, other residents, and outside representatives 72.5of the resident's choice, free from restraint, interference, coercion, discrimination, or 72.6reprisal, including retaliatory eviction. 72.7    Sec. 18. new text begin RULES TRANSFER. new text end 72.8     new text begin Minnesota Rules, chapter 9050, is transferred from the Veterans Homes Board of new text end 72.9 new text begin Directors to the commissioner of veterans affairs. The commissioner shall administer and new text end 72.10 new text begin enforce those rules and may amend or repeal them. new text end 72.11    Sec. 19. new text begin APPOINTMENTS. new text end 72.12     new text begin Notwithstanding Minnesota Statutes, section 196.30, subdivision 2, paragraph (d), new text end 72.13 new text begin the governor may make the initial appointments to the Veterans Health Care Advisory new text end 72.14 new text begin Council under Executive Order 07-20 without complying with the appointment process in new text end 72.15 new text begin Minnesota Statutes, section 15.0597. new text end 72.16    Sec. 20. new text begin OMBUDSMAN FOR VETERANS HOME RESIDENTS. new text end 72.17     new text begin The ombudsman required under Laws 2007, chapter 45, article 2, section 1, new text end 72.18 new text begin paragraph (j), must attend all meetings of the Veterans Health Care Advisory Council new text end 72.19 new text begin established in new Minnesota Statutes, section 196.30. new text end 72.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 72.21    Sec. 21. new text begin TRANSFER OF FUNDS IN VETERANS CEMETERY TRUST new text end 72.22 new text begin ACCOUNT. new text end 72.23     new text begin Notwithstanding Minnesota Statutes, section 16A.62, on June 30, 2008, all money in new text end 72.24 new text begin the veterans cemetery trust account in the special revenue fund established in Minnesota new text end 72.25 new text begin Statutes, section 197.236, subdivision 7, must be transferred to the permanent development new text end 72.26 new text begin and maintenance account in the special revenue fund under Minnesota Statutes, section new text end 72.27 new text begin 197.236, subdivision 6. new text end 72.28    Sec. 22. new text begin STATE VETERANS CEMETERY STUDY. new text end 72.29     new text begin The commissioner of veterans affairs shall evaluate the status of and need for new text end 72.30 new text begin additional veterans cemeteries in the state, including consideration of a new veterans new text end 72.31 new text begin cemetery in southern Minnesota. By January 15, 2009, the commissioner shall report new text end 73.1 new text begin the findings of the study to the chairs and ranking minority members of the legislative new text end 73.2 new text begin committees with jurisdiction over veterans policy and finance. new text end 73.3    Sec. 23. new text begin PARTNERING IN DELIVERY OF VETERANS SERVICES. new text end 73.4     new text begin The commissioner of veterans affairs must seek input from a broad range of new text end 73.5 new text begin experienced nongovernmental social service and health care providers, including both new text end 73.6 new text begin secular and faith-based service organizations, from throughout the state regarding the new text end 73.7 new text begin feasibility of public-private collaboration in providing services to Minnesota Veterans. new text end 73.8 new text begin The services may include home health care, psychological counseling, life-skills new text end 73.9 new text begin rehabilitation counseling, home hospice care, respite care, and other types of home-based new text end 73.10 new text begin health care as judged necessary by the commissioner to enable veterans to recover from new text end 73.11 new text begin service-connected injuries, illnesses, and disabilities. The commissioner must report to new text end 73.12 new text begin the legislature by January 15, 2009, with findings and recommendations for establishing new text end 73.13 new text begin the service-delivery partnerships. new text end 73.14    Sec. 24. new text begin VETERANS AFFAIRS STRATEGIC PLANNING GROUP. new text end 73.15     new text begin (a) By January 15, 2009, the Department of Veterans Affairs Strategic Planning new text end 73.16 new text begin Group shall report to the chairs and ranking minority members of the house and the new text end 73.17 new text begin senate committees with jurisdiction over veterans affairs policy and finance the group's new