1.1 	A bill for an act
1.2 	relating to appropriations; appropriating money for agriculture, the Board of 
1.3 	Animal Health, Rural Finance Authority, veterans, and the military; changing 
1.4 	certain agricultural and animal health requirements and programs; establishing a 
1.5 	program; eliminating a sunset; requiring certain studies and reports;amending 
1.6 	Minnesota Statutes 2008, sections 3.737, subdivision 1; 3.7371, subdivision 3; 
1.7 	13.643, by adding a subdivision; 17.115, subdivision 2; 18.75; 18.76; 18.77, 
1.8 	subdivisions 1, 3, 5, by adding subdivisions; 18.78, subdivision 1, by adding 
1.9 	a subdivision; 18.79; 18.80, subdivision 1; 18.81, subdivision 3, by adding 
1.10 	subdivisions; 18.82, subdivisions 1, 3; 18.83; 18.84, subdivisions 1, 2, 3; 
1.11 	18.86; 18.87; 18.88; 18B.01, subdivision 8, by adding subdivisions; 18B.065, 
1.12 	subdivisions 1, 2, 2a, 3, 7, by adding subdivisions; 18B.26, subdivisions 1, 
1.13 	3; 18B.31, subdivisions 3, 4; 18B.37, subdivision 1; 18C.415, subdivision 
1.14 	3; 18C.421; 18C.425, subdivisions 4, 6; 18E.03, subdivisions 2, 4; 18E.06; 
1.15 	18H.02, subdivision 12a, by adding subdivisions; 18H.07, subdivisions 2, 
1.16 	3; 18H.09; 18H.10; 28A.085, subdivision 1; 28A.21, subdivision 5; 31.94; 
1.17 	32.394, subdivision 8; 41A.09, subdivisions 2a, 3a; 41B.039, subdivision 
1.18 	2; 41B.04, subdivision 8; 41B.042, subdivision 4; 41B.043, subdivision 
1.19 	1b; 41B.045, subdivision 2; 43A.11, subdivision 7; 43A.23, subdivision 1; 
1.20 	97A.045, subdivision 1; 171.06, subdivision 3; 171.07, by adding a subdivision; 
1.21 	171.12, by adding a subdivision; 197.455, subdivision 1; 197.46; 198.003, by 
1.22 	adding subdivisions; 239.791, subdivisions 1, 1a; 336.9-601; 343.11; 550.365, 
1.23 	subdivision 2; 559.209, subdivision 2; 582.039, subdivision 2; 583.215; 
1.24 	626.8517; Laws 2008, chapter 297, article 2, section 26, subdivision 3; proposing 
1.25 	coding for new law in Minnesota Statutes, chapters 17; 18; 18B; 31; 41A; 192; 
1.26 	198; repealing Minnesota Statutes 2008, sections 17.49, subdivision 3; 18G.12, 
1.27 	subdivision 5; 38.02, subdivisions 3, 4; 41.51; 41.52; 41.53; 41.55; 41.56; 41.57; 
1.28 	41.58, subdivisions 1, 2; 41.59, subdivision 1; 41.60; 41.61, subdivision 1; 41.62; 
1.29 	41.63; 41.65; Minnesota Rules, part 1505.0820.
1.30 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.31 	ARTICLE 1
1.32 	AGRICULTURE

1.33	Section 1.  SUMMARY OF APPROPRIATIONS.

2.1 	The amounts shown in this section summarize direct appropriations, by fund, made 
2.2 	in this article.

2.3			2010
		2011
		Total
	
2.4	General
	$
	44,408,000
	$
	43,323,000
	$
	87,731,000
	
2.5	Agricultural 
	$
	800,000
	$
	800,000
	$
	1,600,000
	
2.6	Remediation
	$
	388,000
	$
	388,000
	$
	776,000
	
2.7	Total
	$
	45,596,000
	$
	44,511,000
	$
	90,107,000

2.8	Sec. 2. AGRICULTURE APPROPRIATIONS.
 	
2.9 	The sums shown in the columns marked "Appropriations" are appropriated to the 
2.10 	agencies and for the purposes specified in this act. The appropriations are from the general 
2.11 	fund, or another named fund, and are available for the fiscal years indicated for each 
2.12 	purpose. The figures "2010" and "2011" used in this act mean that the appropriations 
2.13 	listed under them are available for the fiscal year ending June 30, 2010, or June 30, 2011, 
2.14 	respectively. "The first year" is fiscal year 2010. "The second year" is fiscal year 2011. 
2.15 	"The biennium" is fiscal years 2010 and 2011.

2.16				APPROPRIATIONS
	
2.17				Available for the Year
	
2.18				Ending June 30
	
2.19					2010
		2011

2.20	Sec. 3. DEPARTMENT OF AGRICULTURE

2.21	Subdivision 1.Total Appropriation
 	$
	37,575,000
	$
	36,490,000

2.22	Appropriations by Fund
	
2.23		2010
	2011
	
2.24	General
	36,387,000
	35,302,000
	
2.25	Remediation
	388,000
	388,000
	
2.26	Agricultural
	800,000
	800,000
	
2.27 	The amounts that may be spent for each 
2.28 	purpose are specified in the following 
2.29 	subdivisions.

2.30	Subd. 2.Protection Services
 		13,078,000
		13,078,000

2.31	Appropriations by Fund
	
2.32	General
	12,690,000
	12,690,000
	
2.33	Remediation
	388,000
	388,000
	
2.34 	$388,000 the first year and $388,000 the 
2.35 	second year are from the remediation fund 
3.1 	for administrative funding for the voluntary 
3.2 	cleanup program.
3.3 	$75,000 the first year and $75,000 the second 
3.4 	year are for compensation for destroyed or 
3.5 	crippled animals under Minnesota Statutes, 
3.6 	section 3.737. If the amount in the first year 
3.7 	is insufficient, the amount in the second year 
3.8 	is available in the first year.
3.9 	$75,000 the first year and $75,000 the second 
3.10 	year are for compensation for crop damage 
3.11 	under Minnesota Statutes, section 3.7371. If 
3.12 	the amount in the first year is insufficient, the 
3.13 	amount in the second year is available in the 
3.14 	first year.
3.15 	If the commissioner determines that claims 
3.16 	made under Minnesota Statutes, section 
3.17 	3.737 or 3.7371, are unusually high, amounts 
3.18 	appropriated for either program may be 
3.19 	transferred to the appropriation for the other 
3.20 	program.
3.21 	$150,000 the first year and $150,000 the 
3.22 	second year are for plant pest surveys.

