SF 3683

1st Unofficial Engrossment - 85th Legislature (2007 - 2008)

Posted on 12/15/2009 12:00 a.m.

1.1A bill for an act 1.2relating to the operation of state government; making certain changes in 1.3agriculture, fuel, and veterans policy; establishing or changing certain programs, 1.4requirements, and procedures; regulating certain activities; establishing a 1.5planning group and a working group; appropriating money;amending Minnesota 1.6Statutes 2006, sections 13.785, by adding a subdivision; 18B.065, subdivisions 1.72, 7; 18B.07, subdivision 2; 18D.305, subdivision 2; 18E.04, subdivision 2; 1.828A.03, by adding a subdivision; 28A.08; 28A.082, by adding a subdivision; 1.928A.09, subdivision 1; 29.23; 31.05; 31.171; 41D.01, subdivision 4; 97A.028, 1.10subdivision 3; 148.01, subdivision 1, by adding subdivisions; 192.20; 192.32, 1.11by adding a subdivision; 196.021; 196.03; 197.236; 198.32, subdivision 1; 1.12239.051, subdivision 15; 239.77, as amended; 239.7911, subdivision 2; 296A.01, 1.13subdivision 2; 349.12, subdivision 3a; 609.115, by adding a subdivision; 1.14Minnesota Statutes 2007 Supplement, sections 18B.065, subdivisions 1, 2a; 1.1518B.26, subdivision 3; 31.175; 35.244; 41A.105, subdivision 2; 197.791, 1.16subdivisions 1, 4, 5; 239.761, subdivision 4, by adding subdivisions; 296A.01, 1.17subdivisions 8a, 25; Laws 2007, chapter 45, article 1, section 3, subdivisions 3, 1.184, 5; proposing coding for new law in Minnesota Statutes, chapters 17; 32; 148; 1.19192; 196; 197; repealing Minnesota Statutes 2006, sections 190.17; 197.236, 1.20subdivisions 7, 10; 198.001, subdivisions 6, 9; 198.002, subdivisions 1, 3, 6; 1.21198.003, subdivisions 5, 6; 198.004, subdivision 2; Minnesota Statutes 2007 1.22Supplement, sections 41A.105, subdivision 5; 198.002, subdivision 2; 198.004, 1.23subdivision 1; Minnesota Rules, part 9050.0040, subpart 15. 1.24BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.25ARTICLE 1 1.26AGRICULTURE POLICY 1.27    Section 1. new text begin [17.118] LIVESTOCK INVESTMENT GRANT PROGRAM. new text end 1.28     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 1.29 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 1.30 new text begin of qualifying expenditures, provided the person makes qualifying expenditures of at least new text end 2.1 new text begin $4,000. The commissioner may award multiple livestock investment grants to a person new text end 2.2 new text begin over the life of the program as long as the cumulative amount does not exceed $50,000. new text end 2.3     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 2.4 new text begin subdivision have the meanings given them. new text end 2.5     new text begin (b) "Livestock" means beef cattle, dairy cattle, swine, poultry, goats, mules, farmed new text end 2.6 new text begin cervidae, ratitae, bison, sheep, horses, and llamas. new text end 2.7     new text begin (c) "Qualifying expenditures" means the amount spent for: new text end 2.8     new text begin (1) the acquisition, construction, or improvement of buildings or facilities for the new text end 2.9 new text begin production of livestock or livestock products; new text end 2.10     new text begin (2) the development of pasture for use by livestock including, but not limited to, the new text end 2.11 new text begin acquisition, development, or improvement of: new text end 2.12     new text begin (i) lanes used by livestock returning from pasture to a central location; new text end 2.13     new text begin (ii) watering systems for livestock on pasture including water lines and booster new text end 2.14 new text begin pumps well installations; new text end 2.15     new text begin (iii) livestock stream crossing stabilization; and new text end 2.16     new text begin (iv) fences; or new text end 2.17     new text begin (3) the acquisition of equipment for livestock housing, confinement, feeding, and new text end 2.18 new text begin waste management including, but not limited to, the following: new text end 2.19     new text begin (i) freestall barns; new text end 2.20     new text begin (ii) watering facilities; new text end 2.21     new text begin (iii) feed storage and handling equipment; new text end 2.22     new text begin (iv) milking parlors; new text end 2.23     new text begin (v) robotic equipment; new text end 2.24     new text begin (vi) scales; new text end 2.25     new text begin (vii) milk storage and cooling facilities; new text end 2.26     new text begin (viii) bulk tanks; new text end 2.27     new text begin (ix) computer hardware and software and associated equipment used to monitor new text end 2.28 new text begin the productivity and feeding of livestock; new text end 2.29     new text begin (x) manure pumping and storage facilities; new text end 2.30     new text begin (xi) swine farrowing facilities; new text end 2.31     new text begin (xii) swine and cattle finishing barns; new text end 2.32     new text begin (xiii) calving facilities; new text end 2.33     new text begin (xiv) digesters; new text end 2.34     new text begin (xv) equipment used to produce energy; new text end 2.35     new text begin (xvi) on-farm processing facilities equipment; new text end 2.36     new text begin (xvii) fences; and new text end 3.1     new text begin (xviii) livestock pens and corrals and sorting, restraining, and loading chutes. new text end 3.2     new text begin Except for qualifying pasture development expenditures under clause (2), qualifying new text end 3.3 new text begin expenditures only include amounts that are allowed to be capitalized and deducted under new text end 3.4 new text begin either section 167 or 179 of the Internal Revenue Code in computing federal taxable new text end 3.5 new text begin income. Qualifying expenditures do not include an amount paid to refinance existing debt. new text end 3.6     new text begin (d) "Qualifying period" means, for a grant awarded during a fiscal year, that full new text end 3.7 new text begin calendar year of which the first six months precede the first day of the current fiscal year. new text end 3.8 new text begin For example, an eligible person who makes qualifying expenditures during calendar new text end 3.9 new text begin year 2008 is eligible to receive a livestock investment grant between July 1, 2008, and new text end 3.10 new text begin June 30, 2009. new text end 3.11     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 3.12 new text begin must: new text end 3.13     new text begin (1) be a resident of Minnesota or an entity authorized to farm in this state under new text end 3.14 new text begin section 500.24, subdivision 3; new text end 3.15     new text begin (2) be the principal operator of the farm; new text end 3.16     new text begin (3) hold an appropriate feedlot registration; and new text end 3.17     new text begin (4) apply to the commissioner on forms prescribed by the commissioner including a new text end 3.18 new text begin statement of the qualifying expenditures made during the qualifying period along with any new text end 3.19 new text begin proof or other documentation the commissioner may require. new text end 3.20     new text begin (b) The $50,000 maximum grant applies at the entity level for partnerships, S new text end 3.21 new text begin corporations, C corporations, trusts, and estates as well as at the individual level. In the new text end 3.22 new text begin case of married individuals, the grant is limited to $50,000 for a married couple. new text end 3.23     new text begin Subd. 4. new text end new text begin Process. new text end new text begin The commissioner shall review completed applications and new text end 3.24 new text begin award grants to eligible applicants in the order in which applications were received by new text end 3.25 new text begin the commissioner. The commissioner shall certify eligible applications up to the amount new text end 3.26 new text begin appropriated for a fiscal year. The commissioner must place any additional eligible new text end 3.27 new text begin applications on a waiting list and, notwithstanding subdivision 2, paragraph (c), give new text end 3.28 new text begin them priority during the next fiscal year. The commissioner shall notify in writing any new text end 3.29 new text begin applicant who applies for a grant and is ineligible under the provisions of this section new text end 3.30 new text begin as well as any applicant whose application is received or reviewed after the fiscal year new text end 3.31 new text begin funding limit has been reached. new text end 3.32    Sec. 2. Minnesota Statutes 2007 Supplement, section 18B.065, subdivision 1, is 3.33amended to read: 3.34    Subdivision 1. Collection and disposal. The commissioner of agriculture shall 3.35establish and operate a program to collect new text begin and dispose of new text end waste pesticides. The program 4.1must be made available to agriculture new text begin agricultural new text end and residential pesticide end users 4.2whose waste generating activity occurs in this state. 4.3 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 4.4 new text begin cooperative agreements entered into by the commissioner of agriculture and local units of new text end 4.5 new text begin government for waste pesticide collection and disposal after that date. new text end 4.6    Sec. 3. Minnesota Statutes 2006, section 18B.065, subdivision 2, is amended to read: 4.7    Subd. 2. Implementation. (a) The commissioner may obtain a United States 4.8Environmental Protection Agency hazardous waste identification number to manage the 4.9waste pesticides collected. 4.10    (b) The commissioner may new text begin not new text end limit the type and quantity of waste pesticides 4.11accepted for collection and may new text begin not new text end assess pesticide end users for portions of the costs 4.12incurred. 4.13    Sec. 4. Minnesota Statutes 2007 Supplement, section 18B.065, subdivision 2a, is 4.14amended to read: 4.15    Subd. 2a. Disposal site requirement. new text begin (a) For agricultural waste pesticides, new text end the 4.16commissioner must designate a place in each county of the state that is available at least 4.17every other year for persons to dispose of unused portions of new text begin agricultural new text end pesticides 4.18in accordance with subdivision 1. The commissioner shall consult with the person 4.19responsible for solid waste management and disposal in each county to determine an 4.20appropriate location new text begin and to advertise each collection event new text end . 4.21     new text begin (b) For residential waste pesticides, the commissioner must provide periodic new text end 4.22 new text begin disposal opportunities each year in each county. As provided under subdivision 7, the new text end 4.23 new text begin commissioner may enter into agreements with county or regional solid waste management new text end 4.24 new text begin entities to provide these collections and shall provide these entities with funding for all new text end 4.25 new text begin costs incurred including, but not limited to, related supplies, transportation, advertising, new text end 4.26 new text begin and disposal costs as well as reasonable overhead costs. new text end 4.27     new text begin (c) The person responsible for waste pesticide collections under paragraphs (a) and new text end 4.28 new text begin (b) shall record information on each waste pesticide product collected including, but not new text end 4.29 new text begin limited to, the product name, active ingredient or ingredients, and the quantity. The person new text end 4.30 new text begin must submit this information to the commissioner at least annually. new text end 4.31 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 4.32 new text begin cooperative agreements entered into by the commissioner of agriculture and local units of new text end 4.33 new text begin government for waste pesticide collection and disposal after that date. new text end 5.1    Sec. 5. Minnesota Statutes 2006, section 18B.065, subdivision 7, is amended to read: 5.2    Subd. 7. Cooperative agreements. The commissioner may enter into cooperative 5.3agreements with state agencies and local units of government for administration of the 5.4waste pesticide collection program. new text begin The commissioner shall ensure that the program is new text end 5.5 new text begin carried out in all counties. If the commissioner cannot contract with another party to new text end 5.6 new text begin administer the program in a county, the commissioner shall perform collections according new text end 5.7 new text begin to the provisions of this section. new text end 5.8    Sec. 6. Minnesota Statutes 2006, section 18B.07, subdivision 2, is amended to read: 5.9    Subd. 2. Prohibited pesticide use. (a) A person may not use, store, handle, 5.10distribute, or dispose of a pesticide, rinsate, pesticide container, or pesticide application 5.11equipment in a manner: 5.12    (1) that is inconsistent with a label or labeling as defined by FIFRA; 5.13    (2) that endangers humans, damages agricultural products, food, livestock, fish, 5.14or wildlife; or 5.15    (3) that will cause unreasonable adverse effects on the environment. 5.16    (b) A person may not direct a pesticide onto property beyond the boundaries of the 5.17target site. new text begin A pesticide application resulting in pesticide drift beyond the boundaries of new text end 5.18 new text begin the target site, whether intentional or not, is illegal. new text end A person may not apply a pesticide 5.19resulting in damage to adjacent property. 5.20    (c) A person may not directly apply a pesticide on a human by overspray or target 5.21site spray, except when: 5.22    (1) the pesticide is intended for use on a human; 5.23    (2) the pesticide application is for mosquito control operations; 5.24    (3) the pesticide application is for control of gypsy moth, forest tent caterpillar, 5.25or other pest species, as determined by the commissioner, and the pesticide used is a 5.26biological agent; or 5.27    (4) the pesticide application is for a public health risk, as determined by the 5.28commissioner of health, and the commissioner of health, in consultation with the 5.29commissioner of agriculture, determines that the application is warranted based on 5.30the commissioner's balancing of the public health risk with the risk that the pesticide 5.31application poses to the health of the general population, with special attention to the 5.32health of children. 5.33    (d) For pesticide applications under paragraph (c), clause (2), the following 5.34conditions apply: 5.35    (1) no practicable and effective alternative method of control exists; 6.1    (2) the pesticide is among the least toxic available for control of the target pest; and 6.2    (3) notification to residents in the area to be treated is provided at least 24 hours 6.3before application through direct notification, posting daily on the treating organization's 6.4Web site, if any, and by sending a broadcast e-mail to those persons who request 6.5notification of such, of those areas to be treated by adult mosquito control techniques 6.6during the next calendar day. For control operations related to human disease, notice under 6.7this paragraph may be given less than 24 hours in advance. 6.8    (e) For pesticide applications under paragraph (c), clauses (3) and (4), the following 6.9conditions apply: 6.10    (1) no practicable and effective alternative method of control exists; 6.11    (2) the pesticide is among the least toxic available for control of the target pest; and 6.12    (3) notification of residents in the area to be treated is provided by direct notification 6.13and through publication in a newspaper of general circulation within the affected area. 6.14    (f) For purposes of this subdivision, "direct notification" may include mailings, 6.15public meetings, posted placards, neighborhood newsletters, or other means of contact 6.16designed to reach as many residents as possible. Public meetings held to meet this 6.17requirement for adult mosquito control, under paragraph (d), must be held within each 6.18city or town where the pesticide treatments are to be made, at a time and location that is 6.19convenient for residents of the area where the treatments will occur. 6.20    (g) A person may not apply a pesticide in a manner so as to expose a worker in an 6.21immediately adjacent, open field. 6.22     new text begin (h) Except for public health purposes, it is a violation of this chapter to apply for hire new text end 6.23 new text begin a pesticide to the incorrect site or to a site where an application has not been requested, new text end 6.24 new text begin ordered, or contracted for by the property owner or lawful manager or property manager new text end 6.25 new text begin of the site, notwithstanding that the application is done in a manner consistent with the new text end 6.26 new text begin label or labeling. new text end 6.27     new text begin (i) Except for a pesticide application performed by a unit of government or its agent new text end 6.28 new text begin for maintenance purposes, it is illegal to apply a pesticide to a public right-of-way or to new text end 6.29 new text begin apply a pesticide on nearby property in a manner that results in the pesticide drifting onto new text end 6.30 new text begin a public right-of-way, whether the drift is intentional or not. new text end 6.31    Sec. 7. Minnesota Statutes 2007 Supplement, section 18B.26, subdivision 3, is 6.32amended to read: 6.33    Subd. 3. Application fee. (a) A registrant shall pay an annual application fee for 6.34each pesticide to be registered, and this fee is set at 0.4 percent of annual gross sales 6.35within the state and annual gross sales of pesticides used in the state, with a minimum 7.1nonrefundable fee of $250. The registrant shall determine when and which pesticides 7.2are sold or used in this state. The registrant shall secure sufficient sales information of 7.3pesticides distributed into this state from distributors and dealers, regardless of distributor 7.4location, to make a determination. Sales of pesticides in this state and sales of pesticides 7.5for use in this state by out-of-state distributors are not exempt and must be included in the 7.6registrant's annual report, as required under paragraph (c), and fees shall be paid by the 7.7registrant based upon those reported sales. Sales of pesticides in the state for use outside 7.8of the state are exempt from the application fee in this paragraph if the registrant properly 7.9documents the sale location and distributors. A registrant paying more than the minimum 7.10fee shall pay the balance due by March 1 based on the gross sales of the pesticide by the 7.11registrant for the preceding calendar year. The fee for disinfectants and sanitizers shall be 7.12the minimum. The minimum fee is due by December 31 preceding the year for which 7.13the application for registration is made. The commissioner shall spend at least $400,000, 7.14not including the commissioner's administrative costs, per fiscal year from the pesticide 7.15regulatory account for the purposes of the waste pesticide collection program. new text begin In each new text end 7.16 new text begin fiscal year, the commissioner shall allocate from the pesticide regulatory account a sum new text end 7.17 new text begin sufficient to collect and dispose of waste pesticides under section 18B.065. However, new text end 7.18 new text begin notwithstanding section 18B.065, if at the end of any fiscal year the balance in the pesticide new text end 7.19 new text begin regulatory account is less than $1,000,000, the commissioner may suspend waste pesticide new text end 7.20 new text begin collections or provide partial payment to a person for waste pesticide collection. The new text end 7.21 new text begin commissioner must notify as soon as possible and no later than August 1 a person under new text end 7.22 new text begin contract to collect waste pesticides of an anticipated suspension or payment reduction. new text end 7.23    (b) An additional fee of $100 must be paid by the applicant for each pesticide to be 7.24registered if the application is a renewal application that is submitted after December 31. 7.25    (c) A registrant must annually report to the commissioner the amount and type of 7.26each registered pesticide sold, offered for sale, or otherwise distributed in the state. The 7.27report shall be filed by March 1 for the previous year's registration. The commissioner 7.28shall specify the form of the report and require additional information deemed necessary 7.29to determine the amount and type of pesticides annually distributed in the state. The 7.30information required shall include the brand name, amount, and formulation of each 7.31pesticide sold, offered for sale, or otherwise distributed in the state, but the information 7.32collected, if made public, shall be reported in a manner which does not identify a specific 7.33brand name in the report. 7.34    (d) A registrant who is required to pay more than the minimum fee for any pesticide 7.35under paragraph (a) must pay a late fee penalty of $100 for each pesticide application fee 7.36paid after March 1 in the year for which the license is to be issued. 