text end 73.18 new text begin recommendations for the Minnesota Veterans Home at Minneapolis, based on specific new text end 73.19 new text begin additional analysis of the projected capital, maintenance, and operating costs of that home, new text end 73.20 new text begin including an assessment of the feasibility of alternative operational models at that home new text end 73.21 new text begin or at alternative or additional state veterans home locations within the seven-county new text end 73.22 new text begin metropolitan area. The group must include the likelihood and projected amount of any new text end 73.23 new text begin cost-savings that could result from the demolition or remodeling and conversion of new text end 73.24 new text begin some of the infrastructure of the current campus for alternative uses and other pertinent new text end 73.25 new text begin items, such as: new text end 73.26     new text begin (1) construction of rental housing for veterans and family members of veterans new text end 73.27 new text begin receiving medical care at the nearby US/VA Medical Center or other nearby medical new text end 73.28 new text begin institutions; new text end 73.29     new text begin (2) conducting a land use study including a highest and best use analysis for the new text end 73.30 new text begin existing site and all improvements; new text end 73.31     new text begin (3) investigating opportunities for public/private partnerships in strategic land new text end 73.32 new text begin use; and new text end 73.33     new text begin (4) any other purpose judged feasible by the strategic planning group. new text end 74.1     new text begin (b) When formulating the recommendations on the matters in paragraph (a), the new text end 74.2 new text begin Department of Veterans Affairs Strategic Planning Group must consult with the following new text end 74.3 new text begin individuals or their designees: new text end 74.4     new text begin (1) the chairs and ranking minority members of the house and senate committees new text end 74.5 new text begin with jurisdiction over veterans affairs policy and finance; new text end 74.6     new text begin (2) the president and legislative chairperson of the Minnesota Association of County new text end 74.7 new text begin Veterans Service Officers; new text end 74.8     new text begin (3) the chair of the Commanders Task Force of Minnesota's congressionally new text end 74.9 new text begin chartered veterans service organizations; new text end 74.10     new text begin (4) two members each from the Minnesota departments of the American Legion, the new text end 74.11 new text begin Veterans of Foreign Wars, and the Disabled American Veterans with at least one member new text end 74.12 new text begin from each organization coming from a rural area; new text end 74.13     new text begin (5) the United Veterans Legislative Council; new text end 74.14     new text begin (6) the Adjutant General of the Minnesota National Guard; new text end 74.15     new text begin (7) the director of the Veterans Health Care Advisory Council; new text end 74.16     new text begin (8) a representative from the United States Department of Veterans Affairs; new text end 74.17     new text begin (9) representative residents of the Minnesota Veterans Homes and their families; new text end 74.18     new text begin (10) representatives of the Minneapolis delegation in the Minnesota house and new text end 74.19 new text begin senate; new text end 74.20     new text begin (11) representative residents of the Minnesota Veterans Home at Minneapolis and new text end 74.21 new text begin their families; new text end 74.22     new text begin (12) the mayor of Minneapolis; new text end 74.23     new text begin (13) the Minneapolis city planner; new text end 74.24     new text begin (14) the chair of the Metropolitan Council; new text end 74.25     new text begin (15) the director of the Minnesota Inter-County Association; and new text end 74.26     new text begin (16) the director of the Association of Minnesota Counties. new text end 74.27    Sec. 25. new text begin CONSTRUCTION PROJECT PRIORITY LISTING STATUS. new text end 74.28     new text begin In accordance with completed predesign documents, veterans population surveys, new text end 74.29 new text begin and the 2008 department construction project priority listing, the commissioner of new text end 74.30 new text begin veterans affairs shall continue to plan, develop, and pursue federal