3.23
3.24	Subd. 3.Agricultural Marketing and 
Development
 		4,782,000
		4,782,000
	
3.25 	$186,000 the first year and $186,000 the 
3.26 	second year are for transfer to the Minnesota 
3.27 	grown account and may be used as grants 
3.28 	for Minnesota grown promotion under 
3.29 	Minnesota Statutes, section 17.102. Grants 
3.30 	may be made for one year. Notwithstanding 
3.31 	Minnesota Statutes, section 16A.28, the 
3.32 	appropriations encumbered under contract on 
3.33 	or before June 30, 2011, for Minnesota grown 
3.34 	grants in this paragraph are available until 
3.35 	June 30, 2013. $50,000 of the appropriation 
4.1 	in each year is for efforts that identify 
4.2 	and promote Minnesota grown products in 
4.3 	retail food establishments including but not 
4.4 	limited to restaurants, grocery stores, and 
4.5 	convenience stores.
4.6 	$100,000 the first year and $100,000 the 
4.7 	second year are for grants to farmers for 
4.8 	demonstration projects involving sustainable 
4.9 	agriculture as authorized in Minnesota 
4.10 	Statutes, section 17.116. Of the amount 
4.11 	for grants, up to $20,000 may be used for 
4.12 	dissemination of information about the 
4.13 	demonstration projects. Notwithstanding 
4.14 	Minnesota Statutes, section 16A.28, the 
4.15 	appropriations encumbered under contract 
4.16 	on or before June 30, 2011, for sustainable 
4.17 	agriculture grants in this paragraph are 
4.18 	available until June 30, 2013.
4.19 	$103,000 the first year and $103,000 the 
4.20 	second year are to provide training and 
4.21 	technical assistance to county and town 
4.22 	officials relating to livestock siting issues 
4.23 	and local zoning and land use planning, 
4.24 	including maintenance of the checklist 
4.25 	template clarifying the federal, state, 
4.26 	and local government requirements for 
4.27 	consideration of an animal agriculture 
4.28 	modernization or expansion project. For the 
4.29 	training and technical assistance program, 
4.30 	the commissioner shall continue to seek 
4.31 	guidance, advice, and support of livestock 
4.32 	producer organizations, general agricultural 
4.33 	organizations, local government associations, 
4.34 	academic institutions, other government 
4.35 	agencies, and others with expertise in land 
4.36 	use and agriculture.
5.1 	$77,000 the first year and $77,000 the second 
5.2 	year are for integrated pest management 
5.3 	activities.
5.4 	$10,000 the first year and $10,000 the 
5.5 	second year are for annual cost-share 
5.6 	payments to resident farmers or persons 
5.7 	who sell, process, or package agricultural 
5.8 	products in this state for the costs of organic 
5.9 	certification. Annual cost-share payments 
5.10 	per farmer must be two-thirds of the cost 
5.11 	of the certification or $350, whichever is 
5.12 	less. In any year that a resident farmer or 
5.13 	person who sells, processes, or packages 
5.14 	agricultural products in this state receives 
5.15 	a federal organic certification cost-share 
5.16 	payment, that resident farmer or person is 
5.17 	not eligible for state cost-share payments. A 
5.18 	certified farmer is eligible to receive annual 
5.19 	certification cost-share payments for up to 
5.20 	five years. The commissioner may allocate 
5.21 	any excess appropriation in either fiscal year 
5.22 	for organic market and program development 
5.23 	including organic producer education efforts, 
5.24 	assistance for persons transitioning from 
5.25 	conventional to organic agriculture, or 
5.26 	sustainable agriculture demonstration grants 
5.27 	authorized under Minnesota Statutes, section 
5.28 	17.116, and pertaining to organic research or 
5.29 	demonstration. Any unencumbered balance 
5.30 	does not cancel at the end of the first year 
5.31 	and is available for the second year.

5.32
5.33	Subd. 4.Bioenergy and Value-Added 
Agriculture
 		12,168,000
		12,168,000
	
5.34 	$12,168,000 the first year and $12,168,000 
5.35 	the second year are for ethanol producer 
5.36 	payments under Minnesota Statutes, section 
6.1 	41A.09. If the total amount for which all 
6.2 	producers are eligible in a quarter exceeds 
6.3 	the amount available for payments, the 
6.4 	commissioner shall make payments on a pro 
6.5 	rata basis. The commissioner of agriculture 
6.6 	must post on the department's Web site each 
6.7 	payment issued under this appropriation 
6.8 	including the amount and recipient of each 
6.9 	payment. If the appropriation exceeds 
6.10 	the total amount for which all producers 
6.11 	are eligible in a fiscal year for scheduled 
6.12 	payments and for deficiencies in payments 
6.13 	during previous fiscal years, the balance 
6.14 	in the appropriation is available to the 
6.15 	commissioner for value-added agricultural 
6.16 	programs including the value-added 
6.17 	agricultural processing and marketing grant 
6.18 	program under Minnesota Statutes, section 
6.19 	17.101, subdivision 5. The appropriation 
6.20 	remains available until spent. The base 
6.21 	appropriation for fiscal year 2012 is 
6.22 	$12,668,000.
6.23 	In addition to the reporting requirements in 
6.24 	Minnesota Statutes, section 41A.09, before 
6.25 	the commissioner of agriculture may award 
6.26 	a producer payment or deficiency payment 
6.27 	to an eligible producer, the producer must 
6.28 	submit to the commissioner of agriculture 
6.29 	a letter from the Pollution Control Agency 
6.30 	certifying that, during the reporting period, 
6.31 	the producer was in full compliance with any 
6.32 	required pollution control permit or permits 
6.33 	issued by the Pollution Control Agency. 
6.34 	If the producer was not in full compliance 
6.35 	during the payment period, the producer 
6.36 	loses eligibility for that period's payment 
7.1 	amount permanently. If the producer does 
7.2 	not correct the issue within 12 months, as 
7.3 	certified by the Pollution Control Agency, 
7.4 	the producer is ineligible for any additional 
7.5 	ethanol producer or deficiency payments.
7.6 	If majority ownership of an eligible ethanol 
7.7 	plant is sold or otherwise transferred to an 
7.8 	entity that is neither eligible to farm or own 
7.9 	agricultural land under Minnesota Statutes, 
7.10 	section 500.24, nor an individual residing 
7.11 	within 30 miles of the plant, the ethanol plant 
7.12 	becomes ineligible for additional ethanol 
7.13 	producer or deficiency payments.

7.14
7.15	Subd. 5.Administration and Financial 
Assistance
 		7,547,000
		6,462,000