8.1 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 8.2 new text begin cooperative agreements entered into by the commissioner of agriculture and local units of new text end 8.3 new text begin government for waste pesticide collection and disposal after that date. new text end 8.4    Sec. 8. Minnesota Statutes 2006, section 18D.305, subdivision 2, is amended to read: 8.5    Subd. 2. Revocation and suspension. new text begin (a) new text end The commissioner may, after written 8.6notice and hearing, revoke, suspend, or refuse to grant or renew a registration, permit, 8.7license, or certification if a person violates a provision of this chapter or has a history 8.8within the last three years of violations of this chapter. 8.9     new text begin (b) The commissioner may refuse to accept an application for a registration, permit, new text end 8.10 new text begin license, or certification, and may revoke or suspend a previously issued registration, new text end 8.11 new text begin permit, license, or certification of a person from another state if that person has: new text end 8.12     new text begin (1) had a registration, permit, license, or certification denied, revoked, or suspended new text end 8.13 new text begin by another state for an offense reasonably related to the requirements, qualifications, or new text end 8.14 new text begin duties of a registration, permit, license, or certification issued under chapter 18B or 18C; or new text end 8.15     new text begin (2) been convicted of a violation, had a history of violations, or been subject to a new text end 8.16 new text begin final order imposing civil penalties authorized under the Federal Insecticide, Fungicide new text end 8.17 new text begin and Rodenticide Act (FIFRA), as amended. new text end 8.18    Sec. 9. Minnesota Statutes 2006, section 18E.04, subdivision 2, is amended to read: 8.19    Subd. 2. Payment of corrective action costs. (a) On request by an eligible person, 8.20the board may pay the eligible person for the reasonable and necessary cash disbursements 8.21for corrective action costs incurred by the eligible person as provided under subdivision 4 8.22if the board determines: 8.23    (1) the eligible person pays the first $1,000 of the corrective action costs; 8.24    (2) the eligible person provides the board with a sworn affidavit and other convincing 8.25evidence that the eligible person is unable to pay additional corrective action costs; 8.26    (3) the eligible person continues to assume responsibility for carrying out the 8.27requirements of corrective action orders issued to the eligible person or that are in effect; 8.28    (4) the incident was reported as required in chapters 18B, 18C, and 18D; and 8.29    (5) the eligible person submits an application for payment or reimbursement to the 8.30department new text begin , along with associated invoices, new text end within three years of (i) incurring eligible 8.31corrective 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 8.32corrective action design new text begin or plan for that work new text end , whichever is later. 8.33    (b) The eligible person must submit an application for payment or reimbursement of 8.34eligible cost incurred prior to July 1, 2001, no later than June 1, 2004. 9.1    (c) An eligible person is not eligible for payment or reimbursement and must refund 9.2amounts paid or reimbursed by the board if false statements or misrepresentations are 9.3made in the affidavit or other evidence submitted to the commissioner to show an inability 9.4to pay corrective action costs. 9.5    (d) The board may pay the eligible person and one or more designees by multiparty 9.6check. 9.7    Sec. 10. Minnesota Statutes 2006, section 28A.03, is amended by adding a subdivision 9.8to read: 9.9     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 9.10 new text begin upon insertion of a coin, paper currency, token, card, or key, dispenses unit servings of new text end 9.11 new text begin food in bulk or in packages without the necessity of replenishing the device between new text end 9.12 new text begin each vending operation. new text end 9.13    Sec. 11. Minnesota Statutes 2006, section 28A.08, is amended to read: 9.1428A.08 LICENSE FEES; PENALTIES. 9.15    Subdivision 1. General. License fees, penalties for late renewal of licenses, and 9.16penalties for not obtaining a license before conducting business in food handling that are 9.17set in this section apply to the sections named except as provided under section 28A.09. 9.18Except as specified herein, bonds and assessments based on number of units operated or 9.19volume handled or processed which are provided for in said laws shall not be affected, 9.20nor shall any penalties for late payment of said assessments, nor shall inspection fees, be 9.21affected by this chapter. The penalties may be waived by the commissioner. Fees for all 9.22new licenses must be based on the anticipated future gross annual food sales. new text begin If a firm is new text end 9.23 new text begin found to be operating for multiple years without paying license fees, the state may collect new text end 9.24 new text begin the appropriate fees and penalties for each year of operation. new text end 9.25    Subd. 3. Fees effective July 1, 2003. 9.26 Penalties 9.27 9.28 9.29 Type of food handler License Fee Effective July 1, 2003 Late Renewal No License 9.30 1. Retail food handler 9.31 9.32 9.33 9.34 9.35 (a) Having gross sales of only prepackaged nonperishable food of less than $15,000 for the immediately previous license or fiscal year and filing a statement with the commissioner $ 50 $ 17 $ 33 10.1 10.2 10.3 10.4 10.5 (b) Having under $15,000 gross sales 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 10.6 10.7 10.8 (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 10.9 10.10 10.11 (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 10.12 10.13 10.14 (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 10.15 10.16 10.17 (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 10.18 10.19 10.20 (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 10.21 10.22 10.23 (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 10.24 10.25 10.26 (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 10.27 10.28 10.29 (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 10.30 2. Wholesale food handler 10.31 10.32 10.33 (a) Having gross sales or service of less than $25,000 for the immediately previous license or fiscal year $ 57 $ 19 $ 38 10.34 10.35 10.36 (b) Having $25,001 to $250,000 gross sales or service for the immediately previous license or fiscal year $284 $ 94 $187 10.37 10.38 10.39 10.40 10.41 (c) Having $250,001 to $1,000,000 gross sales or service from a mobile unit without a separate food facility for the immediately previous license or fiscal year $444 $147 $293 10.42 10.43 10.44 10.45 (d) Having $250,001 to $1,000,000 gross sales or service not covered under paragraph (c) for the immediately previous license or fiscal year $590 $195 $389 10.46 10.47 10.48 (e) Having $1,000,001 to $5,000,000 gross sales or service for the immediately previous license or fiscal year $769 $254 $508 10.49 10.50 10.51 (f) Having $5,000,001 to $10,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year $920 $304 $607 11.1 11.2 11.3 (g) Having $10,000,001 to $15,000,000 gross sales or service for the immediately previous license or fiscal year $990 $327 $653 11.4 11.5 11.6 (h) Having $15,000,001 to $20,000,000 gross sales or service for the immediately previous license or fiscal year $1,156 $381 $763 11.7 11.8 11.9 (i) Having $20,000,001 to $25,000,000 gross sales or service for the immediately previous license or fiscal year $1,329 $439 $877 11.10 11.11 11.12 (j) Having over $25,000,001 or more gross sales or service for the immediately previous license or fiscal year $1,502 $496 $991 11.13 3. Food broker $150 $ 50 $ 99 11.14 4. Wholesale food processor or manufacturer 11.15 11.16 11.17 (a) Having gross sales new text begin or service new text end of less than $125,000 for the immediately previous license or fiscal year $169 $ 56 $112 11.18 11.19 11.20 (b) Having $125,001 to $250,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year $392 $129 $259 11.21 11.22 11.23 (c) Having $250,001 to $1,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year $590 $195 $389 11.24 11.25 11.26 (d) Having $1,000,001 to $5,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year $769 $254 $508 11.27 11.28 11.29 (e) Having $5,000,001 to $10,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year $920 $304 $607 11.30 11.31 11.32 (f) Having $10,000,001 to $15,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year $1,377 $454 $909 11.33 11.34 11.35 (g) Having $15,000,001 to $20,000,000 gross sales or service for the immediately previous license or fiscal year $1,608 $531 $1,061 11.36 11.37 11.38 (h) Having $20,000,001 to $25,000,000 gross sales or service for the immediately previous license or fiscal year $1,849 $610 $1,220 11.39 11.40 11.41 (i) Having $25,000,001 to $50,000,000 gross sales or service for the immediately previous license or fiscal year $2,090 $690 $1,379 11.42 11.43 11.44 (j) Having $50,000,001 to $100,000,000 gross sales or service for the immediately previous license or fiscal year $2,330 $769 $1,538 11.45 11.46 11.47 (k) Having $100,000,000 or more gross sales or service for the immediately previous license or fiscal year $2,571 $848 $1,697 11.48 11.49 11.50 5. Wholesale food processor of meat or poultry products under supervision of the U.S. Department of Agriculture 12.1 12.2 12.3 (a) Having gross sales new text begin or service new text end of less than $125,000 for the immediately previous license or fiscal year $112 $ 37 $ 74 12.4 12.5 12.6 (b) Having $125,001 to $250,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year $214 $ 71 $141 12.7 12.8 12.9 (c) Having $250,001 to $1,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year $333 $110 $220 12.10 12.11 12.12 (d) Having $1,000,001 to $5,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year $425 $140 $281 12.13 12.14 12.15 (e) Having $5,000,001 to $10,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year $521 $172 $344 12.16 12.17 12.18 (f) Having over $10,000,001 gross sales new text begin or service new text end for the immediately previous license or fiscal year $765 $252 $505 12.19 12.20 12.21 (g) Having $15,000,001 to $20,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year $893 $295 $589 12.22 12.23 12.24 (h) Having $20,000,001 to $25,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year $1,027 $339 $678 12.25 12.26 12.27 (i) Having $25,000,001 to $50,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year $1,161 $383 $766 12.28 12.29 12.30 (j) Having $50,000,001 to $100,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year $1,295 $427 $855 12.31 12.32 12.33 (k) Having $100,000,001 or more gross sales new text begin or service new text end for the immediately previous license or fiscal year $1,428 $471 $942 12.34 12.35 6. Wholesale food processor or manufacturer operating only at the State Fair $125 $ 40 $ 50 12.36 12.37 12.38 7. Wholesale food manufacturer having the permission of the commissioner to use the name Minnesota Farmstead cheese $ 30 $ 10 $ 15 12.39 8. Nonresident frozen dairy manufacturer $200 $ 50 $ 75 12.40 12.41 12.42 9. Wholesale food manufacturer processing less than 700,000 pounds per year of raw milk $ 30 $ 10 $ 15 12.43 12.44 12.45 12.46 12.47 10. A milk marketing organization without facilities for processing or manufacturing that purchases milk from milk producers for delivery to a licensed wholesale food processor or manufacturer $ 50 $ 15 $ 25 12.48    Sec. 12. Minnesota Statutes 2006, section 28A.082, is amended by adding a 12.49subdivision to read: 13.1     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 13.2 new text begin state, the commissioner of agriculture may waive the plan review fee and direct agency new text end 13.3 new text begin personnel to expedite the plan review process. new text end 13.4    Sec. 13. Minnesota Statutes 2006, section 28A.09, subdivision 1, is amended to read: 13.5    Subdivision 1. Annual fee; exceptions. Every coin-operated food vending machine 13.6is subject to an annual state inspection fee of $25 for each nonexempt machine except 13.7nut vending machines which are subject to an annual state inspection fee of $10 for each 13.8machine, provided that: 13.9    (a) Food vending machines may be inspected by either a home rule charter or 13.10statutory city, or a county, but not both, and if inspected by a home rule charter or statutory 13.11city, or a county they shall not be subject to the state inspection fee, but the home rule 13.12charter or statutory city, or the county may impose an inspection or license fee of no more 13.13than the state inspection fee. A home rule charter or statutory city or county that does 13.14not inspect food vending machines shall not impose a food vending machine inspection 13.15or license fee. 13.16    (b) Vending machines dispensing only gum balls, hard candy, unsorted candy, or ice 13.17manufactured and packaged by another shall be new text begin , and water dispensing machines serviced new text end 13.18 new text begin by a cashier, are new text end exempt from the state inspection fee, but may be inspected by the state. A 13.19home rule charter or statutory city may impose by ordinance an inspection or license fee 13.20of no more than the state inspection fee for nonexempt machines on the vending machines 13.21 new text begin and water dispensing machines new text end described in this paragraph. A county may impose 13.22by ordinance an inspection or license fee of no more than the state inspection fee for 13.23nonexempt machines on the vending machines new text begin and water dispensing machines new text end described 13.24in this paragraph which are not located in a home rule charter or statutory city. 13.25    (c) Vending machines dispensing only bottled or canned soft drinks are exempt from 13.26the state, home rule charter or statutory city, and county inspection fees, but may be 13.27inspected by the commissioner or the commissioner's designee. 13.28    Sec. 14. Minnesota Statutes 2006, section 29.23, is amended to read: 13.2929.23 GRADING. 13.30    Subdivision 1. Grades, weight classes and standards for quality. All eggs 13.31purchased on the basis of grade by the first licensed buyer shall be graded in accordance 13.32with grade and weight classes established by the commissioner. The commissioner shall 13.33establish, by rule, and from time to time, may amend or revise, grades, weight classes, 13.34and standards for quality. When grades, weight classes, and standards for quality have 14.1been fixed by the secretary of the Department of Agriculture of the United States, they 14.2may new text begin must new text end be accepted and published by the commissioner as definitions or standards for 14.3eggs in interstate new text begin and intrastate new text end commerce. 14.4    Subd. 2. Equipment. The commissioner shall also by rule provide for minimum 14.5plant and equipment requirements for candling, grading, handling and storing eggs, and 14.6shall define candling. Equipment in use new text begin by a wholesale food handler new text end before July 1, 1991, 14.7that does not meet the design and fabrication requirements of this chapter may remain in 14.8use if it is in good repair, capable of being maintained in a sanitary condition, and capable 14.9of maintaining a temperature of 45 degrees Fahrenheit (7 degrees Celsius) or less. 14.10    Subd. 3. Egg temperature. Eggs must be held at a temperature not to exceed 45 14.11degrees Fahrenheit (7 degrees Celsius) after being received by the egg handler except for 14.12cleaning, sanitizing, grading, and further processing when they must immediately be 14.13placed under refrigeration that is maintained at 45 degrees Fahrenheit (7 degrees Celsius) 14.14or below. Eggs offered for retail sale new text begin by a retail food handler new text end must be held at a temperature 14.15not to exceed 45 new text begin 41 new text end degrees Fahrenheit (7 degrees Celsius). Equipment in use prior to 14.16August 1, 1991, is not subject to this requirement. new text begin Shell eggs that have been frozen must new text end 14.17 new text begin not be offered for sale except as approved by the commissioner. new text end 14.18    Subd. 4. Vehicle temperature. A vehicle used for the transportation of new text begin to transport new text end 14.19shell eggs from a warehouse, retail store, candling and grading facility, or egg holding 14.20facility must have an ambient air temperature of 45 degrees Fahrenheit (7 degrees Celsius) 14.21or below. 14.22    Sec. 15. Minnesota Statutes 2006, section 31.05, is amended to read: 14.2331.05 EMBARGOES AND CONDEMNATIONS. 14.24    Subdivision 1. new text begin Definitions. new text end new text begin As used in this section, "animals" means cattle; swine; new text end 14.25 new text begin sheep; goats; poultry; farmed cervidae, as defined in section 35.153, subdivision 3; new text end 14.26 new text begin llamas, as defined in section 17.455, subdivision 2; ratitae, as defined in section 17.453, new text end 14.27 new text begin subdivision 3; equines; and other large domesticated animals. new text end 14.28     new text begin Subd. 1a. new text end Tag or notice. A duly authorized agent of the commissioner who finds or 14.29has probable cause to believe that any food new text begin , animal, new text end or consumer commodity is adulterated 14.30or so misbranded as to be dangerous or fraudulent, or is in violation of section 31.131 14.31shall affix to such article new text begin or animal new text end a tag or other appropriate marking giving notice that 14.32such article new text begin or animal new text end is, or is suspected of being, adulterated or misbranded and has 14.33been detained or embargoed, and warning all persons not to remove or dispose of such 14.34article new text begin or animal new text end by sale or otherwise until permission for removal or disposal is given by 15.1such agent or the court. It shall be unlawful for any person to remove or dispose of such 15.2detained or embargoed article new text begin or animal new text end by sale or otherwise without such permission. 15.3    Subd. 2. Action for condemnation. When an article new text begin or animal new text end detained or 15.4embargoed under subdivision 1 has been found by such agent to be adulterated, or 15.5misbranded, the agent shall petition the district court in the county in which the article new text begin or new text end 15.6 new text begin animal new text end is detained or embargoed for an order and decree for the condemnation of such 15.7article 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 15.8embargoed is not adulterated or misbranded, shall remove the tag or other marking. 15.9    Subd. 3. Remedies. If the court finds that a detained or embargoed article new text begin or animal new text end 15.10is adulterated or misbranded, such article new text begin or animal new text end shall, after entry of the decree, be 15.11destroyed at the expense of the claimant thereof, under the supervision of such agent, and 15.12all court costs and fees, and storage and other proper expenses, shall be taxed against 15.13the claimant of such article new text begin or animal new text end or the claimant's agent; provided, that when the 15.14adulteration or misbranding can be corrected by proper labeling or processing of the article new text begin new text end 15.15 new text begin or animal new text end , the court, after entry of the decree and after such costs, fees, and expenses have 15.16been paid and a good and sufficient bond, conditioned that such article new text begin or animal new text end shall be 15.17so labeled or processed, has been executed, may by order direct that such article new text begin or animal new text end 15.18be delivered to claimant thereof for such labeling or processing under the supervision of 15.19an agent of the commissioner. The expense of such supervision shall be paid by claimant. 15.20The article new text begin or animal new text end shall be returned to the claimant and the bond shall be discharged on 15.21the representation to the court by the commissioner that the article new text begin or animal new text end is no longer 15.22in violation and that the expenses of such supervision have been paid. 15.23    Subd. 4. Duties of commissioner. Whenever the commissioner or any of the 15.24commissioner's authorized agents shall find in any room, building, vehicle of transportation 15.25or other structure, any meat, seafood, poultry, vegetable, fruit new text begin , new text end or other perishable articles 15.26of food which are unsound, or contain any filthy, decomposed new text begin , new text end or putrid substance, or that 15.27may be poisonous or deleterious to health or otherwise unsafe, the same being hereby 15.28declared to be a nuisance, the commissioner, or the commissioner's authorized agent, shall 15.29forthwith condemn or destroy the same, or in any other manner render the same unsalable 15.30as human food, and no one shall have any cause of action against the commissioner or the 15.31commissioner's authorized agent on account of such action. 