funding and other new text end 74.31 new text begin resources for the construction of projects on the listing. In consultation with the Veterans new text end 74.32 new text begin Affairs Strategic Planning Group and the Veterans Health Care Advisory Council, the new text end 74.33 new text begin commissioner must consider possible options for treatment, including, but not limited to, new text end 74.34 new text begin traumatic brain injury, posttraumatic stress disorder, and psycho-geriatric care. By January new text end 74.35 new text begin 15, 2009, the commissioner shall report to the chairs and ranking minority members of the new text end 75.1 new text begin legislative committees with jurisdiction over veterans homes policy and finance regarding new text end 75.2 new text begin the status of the department construction project priority listing and the activities required new text end 75.3 new text begin under this section. new text end 75.4    Sec. 26. new text begin COUNTY VETERANS SERVICES WORKING GROUP. new text end 75.5     new text begin Subdivision 1. new text end new text begin Creation. new text end new text begin The County Veterans Services Working Group shall new text end 75.6 new text begin consist of the following 13 members: new text end 75.7     new text begin (1) two senators, including one member from the majority party and one member new text end 75.8 new text begin from the minority party, appointed by the Subcommittee on Committees of the Committee new text end 75.9 new text begin on Rules and Administration of the senate; new text end 75.10     new text begin (2) two members of the house of representatives, one member from the majority new text end 75.11 new text begin party and one member from the minority party, appointed by the speaker of the house; new text end 75.12     new text begin (3) the commissioner and two deputy commissioners of the Minnesota Department new text end 75.13 new text begin of Veterans Affairs (MDVA), or the commissioner's designees; new text end 75.14     new text begin (4) the president, vice president, and legislative chair person of the Minnesota new text end 75.15 new text begin Association of County Veterans Service Officers (CVSOs); new text end 75.16     new text begin (5) the chair of the Commanders Task Force of Minnesota's congressionally-chartered new text end 75.17 new text begin veterans service organizations, or the chair's designee; new text end 75.18     new text begin (6) one person from the Minnesota Inter-County Association (MICA), as designated new text end 75.19 new text begin by the association board; and new text end 75.20     new text begin (7) one person from the Association of Minnesota Counties (AMC), as designated new text end 75.21 new text begin by the association board. new text end 75.22     new text begin Subd. 2. new text end new text begin Duties. new text end new text begin The working group must meet periodically to review the findings new text end 75.23 new text begin and recommendations of the 2008 report of the Office of the Legislative Auditor (OLA) new text end 75.24 new text begin on Minnesota's county veterans service offices, and make written recommendations to the new text end 75.25 new text begin legislature regarding whether and how each of that report's recommendations should be new text end 75.26 new text begin implemented. The working group may also provide additional recommendations on how new text end 75.27 new text begin to enhance the current services provided by the county veteran service offices. new text end 75.28     new text begin The working group may suggest draft legislation for legislative consideration. By new text end 75.29 new text begin January 15, 2009, the working group must report its proposed recommendations to the new text end 75.30 new text begin chairs of the senate and house committees with jurisdiction over veterans affairs, state new text end 75.31 new text begin governmental operations, and local government affairs. new text end 75.32     new text begin Subd. 3. new text end new text begin Administrative provisions. new text end new text begin (a) The commissioner of veterans affairs, or new text end 75.33 new text begin the commissioner's designee, must convene the initial meeting of the working group. new text end 75.34 new text begin Upon request of the working group, the commissioner must provide meeting space and new text end 75.35 new text begin administrative services for the group. The members of the