7.16	Appropriations by Fund
	
7.17		2010
	2011
	
7.18	General
	6,747,000
	5,662,000
	
7.19	Agricultural
	800,000
	800,000
	
7.20 	$25,000 the first year is for a grant to 
7.21 	members of a farmers market association to 
7.22 	reimburse up to $1,000 of membership fees 
7.23 	for members who incurred crop damages as 
7.24 	a result of the hail storm in 2008.
7.25 	$755,000 the first year and $755,000 the 
7.26 	second year are for continuation of the dairy 
7.27 	development and profitability enhancement 
7.28 	and dairy business planning grant programs 
7.29 	established under Laws 1997, chapter 
7.30 	216, section 7, subdivision 2, and Laws 
7.31 	2001, First Special Session chapter 2, 
7.32 	section 9, subdivision 2. The commissioner 
7.33 	may allocate the available sums among 
7.34 	permissible activities, including efforts to 
7.35 	improve the quality of milk produced in the 
7.36 	state in the proportions that the commissioner 
8.1 	deems most beneficial to Minnesota's dairy 
8.2 	farmers. The commissioner must submit a 
8.3 	work plan detailing plans for expenditures 
8.4 	under this program to the chairs of the house 
8.5 	of representatives and senate committees 
8.6 	dealing with agricultural policy and budget 
8.7 	on or before the start of each fiscal year. If 
8.8 	significant changes are made to the plans 
8.9 	in the course of the year, the commissioner 
8.10 	must notify the chairs.
8.11 	$50,000 the first year and $50,000 the 
8.12 	second year are for the Northern Crops 
8.13 	Institute. These appropriations may be spent 
8.14 	to purchase equipment.
8.15 	$19,000 the first year and $19,000 the 
8.16 	second year are for a grant to the Minnesota 
8.17 	Livestock Breeders Association.
8.18 	$250,000 the first year and $250,000 the 
8.19 	second year are for grants to the Minnesota 
8.20 	Agricultural Education and Leadership 
8.21 	Council for programs of the council under 
8.22 	Minnesota Statutes, chapter 41D.
8.23 	$474,000 the first year and $474,000 the 
8.24 	second year are for payments to county and 
8.25 	district agricultural societies and associations 
8.26 	under Minnesota Statutes, section 38.02, 
8.27 	subdivision 1. Of this amount, $4,000 each 
8.28 	year is for 4-H premiums. Aid payments to 
8.29 	county and district agricultural societies and 
8.30 	associations shall be disbursed no later than 
8.31 	July 15 of each year. These payments are the 
8.32 	amount of aid from the state for an annual 
8.33 	fair held in the previous calendar year.
9.1 	$1,000 the first year and $1,000 the second 
9.2 	year are for grants to the Minnesota State 
9.3 	Poultry Association.
9.4 	$65,000 the first year and $65,000 the second 
9.5 	year are for annual grants to the Minnesota 
9.6 	Turf Seed Council for basic and applied 
9.7 	research on the improved production of 
9.8 	forage and turf seed related to new and 
9.9 	improved varieties. The grant recipient may 
9.10 	subcontract with a qualified third party for 
9.11 	some or all of the basic and applied research.
9.12 	$50,000 the first year and $50,000 the 
9.13 	second year are for grants to the Minnesota 
9.14 	Turf Seed Council for basic and applied 
9.15 	agronomic research on native plants, 
9.16 	including plant breeding but not genetic 
9.17 	engineering, nutrient management, pest 
9.18 	management, disease management, yield, 
9.19 	and viability. Any plantings conducted 
9.20 	with money from this appropriation must 
9.21 	protect existing native prairies from genetic 
9.22 	contamination. The Minnesota Turf Seed 
9.23 	Council may subcontract with a qualified 
9.24 	third party for some or all of the basic or 
9.25 	applied research. The Minnesota Turf Seed 
9.26 	Council must actively participate in the 
9.27 	Agricultural Utilization Research Institute's 
9.28 	Renewable Energy Roundtable and no 
9.29 	later than February 1, 2011, must report 
9.30 	to the house of representatives and senate 
9.31 	committees with jurisdiction over agriculture 
9.32 	finance. This is a onetime appropriation.
9.33 	$500,000 the first year and $500,000 the 
9.34 	second year are for grants to Second Harvest 
9.35 	Heartland on behalf of Minnesota's six 
10.1 	Second Harvest food banks for the purchase 
10.2 	of milk for distribution to Minnesota's food 
10.3 	shelves and other charitable organizations 
10.4 	that are eligible to receive food from the food 
10.5 	banks. Milk purchased under the grants must 
10.6 	be acquired from Minnesota milk processors 
10.7 	and based on low-cost bids. The milk must be 
10.8 	allocated to each Second Harvest food bank 
10.9 	serving Minnesota according to the formula 
10.10 	used in the distribution of United States 
10.11 	Department of Agriculture commodities 
10.12 	under The Emergency Food Assistance 
10.13 	Program (TEFAP). Second Harvest 
10.14 	Heartland must submit quarterly reports 
10.15 	to the commissioner on forms prescribed 
10.16 	by the commissioner. The reports must 
10.17 	include, but are not limited to, information 
10.18 	on the expenditure of funds, the amount 
10.19 	of milk purchased, and the organizations 
10.20 	to which the milk was distributed. Second 
10.21 	Harvest Heartland may enter into contracts 
10.22 	or agreements with food banks for shared 
10.23 	funding or reimbursement of the direct 
10.24 	purchase of milk. Each food bank receiving 
10.25 	money from this appropriation may use up to 
10.26 	two percent of the grant for administrative 
10.27 	expenses.
10.28 	$1,000,000 the first year is for the 21st 
10.29 	century agricultural reinvestment program in 
10.30 	Minnesota Statutes, section 41A.12. Priority 
10.31 	must be given to livestock programs under 
10.32 	Minnesota Statutes, section 17.118. The 
10.33 	commissioner may use up to 4.5 percent 
10.34 	of this appropriation for costs incurred to 
10.35 	administer the program.
11.1 	$100,000 the first year and $100,000 the 
11.2 	second year are for transfer to the Board of 
11.3 	Trustees of the Minnesota State Colleges and 
11.4 	Universities for mental health counseling 
11.5 	support to farm families and business 
11.6 	operators through farm business management 
11.7 	programs at Central Lakes College and 
11.8 	Ridgewater College.
11.9 	$18,000 the first year and $18,000 the 
11.10 	second year are for grants to the Minnesota 
11.11 	Horticultural Society.
11.12 	Notwithstanding Minnesota Statutes, 
11.13 	section 18C.131, $800,000 the first year 
11.14 	and $800,000 the second year are from the 
11.15 	agricultural fund for grants for fertilizer 
11.16 	research as awarded by the Minnesota 
11.17 	Agricultural Fertilizer Research and 
11.18 	Education Council under Minnesota Statutes, 
11.19 	section 18C.71. No later than February 1, 
11.20 	2011, the commissioner shall report to the 
11.21 	legislative committees with jurisdiction over 
11.22 	agriculture finance. The report must include 
11.23 	the progress and outcome of funded projects 
11.24 	as well as the sentiment of the council 
11.25 	concerning the need for additional research 
11.26 	funds.
11.27 	$60,000 the first year is for grants to four 
11.28 	pilot food projects as required under this 
11.29 	article.

11.30	Sec. 4. BOARD OF ANIMAL HEALTH
 	$
	5,156,000
	$
	5,156,000
	
11.31 	$2,531,000 the first year and $2,531,000 
11.32 	the second year are for bovine tuberculosis 
11.33 	eradication efforts in cattle herds.
12.1 	$100,000 the first year and $100,000 the 
12.2 	second year are for a program to control 
12.3 	paratuberculosis (Johne's disease) in 
12.4 	domestic bovine herds.
12.5 	$40,000 the first year and $40,000 the second 
12.6 	year are for a program to investigate the 
12.7 	avian pneumovirus disease and to identify 
12.8 	the infected flocks. This appropriation must 
12.9 	be matched on a dollar-for-dollar or in-kind 
12.10 	basis with nonstate sources and is in addition 
12.11 	to money currently designated for turkey 
12.12 	disease research. Costs of blood sample 
12.13 	collection, handling, and transportation, 
12.14 	in addition to costs associated with early 
12.15 	diagnosis tests and the expenses of vaccine 
12.16 	research trials, may be credited to the match.
12.17 	$400,000 the first year and $400,000 the 
12.18 	second year are for the purposes of cervidae 
12.19 	inspection as authorized in Minnesota 
12.20 	Statutes, section 35.155.