15.32    Subd. 5. Emergency response. In the event of an emergency declared by the 15.33governor's order under section 12.31, if the commissioner finds or has probable cause to 15.34believe 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 15.35to be adulterated because of the emergency or so misbranded as to be dangerous or 15.36fraudulent, or is in violation of section 31.131, subdivision 1, the commissioner may 16.1embargo a geographic area that is included in the declared emergency. The commissioner 16.2shall provide notice to the public and to those with custody of the product in as thorough a 16.3manner as is practical under the emergency circumstances. 16.4    Sec. 16. Minnesota Statutes 2006, section 31.171, is amended to read: 16.531.171 EMPLOYMENT OF DISEASED PERSON. 16.6    It shall be unlawful for any person to work in or about any place where any fruit 16.7or any food products are manufactured, packed, stored, deposited, collected, prepared, 16.8produced or sold, whose condition is such that disease may be spread to associates direct, 16.9or through the medium of milk, cream, butter, other food or food products, likely to be 16.10eaten without being cooked after handling, whether such condition be due to a contagious, new text begin new text end 16.11 new text begin or new text end infectious, or venereal disease, in its active or convalescent stage, or to the presence of 16.12disease germs, whether accompanied by, or without, any symptoms of the disease itself. 16.13    It shall be the duty of the commissioner, or the commissioner's assistant, inspector, or 16.14agent, to report to the state commissioner of health for investigation, any person suspected 16.15to be dangerous to the public health, as provided for in this section, and immediately to 16.16exclude such person from such employment pending investigation and during the period 16.17of infectiousness, if such person is certified by the state commissioner of health, or an 16.18authorized agent, to be dangerous to the public health. 16.19    Sec. 17. Minnesota Statutes 2007 Supplement, section 31.175, is amended to read: 16.2031.175 WATER, PLUMBING, AND SEWAGE. 16.21    A person who is required by statutes administered by the Department of Agriculture, 16.22or by rules adopted pursuant to those statutes, to provide a suitable water supply, 16.23or plumbing or sewage disposal system, may new text begin shall new text end not engage in the business of 16.24manufacturing, processing, selling, handling, or storing food at wholesale or retail 16.25unless the person's water supply is satisfactory under plumbing codes new text begin pursuant to rules new text end 16.26 new text begin adopted by the Department of Health, the person's plumbing is satisfactory pursuant to new text end 16.27 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 16.28system satisfies the rules of the Pollution Control Agency. 16.29    Sec. 18. new text begin [32.416] SOMATIC CELL COUNT, GOAT MILK. new text end 16.30     new text begin Notwithstanding any federal standard incorporated by reference in this chapter, the new text end 16.31 new text begin maximum allowable somatic cell count for raw goat milk is 1,500,000 cells per milliliter. new text end 17.1    Sec. 19. Minnesota Statutes 2007 Supplement, section 35.244, is amended to read: 17.235.244 RULES FOR CONTROL OF BOVINE TUBERCULOSIS. 17.3     new text begin Subdivision 1. new text end new text begin Designation of zones. new text end new text begin The board has the authority to control new text end 17.4 new text begin tuberculosis and the movement of cattle, bison, goats, and farmed cervidae within and new text end 17.5 new text begin between tuberculosis zones in the state. Zones within the state may be designated new text end 17.6 new text begin as accreditation preparatory, modified accredited, modified accredited advanced, or new text end 17.7 new text begin accredited free as those terms are defined in Code of Federal Regulations, title 9, part 77. new text end 17.8     new text begin Subd. 2. new text end new text begin Control within modified accredited zone. new text end new text begin In a modified accredited new text end 17.9 new text begin zone, the board has the authority to: new text end 17.10     new text begin (1) require owners of cattle, bison, goats, or farmed cervidae to report personal new text end 17.11 new text begin contact information and location of livestock to the board; new text end 17.12     new text begin (2) require a permit or movement certificates for all cattle, bison, goats, and farmed new text end 17.13 new text begin cervidae moving between premises within the zone or leaving or entering the zone; new text end 17.14     new text begin (3) require official identification of all cattle, bison, goats, and farmed cervidae new text end 17.15 new text begin within the zone or leaving or entering the zone; new text end 17.16     new text begin (4) require a negative tuberculosis test within 60 days prior to movement for any new text end 17.17 new text begin individual cattle, bison, goats, or farmed cervidae leaving the zone with the exception of new text end 17.18 new text begin cattle moving under permit directly to a slaughter facility under state or federal inspection; new text end 17.19     new text begin (5) require a whole-herd tuberculosis test within 12 months prior to moving breeding new text end 17.20 new text begin cattle out of the zone; new text end 17.21     new text begin (6) require annual herd inventories on all cattle, bison, goat, or farmed cervidae new text end 17.22 new text begin herds; new text end 17.23     new text begin (7) require that a risk assessment be performed to evaluate the interaction of new text end 17.24 new text begin free-ranging deer with cattle, bison, goat, and farmed cervidae herds and require the owner new text end 17.25 new text begin to implement the recommendations of the risk assessment; and new text end 17.26     new text begin (8) provide financial assistance to a person who fences a cattle feeding area. new text end 17.27     new text begin Subd. 3. new text end new text begin Authority to adopt rules. new text end The board may adopt rules to provide for the 17.28control of tuberculosis in cattle. The rules may include provisions for quarantine, tests, 17.29and such other measures as the board deems appropriate. Federal regulations, as provided 17.30by Code of Federal Regulations, title 9, part 77, and the Bovine Tuberculosis Eradication 17.31Uniform Methods and Rules, are incorporated as part of the rules in this state. 17.32 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 17.33    Sec. 20. Minnesota Statutes 2007 Supplement, section 41A.105, subdivision 2, is 17.34amended to read: 18.1    Subd. 2. NextGen Energy Board. There is created a NextGen Energy Board 18.2consisting of the commissioners of agriculture, commerce, natural resources, the Pollution 18.3Control Agency, and employment and economic development; the chairs of the house and 18.4senate committees with jurisdiction over energy finance; the chairs of the house and senate 18.5committees with jurisdiction over agriculture finance; one member of the second largest 18.6political party in the house, as appointed by the chairs of the house committees with 18.7jurisdiction over agriculture finance and energy finance; one member of the second largest 18.8political party in the senate, as appointed by the chairs of the senate committees with 18.9jurisdiction over agriculture finance and energy finance; and the executive director of the 18.10Agricultural Utilization Research Institute. In addition, the governor shall appoint seven new text begin new text end 18.11 new text begin eight new text end members: two representing statewide agriculture organizations; two representing 18.12statewide environment and natural resource conservation organizations; one representing 18.13the University of Minnesota; one representing the Minnesota Institute for Sustainable 18.14Agriculture; and one representing the Minnesota State Colleges and Universities system new text begin ; new text end 18.15 new text begin and one representing the forest products industry new text end . 18.16    Sec. 21. Minnesota Statutes 2006, section 41D.01, subdivision 4, is amended to read: 18.17    Subd. 4. Expiration. This section expires on June 30, 2008 new text begin 2013 new text end . 18.18 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 18.19    Sec. 22. Minnesota Statutes 2006, section 97A.028, subdivision 3, is amended to read: 18.20    Subd. 3. Emergency deterrent materials assistance. (a) For the purposes of this 18.21subdivision, "cooperative damage management agreement" means an agreement between 18.22a landowner or tenant and the commissioner that establishes a program for addressing the 18.23problem of destruction of the landowner's or tenant's specialty crops or stored forage crops 18.24by wild animals, or destruction of agricultural crops by flightless Canada geese. 18.25    (b) A landowner or tenant may apply to the commissioner for emergency deterrent 18.26materials assistance in controlling destruction of the landowner's or tenant's specialty 18.27crops or stored forage crops by wild animals, or destruction of agricultural crops by 18.28flightless Canada geese. Subject to the availability of money appropriated for this purpose, 18.29the commissioner shall provide suitable deterrent materials when the commissioner 18.30determines that: 18.31    (1) immediate action is necessary to prevent significant damage from continuing 18.32or to prevent the spread of bovine tuberculosis; and 18.33    (2) a cooperative damage management agreement cannot be implemented 18.34immediately. 19.1    (c) A person may receive emergency deterrent materials assistance under this 19.2subdivision more than once, but the cumulative total value of deterrent materials provided 19.3to a person, or for use on a parcel, may not exceed $3,000 for specialty crops, $5,000 for 19.4measures to prevent the spread of bovine tuberculosis within a five-mile radius of a cattle 19.5herd that is infected with bovine tuberculosis as determined by the Board of Animal 19.6Health, $750 for protecting stored forage crops, or $500 for agricultural crops damaged by 19.7flightless Canada geese. If a person is a co-owner or cotenant with respect to the specialty 19.8crops for which the deterrent materials are provided, the deterrent materials are deemed to 19.9be "provided" to the person for the purposes of this paragraph. 19.10    (d) As a condition of receiving emergency deterrent materials assistance under this 19.11subdivision, a landowner or tenant shall enter into a cooperative damage management 19.12agreement with the commissioner. Deterrent materials provided by the commissioner may 19.13include repellents, fencing materials, or other materials recommended in the agreement 19.14to alleviate the damage problem. If requested by a landowner or tenant, any fencing 19.15materials provided must be capable of providing long-term protection of specialty crops. 19.16A landowner or tenant who receives emergency deterrent materials assistance under 19.17this subdivision shall comply with the terms of the cooperative damage management 19.18agreement. 19.19    Sec. 23. Minnesota Statutes 2006, section 148.01, subdivision 1, is amended to read: 19.20    Subdivision 1. Definitions. For the purposes of sections 148.01 to 148.10, new text begin : new text end 19.21     new text begin (1) new text end "chiropractic" is defined as the science of adjusting any abnormal articulations of 19.22the human body, especially those of the spinal column, for the purpose of giving freedom 19.23of action to impinged nerves that may cause pain or deranged function new text begin ; and new text end 19.24     new text begin (2) "animal chiropractic diagnosis and treatment" means treatment that includes new text end 19.25 new text begin identifying and resolving vertebral subluxation complexes, spinal manipulation, and new text end 19.26 new text begin manipulation of the extremity articulations of nonhuman vertebrates. Animal chiropractic new text end 19.27 new text begin diagnosis and treatment does not include: new text end 19.28     new text begin (i) performing surgery; new text end 19.29     new text begin (ii) dispensing or administering of medications; or new text end 19.30     new text begin (iii) performing traditional veterinary care and diagnosis new text end . 19.31    Sec. 24. Minnesota Statutes 2006, section 148.01, is amended by adding a subdivision 19.32to read: 20.1     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 20.2 new text begin the practice of animal chiropractic diagnosis and treatment if registered to do so by the new text end 20.3 new text begin board, and the animal has been referred to the chiropractor by a veterinarian. new text end 20.4    Sec. 25. Minnesota Statutes 2006, section 148.01, is amended by adding a subdivision 20.5to read: 20.6     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 20.7 new text begin to engage in the practice of animal chiropractic diagnosis and treatment must be set new text end 20.8 new text begin by the board, and must include, but are not limited to: active chiropractic license; new text end 20.9 new text begin education and training in the field of animal chiropractic from an American Veterinary new text end 20.10 new text begin Chiropractic Association, International Veterinary Chiropractic Association, or higher new text end 20.11 new text begin institution-approved course consisting of no less than 210 hours, meeting continuing new text end 20.12 new text begin education requirements; and other conditions and rules set by the board. The board new text end 20.13 new text begin shall consult with the State Board of Veterinary Medicine in preparing proposed rules new text end 20.14 new text begin on animal chiropractic. new text end 20.15    Sec. 26. Minnesota Statutes 2006, section 148.01, is amended by adding a subdivision 20.16to read: 20.17     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 20.18 new text begin subdivision 4, a doctor of chiropractic properly registered to provide chiropractic care to new text end 20.19 new text begin animals in accordance with this chapter and rules of the board may use the title "animal new text end 20.20 new text begin chiropractor." new text end 20.21    Sec. 27. Minnesota Statutes 2006, section 148.01, is amended by adding a subdivision 20.22to read: 20.23     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 20.24 new text begin chiropractor who has already taken and passed the education and training requirement new text end 20.25 new text begin set forth in subdivision 1b may engage in the practice of animal chiropractic during the new text end 20.26 new text begin time that the rules are being promulgated by the board. Enforcement actions may not new text end 20.27 new text begin be taken against persons who have completed the approved program of study by the new text end 20.28 new text begin American Veterinary Chiropractic Association or the International Veterinary Chiropractic new text end 20.29 new text begin Association until the rules have been adopted by the board. new text end 20.30    Sec. 28. new text begin [148.032] EDUCATIONAL CRITERIA FOR LICENSURE IN ANIMAL new text end 20.31 new text begin CHIROPRACTIC DIAGNOSIS AND TREATMENT; RECORDS; TREATMENT new text end 20.32 new text begin NOTES. new text end 21.1     new text begin (a) The following educational criteria must be applied to any licensed chiropractor new text end 21.2 new text begin who requests registration in animal chiropractic diagnosis and treatment. The criteria must new text end 21.3 new text begin include education and training in the following subjects: new text end 21.4     new text begin (1) anatomy; new text end 21.5     new text begin (2) anatomy laboratory; new text end 21.6     new text begin (3) biomechanics and gait; new text end 21.7     new text begin (4) chiropractic educational basics; new text end 21.8     new text begin (5) animal chiropractic diversified adjusting technique, including: new text end 21.9     new text begin (i) lecture cervical; new text end 21.10     new text begin (ii) thoracic; new text end 21.11     new text begin (iii) lumbosacral; new text end 21.12     new text begin (iv) pelvic; and new text end 21.13     new text begin (v) extremity; new text end 21.14     new text begin (6) animal chiropractic diversified adjusting technique, including: new text end 21.15     new text begin (i) laboratory cervical; new text end 21.16     new text begin (ii) thoracic; new text end 21.17     new text begin (iii) lumbosacral; new text end 21.18     new text begin (iv) pelvic; and new text end 21.19     new text begin (v) extremity; new text end 21.20     new text begin (7) case management and case studies; new text end 21.21     new text begin (8) chiropractic philosophy; new text end 21.22     new text begin (9) ethics and legalities; new text end 21.23     new text begin (10) neurology, neuroanatomy, and neurological conditions; new text end 21.24     new text begin (11) pathology; new text end 21.25     new text begin (12) radiology; new text end 21.26     new text begin (13) research in current chiropractic and veterinary topics; new text end 21.27     new text begin (14) rehabilitation, current topics, evaluation, and assessment; new text end 21.28     new text begin (15) normal foot anatomy and normal foot care; new text end 21.29     new text begin (16) saddle fit and evaluation, lecture, and laboratory; new text end 21.30     new text begin (17) veterinary educational basics; new text end 21.31     new text begin (18) vertebral subluxation complex; and new text end 21.32     new text begin (19) zoonotic diseases. new text end 21.33     new text begin (b) A licensed chiropractor requesting registration in animal chiropractic diagnosis new text end 21.34 new text begin and treatment must have completed and passed a course of study from an American new text end 21.35 new text begin Veterinary Chiropractic Association, International Veterinary Chiropractic Association, or new text end 22.1 new text begin higher institution-approved program, consisting of no less than 210 hours of education new text end 22.2 new text begin and training as set forth in paragraph (a). new text end 22.3     new text begin (c) A licensed chiropractor engaged in the practice of animal chiropractic diagnosis new text end 22.4 new text begin and treatment must maintain complete and accurate records and patient files in the new text end 22.5 new text begin chiropractor's office for at least three years. new text end 22.6     new text begin (d) A licensed chiropractor engaged in the practice of animal chiropractic diagnosis new text end 22.7 new text begin and treatment must make treatment notes and records available to the patient's owner new text end 22.8 new text begin upon request and must communicate their findings and treatment plan with the referring new text end 22.9 new text begin veterinarian if requested by the patient's owner. new text end 22.10     new text begin (e) A licensed chiropractor who treats both animal and human patients in the same new text end 22.11 new text begin facility must post a conspicuous sign in the reception area of that facility informing new text end 22.12 new text begin customers that nonhuman patients are treated on the premises. new text end 22.13    Sec. 29. new text begin [148.033] ANIMAL CHIROPRACTIC CONTINUING EDUCATION new text end 22.14 new text begin HOURS. new text end 22.15     new text begin Any chiropractor engaged in the practice of animal chiropractic diagnosis and new text end 22.16 new text begin treatment applying for renewal of a registration related to animal chiropractic diagnosis new text end 22.17 new text begin and treatment must have completed a minimum of six hours annually of continuing new text end 22.18 new text begin education in animal chiropractic diagnosis and treatment, in addition to the required 20 new text end 22.19 new text begin hours annually of continuing education in human chiropractic under this chapter. The new text end 22.20 new text begin continuing education course attended for purposes of complying with this section must be new text end 22.21 new text begin approved by the board prior to attendance by the chiropractor. new text end 22.22    Sec. 30. new text begin [148.035] SEPARATE TREATMENT ROOM REQUIRED. new text end 22.23     new text begin A licensed chiropractor who provides animal chiropractic treatment in the same new text end 22.24 new text begin facility where human patients are treated, shall maintain a separate noncarpeted room for new text end 22.25 new text begin the purpose of adjusting animals. The table and equipment used for animals shall not be new text end 22.26 new text begin used for human patients. new text end 22.27    Sec. 31. Laws 2007, chapter 45, article 1, section 3, subdivision 3, is amended to read: 22.28 22.29 Subd. 3. Agricultural Marketing and Development 8,547,000 5,157,000 22.30$186,000 the first year and $186,000 the 22.31second year are for transfer to the Minnesota 22.32grown account and may be used as grants 22.33for Minnesota grown promotion under 23.1Minnesota Statutes, section 17.102. Grants 23.2may be made for one year. Notwithstanding 23.3Minnesota Statutes, section 16A.28, the 23.4appropriations encumbered under contract on 23.5or before June 30, 2009, for Minnesota grown 23.6grants in this paragraph are available until 23.7June 30, 2011. $50,000 of the appropriation 23.8in each year is for efforts that identify 23.9and promote Minnesota grown products 23.10in retail food establishments including but 23.11not limited to restaurants, grocery stores, 23.12and convenience stores. The balance in the 23.13Minnesota grown matching account in the 23.14agricultural fund is canceled to the Minnesota 23.15grown account in the agricultural fund and 23.16the Minnesota grown matching account is 23.17abolished. 