working group must elect a new text end 76.1 new text begin chair or co-chairs from the legislative members of the working group at the initial meeting. new text end 76.2 new text begin Each subsequent meeting is at the call of the chair or co-chairs. new text end 76.3     new text begin (b) Public members of the working group serve without special compensation or new text end 76.4 new text begin special payment of expenses from the working group. new text end 76.5     new text begin (c) The working group expires on June 30, 2009, unless an extension is authorized new text end 76.6 new text begin by law by that date. new text end 76.7     new text begin Subd. 4. new text end new text begin Deadline for appointments and designations. new text end new text begin The appointments and new text end 76.8 new text begin designations authorized by this section must be completed by August 1, 2008. The new text end 76.9 new text begin working group must convene its initial meeting no later than September 1, 2008. new text end 76.10 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 76.11    Sec. 27. new text begin STUDY OF VETERANS EMPLOYMENT IN STATE GOVERNMENT. new text end 76.12     new text begin (a) By October 1, 2008, each appointing authority in the executive branch of state new text end 76.13 new text begin government, including the Minnesota State Colleges and Universities, must report to the new text end 76.14 new text begin commissioner of finance on the incidence of employment, recruitment, retention, and new text end 76.15 new text begin retirement of veterans in their nonelected workforce for fiscal year 2008. The report new text end 76.16 new text begin must be made in a manner approved by the commissioner, and for each separate hiring new text end 76.17 new text begin unit must include tabulation by age category and length of state employment in the new text end 76.18 new text begin executive branch, including the state college and university system. Each executive branch new text end 76.19 new text begin appointing authority must also report specific veteran employment data requested by the new text end 76.20 new text begin commissioner as of June 30, 2008, June 30, 2001, and an earlier date if judged feasible new text end 76.21 new text begin by the commissioner. By January 15, 2009, the commissioner must submit a report on new text end 76.22 new text begin the employment of veterans in the executive branch to the chairs of the house and senate new text end 76.23 new text begin policy and finance committees having jurisdiction over veterans affairs. The report must new text end 76.24 new text begin present and analyze the data obtained in this paragraph. new text end 76.25     new text begin (b) By October 1, 2008, the judicial branch of state government must report to new text end 76.26 new text begin the chairs of the house and senate policy and finance committees having jurisdiction new text end 76.27 new text begin over veterans affairs the number of veterans employed in the judicial branch nonelective new text end 76.28 new text begin workforce on June 30, 2008, based on self-reporting of veteran status. For each separate new text end 76.29 new text begin hiring unit, the data must include tabulation by age category and length of state new text end 76.30 new text begin employment in the judicial branch. new text end 76.31     new text begin (c) By October 1, 2008, the house of representatives, the senate, and the Legislative new text end 76.32 new text begin Coordinating Commission on behalf of joint legislative offices and commissions, must new text end 76.33 new text begin report to the chairs of the house and senate policy and finance committees having new text end 76.34 new text begin jurisdiction over veterans affairs the number of veterans employed in their nonelective new text end 76.35 new text begin workforce on June 30, 2008, based on self-reporting of veteran status. For each separate new text end 77.1 new text begin hiring unit, the data must include tabulation by age category and length of state new text end 77.2 new text begin employment in the legislative branch. new text end 77.3     new text begin (d) For purposes of this section, "veteran" has the meaning given in Minnesota new text end 77.4 new text begin Statutes, section 197.447. new text end 77.5 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 77.6    Sec. 28. new text begin WORLD WAR II SERVICE MEDALLIONS; APPROPRIATION. new text end 77.7     new