12.21
12.22	Sec. 5. AGRICULTURAL UTILIZATION 
RESEARCH INSTITUTE
 	$
	2,865,000
	$
	2,865,000

12.23 	Sec. 6. Minnesota Statutes 2008, section 3.737, subdivision 1, is amended to read:
12.24 		Subdivision 1.Compensation required. (a) Notwithstanding section 3.736, 
12.25 	subdivision 3, paragraph (e), or any other law, a livestock owner shall be compensated 
12.26 	by the commissioner of agriculture for livestock that is destroyed by a gray wolf or is so 
12.27 	crippled by a gray wolf that it must be destroyed. Except as provided in this section, the 
12.28 	owner is entitled to the fair market value of the destroyed livestock as determined by the 
12.29 	commissioner, upon recommendation of a university extension agent or a conservation 
12.30 	officer. In any fiscal year, a livestock owner may not be compensated for a destroyed 
12.31 	animal claim that is less than $100 in value and may be compensated up to $20,000, 
12.32 	as determined under this section. In any fiscal year, the commissioner may provide 
12.33 	compensation for claims filed under this section and section 3.7371 up to a total of 
12.34 	$100,000 for both programs combined the amount expressly appropriated for this purpose.
13.1 	(b) Either the agent or the conservation officer must make a personal inspection of 
13.2 	the site. The agent or the conservation officer must take into account factors in addition to 
13.3 	a visual identification of a carcass when making a recommendation to the commissioner. 
13.4 	The commissioner, upon recommendation of the agent or conservation officer, shall 
13.5 	determine whether the livestock was destroyed by a gray wolf and any deficiencies in the 
13.6 	owner's adoption of the best management practices developed in subdivision 5. The 
13.7 	commissioner may authorize payment of claims only if the agent or the conservation 
13.8 	officer has recommended payment. The owner shall file a claim on forms provided by the 
13.9 	commissioner and available at the university extension agent's office.

13.10 	Sec. 7. Minnesota Statutes 2008, section 3.7371, subdivision 3, is amended to read:
13.11 		Subd. 3.Compensation. The crop owner is entitled to the target price or the 
13.12 	market price, whichever is greater, of the damaged or destroyed crop plus adjustments 
13.13 	for yield loss determined according to agricultural stabilization and conservation service 
13.14 	programs for individual farms, adjusted annually, as determined by the commissioner, 
13.15 	upon recommendation of the county extension agent for the owner's county. The 
13.16 	commissioner, upon recommendation of the agent, shall determine whether the crop 
13.17 	damage or destruction is caused by elk and, if so, the amount of the crop that is damaged 
13.18 	or destroyed. In any fiscal year, a crop owner may not be compensated for a damaged or 
13.19 	destroyed crop that is less than $100 in value and may be compensated up to $20,000, 
13.20 	as determined under this section, if normal harvest procedures for the area are followed. 
13.21 	In any fiscal year, the commissioner may provide compensation for claims filed under 
13.22 	this section and section 3.737 up to a total of $100,000 for both programs combined the 
13.23 	amount expressly appropriated for this purpose.

13.24 	Sec. 8. Minnesota Statutes 2008, section 13.643, is amended by adding a subdivision 
13.25 	to read:
13.26 		Subd. 7.Research, monitoring, or assessment data. (a) Except as provided in 
13.27 	paragraph (b), the following data created, collected, and maintained by the Department of 
13.28 	Agriculture during research, monitoring, or the assessment of farm practices and related 
13.29 	to natural resources, the environment, agricultural facilities, or agricultural practices are 
13.30 	classified as private or nonpublic:
13.31 	(1) names, addresses, telephone numbers, and e-mail addresses of study participants 
13.32 	or cooperators; and
13.33 	(2) location of research, study site, and global positioning system data.
13.34 	(b) The following data is public:
14.1 	(1) location data and unique well numbers for wells and springs unless protected 
14.2 	under section 18B.10 or another statute or rule; and
14.3 	(2) data from samples collected from a public water supply as defined in Minnesota 
14.4 	Rules, part 4720.5100.
14.5 	(c) The Department of Agriculture may disclose data collected under paragraph (a) if 
14.6 	the Department of Agriculture determines that there is a substantive threat to human health 
14.7 	and safety or to the environment, or to aid in the law enforcement process. The Department 
14.8 	of Agriculture may also disclose data with written consent of the subject of the data.

14.9 	Sec. 9. Minnesota Statutes 2008, section 17.115, subdivision 2, is amended to read:
14.10 		Subd. 2.Loan criteria. (a) The shared savings loan program must provide loans for 
14.11 	purchase of new or used machinery and installation of equipment for projects that make 
14.12 	environmental improvements or and enhance farm profitability. Eligible loan uses do not 
14.13 	include seed, fertilizer, or fuel.
14.14 	(b) Loans may not exceed $25,000 $40,000 per individual applying for a loan and 
14.15 	may not exceed $100,000 for loans to four or more individuals on joint projects. The loan 
14.16 	repayment period may be up to seven years as determined by project cost and energy 
14.17 	savings. The interest rate on the loans must not exceed six percent. For loans made from 
14.18 	May 1, 2004, to June 30, 2007, the interest rate must not exceed three percent.
14.19 	(c) Loans may only be made to residents of this state engaged in farming.

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

14.21 	Sec. 10. [17.459] HORSES.
14.22 		Subdivision 1.Classification as livestock. Horses and other equines raised for the 
14.23 	purposes of riding, driving, farm or ranch work, competition, racing, recreation, sale, 
14.24 	or as breeding stock are livestock. Horses may be used for meat, hides, and animal 
14.25 	by-products. Horses and their products are livestock and farm products for purposes of 
14.26 	financial transactions and collateral.
14.27 		Subd. 2.Agricultural pursuit. Raising horses and other equines is agricultural 
14.28 	production and an agricultural pursuit. Horse breeding farms, horse training farms, horse 
14.29 	boarding farms, or farms combining those purposes, are an intensive agricultural use that 
14.30 	may be accomplished on limited acreage. These intensive agricultural uses are necessary 
14.31 	for horses in order to control the feeding, safety, and overall condition of the animals.
14.32 		Subd. 3.Nonapplicability for property tax laws. This section does not apply to 
14.33 	the treatment of land used for raising horses under chapter 273.

15.1 	Sec. 11. Minnesota Statutes 2008, section 18.75, is amended to read:
15.2 	18.75 PURPOSE.
15.3 	It is the policy of the legislature that residents of the state be protected from the 
15.4 	injurious effects of noxious weeds on public health, the environment, public roads, crops, 
15.5 	livestock, and other property. Sections 18.76 to 18.8818.91 contain procedures for 
15.6 	controlling and eradicating noxious weeds on all lands within the state.

15.7 	Sec. 12. Minnesota Statutes 2008, section 18.76, is amended to read:
15.8 	18.76 CITATION.
15.9 	Sections 18.76 to 18.8818.91 may be cited as the "Minnesota Noxious Weed Law."

15.10 	Sec. 13. Minnesota Statutes 2008, section 18.77, subdivision 1, is amended to read:
15.11 		Subdivision 1.Scope. The definitions in this section apply to sections 18.76 to 
15.12 	18.88 18.91.