23.18$160,000 the first year and $160,000 the 23.19second year are for grants to farmers for 23.20demonstration projects involving sustainable 23.21agriculture as authorized in Minnesota 23.22Statutes, section 17.116. Of the amount 23.23for grants, up to $20,000 may be used for 23.24dissemination of information about the 23.25demonstration projects. Notwithstanding 23.26Minnesota Statutes, section 16A.28, the 23.27appropriations encumbered under contract 23.28on or before June 30, 2009, for sustainable 23.29agriculture grants in this paragraph are 23.30available until June 30, 2011. 23.31$100,000 the first year and $100,000 23.32the second year are to provide training 23.33and technical assistance to county and 23.34town officials relating to livestock siting 23.35issues and local zoning and land use 23.36planning, including a checklist template that 24.1would clarify the federal, state, and local 24.2government requirements for consideration 24.3of an animal agriculture modernization 24.4or expansion project. In developing 24.5the training and technical assistance 24.6program, the commissioner shall seek 24.7guidance, advice, and support of livestock 24.8producer organizations, general agricultural 24.9organizations, local government associations, 24.10academic institutions, other government 24.11agencies, and others with expertise in land 24.12use and agriculture. 24.13$103,000 the first year and $106,000 the 24.14second year are for additional integrated pest 24.15management activities. 24.16$2,500,000 the first year is for the agricultural 24.17best management practices loan program. At 24.18least $2,000,000 is available for pass-through 24.19to local governments and lenders for 24.20low-interest loans. new text begin Any unencumbered new text end 24.21 new text begin balance does not cancel at the end of the first new text end 24.22 new text begin year and is available for the second year. new text end 24.23$1,000,000 the first year is for the agricultural 24.24best management practices loan program for 24.25capital equipment loans for persons using 24.26native, perennial cropping systems for energy 24.27or seed production. This appropriation is 24.28available until spent. * (The preceding text 24.29beginning "$1,000,000 the first year" was 24.30indicated as vetoed by the governor.) 24.31$100,000 the first year and $100,000 the 24.32second year are for annual cost-share 24.33payments to resident farmers or persons 24.34who sell, process, or package agricultural 24.35products in this state for the costs of organic 25.1certification. Annual cost-share payments 25.2per farmer must be two-thirds of the cost 25.3of the certification or $350, whichever is 25.4less. In any year that a resident farmer or 25.5person who sells, processes, or packages 25.6agricultural products in this state receives 25.7a federal organic certification cost-share 25.8payment, that resident farmer or person is 25.9not eligible for state cost-share payments. 25.10A certified farmer is eligible to receive 25.11annual certification cost-share payments for 25.12up to five years. $15,000 each year is for 25.13organic market and program development. 25.14The commissioner may allocate any excess 25.15appropriation in either fiscal year for organic 25.16producer education efforts, assistance for 25.17persons transitioning from conventional 25.18to organic agriculture, or sustainable 25.19agriculture demonstration grants authorized 25.20under Minnesota Statutes, section 17.116, 25.21and pertaining to organic research or 25.22demonstration. Any unencumbered balance 25.23does not cancel at the end of the first year 25.24and is available for the second year. 25.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 25.26    Sec. 32. Laws 2007, chapter 45, article 1, section 3, subdivision 4, is amended to read: 25.27 25.28 Subd. 4. Bioenergy and Value-Added Agricultural Products 19,918,000 15,168,000 25.29$15,168,000 the first year and $15,168,000 25.30the second year are for ethanol producer 25.31payments under Minnesota Statutes, section 25.3241A.09 . If the total amount for which all 25.33producers are eligible in a quarter exceeds 25.34the amount available for payments, the 25.35commissioner shall make payments on a 26.1pro rata basis. If the appropriation exceeds 26.2the total amount for which all producers 26.3are eligible in a fiscal year for scheduled 26.4payments and for deficiencies in payments 26.5during previous fiscal years, the balance 26.6in the appropriation is available to the 26.7commissioner for value-added agricultural 26.8programs including the value-added 26.9agricultural product processing and 26.10marketing grant program under Minnesota 26.11Statutes, section 17.101, subdivision 5. The 26.12appropriation remains available until spent. 26.13$3,000,000 the first year is for grants to 26.14bioenergy projects. The NextGen Energy 26.15Board shall make recommendations to 26.16the commissioner on grants for owners of 26.17Minnesota facilities producing bioenergy, 26.18organizations that provide for on-station, 26.19on-farm field scale research and outreach to 26.20develop and test the agronomic and economic 26.21requirements of diverse stands of prairie 26.22plants and other perennials for bioenergy 26.23systems, or certain nongovernmental 26.24entities. For the purposes of this paragraph, 26.25"bioenergy" includes transportation fuels 26.26derived from cellulosic material as well as 26.27the generation of energy for commercial heat, 26.28industrial process heat, or electrical power 26.29from cellulosic material via gasification 26.30or other processes. The board must give 26.31priority to a bioenergy facility that is at 26.32least 60 percent owned and controlled by 26.33farmers, as defined in Minnesota Statutes, 26.34section 500.24, subdivision 2, paragraph 26.35(n), or natural persons residing in the 26.36county or counties contiguous to where the 27.1facility is located. Grants are limited to 50 27.2percent of the cost of research, technical 27.3assistance, or equipment related to bioenergy 27.4production or $500,000, whichever is less. 27.5Grants to nongovernmental entities for the 27.6development of business plans and structures 27.7related to community ownership of eligible 27.8bioenergy facilities together may not exceed 27.9$150,000. The board shall make a good 27.10faith effort to select projects that have 27.11merit and when taken together represent a 27.12variety of bioenergy technologies, biomass 27.13feedstocks, and geographic regions of the 27.14state. Projects must have a qualified engineer 27.15certification on the technology and fuel 27.16source. Grantees shall provide reports at 27.17the request of the commissioner and must 27.18actively participate in the Agricultural 27.19Utilization Research Institute's Renewable 27.20Energy Roundtable. No later than February 27.211, 2009, the commissioner shall report on 27.22the projects funded under this appropriation 27.23to the house and senate committees with 27.24jurisdiction over agriculture finance. The 27.25commissioner's costs in administering the 27.26program may be paid from the appropriation. 27.27 new text begin Any unencumbered balance does not cancel new text end 27.28 new text begin at the end of the first year and is available in new text end 27.29 new text begin the second year. new text end 27.30$350,000 the first year is for grants to 27.31the Minnesota Institute for Sustainable 27.32Agriculture at the University of Minnesota 27.33to provide funds for on-station and on-farm 27.34field scale research and outreach to develop 27.35and test the agronomic and economic 27.36requirements of diverse stands of prairie 28.1plants and other perennials for bioenergy 28.2systems including, but not limited to, 28.3multiple species selection and establishment, 28.4ecological management between planting 28.5and harvest, harvest technologies, financial 28.6and agronomic risk management, farmer 28.7goal setting and adoption of technologies, 28.8integration of wildlife habitat into 28.9management approaches, evaluation of 28.10carbon and other benefits, and robust policies 28.11needed to induce farmer conversion on 28.12marginal lands. * (The preceding text 28.13beginning "$350,000 the first year" was 28.14indicated as vetoed by the governor.) 28.15$200,000 the first year is for a grant to the 28.16Minnesota Turf Seed Council for basic 28.17and applied agronomic research on native 28.18plants, including plant breeding, nutrient 28.19management, pest management, disease 28.20management, yield, and viability. The grant 28.21recipient may subcontract with a qualified 28.22third party for some or all of the basic 28.23or applied research. The grant recipient 28.24must actively participate in the Agricultural 28.25Utilization Research Institute's Renewable 28.26Energy Roundtable and no later than 28.27February 1, 2009, must report to the house 28.28and senate committees with jurisdiction 28.29over agriculture finance. This is a onetime 28.30appropriation and is available until spent. 28.31$200,000 the first year is for a grant to a joint 28.32venture combined heat and power energy 28.33facility located in Scott or LeSueur County 28.34for the creation of a centrally located biomass 28.35fuel supply depot with the capability of 28.36unloading, processing, testing, scaling, and 29.1storing renewable biomass fuels. The grant 29.2must be matched by at least $3 of nonstate 29.3funds for every $1 of state funds. The grant 29.4recipient must actively participate in the 29.5Agricultural Utilization Research Institute's 29.6Renewable Energy Roundtable and no 29.7later than February 1, 2009, must report 29.8to the house and senate committees with 29.9jurisdiction over agriculture finance. This is 29.10a onetime appropriation and is available until 29.11spent. 29.12$300,000 the first year is for a grant to the 29.13Bois Forte Band of Chippewa for a feasibility 29.14study of a renewable energy biofuels 29.15demonstration facility on the Bois Forte 29.16Reservation in St. Louis and Koochiching 29.17Counties. The grant shall be used by the Bois 29.18Forte Band to conduct a detailed feasibility 29.19study of the economic and technical viability 29.20of developing a multistream renewable 29.21energy biofuels demonstration facility 29.22on Bois Forte Reservation land to utilize 29.23existing forest resources, woody biomass, 29.24and cellulosic material to produce biofuels or 29.25bioenergy. The grant recipient must actively 29.26participate in the Agricultural Utilization 29.27Research Institute's Renewable Energy 29.28Roundtable and no later than February 1, 29.292009, must report to the house and senate 29.30committees with jurisdiction over agriculture 29.31finance. This is a onetime appropriation and 29.32is available until spent. 29.33$300,000 the first year is for a grant to 29.34the White Earth Band of Chippewa for a 29.35feasibility study of a renewable energy 29.36biofuels production, research, and production 30.1facility on the White Earth Reservation in 30.2Mahnomen County. The grant must be used 30.3by the White Earth Band and the University 30.4of Minnesota to conduct a detailed feasibility 30.5study of the economic and technical viability 30.6of (1) developing a multistream renewable 30.7energy biofuels demonstration facility on 30.8White Earth Reservation land to utilize 30.9existing forest resources, woody biomass, 30.10and cellulosic material to produce biofuels or 30.11bioenergy, and (2) developing, harvesting, 30.12and marketing native prairie plants and seeds 30.13for bioenergy production. The grant recipient 30.14must actively participate in the Agricultural 30.15Utilization Research Institute's Renewable 30.16Energy Roundtable and no later than 30.17February 1, 2009, must report to the house 30.18and senate committees with jurisdiction 30.19over agriculture finance. This is a onetime 30.20appropriation and is available until spent. 30.21$200,000 the first year is for a grant to the Elk 30.22River Economic Development Authority for 30.23upfront engineering and a feasibility study 30.24of the Elk River renewable fuels facility. 30.25The facility must use a plasma gasification 30.26process to convert primarily cellulosic 30.27material, but may also use plastics and other 30.28components from municipal solid waste, as 30.29feedstock for the production of methanol 30.30for use in biodiesel production facilities. 30.31Any unencumbered balance in fiscal year 30.322008 does not cancel but is available for 30.33fiscal year 2009. Notwithstanding Minnesota 30.34Statutes, section 16A.285, the agency must 30.35not transfer this appropriation. The grant 30.36recipient must actively participate in the 31.1Agricultural Utilization Research Institute's 31.2Renewable Energy Roundtable and no 31.3later than February 1, 2009, must report 31.4to the house and senate committees with 31.5jurisdiction over agriculture finance. This is 31.6a onetime appropriation and is available until 31.7spent. 31.8$200,000 the first year is for a grant to 31.9Chisago County to conduct a detailed 31.10feasibility study of the economic and 31.11technical viability of developing a 31.12multistream renewable energy biofuels 31.13demonstration facility in Chisago, Isanti, 31.14or Pine County to utilize existing forest 31.15resources, woody biomass, and cellulosic 31.16material to produce biofuels or bioenergy. 31.17Chisago County may expend funds to Isanti 31.18and Pine Counties and the University of 31.19Minnesota for any costs incurred as part 31.20of the study. The feasibility study must 31.21consider the capacity of: (1) the seed bank 31.22at Wild River State Park to expand the 31.23existing prairie grass, woody biomass, and 31.24cellulosic material resources in Chisago, 31.25Isanti, and Pine Counties; (2) willing and 31.26interested landowners in Chisago, Isanti, and 31.27Pine Counties to grow cellulosic materials; 31.28and (3) the Minnesota Conservation Corps, 31.29the sentence to serve program, and other 31.30existing workforce programs in east central 31.31Minnesota to contribute labor to these efforts. 31.32The grant recipient must actively participate 31.33in the Agricultural Utilization Research 31.34Institute's Renewable Energy Roundtable and 31.35no later than February 1, 2009, must report 31.36to the house and senate committees with 32.1jurisdiction over agriculture finance. This is 32.2a onetime appropriation and is available until 32.3spent. 32.4 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 32.5    Sec. 33. Laws 2007, chapter 45, article 1, section 3, subdivision 5, is amended to read: 32.6 32.7 Subd. 5. Administration and Financial Assistance 7,338,000 6,751,000 32.8$1,005,000 the first year and $1,005,000 32.9the second year are for continuation of 32.10the dairy development and profitability 32.11enhancement and dairy business planning 32.12grant programs established under Laws 1997, 32.13chapter 216, section 7, subdivision 2, and 32.14Laws 2001, First Special Session chapter 2, 32.15section 9, subdivision 2 . The commissioner 32.16may allocate the available sums among 32.17permissible activities, including efforts to 32.18improve the quality of milk produced in the 32.19state in the proportions that the commissioner 32.20deems most beneficial to Minnesota's dairy 32.21farmers. The commissioner must submit a 32.22work plan detailing plans for expenditures 32.23under this program to the chairs of the 32.24house and senate committees dealing with 32.25agricultural policy and budget on or before 32.26the start of each fiscal year. If significant 32.27changes are made to the plans in the course 32.28of the year, the commissioner must notify the 32.29chairs. 32.30$50,000 the first year and $50,000 the 32.31second year are for the Northern Crops 32.32Institute. These appropriations may be spent 32.33to purchase equipment. 33.1$19,000 the first year and $19,000 the 33.2second year are for a grant to the Minnesota 33.3Livestock Breeders Association. 33.4$250,000 the first year and $250,000 the 33.5second year are for grants to the Minnesota 33.6Agricultural Education Leadership Council 33.7for programs of the council under Minnesota 33.8Statutes, chapter 41D. 33.9$600,000 the first year is for grants for 33.10fertilizer research as awarded by the 33.11Minnesota Agricultural Fertilizer Research 33.12and Education Council under Minnesota 33.13Statutes, section 18C.71. No later than 33.14February 1, 2009, new text begin The amount available to new text end 33.15 new text begin the commissioner pursuant to Minnesota new text end 33.16 new text begin Statutes, section 18C.70, subdivision 2, for new text end 33.17 new text begin administration of this activity is available new text end 33.18 new text begin until February 1, 2009, by which time new text end the 33.19commissioner shall report to the house and 33.20senate committees with jurisdiction over 33.21agriculture finance. The report must include 33.22the progress and outcome of funded projects 33.23as well as the sentiment of the council 33.24concerning the need for additional research 33.25funded through an industry checkoff fee. 33.26$465,000 the first year and $465,000 the 33.27second year are for payments to county and 33.28district agricultural societies and associations 33.29under Minnesota Statutes, section 38.02, 33.30subdivision 1 . Aid payments to county and 33.31district agricultural societies and associations 33.32shall be disbursed not later than July 15 of 33.33each year. These payments are the amount of 33.34aid owed by the state for an annual fair held 33.35in the previous calendar year. 34.1$65,000 the first year and $65,000 the second 34.2year are for annual grants to the Minnesota 34.3Turf Seed Council for basic and applied 34.4research on the improved production of 34.5forage and turf seed related to new and 34.6improved varieties. The grant recipient may 34.7subcontract with a qualified third party for 34.8some or all of the basic and applied research. 34.9$500,000 the first year and $500,000 the 34.10second year are for grants to Second Harvest 34.11Heartland on behalf of Minnesota's six 34.12Second Harvest food banks for the purchase 34.13of milk for distribution to Minnesota's food 34.14shelves and other charitable organizations 34.15that are eligible to receive food from the food 34.16banks. Milk purchased under the grants must 34.17be acquired from Minnesota milk processors 34.18and based on low-cost bids. The milk must be 34.19allocated to each Second Harvest food bank 34.20serving Minnesota according to the formula 34.21used in the distribution of United States 34.22Department of Agriculture commodities 34.23under The Emergency Food Assistance 34.24Program (TEFAP). Second Harvest 34.25Heartland must submit quarterly reports 34.26to the commissioner on forms prescribed 34.27by the commissioner. The reports must 34.28include, but are not limited to, information 34.29on the expenditure of funds, the amount 34.30of milk purchased, and the organizations 34.31to which the milk was distributed. Second 34.32Harvest Heartland may enter into contracts 34.33or agreements with food banks for shared 34.34funding or reimbursement of the direct 34.35purchase of milk. Each food bank receiving 34.36money from this appropriation may use up to 35.1two percent of the grant for administrative 35.2expenses. 35.3$100,000 the first year and $100,000 the 35.4second year are for transfer to the Board of 35.5Trustees of the Minnesota State Colleges and 35.6Universities for mental health counseling 35.7support to farm families and business 35.8operators through farm business management 35.9programs at Central Lakes College and 35.10Ridgewater College. 35.11$18,000 the first year and $18,000 the 35.12second year are for grants to the Minnesota 35.13Horticultural Society. 35.14$50,000 is for a grant to the University of 35.15Minnesota, Department of Horticultural 35.16Science, Enology Laboratory, to upgrade 35.17and purchase instrumentation to allow 35.18rapid and accurate measurement of enology 35.19components. This is a onetime appropriation 35.20and is available until expended. 