text begin Subdivision 1. new text end new text begin Medallions. new text end new text begin By July 1, 2008, the commissioner of veterans new text end 77.8 new text begin affairs must notify veterans organizations that include veterans of World War II in their new text end 77.9 new text begin membership of the opportunity under this section for surviving individual veterans of new text end 77.10 new text begin World War II to obtain commemorative medallions recognizing their service in the new text end 77.11 new text begin United States armed forces during World War II. The commissioner shall establish the new text end 77.12 new text begin service criteria necessary to obtain a medallion and the cost of each medallion. Veterans new text end 77.13 new text begin organizations may collect and contribute money on behalf of their surviving individual new text end 77.14 new text begin members who meet the service criteria. No later than September 1, 2008, the organizations new text end 77.15 new text begin may submit the names of qualifying individuals and provide money to pay for the cost new text end 77.16 new text begin of the medallions to the commissioner. By October 15, 2008, the commissioner shall new text end 77.17 new text begin distribute the medallions to organizations for distribution to the qualifying individuals. new text end 77.18     new text begin Subd. 2. new text end new text begin Appropriation. new text end new text begin Money received by the commissioner under this section is new text end 77.19 new text begin appropriated to the commissioner for the purposes of this section. new text end 77.20    Sec. 29. new text begin REVISOR'S INSTRUCTION. new text end 77.21     new text begin (a) The revisor shall change "board," "board of directors," or "Veterans Homes new text end 77.22 new text begin Board of Directors" to "commissioner" wherever it is used in Minnesota Statutes, sections new text end 77.23 new text begin 198.003; 198.005; 198.006; 198.007; 198.022; 198.03; 198.05; 198.065; 198.066; 198.16; new text end 77.24 new text begin 198.23; 198.261; 198.265; 198.266; 198.31; 198.33; 198.34; 198.35; 198.36; and 198.37; new text end 77.25 new text begin and shall change "board rules" to "rules adopted under this chapter" wherever it appears in new text end 77.26 new text begin Minnesota Statutes, sections 198.007 and 198.022. new text end 77.27     new text begin (b) In Minnesota Rules, chapter 9050, the revisor shall: new text end 77.28     new text begin (1) change the terms "executive director," "executive director of the board," new text end 77.29 new text begin "executive director of the Veterans Homes Board," "Minnesota Veterans Homes Board," new text end 77.30 new text begin and "board" to "commissioner of veterans affairs" except where the term "board" is used new text end 77.31 new text begin with a different meaning in Minnesota Rules, part 9050.0040, subpart 16; new text end 77.32     new text begin (2) change the term "board-operated facility" to "facility operated by the new text end 77.33 new text begin commissioner of veterans affairs" and change the term "non-board-operated facility" to new text end 77.34 new text begin "facility not operated by the commissioner of veterans affairs"; new text end 78.1     new text begin (3) change the term "board-approved" to "approved by the commissioner of veterans new text end 78.2 new text begin affairs"; and new text end 78.3     new text begin (4) eliminate the term "board" where it is used in the third paragraph of Minnesota new text end 78.4 new text begin Rules, part 9050.1070, subpart 9. new text end 78.5     new text begin (c) The revisor shall change any of the terms in paragraph (a) or (b) to "commissioner new text end 78.6 new text begin of veterans affairs" if they are used to refer to the Veterans Homes Board of Directors or new text end 78.7 new text begin its executive director anywhere else in Minnesota Statutes or Minnesota Rules. new text end 78.8    Sec. 30. new text begin REPEALER. new text end 78.9 new text begin Minnesota Statutes 2006, sections 190.17; 197.236, subdivisions 7 and 10; 198.001, new text end 78.10 new text begin subdivisions 6 and 9; 198.002, subdivisions 1, 3, and 6; 198.003, subdivisions 5 and 6; new text end 78.11 new text begin and 198.004, subdivision 2, new text end new text begin and new text end new text begin Minnesota Statutes 2007 Supplement, sections 198.002, new text end 78.12 new text begin subdivision 2; and 198.004, subdivision 