15.13 	Sec. 14. Minnesota Statutes 2008, section 18.77, is amended by adding a subdivision 
15.14 	to read:
15.15 		Subd. 2a.Certified noxious weed free. "Certified noxious weed free" means that 
15.16 	the material being certified has been inspected, tested, or processed to devitalize or 
15.17 	remove the noxious weed propagating parts in order to verify that viable noxious weed 
15.18 	propagating parts are not present in the material.

15.19 	Sec. 15. Minnesota Statutes 2008, section 18.77, is amended by adding a subdivision 
15.20 	to read:
15.21 		Subd. 2b.Commissioner. "Commissioner" means the commissioner of agriculture.

15.22 	Sec. 16. Minnesota Statutes 2008, section 18.77, subdivision 3, is amended to read:
15.23 		Subd. 3.Control. "Control" means to destroy all or part of the aboveground growth 
15.24 	of noxious weeds by a lawful method that prevents the maturation and spread of noxious 
15.25 	weed propagating parts from one area to another.

15.26 	Sec. 17. Minnesota Statutes 2008, section 18.77, is amended by adding a subdivision 
15.27 	to read:
15.28 		Subd. 3a.County-designated employee. "County-designated employee" means a 
15.29 	person designated by a county board to oversee the responsibilities in section 18.81, 
15.30 	subdivision 1a.

16.1 	Sec. 18. Minnesota Statutes 2008, section 18.77, subdivision 5, is amended to read:
16.2 		Subd. 5.Growing crop. "Growing crop" means an agricultural, horticultural, 
16.3 	or forest crop that has been planted or regularly maintained and intended for harvest.
16.4 	"Growing crop" does not mean a permanent pasture, hay meadow, woodlot, or other 
16.5 	noncrop area which contains native or seeded perennial plants used for grazing or hay 
16.6 	purposes, and which is not harvested on a regular basis.

16.7 	Sec. 19. Minnesota Statutes 2008, section 18.77, is amended by adding a subdivision 
16.8 	to read:
16.9 		Subd. 5a.Inspector. "Inspector" means the commissioner, agent of the 
16.10 	commissioner, county agricultural inspector, local weed inspector, or assistant weed 
16.11 	inspector.

16.12 	Sec. 20. Minnesota Statutes 2008, section 18.77, is amended by adding a subdivision 
16.13 	to read:
16.14 		Subd. 8a.Noxious weed management plan. "Noxious weed management plan" 
16.15 	means controlling or eradicating noxious weeds in the manner designated in a management 
16.16 	plan developed for the area or site where the infestations are found using specific strategies 
16.17 	or methods that are to be used singly or in combination to achieve control or eradication.

16.18 	Sec. 21. Minnesota Statutes 2008, section 18.77, is amended by adding a subdivision 
16.19 	to read:
16.20 		Subd. 13.Weed management area. "Weed management area" means a designated 
16.21 	area where special or unique noxious weed control or eradication strategies or methods 
16.22 	are used according to a specific management plan developed for each management area 
16.23 	established.

16.24 	Sec. 22. Minnesota Statutes 2008, section 18.78, subdivision 1, is amended to read:
16.25 		Subdivision 1.Generally. A person owning land, a person occupying land, or a 
16.26 	person responsible for the maintenance of public land shall control or eradicate all noxious 
16.27 	weeds on the land at a time and in a manner ordered by the county agricultural inspector 
16.28 	or a local weedan inspector or county-designated employee.

16.29 	Sec. 23. Minnesota Statutes 2008, section 18.78, is amended by adding a subdivision 
16.30 	to read:
17.1 		Subd. 3.Cooperative weed control agreement. The commissioner, municipality, 
17.2 	or county agricultural inspector or county-designated employee may enter into a 
17.3 	cooperative weed control agreement with a landowner or weed management area 
17.4 	group to establish a mutually agreed upon noxious weed management plan for up to 
17.5 	three years duration, whereby a noxious weed problem will be controlled without 
17.6 	additional enforcement action. If a property owner fails to comply with the noxious weed 
17.7 	management plan, an individual notice may be served.