35.21    Sec. 34. new text begin 2008 FAMILY MOTOR COACH ASSOCIATION EVENT. new text end 35.22     new text begin For the 2008 Family Motor Coach Association event held on the State Fair grounds, new text end 35.23 new text begin the fee the State Agricultural Society must obtain for expansion of the recreational new text end 35.24 new text begin camping area license, as required in Minnesota Statutes, section 327.15, shall be 50 new text end 35.25 new text begin percent of the primary license fee prescribed in Minnesota Rules, part 4630.2000. new text end 35.26    Sec. 35. new text begin INDUSTRIAL HEMP DEVELOPMENT AND REGULATION. new text end 35.27     new text begin (a) The Agricultural Utilization Research Institute, in consultation with the new text end 35.28 new text begin commissioner of agriculture shall create a detailed proposal for establishing industrial new text end 35.29 new text begin hemp as a cash crop option for Minnesota's agricultural producers. Commercial industrial new text end 35.30 new text begin hemp production would not be allowed and the commissioner would not promulgate any new text end 35.31 new text begin administrative rules until the United States Department of Justice, Drug Enforcement new text end 35.32 new text begin Administration, authorizes a person to commercially grow industrial hemp in the United new text end 35.33 new text begin States, at which time the commissioner shall evaluate industrial hemp laws in other states new text end 36.1 new text begin and propose a system of licensure and regulation that does not interfere with the strict new text end 36.2 new text begin regulation of controlled substances in this state. new text end 36.3     new text begin (b) No later than January 15, 2009, the commissioner shall present the proposal in new text end 36.4 new text begin paragraph (a) to the house and senate committees with jurisdiction over agriculture and new text end 36.5 new text begin public safety policy and finance. new text end 36.6    Sec. 36. new text begin VIRAL HEMORRHAGIC SEPTICEMIA TESTING. new text end 36.7     new text begin The commissioners of agriculture, health, and natural resources shall form a work new text end 36.8 new text begin group and develop a plan for detecting and responding to the presence of the fish virus new text end 36.9 new text begin Viral Hemorrhagic Septicemia (VHS) in Minnesota. The plan must cover how the joint new text end 36.10 new text begin laboratory facility at the Departments of Agriculture and Health may be used to provide new text end 36.11 new text begin testing needed to diagnose and respond to VHS. No later than January 5, 2009, the new text end 36.12 new text begin commissioners shall present the plan to the chairs of the house and senate committees with new text end 36.13 new text begin jurisdiction over agriculture, health, and natural resources policy and finance. new text end 36.14    Sec. 37. new text begin REPEALER. new text end 36.15 new text begin Minnesota Statutes 2007 Supplement, section 41A.105, subdivision 5, new text end new text begin is repealed. new text end 36.16ARTICLE 2 36.17BIODIESEL FUEL CONTENT 36.18    Section 1. Minnesota Statutes 2006, section 239.77, as amended by Laws 2007, chapter 36.1962, sections 3 and 4, is amended to read: 36.20239.77 BIODIESEL CONTENT MANDATE. 36.21    Subdivision 1. Biodiesel fuel. "Biodiesel fuel" means a renewable, biodegradable, 36.22mono alkyl ester combustible liquid fuel that is derived from agricultural new text begin or other new text end 36.23plant oils or animal fats and new text begin ; new text end that meets American Society For Testing and Materials 36.24specification D6751-07 for Biodiesel Fuel (B100) Blend Stock for Distillate Fuels new text begin ; new text end 36.25 new text begin and that is manufactured by a person certified by the BQ-9000 National Biodiesel new text end 36.26 new text begin Accreditation Program new text end . 36.27    Subd. 2. Minimum content. new text begin (a) new text end Except as otherwise provided in this section, all 36.28diesel fuel sold or offered for sale in Minnesota for use in internal combustion engines 36.29must 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 36.30 new text begin on and after the following dates: new text end 36.31 new text begin (1) new text end new text begin September 29, 2005 new text end new text begin 2 percent new text end 36.32 new text begin (2) new text end new text begin May 1, 2009 new text end new text begin 5 percent new text end 37.1 new text begin (3) new text end new text begin May 1, 2012 new text end new text begin 10 percent new text end 37.2 new text begin (4) new text end new text begin May 1, 2015 new text end new text begin 20 percent new text end 37.3     new text begin The minimum content levels in clauses (3) and (4) are effective during the new text end 37.4 new text begin months of April, May, June, July, August, September, and October only. The minimum new text end 37.5 new text begin content for the remainder of the year is five percent. However, if the commissioners of new text end 37.6 new text begin agriculture, commerce, and the Pollution Control Agency determine, after consultation new text end 37.7 new text begin with the Biodiesel Task Force and other technical experts, that an American Society for new text end 37.8 new text begin Testing and Materials specification or equivalent federal standard exists for the specified new text end 37.9 new text begin biodiesel blend level in those clauses that adequately addresses technical issues associated new text end 37.10 new text begin with Minnesota's cold weather and publish a notice in the State Register to that effect, new text end 37.11 new text begin the commissioners may allow the specified biodiesel blend level in those clauses to be new text end 37.12 new text begin effective year round new text end . 37.13     new text begin (b) The minimum content levels in paragraph (a), clauses (3) and (4), become new text end 37.14 new text begin effective on the date specified only if the commissioners of agriculture, commerce, and the new text end 37.15 new text begin Pollution Control Agency publish notice in the State Register and provide written notice new text end 37.16 new text begin to the chairs of the house of representatives and senate committees with jurisdiction over new text end 37.17 new text begin agriculture, commerce, and transportation policy and finance, at least 270 days prior to the new text end 37.18 new text begin date of each scheduled increase, that all of the following conditions have been met and the new text end 37.19 new text begin state is prepared to move to the next scheduled minimum content level: new text end 37.20     new text begin (1) an American Society for Testing and Materials specification or equivalent federal new text end 37.21 new text begin standard exists for the next minimum diesel-biodiesel blend; new text end 37.22     new text begin (2) a sufficient supply of biodiesel is available and the amount of biodiesel produced new text end 37.23 new text begin in this state is equal to at least 50 percent of anticipated demand at the next minimum new text end 37.24 new text begin content level; and new text end 37.25     new text begin (3) adequate blending infrastructure and regulatory protocol are in place in order to new text end 37.26 new text begin promote biodiesel quality and avoid any potential economic disruption. new text end 37.27     new text begin (c) The commissioners of agriculture, commerce, and the Pollution Control Agency new text end 37.28 new text begin must consult with the Biodiesel Task Force when assessing and certifying conditions in new text end 37.29 new text begin paragraph (b), and in general must seek the guidance of the Biodiesel Task Force regarding new text end 37.30 new text begin biodiesel labeling, enforcement, and other related issues. new text end 37.31     new text begin (d) During a period of biodiesel fuel shortage or a problem with biodiesel quality new text end 37.32 new text begin that negatively affects the availability of biodiesel fuel, the commissioner of commerce new text end 37.33 new text begin may temporarily suspend the minimum content requirements in this subdivision until there new text end 37.34 new text begin is sufficient biodiesel fuel, as defined in subdivision 1, available to fulfill the minimum new text end 37.35 new text begin content requirements. new text end 38.1     new text begin (e) By February 1, 2012, and periodically thereafter, the commissioner of commerce new text end 38.2 new text begin shall determine the wholesale diesel price at various pipeline and refinery terminals in new text end 38.3 new text begin the region, and the biodiesel price at biodiesel plants in the region after any applicable new text end 38.4 new text begin per gallon federal tax credit is subtracted. The commissioner shall report wholesale price new text end 38.5 new text begin differences to the governor who, after consultation with the commissioners of commerce new text end 38.6 new text begin and agriculture, may by executive order adjust the biodiesel mandate if a price disparity new text end 38.7 new text begin reported by the commissioner will cause economic hardship to retailers of diesel fuel new text end 38.8 new text begin in this state. Any adjustment must be for a specified period of time, after which the new text end 38.9 new text begin percentage of biodiesel fuel to be blended into diesel fuel returns to the amount required in new text end 38.10 new text begin this subdivision. The biodiesel mandate must not be adjusted to less than five percent. new text end 38.11    Subd. 3. Exceptions. (a) The minimum content requirement new text begin requirements new text end of 38.12subdivision 2 does new text begin do new text end not apply to fuel used in the following equipment: 38.13    (1) motors located at an electric generating plant regulated by the Nuclear 38.14Regulatory Commission; 38.15    (2) railroad locomotives; and 38.16    (3) off-road taconite and copper mining equipment and machinery new text begin ; new text end 38.17     new text begin (4) off-road logging equipment and machinery; and new text end 38.18     new text begin (5) vehicles and equipment used exclusively on an aircraft landing field new text end . 38.19    (b) The exemption in paragraph (a), clause (1), expires 30 days after the Nuclear 38.20Regulatory Commission has approved the use of biodiesel fuel in motors at electric 38.21generating plants under its regulation. 38.22     new text begin (c) This subdivision expires on May 1, 2012. new text end 38.23    Subd. 4. Disclosure. A refinery or terminal shall provide, at the time diesel fuel 38.24is sold or transferred from the refinery or terminal, a bill of lading or shipping manifest 38.25to the person who receives the fuel. For biodiesel-blended products, the bill of lading or 38.26shipping manifest must disclose biodiesel content, stating volume percentage, gallons of 38.27biodiesel per gallons of petroleum diesel base-stock, or an ASTM "Bxx" designation 38.28where "xx" denotes the volume percent biodiesel included in the blended product. This 38.29subdivision does not apply to sales or transfers of biodiesel blend stock between refineries, 38.30between terminals, or between a refinery and a terminal. 38.31     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 38.32 new text begin must report by January 15 of each year to the chairs and ranking minority members of new text end 38.33 new text begin the legislative committees and divisions with jurisdiction over agriculture policy and new text end 38.34 new text begin finance regarding the implementation of the minimum content requirements in subdivision new text end 38.35 new text begin 2, including information about the price and supply of biodiesel fuel. The report must new text end 39.1 new text begin include any written comments received from members of the Biodiesel Fuel Task Force new text end 39.2 new text begin by January 1 of that year. new text end 39.3    Sec. 2. Minnesota Statutes 2007 Supplement, section 296A.01, subdivision 8a, is 39.4amended to read: 39.5    Subd. 8a. Biodiesel fuel. "Biodiesel fuel" means a renewable, biodegradable, mono 39.6alkyl ester combustible liquid fuel derived from agricultural plant oils or animal fats 39.7and that meets American Society for Testing and Materials specification D6751-07 for 39.8Biodiesel Fuel (B100) Blend Stock for Distillate Fuels new text begin has the meaning given in section new text end 39.9 new text begin 239.77, subdivision 1 new text end . 39.10    Sec. 3. new text begin PROPOSAL; PETROLEUM INSPECTION FEE REVENUE. new text end 39.11     new text begin The commissioners of finance, commerce, and the Pollution Control Agency must new text end 39.12 new text begin develop and submit to the legislature as part of their next biennial budget request a new text end 39.13 new text begin proposal for eliminating, to the extent feasible, redundant fuel inspections and dedicating, new text end 39.14 new text begin to the extent feasible, all revenue from the petroleum inspection fee levied on petroleum new text end 39.15 new text begin products under Minnesota Statutes, section 239.101, subdivision 3, to the Weights and new text end 39.16 new text begin Measures Division of the Department of Commerce. All additional funding appropriated new text end 39.17 new text begin to the Weights and Measures Division under this proposal must be used for increased and new text end 39.18 new text begin enhanced fuel quality assurance enforcement activities and equipment and for educational new text end 39.19 new text begin activities focused on the handling, distribution, and use of biodiesel fuel. new text end 39.20    Sec. 4. new text begin BIO-BASED DIESEL ALTERNATIVES. new text end 39.21     new text begin (a) By January 1, 2011, the commissioners of agriculture, commerce, and new text end 39.22 new text begin the Pollution Control Agency shall jointly review the technology, economics, and new text end 39.23 new text begin operational characteristics associated with bio-based diesel alternatives and shall make new text end 39.24 new text begin recommendations concerning their use in Minnesota to the governor and the chairs of new text end 39.25 new text begin the house of representatives and senate committees with jurisdiction over agriculture new text end 39.26 new text begin and energy finance. new text end 39.27     new text begin (b) For the purposes of this section, "bio-based diesel alternatives" means new text end 39.28 new text begin alternatives to petroleum diesel fuel that are warrantied for use in a standard diesel engine new text end 39.29 new text begin without modification and derived from a biological resource. new text end 39.30    Sec. 5. new text begin TECHNICAL COLD WEATHER ISSUES. new text end 39.31     new text begin The commissioners of agriculture and commerce shall convene technical new text end 39.32 new text begin stakeholders who are experts in cold weather biodiesel and petroleum diesel issues to new text end 40.1 new text begin consider and make recommendations regarding improvements in the production, blending, new text end 40.2 new text begin handling, and distribution of biodiesel blends to further ensure the performance of these new text end 40.3 new text begin fuels in cold weather. The commissioners shall issue a report on these issues by January new text end 40.4 new text begin 15, 2009, to the chairs of the house of representatives and senate committees with new text end 40.5 new text begin jurisdiction over agriculture and commerce policy and finance. new text end 40.6ARTICLE 3 40.7VETERANS AFFAIRS POLICY 40.8    Section 1. Minnesota Statutes 2006, section 13.785, is amended by adding a 40.9subdivision to read: 40.10     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 40.11 new text begin service-connected causes are classified under section 197.225. new text end 40.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 40.13    Sec. 2. new text begin [192.056] PROTECTION OF RESERVIST-OWNED BUSINESS DURING new text end 40.14 new text begin ACTIVE SERVICE. new text end 40.15     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 40.16 new text begin section. new text end 40.17     new text begin (b) "Active service" has the meaning given in section 190.05, subdivision 5. new text end 40.18     new text begin (c) "Business" means a business wholly owned by a qualified service member, or new text end 40.19 new text begin jointly by the member and the member's spouse, irrespective of whether the business new text end 40.20 new text begin is a sole proprietorship, corporation, limited liability company, partnership, limited new text end 40.21 new text begin partnership, or other type of business entity. new text end 40.22     new text begin (d) "Qualified service member" means a Minnesota resident who is serving new text end 40.23 new text begin honorably as a member of the Minnesota National Guard or any other military reserve new text end 40.24 new text begin unit of the United States armed forces who has been ordered into active service for a new text end 40.25 new text begin period of 60 days or longer. new text end 40.26     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 40.27 new text begin contrary, the business of a qualified service member may be exempted from civil court new text end 40.28 new text begin proceedings for part or all of the period of the member's active military service and for up new text end 40.29 new text begin to 60 days thereafter, as provided in this section. new text end 40.30     new text begin (b) If the business of a qualified service member is a defendant in a civil action, the new text end 40.31 new text begin court may, on its own motion, grant a stay in the proceedings for a minimum of 60 days. new text end 40.32 new text begin The court, on its own motion, may renew the stay as the court considers appropriate. If the new text end 41.1 new text begin qualified service member petitions the court in any manner for a stay, the court must grant new text end 41.2 new text begin a stay for a minimum of 60 days, provided that: new text end 41.3     new text begin (1) the service member submits to the court a letter or other communication setting new text end 41.4 new text begin forth facts stating the manner in which current military duty requirements materially affect new text end 41.5 new text begin the service member's ability to appear or otherwise participate in the proceedings, and new text end 41.6 new text begin stating a date when the service member will be available to appear or otherwise participate new text end 41.7 new text begin in the proceedings; and new text end 41.8     new text begin (2) the service member submits a letter or other communication from the service new text end 41.9 new text begin member's commanding officer stating that the service member's current military duty new text end 41.10 new text begin prevents appearance and that military leave is not authorized for the service member new text end 41.11 new text begin at the time of the letter. new text end 41.12     new text begin (c) A service member's communication with the court requesting a stay does not new text end 41.13 new text begin constitute an appearance for jurisdictional purposes and does not constitute a waiver of new text end 41.14 new text begin any substantive or procedural defense, including a defense relating to lack of personal new text end 41.15 new text begin jurisdiction. new text end 41.16     new text begin (d) A qualified service member who is granted a stay in the action or proceedings new text end 41.17 new text begin against the member's business may in any manner request from the court an additional new text end 41.18 new text begin stay, which the court may grant if the service member can show to the satisfaction of new text end 41.19 new text begin the court that the member's military requirements affect the member's ability to appear. new text end 41.20 new text begin However, the court is not obligated to grant the additional stay. If the court refuses to new text end 41.21 new text begin grant an additional stay, the court must provide the service member with information new text end 41.22 new text begin enabling the service member to acquire qualified legal counsel, at the service member's new text end 41.23 new text begin discretion, for defending the action. new text end 41.24     new text begin (e) If a default judgment is entered in a civil action against the business of a qualified new text end 41.25 new text begin service member during the service member's period of active military service, or within 60 new text end 41.26 new text begin days following termination of or release from the active military service, the court entering new text end 41.27 new text begin the judgment must, upon application by or on behalf of the service member, reopen the new text end 41.28 new text begin judgment for the purpose of allowing the member to defend the action if it appears that: new text end 41.29     new text begin (1) the service member was materially affected by reason of that military service in new text end 41.30 new text begin making a defense to the action; and new text end 41.31     new text begin (2) the service member has a meritorious or legal defense to the action or some new text end 41.32 new text begin part of it. new text end 41.33 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 41.34 new text begin court actions pending or initiated on or after that date. new text end 42.1    Sec. 3. Minnesota Statutes 2006, section 192.20, is amended to read: 42.2192.20 BREVET RANK. 42.3     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 42.4officers, and enlisted persons of the National Guard who have, after ten years active 42.5service, resigned or retired for physical disability or otherwise, may in the discretion of the 42.6commander-in-chief, on the recommendation of the adjutant general, be commissioned 42.7by brevet, in the next higher grade than that held by them at the time of their resignation 42.8or retirement. 