1, new text end new text begin are repealed. new text end 78.13 new text begin (b) new text end new text begin Minnesota Rules, part 9050.0040, subpart 15, new text end new text begin is repealed. new text end " 78.14Delete the title and insert: 78.15"A bill for an act 78.16relating to the operation of state government; regulating, requiring, or changing 78.17certain provisions and programs related to agriculture; creating a livestock 78.18investment grant program; modifying pesticide and fertilizer regulation; changing 78.19certain payment provisions for certain agricultural chemical corrective action 78.20costs; changing certain food sanitary provisions; changing certain fee provisions; 78.21defining certain terms; regulating egg sales and handling; increasing the somatic 78.22cell count limit for goat milk; changing ethanol payment provisions; providing 78.23for control of bovine tuberculosis; adding a member to the NextGen Energy 78.24Board; modifying the expiration date for the NextGen Energy Board; establishing 78.25requirements for practicing animal chiropractic care; recognizing a Program 78.26for the Assessment of Veterinary Education Equivalence certification; limiting 78.27use of certain drugs; changing certain requirements; regulating prescription of 78.28veterinary drugs; changing ethanol blending provisions; modifying definition of 78.29biodiesel; increasing minimum biodiesel content; creating a tiered biodiesel 78.30content goal; requiring counties to consider natural heritage data in adopting 78.31or amending comprehensive plans; requiring local governments to consider 78.32comprehensive plans to limit development on agricultural, forest, wildlife, 78.33and open space land; establishing a task force; modifying 2007 appropriation 78.34language; creating an advisory council, a working group, and a planning group 78.35and requiring certain studies; changing certain provisions and programs related 78.36to veterans and members of the military; providing for certain medallions; 78.37transferring certain duties related to veterans homes; appropriating money; 78.38amending Minnesota Statutes 2006, sections 13.785, by adding a subdivision; 78.3918B.065, subdivisions 2, 7; 18B.07, subdivision 2; 18D.305, subdivision 2; 78.4018E.04, subdivision 2; 28A.03, by adding a subdivision; 28A.05; 28A.08; 78.4128A.082, by adding a subdivision; 28A.09, subdivision 1; 29.23; 31.05; 31.171; 78.4241A.09, subdivision 3a; 41D.01, subdivision 4; 97A.028, subdivision 3; 148.01, 78.43subdivision 1, by adding subdivisions; 156.001, by adding a subdivision; 156.02, 78.44subdivisions 1, 2; 156.04; 156.072, subdivision 2; 156.073; 156.12, subdivisions 78.452, 4, 6; 156.15, subdivision 2; 156.16, subdivisions 3, 10; 156.18, subdivisions 1, 78.462; 156.19; 168.1255, subdivisions 1, 3, by adding subdivisions; 192.20; 196.021; 78.47196.03; 197.236; 198.32, subdivision 1; 239.051, subdivision 15; 239.77, as 79.1amended; 239.7911, subdivision 2; 296A.01, subdivision 2; 394.232, subdivision 79.26; 462.355, subdivision 1; 462.357, by adding subdivisions; Minnesota Statutes 79.32007 Supplement, sections 18B.065, subdivisions 1, 2a; 18B.26, subdivision 79.43; 31.175; 41A.105; 197.791, subdivisions 1, 4, 5; 239.761, subdivision 4, by 79.5adding subdivisions; 296A.01, subdivisions 8a, 25; 394.23; Laws 2007, chapter 79.645, article 1, section 3, subdivisions 3, 4, 5; proposing coding for new law 79.7in Minnesota Statutes, chapters 17; 32; 148; 192; 196; 197; 394; repealing 79.8Minnesota Statutes 2006, sections 190.17; 197.236, subdivisions 7, 10; 198.001, 79.9subdivisions 6, 9; 198.002, subdivisions 1, 3, 6; 198.003, subdivisions 5, 6; 79.10198.004, subdivision 2; Minnesota Statutes 2007 Supplement, sections 198.002, 79.11subdivision 2; 198.004, subdivision 1; Minnesota Rules, part 9050.0040, subpart 79.1215." We request the adoption of this report and repassage of the bill.Senate Conferees: (Signed) Jim Vickerman, Dan Skogen, Steve Dille, Steve Murphy, Sharon L. Erickson RopesHouse Conferees: (Signed) Al Juhnke, Mary Ellen Otremba, Lyle Koenen, Rod Hamilton, Karla Bigham 80.1 We request the adoption of this report and repassage of the bill. 80.2 Senate Conferees:(Signed) 80.3 ..... ..... 80.4 Jim Vickerman Dan Skogen 80.5 ..... ..... 80.6 Steve Dille Steve Murphy 80.7 ..... 80.8 Sharon L. Erickson Ropes 80.9 House Conferees:(Signed) 80.10 ..... ..... 80.11 Al Juhnke Mary Ellen Otremba 80.12 ..... ..... 80.13 Lyle Koenen Rod Hamilton 80.14 ..... 80.15 Karla Bigham