17.8 	Sec. 24. Minnesota Statutes 2008, section 18.79, is amended to read:
17.9 	18.79 DUTIES OF COMMISSIONER.
17.10 		Subdivision 1.Enforcement. The commissioner of agriculture shall administer 
17.11 	and enforce sections 18.76 to 18.88 18.91.
17.12 		Subd. 2.Authorized agents. County agricultural inspectors may administer and 
17.13 	enforce sections 18.76 to 18.88 18.91. A county-designated employee may enforce 
17.14 	sections 18.78, 18.82, 18.83, 18.84, 18.86, and 18.87. A county must make the identity of 
17.15 	a county-designated employee described by this subdivision available to the public.
17.16 		Subd. 3.Entry upon land. To administer and enforce sections 18.76 to 18.88 18.91, 
17.17 	county agricultural inspectors and local weed inspectorsan inspector or county-designated 
17.18 	employee may enter upon land without consent of the owner and without being subject 
17.19 	to an action for trespass or any damages.
17.20 	The inspector or county-designated employee or the individual under contract under 
17.21 	section 18.83, subdivision 6, must wear distinctive and uniform clothing when entering 
17.22 	a person's land. The clothing must be approved by the commissioner and must include 
17.23 	a highly visible patch or markings on the front and back of the shirt and jacket, if any, 
17.24 	that includes an acronym identifying the inspector or county-designated employee or the 
17.25 	individual under contract as working for the weed inspection and mitigation program.
17.26 		Subd. 4.Rules. The commissioner may adopt necessary rules under chapter 14 for 
17.27 	the proper enforcement of sections 18.76 to 18.88 18.91.
17.28 		Subd. 5.Order for control or eradication of noxious weeds. A county agricultural 
17.29 	inspector or a local weedAn inspector or county-designated employee may order 
17.30 	the control or eradication of noxious weeds on any land within the state inspector's 
17.31 	or county-designated employee's jurisdiction. A county must make the identity of a 
17.32 	county-designated employee described by this subdivision available to the public.
17.33 		Subd. 6.Initial Training for control or eradication of noxious weeds. The 
17.34 	commissioner shall conduct initial training considered necessary for weed inspectors 
17.35 	and county-designated employees in the enforcement of the Minnesota Noxious Weed 
18.1 	Law. The director of the Minnesota Extension Service may conduct educational programs 
18.2 	for the general public that will aid compliance with the Minnesota Noxious Weed Law. 
18.3 	Upon request, the commissioner may provide information and other technical assistance 
18.4 	to the county weed inspector or county-designated employee to aid in the performance of 
18.5 	responsibilities specified by the county board under section 18.81, subdivision 1.
18.6 		Subd. 7.Meetings and reports. The commissioner shall designate by rule the
18.7 	reports that are required to be made and the meetings that must be attended by weed
18.8 	inspectors.
18.9 		Subd. 8.Prescribed forms. The commissioner shall prescribe the forms to be used 
18.10 	by weed inspectors and county-designated employees in the enforcement of sections 
18.11 	18.76 to 18.88 18.91.
18.12 		Subd. 9.Injunction. If the county agricultural inspector or county-designated 
18.13 	employee applies to a court for a temporary or permanent injunction restraining a person 
18.14 	from violating or continuing to violate sections 18.76 to 18.88 18.91, the injunction may 
18.15 	be issued without requiring a bond.
18.16 		Subd. 10.Prosecution. On finding that a person has violated sections 18.76 to 
18.17 	18.88 18.91, the county agricultural inspector or county-designated employee may start 
18.18 	court proceedings in the locality in which the violation occurred. The county attorney 
18.19 	may prosecute actions under sections 18.76 to 18.88 18.91 within the county attorney's 
18.20 	jurisdiction.
18.21 		Subd. 12.Noxious-weed-free forage and mulch certification agency. The official 
18.22 	certification agency for noxious-weed-free forage and, mulch shall, soil, gravel, and other 
18.23 	material must be determined by the commissioner of agriculture in consultation with the 
18.24 	director of the Minnesota agricultural experiment station. The commissioner may also 
18.25 	certify forage, mulch, soil, gravel, or other material as noxious weed free.
18.26 		Subd. 13.Noxious weed designation. The commissioner, in consultation with the 
18.27 	Noxious Weed Advisory Committee, shall determine which plants are noxious weeds 
18.28 	subject to control under sections 18.76 to 18.91. The commissioner shall prepare, publish, 
18.29 	and revise as necessary, but at least once every three years, a list of noxious weeds 
18.30 	and their designated classification. The list must be distributed to the public by the 
18.31 	commissioner who may request the help of the University of Minnesota Extension, the 
18.32 	county agricultural inspectors, and any other organization the commissioner considers 
18.33 	appropriate to assist in the distribution. The commissioner may, in consultation with 
18.34 	the Noxious Weed Advisory Committee, accept and consider noxious weed designation 
18.35 	petitions from Minnesota citizens or Minnesota organizations or associations.
19.1 		Subd. 14.County petition. A county may petition the commissioner to designate 
19.2 	specific noxious weeds which are a control problem in the county.
19.3 		Subd. 15.Noxious weed management. The commissioner, in consultation with the 
19.4 	Noxious Weed Advisory Committee, shall develop management strategies and criteria 
19.5 	for each noxious weed category.
19.6 		Subd. 16.Gifts; grants; contracts; funds. The commissioner, counties, and 
19.7 	municipalities may apply for and accept any gift, grant, contract, or other funds or 
19.8 	grants-in-aid from the federal government or other public and private sources for noxious 
19.9 	weed control purposes.
19.10 		Subd. 17.Noxious weed investigation. The commissioner shall investigate the 
19.11 	subject of noxious weeds and conduct investigations outside this state to protect the 
19.12 	interest of the agricultural industry, forests, or the environment of this state from noxious 
19.13 	weeds not generally growing in Minnesota.
19.14 		Subd. 18.Noxious weed education. The commissioner shall disseminate 
19.15 	information and conduct educational campaigns with respect to control of noxious weeds 
19.16 	or invasive plants to enhance regulatory compliance and voluntary efforts to eliminate or 
19.17 	manage these plants. The commissioner shall call and attend meetings and conferences 
19.18 	dealing with the subject of noxious weeds. The commissioner shall maintain on the 
19.19 	department's Web site weed management information including but not limited to the roles 
19.20 	and responsibilities of citizens and government entities under sections 18.76 to 18.91 and 
19.21 	specific guidance as to whom a person should contact to report a noxious weed issue.
19.22 		Subd. 19.State and federal lands. The commissioner shall inform and direct state 
19.23 	and federal agencies regarding their responsibility to manage and control noxious weeds 
19.24 	on land that those agencies own, control, or manage.
19.25 		Subd. 20.Interagency cooperation. The commissioner shall cooperate with 
19.26 	agencies of federal, state, and local governments and other persons in carrying out duties 
19.27 	under sections 18.76 to 18.91.
19.28 		Subd. 21.Weed management area. The commissioner, in consultation with the 
19.29 	Noxious Weed Advisory Committee, may establish a weed management area to include a 
19.30 	part of one or more counties or all of one or more counties of this state and shall include all 
19.31 	the land within the boundaries of the area established. Weed management plans developed 
19.32 	for a weed management area must be reviewed and approved by the commissioner and 
19.33 	the Noxious Weed Advisory Committee. Weed management areas may seek funding 
19.34 	under section 18.90.

19.35 	Sec. 25. Minnesota Statutes 2008, section 18.80, subdivision 1, is amended to read:
20.1 		Subdivision 1.County agricultural inspectors; and county-designated 
20.2 	employees. The county board shall either appoint at least one or more county agricultural 
20.3 	inspectors that meet the qualifications prescribed by rule. The appointment must be for 
20.4 	a period of time which is sufficient to accomplish the duties assigned to this position
20.5 	inspector to carry out the duties specified under section 18.81, subdivisions 1a and 1b, 
20.6 	or a county-designated employee to carry out the duties specified under section 18.81, 
20.7 	subdivision 1a. A notice of the appointment of either a county agricultural inspector or 
20.8 	county-designated employee must be delivered to the commissioner within ten 30 days of 
20.9 	the appointment and it must establish the initial number of hours to be worked annually.

20.10 	Sec. 26. Minnesota Statutes 2008, section 18.81, is amended by adding a subdivision 
20.11 	to read:
20.12 		Subd. 1a.Duties; county agricultural inspectors and county-designated 
20.13 	employees. The county agricultural inspector or county-designated employee shall be 
20.14 	responsible for:
20.15 	(1) the enforcement provisions under sections 18.78, 18.82, 18.83, 18.84, 18.86 
20.16 	and 18.87; and
20.17 	(2) providing a point of contact within the county for noxious weed issues.

20.18 	Sec. 27. Minnesota Statutes 2008, section 18.81, is amended by adding a subdivision 
20.19 	to read:
20.20 		Subd. 1b.County agricultural inspectors. In addition to the mandatory duties 
20.21 	specified in subdivision 1a, the county board must specify the responsibilities of the 
20.22 	county agricultural inspector in the annual work plan. The responsibilities may include:
20.23 	(1) to see that sections 18.76 to 18.91 and rules adopted under those sections are 
20.24 	carried out within the inspector's jurisdiction;
20.25 	(2) to see that sections 21.80 to 21.92 and rules adopted under those sections are 
20.26 	carried out within the inspector's jurisdiction;
20.27 	(3) to see that sections 21.71 to 21.78 and rules adopted under those sections are 
20.28 	carried out within the inspector's jurisdiction;
20.29 	(4) to participate in the control programs for invasive plant species, feed, fertilizer, 
20.30 	pesticide, and plant and insect pests when requested, in writing, to do so by the 
20.31 	commissioner;
20.32 	(5) to participate in other agricultural programs under the control of the 
20.33 	commissioner when requested, in writing, by the commissioner to do so;
21.1 	(6) to administer the distribution of funds allocated by the county board to the county 
21.2 	agricultural inspector for noxious weed control and eradication within the county;
21.3 	(7) to submit reports and attend meetings that the commissioner requires;
21.4 	(8) to publish a general weed notice of the legal duty to control noxious weeds in 
21.5 	one or more legal newspapers of general circulation throughout the county; and
21.6 	(9) to be the primary contact in the county for all plant biological control agents.