42.9     new text begin (b) Officers, warrant officers, or enlisted persons of the National Guard who die new text end 42.10 new text begin while in state or federal active service, as defined in section 190.05, or former officers, new text end 42.11 new text begin warrant officers, or enlisted persons of the National Guard who die as a result of injuries new text end 42.12 new text begin or other conditions incurred or aggravated while in such service may, in the discretion of new text end 42.13 new text begin the commander-in-chief, on the recommendation of the adjutant general, be commissioned new text end 42.14 new text begin by brevet, in the next higher grade than that held by them at the time of their death. new text end 42.15     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 42.16and shall confer no privilege of precedence or command, nor pay any emoluments. Brevet 42.17officers, warrant officers, and enlisted persons may wear the uniform of their brevet grade 42.18on occasions of ceremony. 42.19    Sec. 4. Minnesota Statutes 2006, section 192.32, is amended by adding a subdivision 42.20to read: 42.21     new text begin Subd. 2. new text end new text begin Family of service member. new text end new text begin It shall be unlawful for any employer to: new text end 42.22     new text begin (1) discharge from employment or take adverse employment action against any new text end 42.23 new text begin employee because of the membership of that employee's spouse, parent, or child in the new text end 42.24 new text begin military forces of the United States, of this state, or any other state; new text end 42.25     new text begin (2) discharge from employment, take adverse employment action against, or new text end 42.26 new text begin otherwise hinder an employee from attending the following kinds of events relating to the new text end 42.27 new text begin military service of the employee's spouse, parent, or child and to which the employee is new text end 42.28 new text begin invited or otherwise called upon to attend by proper military authorities: new text end 42.29     new text begin (i) departure or return ceremonies for deploying or returning military personnel new text end 42.30 new text begin or units; new text end 42.31     new text begin (ii) family training or readiness events sponsored or conducted by the military; and new text end 42.32     new text begin (iii) events held as part of official military reintegration programs. new text end 42.33     new text begin The employee must provide reasonable notice to the employer when requesting new text end 42.34 new text begin time off, and the employer must provide a reasonable amount of nonpaid time off for the new text end 42.35 new text begin employee, for the purposes enumerated in items (i) to (iii), not to exceed two consecutive new text end 43.1 new text begin days or six days in a calendar year. The employer must not compel the employee to use new text end 43.2 new text begin accumulated but unused vacation for these events. new text end 43.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2008, and applies to new text end 43.4 new text begin employer actions occurring on or after that date. new text end 43.5    Sec. 5. Minnesota Statutes 2006, section 196.021, is amended to read: 43.6196.021 DEPUTY COMMISSIONERS; DUTIES. 43.7    Subdivision 1. Appointment. The commissioner shall appoint a deputy 43.8commissioner for veteran services as provided in subdivision 2, and the board of directors 43.9of the Minnesota Veterans Homes may appoint a deputy commissioner for veteran health 43.10care as provided in section . Both deputy commissioners serve in the unclassified 43.11service, the deputy for veteran services at the pleasure of the commissioner and the deputy 43.12for veteran health care at the pleasure of the board. Both deputies shall new text begin must new text end be residents 43.13of Minnesota, citizens of the United States, and veterans as defined in section 197.447. 43.14    Subd. 2. Deputy for veteran services; Powers and duties. The deputy 43.15commissioner for veteran services has new text begin and the deputy commissioner for veteran health new text end 43.16 new text begin care have new text end those powers delegated by the commissioner that have not otherwise been 43.17delegated to the deputy commissioner for veteran health care by the commissioner or 43.18assigned to that deputy commissioner by law. A delegation must be in writing, signed 43.19by the commissioner, and filed with the secretary of state. 43.20    Sec. 6. Minnesota Statutes 2006, section 196.03, is amended to read: 43.21196.03 OFFICERS AND EMPLOYEES. 43.22    Except as provided in chapter 198, All officers and employees of the department 43.23shall be appointed by the commissioner and they shall perform such duties as may be 43.24assigned to them by the commissioner. 43.25    Sec. 7. new text begin [196.30] VETERANS HEALTH CARE ADVISORY COUNCIL. new text end 43.26     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 43.27 new text begin to provide the Department of Veterans Affairs with advice and recommendations on new text end 43.28 new text begin providing veterans with quality long-term care and the anticipated future needs of new text end 43.29 new text begin Minnesota veterans. new text end 43.30     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 43.31 new text begin by the governor. The council members are: new text end 44.1     new text begin (1) seven members with extensive expertise in health care delivery, long-term care, new text end 44.2 new text begin and veterans services; new text end 44.3     new text begin (2) one licensed clinician who may be either a physician, physician's assistant, or new text end 44.4 new text begin a nurse practitioner; and new text end 44.5     new text begin (3) one additional member. new text end 44.6     new text begin (b) The governor shall designate a member to serve as the chair. new text end 44.7     new text begin (c) The commissioner of veterans affairs, or the commissioner's designee, is an ex new text end 44.8 new text begin officio member of the council and shall provide necessary and appropriate administrative new text end 44.9 new text begin and technical support to the council. new text end 44.10     new text begin (d) Membership terms, removal of members, and the filling of vacancies are as new text end 44.11 new text begin provided in section 15.059, subdivisions 2 and 4. Members shall not receive compensation new text end 44.12 new text begin or per diem payments, but may receive reimbursement for expenses pursuant to section new text end 44.13 new text begin 15.059, subdivision 3. new text end 44.14     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 44.15 new text begin providing the commissioner of veterans affairs with information and professional expertise new text end 44.16 new text begin on the delivery of quality long-term care to veterans. The council's duties include: new text end 44.17     new text begin (1) developing a new vision and strategic plan for the veterans homes that new text end 44.18 new text begin complements the Department of Veterans Affairs overall veterans service programs; new text end 44.19     new text begin (2) providing recommendations and advice on matters including clinical new text end 44.20 new text begin performance, systemwide quality improvement efforts, culture and working environment new text end 44.21 new text begin of the veterans homes, and other operational and organizational functions of the veterans new text end 44.22 new text begin homes; new text end 44.23     new text begin (3) studying and reviewing current issues and trends in the long-term care industry new text end 44.24 new text begin and the veterans community; new text end 44.25     new text begin (4) providing recommendations to the commissioner on alternative options for the new text end 44.26 new text begin delivery of long-term care to veterans so that veterans and their families can determine new text end 44.27 new text begin appropriate services under models similar to those available in the community; new text end 44.28     new text begin (5) establishing, as appropriate, subcommittees or ad hoc task forces of council new text end 44.29 new text begin members, stakeholders, and other individuals with expertise or experience to address new text end 44.30 new text begin specific issues; and new text end 44.31     new text begin (6) reviewing and providing advice on any other matter at the request of the new text end 44.32 new text begin commissioner. new text end 44.33     new text begin Subd. 4. new text end new text begin Continuation. new text end new text begin To ensure continued accountability and the active new text end 44.34 new text begin involvement of healthcare experts and stakeholders in the governance structure of the new text end 44.35 new text begin veterans homes, the governor may appoint a panel of experts to review the continuing new text end 44.36 new text begin effectiveness of the council. The commissioner may disband the council at any time. new text end 45.1    Sec. 8. new text begin [197.225] LIST OF DECEASED MILITARY PERSONNEL. new text end 45.2     new text begin (a) The commissioner of veterans affairs shall collect and maintain data about new text end 45.3 new text begin Minnesota residents who have died of service-connected causes while serving in the new text end 45.4 new text begin United States armed forces. The data may include deceased service members who are new text end 45.5 new text begin the immediate family members of Minnesota residents, but who themselves were not new text end 45.6 new text begin Minnesota residents at the time of death. The commissioner shall collect the following new text end 45.7 new text begin data: the individual's full name, military rank, branch of service, age at the time of death, new text end 45.8 new text begin and Minnesota hometown or if not a Minnesota resident at the time of death, the service new text end 45.9 new text begin member's home state. new text end 45.10     new text begin (b) Data collected pursuant to this section are nonpublic data, but may be new text end 45.11 new text begin disseminated to the individual's next of kin, and for ceremonial or honorary purposes to new text end 45.12 new text begin veterans' organizations, civic organizations, the news media, and researchers. No other new text end 45.13 new text begin use or dissemination of the data is permitted. new text end 45.14     new text begin (c) The next of kin of a veteran whose data is collected may request that the data new text end 45.15 new text begin not be disseminated for any purpose. Upon receiving such a request, the Department of new text end 45.16 new text begin Veterans Affairs must exclude the deceased veteran's data from any data disseminated for new text end 45.17 new text begin ceremonial or honorary purposes as permitted by paragraph (b). new text end 45.18     new text begin (d) Data collected pursuant to this section shall not be indicative of any person's new text end 45.19 new text begin status with regard to qualification for veterans benefits or other benefits. new text end 45.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 45.21    Sec. 9. Minnesota Statutes 2006, section 197.236, is amended to read: 45.22197.236 VETERANS CEMETERY new text begin STATE VETERANS CEMETERIES new text end . 45.23    Subd. 3. Operation and maintenance. The commissioner of veterans affairs shall 45.24supervise and control the veterans cemetery new text begin cemeteries new text end established under this section. new text begin The new text end 45.25 new text begin cemeteries are to be maintained and operated in accordance with the operational standards new text end 45.26 new text begin and measures of the National Cemetery Administration. new text end The commissioner may contract 45.27for the maintenance and operation of the cemetery new text begin cemeteries new text end . All personnel, equipment, 45.28and support necessary for maintenance and operation of the cemetery new text begin cemeteries new text end must be 45.29included in the department's budget. 45.30    Subd. 5. Rules. The commissioner of veterans affairs may adopt rules regarding the 45.31operation of the cemetery new text begin cemeteries new text end . If practicable, The commissioner shall require that 45.32upright granite markers new text begin supplied by the United States Department of Veterans Affairs new text end be 45.33used to mark all gravesites. 46.1    Subd. 6. Permanent development and maintenance account. A veterans 46.2cemetery development and maintenance account is established in the special revenue 46.3fund of the state treasury. Receipts for burial fees, earnings from the veterans cemetery 46.4trust account new text begin plot or interment allowance claims new text end , designated appropriations, and any 46.5other cemetery receipts must be deposited into this account. The money in the account, 46.6including interest earned, is appropriated to the commissioner to be used for the 46.7development, operation, maintenance, and improvement of the cemetery new text begin cemeteries new text end . 46.8To the extent practicable, the commissioner of veterans affairs must apply for available 46.9federal grants for the development and operation of the cemetery new text begin to establish, expand, or new text end 46.10 new text begin improve the cemeteries new text end . 46.11    Subd. 7. Permanent trust account. A veterans cemetery trust account is 46.12established in the special revenue fund of the state treasury. All designated appropriations 46.13and monetary donations to the cemetery must be placed in this account. The principal of 46.14this account must be invested by the State Board of Investment and may not be spent. The 46.15income from this account must be transferred as directed by the account manager to the 46.16veterans cemetery development and maintenance account. 46.17    Subd. 8. Eligibility. Any person who is eligible for burial in a national veterans 46.18cemetery is eligible for burial in the State Veterans Cemetery new text begin Cemeteries must be operated new text end 46.19 new text begin solely for the burial of service members who die on active duty, eligible veterans, and new text end 46.20 new text begin their spouses and dependent children, as defined in United States Code, title 38, section new text end 46.21 new text begin 101, paragraph (2) new text end . 46.22    Subd. 9. Burial fees. The commissioner of veterans affairs shall establish a fee 46.23schedule, which may be adjusted from time to time, for the interment of eligible family 46.24members new text begin spouses and dependent children new text end . The fees shall cover as nearly as practicable 46.25the actual costs of interment, excluding the value of the plot. The department may accept 46.26the Social Security burial allowance, if any, of the eligible family members in an amount 46.27not to exceed the actual cost of the interment. The commissioner may waive the fee 46.28in the case of an indigent eligible person. 46.29    No plot or interment fees may be charged for the burial of eligible veterans, members 46.30of the National Guard, or military reservists, except that funds available from the Social 46.31Security or veterans burial allowances, if any, must be paid to the commissioner in an 46.32amount not to exceed the actual cost of the interment, excluding the value of the plot new text begin new text end 46.33 new text begin service members who die on active duty or eligible veterans, as defined in United States new text end 46.34 new text begin Code, title 38, section 101, paragraph (2) new text end . 47.1    Prior to the interment of an eligible person, the commissioner shall request the 47.2cooperation of the eligible person's next of kin in applying to the appropriate federal 47.3agencies for payment to the cemetery of any allowable interment allowance. 47.4    Subd. 10. Allocation of plots. A person, or survivor of a person, eligible for 47.5interment in the State Veterans Cemetery may apply for a burial plot for the eligible 47.6person by submitting a request to the commissioner of veterans affairs on a form supplied 47.7by the department. The department shall allot plots on a first-come, first-served basis. To 47.8the extent that it is practical, plots must be allocated in a manner permitting the burial of 47.9eligible family members above, below, or adjacent to the eligible veteran, member of 47.10the National Guard, or military reservist. 47.11     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 47.12 new text begin to the Veterans Benefits Administration for a plot or interment allowance payable to the new text end 47.13 new text begin state for expenses incurred by the state in the burial of eligible veterans in cemeteries new text end 47.14 new text begin owned and operated by the state if the burial is performed at no cost to the veteran's new text end 47.15 new text begin next of kin. new text end 47.16     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 or allocated to any new veterans new text end 47.17 new text begin cemetery without explicit legislative approval. new text end 47.18    Sec. 10. Minnesota Statutes 2007 Supplement, section 197.791, subdivision 1, is 47.19amended to read: 47.20    Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this 47.21section. 47.22    (b) "Commissioner" means the commissioner of veterans affairs, unless otherwise 47.23specified. 47.24    (c) "Cost of attendance" for both graduate and undergraduate students has the 47.25meaning given in section 136A.121, subdivision 6, multiplied by a factor of 1.1 new text begin 1.2 new text end . 47.26The new text begin Cost of attendance for graduate students has the meaning given in section 136A.121, new text end 47.27 new text begin subdivision 6, multiplied by a factor of 1.2, using the new text end tuition and fee maximum established 47.28by law for four-year programs shall be used to calculate the tuition and fee maximum 47.29under section 136A.121, subdivision 6, for a graduate student. new text begin For purposes of calculating new text end 47.30 new text begin the cost of attendance for graduate students, full time is eight credits or more per term or new text end 47.31 new text begin the equivalent. new text end 47.32    (d) "Child" means a natural or adopted child of a person described in subdivision 4, 47.33paragraph (a), clause (1), item (i) or (ii). 48.1    (e) "Eligible institution" means a postsecondary institution under section 136A.101, 48.2subdivision 4 new text begin , or a graduate school licensed or registered with the state of Minnesota new text end 48.3 new text begin serving only graduate students new text end . 48.4    (f) "Program" means the Minnesota GI Bill program established in this section, 48.5unless otherwise specified. 48.6    (g) "Time of hostilities" means any action by the armed forces of the United States 48.7that is recognized by the issuance of a presidential proclamation or a presidential executive 48.8order in which the armed forces expeditionary medal or other campaign service medals 48.9are awarded according to presidential executive order, and any additional period or place 48.10that the commissioner determines and designates, after consultation with the United States 48.11Department of Defense, to be a period or place where the United States is in a conflict that 48.12places persons at such a risk that service in a foreign country during that period or in that 48.13place should be considered to be included. 48.14    (h) "Veteran" has the meaning given in section 197.447. Veteran also includes 48.15a service member who has received an honorable discharge after leaving each period of 48.16federal active duty service and has: 48.17    (1) served 90 days or more of federal active duty in a foreign country during a time 48.18of hostilities in that country new text begin ; or new text end 48.19 new text begin (2) been awarded any of the following medals: new text end 48.20     new text begin (i) Armed Forces Expeditionary Medal; new text end 48.21     new text begin (ii) Kosovo Campaign Medal; new text end 48.22     new text begin (iii) Afghanistan Campaign Medal; new text end 48.23     new text begin (iv) Iraq Campaign Medal; new text end 48.24     new text begin (v) Global War on Terrorism Expeditionary Medal; or new text end 48.25     new text begin (vi) any other campaign medal authorized for service after September 11, 2001 new text end ; or 48.26    (2) new text begin (3) new text end received a service-related medical discharge from any period of service in a 48.27foreign country during a time of hostilities in that country. 48.28A service member who has fulfilled the requirements for being a veteran under this 48.29paragraph but is still serving actively in the United States armed forces is also a veteran 48.30for the purposes of this section. 48.31    Sec. 11. Minnesota Statutes 2007 Supplement, section 197.791, subdivision 4, is 48.32amended to read: 48.33    Subd. 4. Eligibility. (a) A person is eligible for educational assistance under this 48.34section if: 48.35    (1) the person is: 49.1    (i) a veteran who is serving or has served honorably in any branch or unit of the 49.2United States armed forces at any time on or after September 11, 2001; 49.3    (ii) a nonveteran who has served honorably for a total of five years or more 49.4cumulatively as a member of the Minnesota National Guard or any other active or reserve 49.5component of the United States armed forces, and any part of that service occurred on or 49.6after September 11, 2001; 49.7    (iii) the surviving spouse or child of a person who has served in the military at any 49.8time on or after September 11, 2001, and who has died as a direct result of that military 49.9service; or 49.10    (iv) the spouse or child of a person who has served in the military at any time on or 49.11after September 11, 2001, and who has a total and permanent service-connected disability 49.12as rated by the United States Veterans Administration; 49.13    (2) the person providing the military service described in clause (1), items (i) to (iv), 49.14was a Minnesota resident within six months of the time of the person's initial enlistment or 49.15any reenlistment in the United States armed forces; 49.16    (3) new text begin (2) new text end the person receiving the educational assistance is a Minnesota resident, as 49.17defined in section 136A.101, subdivision 8; and 49.18    (4) new text begin (3) new text end the person receiving the educational assistance: 49.19    (i) is an undergraduate or graduate student at an eligible institution; 49.20    (ii) is maintaining satisfactory academic progress as defined by the institution for 49.21students participating in federal Title IV programs; 49.22    (iii) is enrolled in an education program leading to a certificate, diploma, or degree 49.23at an eligible institution; 49.24    (iv) has applied for educational assistance under this section prior to the end of the 49.25academic term for which the assistance is being requested; 49.26    (v) is in compliance with child support payment requirements under section 49.27136A.121, subdivision 2 , clause (5); and 49.28    (vi) if an undergraduate student, has applied for the federal Pell Grant and the 49.29Minnesota State Grant new text begin has completed the Free Application for Federal Student Aid new text end 49.30 new text begin (FAFSA) new text end . 49.31    (b) A person's eligibility terminates when the person becomes eligible for benefits 49.32under section 135A.52. 49.33    (c) To determine eligibility, the commissioner may require official documentation, 49.34including the person's federal form DD-214 or other official military discharge papers; 49.35correspondence from the United States Veterans Administration; birth certificate; marriage 49.36certificate; proof of enrollment at an eligible institution; signed affidavits; proof of 50.1residency; proof of identity; or any other official documentation the commissioner 50.2considers necessary to determine eligibility. 50.3    (d) The commissioner may deny eligibility or terminate benefits under this section 50.4to any person who has not provided sufficient documentation to determine eligibility for 50.5the program. An applicant may appeal the commissioner's eligibility determination or 50.6termination of benefits in writing to the commissioner at any time. The commissioner 50.7must rule on any application or appeal within 30 days of receipt of all documentation that 50.8the commissioner requires. The decision of the commissioner regarding an appeal is final. 50.9However, an applicant whose appeal of an eligibility determination has been rejected by 50.10the commissioner may submit an additional appeal of that determination in writing to the 50.11commissioner at any time that the applicant is able to provide substantively significant 50.12additional information regarding the applicant's eligibility for the program. An approval 50.13of an applicant's eligibility by the commissioner following an appeal by the applicant is 50.14not retroactively effective for more than one year or the semester of the person's original 50.15application, whichever is later. 50.16    (e) Upon receiving an application with insufficient documentation to determine 50.17eligibility, the commissioner must notify the applicant within 30 days of receipt of the 50.18application that the application is being suspended pending receipt by the commissioner of 50.19sufficient documentation from the applicant to determine eligibility. 50.20    Sec. 12. Minnesota Statutes 2007 Supplement, section 197.791, subdivision 5, is 50.21amended to read: 50.22    Subd. 5. Benefit amount. (a) On approval by the commissioner of eligibility for 50.23the program, the applicant shall be awarded, on a funds-available basis, the educational 50.24assistance under the program for use at any time according to program rules at any 50.25eligible institution. 50.26    (b) The amount of educational assistance in any semester or term for an eligible 50.27person must be determined by subtracting from the eligible person's cost of attendance the 50.28amount the person received or was eligible to receive in that semester or term from: 50.29    (1) the federal Pell Grant; 50.30    (2) the state grant program under section 136A.121; and 50.31    (3) any federal military or veterans educational benefits including but not limited 50.32to the Montgomery GI Bill, GI Bill Kicker, the federal tuition assistance program, 50.33vocational rehabilitation benefits, and any other federal benefits associated with the 50.34person's status as a veteran, except veterans disability payments from the United States 50.35Veterans Administration. 51.1    (c) The amount of educational assistance for any eligible person who is a full-time 51.2student must not exceed the following: 51.3    (1) $1,000 per semester or term of enrollment; 51.4    (2) $2,000 new text begin $3,000 new text end per state fiscal year; and 51.5    (3) $10,000 in a lifetime. 51.6For a part-time student, the amount of educational assistance must not exceed $500 51.7per semester or term of enrollment. For the purpose of this paragraph, a part-time 51.8undergraduate student is a student taking fewer than 12 credits new text begin or the equivalent new text end for a 51.9semester or term of enrollment and a part-time graduate student is a student considered 51.10part time by the eligible institution the graduate student is attending. new text begin The minimum award new text end 51.11 new text begin for undergraduate and graduate students is $50 per term. new text end 51.12    Sec. 13. Minnesota Statutes 2006, section 198.32, subdivision 1, is amended to read: 51.13    Subdivision 1. Resident's rights. A resident of a Minnesota veterans home has the 51.14right to complain and otherwise exercise freedom of expression and assembly which is 51.15guaranteed by amendment I of the United States Constitution. The administrator of the 51.16home shall inform each resident in writing at the time of admission of the right to complain 51.17to the administrator about home accommodations and services. A notice of the right to 51.18complain shall be posted in the home. The administrator shall also inform each resident of 51.19the right to complain to the board or to the commissioner of veterans affairs. Each resident 51.20of a home shall be encouraged and assisted, throughout the period of stay in the home, to 51.21understand and exercise the rights of freedom of expression and assembly as a resident 51.22and as a citizen, and, to this end, the resident may voice grievances and recommend 51.23changes in policies and services to home staff, other residents, and outside representatives 51.24of the resident's choice, free from restraint, interference, coercion, discrimination, or 51.25reprisal, including retaliatory eviction. 51.26    Sec. 14. Minnesota Statutes 2006, section 349.12, subdivision 3a, is amended to read: 51.27    Subd. 3a. Allowable expense. "Allowable expense" means the percentage of the 51.28total cost incurred by the organization in the purchase of any good, service, or other item 51.29which corresponds to the proportion of the total actual use of the good, service, or other 51.30item that is directly related to conduct of lawful gambling. Allowable expense includes the 51.31advertising of the conduct of lawful gambling, provided that the amount expended does 51.32not exceed five percent of the annual gross profits of the organization or $5,000 per year 51.33per organization, whichever is less. new text begin The cost of a newsletter of a veterans organization is new text end 51.34 new text begin an allowable expense if any portion of the newsletter is used to promote lawful gambling new text end 52.1 new text begin in Minnesota. new text end The board may adopt rules to regulate the content of the advertising to 52.2ensure that the content is consistent with the public welfare. 52.3    Sec. 15. Minnesota Statutes 2006, section 609.115, is amended by adding a subdivision 52.4to read: 52.5     new text begin Subd. 10. new text end new text begin Veterans mental health status. new text end new text begin If a defendant convicted of a crime is new text end 52.6 new text begin currently serving in the military or is a veteran and has been diagnosed by a qualified new text end 52.7 new text begin psychiatrist or clinical psychologist or physician with a mental illness, the court may: new text end 52.8     new text begin (1) order that the officer preparing the report under subdivision 1 consult with the new text end 52.9 new text begin United States Department of Veterans Affairs, Minnesota Department of Veterans Affairs, new text end 52.10 new text begin or another agency or person with suitable knowledge or experience, for the purpose new text end 52.11 new text begin of providing the court with information regarding treatment options available to the new text end 52.12 new text begin defendant including federal, state, and local programming; and new text end 52.13     new text begin (2) consider the treatment recommendations of any diagnosing or treating mental new text end 52.14 new text begin health professionals together with the treatment options available to the defendant in new text end 52.15 new text begin imposing sentence. new text end 52.16    Sec. 16. new text begin RULES TRANSFER. new text end 52.17     new text begin Minnesota Rules, chapter 9050, is transferred from the Veterans Homes Board of new text end 52.18 new text begin Directors to the commissioner of veterans affairs. The commissioner shall administer and new text end 52.19 new text begin enforce those rules and may amend or repeal them. new text end 52.20    Sec. 17. new text begin APPOINTMENTS. new text end 52.21     new text begin Notwithstanding Minnesota Statutes, section 196.30, subdivision 2, paragraph (d), new text end 52.22 new text begin the governor may make the initial appointments to the Veterans Health Care Advisory new text end 52.23 new text begin Council under Executive Order 07-20 without complying with the appointment process in new text end 52.24 new text begin Minnesota Statutes, section 15.0597. new text end 52.25    Sec. 18. new text begin PARTNERING IN DELIVERY OF VETERANS SERVICES. new text end 52.26     new text begin The commissioner must seek input from a broad range of experienced new text end 52.27 new text begin nongovernmental social service and health care providers, including both secular and new text end 52.28 new text begin faith-based service organizations, from throughout the state regarding the feasibility of new text end 52.29 new text begin public-private collaboration in providing services to Minnesota Veterans. The services new text end 52.30 new text begin may include home health care, psychological counseling, life-skills rehabilitation new text end 52.31 new text begin counseling, home hospice care, respite care, and other types of home-based health new text end 52.32 new text begin care as judged necessary by the commissioner to enable veterans to recover from new text end 53.1 new text begin service-connected injuries, illnesses, and disabilities. The commissioner must report to new text end 53.2 new text begin the legislature by January 15, 2009, on its findings and recommendations for establishing new text end 53.3 new text begin such service-delivery partnerships. new text end 53.4    Sec. 19. new text begin VETERANS HOMES STRATEGIC PLANNING GROUP. new text end 53.5     new text begin Subdivision 1. new text end new text begin Creation. new text end new text begin An intergovernmental and veterans study group shall be new text end 53.6 new text begin appointed for the purpose of conducting strategic planning for existing and future state new text end 53.7 new text begin veterans homes, including in-depth strategic planning for the Minneapolis veterans home. new text end 53.8 new text begin This group is designated the "Veterans Homes Strategic Planning Group." The Veterans new text end 53.9 new text begin Homes Strategic Planning Group shall consist of the following members: new text end 53.10     new text begin (1) three senators, including two members of the majority party and one member new text end 53.11 new text begin of the minority party, at least one of whom represents a Minneapolis legislative district new text end 53.12 new text begin and one of whom represents a greater-Minnesota legislative district, appointed by the new text end 53.13 new text begin Subcommittee on Committees of the Committee on Rules and Administration of the new text end 53.14 new text begin senate; new text end 53.15     new text begin (2) three members of the house of representatives, including two members of the new text end 53.16 new text begin majority party and one member of the minority party, at least one of whom represents new text end 53.17 new text begin a Minneapolis legislative district and one of whom represents a greater-Minnesota new text end 53.18 new text begin legislative district, appointed by the speaker of the house; new text end 53.19     new text begin (3) the commissioner and two deputy commissioners of the Minnesota Department new text end 53.20 new text begin of Veterans Affairs (MDVA), or the commissioner's designees; new text end 53.21     new text begin (4) the president and legislative chair person of the Minnesota Association of County new text end 53.22 new text begin Veteran Service Officers (CVSOs), or the president's designees; new text end 53.23     new text begin (5) the chair of the Commanders Task Force of Minnesota's congressionally-chartered new text end 53.24 new text begin veterans service organizations, or the chair's designee; new text end 53.25     new text begin (6) two members each from the Minnesota departments of the American Legion, new text end 53.26 new text begin the Veterans of Foreign Wars, and the Disabled American Veterans, as appointed by the new text end 53.27 new text begin respective state commander of each organization, provided that of each organization's new text end 53.28 new text begin appointees, at least one be a resident of rural Minnesota; new text end 53.29     new text begin (7) the mayor of Minneapolis, or the mayor's designee, and one Minneapolis city new text end 53.30 new text begin planner designated by the mayor; new text end 53.31     new text begin (8) the chair of the Twin Cities Metropolitan Council, or the chair's designee; new text end 53.32     new text begin (9) one person from the Minnesota Inter-County Association (MICA), as designated new text end 53.33 new text begin by the association board; and new text end 53.34     new text begin (10) one person from the Association of Minnesota Counties (AMC), as designated new text end 53.35 new text begin by the Association board. new text end 54.1     new text begin Subd. 2. new text end new text begin Duties. new text end new text begin (a) The Veterans Homes Strategic Planning Group must meet new text end 54.2 new text begin periodically to conduct strategic planning for the state veterans homes, both existing and new text end 54.3 new text begin future, and with special focus on the current Minnesota veterans home in Minneapolis. new text end 54.4 new text begin The planning process must encompass a 25-year future time span, and must include: new text end 54.5     new text begin (1) current and projected figures for the number of Minnesota veterans within broad new text end 54.6 new text begin age categories, by gender and geographic region of the state; new text end 54.7     new text begin (2) current and projected needs of Minnesota veterans for skilled nursing care, new text end 54.8 new text begin domiciliary care and outpatient services, as being currently provided by the state veterans new text end 54.9 new text begin homes, and as may be needed in the future; new text end 54.10     new text begin (3) current and projected capital expenditure, plant maintenance, and operational new text end 54.11 new text begin costs for each existing Minnesota veterans home, both per-facility and per-veteran-served, new text end 54.12 new text begin with discussion of factors determining cost differences among the homes; new text end 54.13     new text begin (4) identification and discussion of the feasibility of alternative methods for meeting new text end 54.14 new text begin at least some of the various future needs of veterans, including: new text end 54.15     new text begin (i) the possibility of partnering for home-based services for veterans with new text end 54.16 new text begin nongovernmental nonprofit or faith-based social service and healthcare delivery new text end 54.17 new text begin organizations, as a means of reducing some of the future needs of veterans for domiciliary new text end 54.18 new text begin or skilled nursing care in veterans homes; new text end 54.19     new text begin (ii) reliance on private, veterans-only nursing homes for handling part or all of the new text end 54.20 new text begin future growth in veterans skilled nursing or domiciliary needs, possibly supplemented by new text end 54.21 new text begin some state-provided veterans services not currently available in private nursing homes; or new text end 54.22     new text begin (iii) any other feasible alternative service delivery methods; new text end 54.23     new text begin (5) current and projected capital expenditure, plant maintenance, and operational new text end 54.24 new text begin costs for meeting future veterans needs under: new text end 54.25     new text begin (i) the veterans-homes-only model; and new text end 54.26     new text begin (ii) the combined veterans-homes and home-based partnering model (or any other new text end 54.27 new text begin feasible service delivery model that the group identifies); and new text end 54.28     new text begin (6) discussion and recommendations regarding: new text end 54.29     new text begin (i) the types and levels of veterans home care judged feasible for the state to attempt new text end 54.30 new text begin to provide in the near-term and long-term future; and new text end 54.31     new text begin (ii) the optimal locations and timing for construction of any future state veterans new text end 54.32 new text begin homes and other service delivery facilities in Minnesota. new text end 54.33     new text begin (b) In addition to the duties described in paragraph (a), the Veterans Homes new text end 54.34 new text begin Strategic Planning Group must provide specific addition analysis of the projected capital, new text end 54.35 new text begin maintenance, and operating costs of the current Minnesota veterans home in Minneapolis, new text end 54.36 new text begin and must assess the feasibility of alternative operational models at that home or at locations new text end 55.1 new text begin within the seven-county metropolitan area. Discussion must include the feasibility, and new text end 55.2 new text begin estimation of any cost-savings from the razing or remodeling and converting of some of the new text end 55.3 new text begin infrastructure of the current campus for alternative uses and other pertinent items, such as: new text end 55.4     new text begin (i) construction of rental housing for veterans and family members of veterans new text end 55.5 new text begin receiving medical care at the nearby US/VA Medical Center or other nearby medical new text end 55.6 new text begin institutions; new text end 55.7     new text begin (ii) conducting a land use study including a highest and best use analysis for the new text end 55.8 new text begin existing site and all improvements; new text end 55.9     new text begin (iii) investigating opportunities for public/private partnerships in strategic land new text end 55.10 new text begin use; and new text end 55.11     new text begin (iv) any other purpose judged feasible by the strategic planning group. new text end 55.12     new text begin Subd. 3. new text end new text begin Report required. new text end new text begin (a) By January 15, 2009, the Veterans Homes Strategic new text end 55.13 new text begin Planning Group must report its proposed recommendations to the chairs of the senate and new text end 55.14 new text begin house committees with