21.7 	Sec. 28. Minnesota Statutes 2008, section 18.81, subdivision 3, is amended to read:
21.8 		Subd. 3.Nonperformance by inspectors; reimbursement for expenses. If local 
21.9 	weed inspectors neglect or fail to do their duty as prescribed in this section, the county 
21.10 	agricultural inspector shall or county-designated employee, in consultation with the 
21.11 	commissioner, may issue a notice to the inspector providing instructions on how and 
21.12 	when to do their duty. If, after the time allowed in the notice, the local weed inspector 
21.13 	has not complied as directed, the county agricultural inspector or county-designated 
21.14 	employee may consult with the commissioner to perform the duty for the local weed 
21.15 	inspector. A claim for the expense of doing the local weed inspector's duty is a legal 
21.16 	charge against the municipality in which the inspector has jurisdiction. The county 
21.17 	agricultural inspector doing or county-designated employee overseeing the work may file 
21.18 	an itemized statement of costs with the clerk of the municipality in which the work was 
21.19 	performed. The municipality shall immediately issue proper warrants to the county for 
21.20 	the work performed. If the municipality fails to issue the warrants, the county auditor 
21.21 	may include the amount contained in the itemized statement of costs as part of the next 
21.22 	annual tax levy in the municipality and withhold that amount from the municipality in 
21.23 	making its next apportionment.

21.24 	Sec. 29. Minnesota Statutes 2008, section 18.82, subdivision 1, is amended to read:
21.25 		Subdivision 1.Permits. Except as provided in section 21.74, if a person wants to 
21.26 	transport along a public highway materials or equipment containing the propagating 
21.27 	parts of weeds designated as noxious by the commissioner, the person must secure 
21.28 	a written permit for transportation of the material or equipment from a local weed 
21.29 	inspector or county agriculturalan inspector or county-designated employee. Inspectors 
21.30 	or county-designated employees may issue permits to persons residing or operating within 
21.31 	their jurisdiction. If the noxious weed propagating parts are removed from materials and 
21.32 	equipment or devitalized before being transported, a permit is not needed.

21.33 	Sec. 30. Minnesota Statutes 2008, section 18.82, subdivision 3, is amended to read:
22.1 		Subd. 3.Duration of permit; revocation. A permit under subdivision 1 is valid for 
22.2 	up to one year after the date it is issued unless otherwise specified by the weed inspector 
22.3 	or county-designated employee issuing the permit. The permit may be revoked if a 
22.4 	county agricultural inspector or local weedan inspector or county-designated employee
22.5 	determines that the applicant has not complied with this section.

22.6 	Sec. 31. Minnesota Statutes 2008, section 18.83, is amended to read:
22.7 	18.83 CONTROL; ERADICATION; NOTICES; EXPENSES.
22.8 		Subdivision 1.General weed notice. A general notice for noxious weed control 
22.9 	or eradication must be published on or before May 15 of each year and at other 
22.10 	times the commissioner directs. Failure of the county agricultural weed inspector or 
22.11 	county-designated employee to publish the general notice does not relieve a person from 
22.12 	the necessity of full compliance with sections 18.76 to 18.8818.91 and related rules. The 
22.13 	published notice is legal and sufficient notice when an individual notice cannot be served.
22.14 		Subd. 2.Individual notice. A weedAn inspector may find it necessary to secure 
22.15 	more prompt or definite control or eradication of noxious weeds than is accomplished by 
22.16 	the published general notice. In these special or individual instances, involving one or 
22.17 	a limited number of persons, the weed inspector or county-designated employee having 
22.18 	jurisdiction shall serve individual notices in writing upon the person who owns the land 
22.19 	and the person who occupies the land, or the person responsible for or charged with the 
22.20 	maintenance of public land, giving specific instructions on when and how named noxious 
22.21 	weeds are to be controlled or eradicated. Individual notices provided for in this section 
22.22 	must be served in the same manner as a summons in a civil action in the district court or 
22.23 	by certified mail. Service on a person living temporarily or permanently outside of the 
22.24 	weed inspector's or county-designated employee's jurisdiction may be made by sending 
22.25 	the notice by certified mail to the last known address of the person, to be ascertained, if 
22.26 	necessary, from the last tax list in the county treasurer's office.
22.27 		Subd. 3.Appeal of individual notice; appeal committee. (1) A recipient of an 
22.28 	individual notice may appeal, in writing, the order for control or eradication of noxious 
22.29 	weeds. This appeal must be filed with a member of the appeal committee in the county 
22.30 	where the land is located within two working days of the time the notice is received. The 
22.31 	committee must inspect the land specified in the notice and report back to the recipient and 
22.32 	the inspector or county-designated employee who issued the notice within five working 
22.33 	days, either agreeing, disagreeing, or revising the order. The decision may be appealed 
22.34 	in district court. If the committee agrees or revises the order, the control or eradication 
22.35 	specified in the order, as approved or revised by the committee, may be carried out.
23.1 	(2) The county board of commissioners shall appoint members of the appeal 
23.2 	committee. The membership must include a county commissioner or municipal official 
23.3 	and a landowner residing in the county. The expenses of the members may be reimbursed 
23.4 	by the county upon submission of an itemized statement to the county auditor. At its 
23.5 	option, the county board of commissioners, by resolution, may delegate the duties of the 
23.6 	appeal committee to its board of adjustment established pursuant to section 394.27. When 
23.7 	carrying out the duties of the appeal committee, the zoning board of adjustment shall 
23.8 	comply with all of the procedural requirements of this section.
23.9 		Subd. 4.Control or eradication by inspector or county-designated employee. If 
23.10 	a person does not comply with an individual notice served on the person or an individual 
23.11 	notice cannot be served, the weed inspector or county-designated employee having 
23.12 	jurisdiction shall have the noxious weeds controlled or eradicated within the time and in 
23.13 	the manner the weed inspector or county-designated employee designates.
23.14 		Subd. 5.Control or eradication by inspector or county-designated employee
23.15 	in growing crop. A weedAn inspector or county-designated employee may consider it 
23.16 	necessary to control or eradicate noxious weeds along with all or a part of a growing 
23.17 	crop to prevent the maturation and spread of noxious weeds within the inspector's or 
23.18 	county-designated employee's jurisdiction. If this situation exists, the weed inspector
23.19 	or county-designated employee may have the noxious weeds controlled or eradicated 
23.20 	together with the crop after the appeal committee has reviewed the matter as outlined in 
23.21 	subdivision 3 and reported back agreement with the order.
23.22 		Subd. 6.Authorization for person hired to enter upon land. The weed inspector 
23.23 	or county-designated employee may hire a person to control or eradicate noxious weeds if 
23.24 	the person who owns the land, the person who occupies the land, or the person responsible 
23.25 	for the maintenance of public land has failed to comply with an individual notice or with 
23.26 	the published general notice when an individual notice cannot be served. The person 
23.27 	hired must have authorization, in writing, from the weed inspector or county-designated 
23.28 	employee to enter upon the land.
23.29 		Subd. 7.Expenses; reimbursements. A claim for the expense of controlling or 
23.30 	eradicating noxious weeds, which may include the costs of serving notices, is a legal 
23.31 	charge against the county in which the land is located. The officers having the work done 
23.32 	must file with the county auditor a verified and itemized statement of cost for all services 
23.33 	rendered on each separate tract or lot of land. The county auditor shall immediately issue 
23.34 	proper warrants to the persons named on the statement as having rendered services. To 
23.35 	reimburse the county for its expenditure in this regard, the county auditor shall certify 
23.36 	the total amount due and, unless an appeal is made in accordance with section 18.84, 
24.1 	enter it on the tax roll as a tax upon the land and it must be collected as other real estate 
24.2 	taxes are collected.
24.3 	If public land is involved, the amount due must be paid from funds provided for 
24.4 	maintenance of the land or from the general revenue or operating fund of the agency 
24.5 	responsible for the land. Each claim for control or eradication of noxious weeds on public 
24.6 	lands must first be approved by the commissioner of agriculture.