jurisdiction over veterans affairs, state governmental operations, new text end 55.15 new text begin and local government affairs. The strategic planning group may suggest draft legislation new text end 55.16 new text begin for legislative consideration. new text end 55.17     new text begin (b) The strategic planning group may continue its strategic planning activities and new text end 55.18 new text begin by January 15, 2010, may issue a second report to the same legislative chairs containing new text end 55.19 new text begin follow-up recommendations for legislative consideration. new text end 55.20     new text begin Subd. 4. new text end new text begin Administrative provisions. new text end new text begin (a) The commissioner of veterans affairs, or new text end 55.21 new text begin the commissioner's designee, must convene the initial meeting of the Veterans Homes new text end 55.22 new text begin Strategic Planning Group. Upon request of the group, the commissioner must provide new text end 55.23 new text begin meeting space and administrative services for the group. The members of the group must new text end 55.24 new text begin elect a chair or co-chairs from the legislative members of the group at the initial meeting. new text end 55.25 new text begin Each subsequent meeting of the group is at the call of the chair or co-chairs. new text end 55.26     new text begin (b) Public members of the strategic planning group serve without special new text end 55.27 new text begin compensation or special payment of expenses from the group. new text end 55.28     new text begin (c) The strategic planning group expires on June 30, 2010, unless an extension is new text end 55.29 new text begin authorized by law by that date. new text end 55.30     new text begin (d) In accordance with completed predesign documents, veterans population surveys, new text end 55.31 new text begin and department construction project priority listing, the commissioner shall continue to new text end 55.32 new text begin plan, develop, and pursue federal funding and other resources for the construction of a new text end 55.33 new text begin veterans long-term and domiciliary mental health facility in Kandiyohi County. The new text end 55.34 new text begin planning must include possible options for traumatic brain injury treatment. new text end 56.1     new text begin Subd. 5. new text end new text begin Deadline for appointments and designations. new text end new text begin The appointments and new text end 56.2 new text begin designations authorized by this section must be completed by August 1, 2008. The new text end 56.3 new text begin strategic planning group must convene its initial meeting no later than September 1, 2008. new text end 56.4 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 56.5    Sec. 20. new text begin COUNTY VETERANS SERVICES WORKING GROUP. new text end 56.6     new text begin Subdivision 1. new text end new text begin Creation. new text end new text begin The County Veteran Services Working Group shall consist new text end 56.7 new text begin of the following 13 members: new text end 56.8     new text begin (1) two senators, including one member from the majority party and one member new text end 56.9 new text begin from the minority party, appointed by the Subcommittee on Committees of the Committee new text end 56.10 new text begin on Rules and Administration of the senate; new text end 56.11     new text begin (2) two members of the house of representatives, one member from the majority new text end 56.12 new text begin party and one member from the minority party, appointed by the speaker of the house; new text end 56.13     new text begin (3) the commissioner and two deputy commissioners of the Minnesota Department new text end 56.14 new text begin of Veterans Affairs (MDVA), or the commissioner's designees; new text end 56.15     new text begin (4) the president, vice president, and legislative chair person of the Minnesota new text end 56.16 new text begin Association of County Veteran Service Officers (CVSOs); new text end 56.17     new text begin (5) the chair of the Commanders Task Force of Minnesota's congressionally-chartered new text end 56.18 new text begin veterans service organizations, or the chair's designee; new text end 56.19     new text begin (6) one person from the Minnesota Inter-County Association (MICA), as designated new text end 56.20 new text begin by the association board; and new text end 56.21     new text begin (7) one person from the Association of Minnesota Counties (AMC), as designated new text end 56.22 new text begin by the association board. new text end 56.23     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 56.24 new text begin and recommendations of the 2008 report of the Office of the Legislative Auditor (OLA) new text end 56.25 new text begin on Minnesota's county veterans service offices, and make written recommendations to the new text end 56.26 new text begin legislature regarding whether and how each of that report's recommendations should be new text end 56.27 new text begin implemented. The working group may also provide additional recommendations on how new text end 56.28 new text begin to enhance the current services provided by the county veteran service offices. new text end 56.29     new text begin The working group may suggest draft legislation for legislative consideration. By new text end 56.30 new text begin January 15, 2009, the working group must report its proposed recommendations to the new text end 56.31 new text begin chairs of the senate and house committees with jurisdiction over veterans affairs, state new text end 56.32 new text begin governmental operations, and local government affairs. new text end 56.33     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 56.34 new text begin the commissioner's designee, must convene the initial meeting of the working group. new text end 56.35 new text begin Upon request of the working group, the commissioner must provide meeting space and new text end 57.1 new text begin administrative services for the group. The members of the working group must elect a new text end 57.2 new text begin chair or co-chairs from the legislative members of the working group at the initial meeting. new text end 57.3 new text begin Each subsequent meeting is at the call of the chair or co-chairs. new text end 57.4     new text begin (b) Public members of the working group serve without special compensation or new text end 57.5 new text begin special payment of expenses from the working group. new text end 57.6     new text begin (c) The working group expires on June 30, 2009, unless an extension is authorized new text end 57.7 new text begin by law by that date. new text end 57.8     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 57.9 new text begin designations authorized by this section must be completed by August 1, 2008. The new text end 57.10 new text begin working group must convene its initial meeting no later than September 1, 2008. new text end 57.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 57.12    Sec. 21. new text begin STUDY OF VETERANS EMPLOYMENT IN STATE GOVERNMENT. new text end 57.13     new text begin (a) By October 1, 2008, each appointing authority in the executive branch of state new text end 57.14 new text begin government, including the Minnesota State Colleges and Universities, must report to the new text end 57.15 new text begin commissioner of finance on the incidence of employment, recruitment, retention, and new text end 57.16 new text begin retirement of veterans in their nonelected workforce for fiscal year 2008. The report new text end 57.17 new text begin must be made in a manner approved by the commissioner, and for each separate hiring new text end 57.18 new text begin unit must include tabulation by age category and length of state employment in the new text end 57.19 new text begin executive branch, including the state college and university system. Each executive branch new text end 57.20 new text begin appointing authority must also report specific veteran employment data requested by the new text end 57.21 new text begin commissioner as of June 30, 2008, June 30, 2001, and an earlier date if judged feasible new text end 57.22 new text begin by the commissioner. By January 15, 2009, the commissioner must submit a report on new text end 57.23 new text begin the employment of veterans in the executive branch to the chairs of the house and senate new text end 57.24 new text begin policy and finance committees having jurisdiction over veterans affairs. The report must new text end 57.25 new text begin present and analyze the data obtained in this paragraph. new text end 57.26     new text begin (b) By October 1, 2008, the judicial branch of state government must report to new text end 57.27 new text begin the chairs of the house and senate policy and finance committees having jurisdiction new text end 57.28 new text begin over veterans affairs the number of veterans employed in the judicial branch nonelective new text end 57.29 new text begin workforce on June 30, 2008, based on self-reporting of veteran status. For each separate new text end 57.30 new text begin hiring unit, the data must include tabulation by age category and length of state new text end 57.31 new text begin employment in the judicial branch. new text end 57.32     new text begin (c) By October 1, 2008, the house of representatives, the senate, and the Legislative new text end 57.33 new text begin Coordinating Commission on behalf of joint legislative offices and commissions, must new text end 57.34 new text begin report to the chairs of the house and senate policy and finance committees having new text end 57.35 new text begin jurisdiction over veterans affairs the number of veterans employed in their nonelective new text end 58.1 new text begin workforce on June 30, 2008, based on self-reporting of veteran status. For each separate new text end 58.2 new text begin hiring unit, the data must include tabulation by age category and length of state new text end 58.3 new text begin employment in the legislative branch. new text end 58.4     new text begin (d) For purposes of this section, "veteran" has the meaning given in Minnesota new text end 58.5 new text begin Statutes, section 197.447. new text end 58.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 58.7    Sec. 22. new text begin REVISOR'S INSTRUCTION. new text end 58.8     new text begin (a) The revisor shall change "board," "board of directors," or "Veterans Homes new text end 58.9 new text begin Board of Directors" to "commissioner" wherever it is used in Minnesota Statutes, sections new text end 58.10 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 58.11 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 58.12 new text begin and shall change "board rules" to "rules adopted under this chapter" wherever it appears in new text end 58.13 new text begin Minnesota Statutes, sections 198.007 and 198.022. new text end 58.14     new text begin (b) In Minnesota Rules, chapter 9050, the revisor shall: new text end 58.15     new text begin (1) change the terms "executive director," "executive director of the board," new text end 58.16 new text begin "executive director of the Veterans Homes Board," "Minnesota Veterans Homes Board," new text end 58.17 new text begin and "board" to "commissioner of veterans affairs" except where the term "board" is used new text end 58.18 new text begin with a different meaning in Minnesota Rules, part 9050.0040, subpart 16; new text end 58.19     new text begin (2) change the term "board-operated facility" to "facility operated by the new text end 58.20 new text begin commissioner of veterans affairs" and change the term "non-board-operated facility" to new text end 58.21 new text begin "facility not operated by the commissioner of veterans affairs"; new text end 58.22     new text begin (3) change the term "board-approved" to "approved by the commissioner of veterans new text end 58.23 new text begin affairs"; and new text end 58.24     new text begin (4) eliminate the term "board" where it is used in the third paragraph of Minnesota new text end 58.25 new text begin Rules, part 9050.1070, subpart 9. new text end 58.26     new text begin (c) The revisor shall change any of the terms in paragraph (a) or (b) to "commissioner new text end 58.27 new text begin of veterans affairs" if they are used to refer to the Veterans Homes Board of Directors or new text end 58.28 new text begin its executive director anywhere else in Minnesota Statutes or Minnesota Rules. new text end 58.29    Sec. 23. new text begin REPEALER. new text end 58.30 new text begin Minnesota Statutes 2006, sections 190.17; 197.236, subdivisions 7 and 10; 198.001, new text end 58.31 new text begin subdivisions 6 and 9; 198.002, subdivisions 1, 3, and 6; 198.003, subdivisions 5 and 6; new text end 58.32 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 58.33 new text begin subdivision 2; and 198.004, subdivision 1, new text end new text begin are repealed. new text end 58.34 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 59.1ARTICLE 4 59.2ETHANOL BLENDING POLICY 59.3    Section 1. Minnesota Statutes 2006, section 239.051, subdivision 15, is amended to 59.4read: 59.5    Subd. 15. Ethanol blender. "Ethanol blender" means a person who blends and 59.6distributes, transports, sells, or offers to sell gasoline containing ten percent ethanol by 59.7volume. 59.8    Sec. 2. Minnesota Statutes 2007 Supplement, section 239.761, subdivision 4, is 59.9amended to read: 59.10    Subd. 4. Gasoline blended with ethanol new text begin ; general new text end . (a) Gasoline may be blended 59.11with up to ten percent, by volume, agriculturally derived, denatured ethanol that complies 59.12with the requirements of subdivision 5. 59.13    (b) A gasoline-ethanol blend must: 59.14    (1) comply with the volatility requirements in Code of Federal Regulations, title 59.1540, part 80; 59.16    (2) comply with ASTM specification D4814-06, or the gasoline base stock from 59.17which a gasoline-ethanol blend was produced must comply with ASTM specification 59.18D4814-06; and 59.19    (3) not be blended with casinghead gasoline, absorption gasoline, condensation 59.20gasoline, drip gasoline, or natural gasoline after the gasoline-ethanol blend has been sold, 59.21transferred, or otherwise removed from a refinery or terminal. 59.22    Sec. 3. Minnesota Statutes 2007 Supplement, section 239.761, is amended by adding a 59.23subdivision to read: 59.24     new text begin Subd. 4a. new text end new text begin Gasoline blended with ethanol; standard combustion engines. new text end 59.25     new text begin Gasoline combined with ethanol for use in standard combustion engines may be blended new text end 59.26 new text begin with up to ten percent agriculturally derived, denatured ethanol, by volume, or any new text end 59.27 new text begin percentage specifically authorized in a waiver granted by the United States Environmental new text end 59.28 new text begin Protection Agency under section 211(f)(4) of the Clean Air Act, United States Code, title new text end 59.29 new text begin 42, section 7545, subsection (f), paragraph (4). The gasoline-ethanol blend must comply new text end 59.30 new text begin with the general provisions in subdivision 4. new text end 59.31    Sec. 4. Minnesota Statutes 2007 Supplement, section 239.761, is amended by adding a 59.32subdivision to read: 60.1     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 60.2 new text begin blended for use in an alternative fuel vehicle, as defined in section 296A.01, subdivision 5, new text end 60.3 new text begin may contain any percentage of agriculturally derived, denatured ethanol, by volume, not new text end 60.4 new text begin to exceed 85 percent. The gasoline-ethanol blend must comply with the general provisions new text end 60.5 new text begin in subdivision 4. The gasoline and ethanol may be blended by an ethanol blender or at the new text end 60.6 new text begin point of retail sale in an ethanol-blending fuel dispenser clearly labeled "FLEX-FUEL new text end 60.7 new text begin VEHICLES ONLY." If blended by an ethanol blender, the percentage of ethanol in the new text end 60.8 new text begin resulting gasoline-ethanol blend must be clearly identified. new text end 60.9     new text begin (b) If a person responsible for the product utilizes an ethanol-blending fuel dispenser new text end 60.10 new text begin to dispense both gasoline blended with ethanol for use in alternative fuel vehicles and new text end 60.11 new text begin gasoline blended with ethanol for use in standard combustion engines, the person must new text end 60.12 new text begin ensure that the gasoline blended with ethanol for use in standard combustion engines is new text end 60.13 new text begin dispensed from a fuel-dispensing hose and nozzle or other conveyance dedicated solely new text end 60.14 new text begin to gasoline blended with ethanol for use in standard combustion engines and clearly new text end 60.15 new text begin labeled as such. new text end 60.16     new text begin (c) A person responsible for the product who complies with the provisions in new text end 60.17 new text begin paragraph (b) is not responsible for a self-service fueling action taken by that person's new text end 60.18 new text begin retail fuel customer. new text end 60.19    Sec. 5. Minnesota Statutes 2006, section 239.7911, subdivision 2, is amended to read: 60.20    Subd. 2. Promotion of renewable liquid fuels. (a) The commissioner of 60.21agriculture, in consultation with the commissioners of commerce and the Pollution 60.22Control Agency, shall identify and implement activities necessary for the widespread use 60.23of renewable liquid fuels in the state. Beginning November 1, 2005, and continuing 60.24through 2015, the commissioners, or their designees, shall work with representatives 60.25from the renewable fuels industry, petroleum retailers, refiners, automakers, small engine 60.26manufacturers, and other interested groups, to develop annual recommendations for 60.27administrative and legislative action. 60.28    (b) The activities of the commissioners under this subdivision shall include, but not 60.29be limited to: 60.30    (1) developing recommendations for incentives for retailers to install equipment 60.31necessary for dispensing renewable liquid fuels to the public; 60.32    (2) new text begin expanding the renewable-fuel options available to Minnesota consumers by new text end 60.33obtaining federal approval for the use of E20 new text begin and additional blends that contain a greater new text end 60.34 new text begin percentage of ethanol, including but not limited to E30 and E50, new text end as gasoline; 61.1    (3) developing recommendations for ensuring that motor vehicles and small engine 61.2equipment have access to an adequate supply of fuel; 61.3    (4) working with the owners and operators of large corporate automotive fleets in the 61.4state to increase their use of renewable fuels; and 61.5    (5) working to maintain an affordable retail price for liquid fuels. 61.6    Sec. 6. Minnesota Statutes 2006, section 296A.01, subdivision 2, is amended to read: 61.7    Subd. 2. Agricultural alcohol gasoline. "Agricultural alcohol gasoline" means a 61.8gasoline-ethanol blend of up to ten percent agriculturally derived fermentation new text begin satisfying new text end 61.9 new text begin the provisions of section 239.761, subdivision 4a or 4b, with new text end ethanol derived from 61.10agricultural products, such as potatoes, cereal, grains, cheese whey, sugar beets, forest 61.11products, or other renewable resources, that: 61.12    (1) meets the specifications in ASTM specification D4806-04a; and 61.13    (2) is denatured as specified in Code of Federal Regulations, title 27, parts 20 and 21. 61.14    Sec. 7. Minnesota Statutes 2007 Supplement, section 296A.01, subdivision 25, is 61.15amended to read: 61.16    Subd. 25. Gasoline blended with ethanol. "Gasoline blended with ethanol" means 61.17gasoline blended with up to 20 percent, by volume, agriculturally derived, denatured 61.18ethanol. The blend must comply with the volatility requirements in Code of Federal 61.19Regulations, title 40, part 80. The blend must also comply with ASTM specification 61.20D4814-06, or the gasoline base stock from which a gasoline-ethanol blend was produced 61.21must comply with ASTM specification D4814-06; and the gasoline-ethanol blend must 61.22not be blended with casinghead gasoline, absorption gasoline, condensation gasoline, drip 61.23gasoline, or natural gasoline after the gasoline-ethanol blend has been sold, transferred, or 61.24otherwise removed from a refinery or terminal. The blend need not comply with ASTM 61.25specification D4814-06 if it is subjected to a standard distillation test. For a distillation 61.26test, a gasoline-ethanol blend is not required to comply with the temperature specification 61.27at the 50 percent liquid recovery point, if the gasoline from which the gasoline-ethanol 61.28blend was produced complies with all of the distillation specifications new text begin a gasoline-ethanol new text end 61.29 new text begin blend satisfying the provisions of section 239.761, subdivision 4a or 4b new text end .