24.7 	Sec. 32. Minnesota Statutes 2008, section 18.84, subdivision 1, is amended to read:
24.8 		Subdivision 1.Counties and municipalities. Counties and municipalities are 
24.9 	not liable for damages from the noxious weed control program for actions conducted in 
24.10 	accordance with sections 18.76 to 18.88 18.91.

24.11 	Sec. 33. Minnesota Statutes 2008, section 18.84, subdivision 2, is amended to read:
24.12 		Subd. 2.Appeal of charges to county board. A person who is ordered to control 
24.13 	noxious weeds under sections 18.76 to 18.8818.91 and is charged for noxious weed 
24.14 	control may appeal the cost of noxious weed control to the county board of the county 
24.15 	where the noxious weed control measures were undertaken within 30 days after being 
24.16 	charged. The county board shall determine the amount and approve the charge and filing 
24.17 	of a lien against the property if it determines that the owner, or occupant if other than the 
24.18 	owner, responsible for controlling noxious weeds did not comply with the order of the 
24.19 	inspector or county-designated employee.

24.20 	Sec. 34. Minnesota Statutes 2008, section 18.84, subdivision 3, is amended to read:
24.21 		Subd. 3.Court Appeal of costs to district court; petition. (a) A landowner who 
24.22 	has appealedperson who is ordered to control noxious weeds under sections 18.76 to 18.91 
24.23 	and is charged for the cost of noxious weed control measures under subdivision 2 may 
24.24 	petition for judicial review of the charges. The petition must be filed within 30 days after 
24.25 	the conclusion of the hearing before the county board being charged. The petition must be 
24.26 	filed with the court administrator in the county in which the land where the noxious weed 
24.27 	control measures were undertaken is located, together with proof of service of a copy of 
24.28 	the petition on the county auditor. No responsive pleadings may be required of the county, 
24.29 	and no court fees may be charged for the appearance of the county in this matter.
24.30 	(b) The petition must be captioned in the name of the person making the petition as 
24.31 	petitioner and respective county as respondents. The petition must include the petitioner's 
24.32 	name, the legal description of the land involved, a copy of the notice to control noxious 
24.33 	weeds, and the date or dates on which appealed control measures were undertaken.
25.1 	(c) The petition must state with specificity the grounds upon which the petitioner 
25.2 	seeks to avoid the imposition of a lien for the cost of noxious weed control measures.

25.3 	Sec. 35. Minnesota Statutes 2008, section 18.86, is amended to read:
25.4 	18.86 UNLAWFUL ACTS.
25.5 	No person may:
25.6 	(1) hinder or obstruct in any way the county agricultural inspectors or local weed 
25.7 	inspectorsan inspector or county-designated employee in the performance of their duties 
25.8 	as provided inunder sections 18.76 to 18.8818.91 or related rules;
25.9 	(2) neglect, fail, or refuse to comply with section 18.82 or related rules in the 
25.10 	transportation and use of material or equipment infested with noxious weed propagating 
25.11 	parts;
25.12 	(3) sell material containing noxious weed propagating parts to a person who does 
25.13 	not have a permit to transport that material or to a person who does not have a screenings 
25.14 	permit issued in accordance with section 21.74; or
25.15 	(4) neglect, fail, or refuse to comply with a general notice or an individual notice to 
25.16 	control or eradicate noxious weeds.

25.17 	Sec. 36. Minnesota Statutes 2008, section 18.87, is amended to read:
25.18 	18.87 PENALTY.
25.19 	A violation of section 18.86 or a rule adopted under that section is a misdemeanor. 
25.20 	County agricultural inspectors, local weed Inspectors, or county-designated employees, or 
25.21 	their appointed assistants are not subject to the penalties of this section for failure, neglect, 
25.22 	or refusal to perform duties imposed on them by sections 18.76 to 18.88 18.91.

25.23 	Sec. 37. Minnesota Statutes 2008, section 18.88, is amended to read:
25.24 	18.88 NOXIOUS WEED PROGRAM FUNDING.
25.25 		Subdivision 1.County. The county board shall pay, from the general revenue or 
25.26 	other fund for the county, the expenses for the county agricultural inspector position or 
25.27 	county-designated employee, for noxious weed control or eradication on all land owned 
25.28 	by the county or on land thatfor which the county is responsible for theits maintenance 
25.29 	of,and for the expenses of the appeal committee, and for necessary expenses as required 
25.30 	for quarantines within the county. Use of funding from grants and other sources for the 
25.31 	administration and enforcement of the Minnesota Noxious Weed Law must be approved 
25.32 	by the county board.
26.1 		Subd. 2.Municipality. The municipality shall pay, from the general revenue or 
26.2 	other fund for the municipality, the necessary expenses of the local weed inspector in the 
26.3 	performance of duties required for quarantines within the municipality, and for noxious 
26.4 	weed control or eradication on land owned by the municipality or on land for which the 
26.5 	municipality is responsible for its maintenance. Use of funding from grants and other 
26.6 	sources for the administration and enforcement of the Minnesota Noxious Weed Law must 
26.7 	be approved by the town board or city mayor.
26.8 		Subd. 3.Funding. Funding in the form of grants or cost sharing may be provided to 
26.9 	the counties for the performance of their activities under section 18.81, subdivision 1.

26.10 	Sec. 38. [18.89] NOXIOUS WEED AND INVASIVE PLANT SPECIES 
26.11 	ASSISTANCE FUND.
26.12 	The noxious weed and invasive plant species assistance fund is created in the state 
26.13 	treasury. The fund may be used to carry out the purposes of section 18.90. Any money 
26.14 	appropriated to the fund and any money received by the fund as gifts or grants or other 
26.15 	private or public funds obtained for the purposes in section 18.91 must be credited to the 
26.16 	fund. The money in the account is continuously appropriated to the commissioner to 
26.17 	implement section 18.90.

26.18 	Sec. 39. [18.90] GRANT PROGRAM.
26.19 	(a) From funds available in the noxious weed and invasive plant species assistance 
26.20 	fund established in section 18.89, the commissioner shall administer a grant program 
26.21 	to assist counties and municipalities and other weed management entities in the cost 
26.22 	of implementing and maintaining noxious weed control programs and in addressing 
26.23 	special weed control problems. The commissioner shall receive applications by counties, 
26.24 	municipalities, weed management areas, and weed management entities for assistance 
26.25 	under this section and, in consultation with the Noxious Weed Advisory Committee, 
26.26 	award grants for any of the following eligible purposes:
26.27 	(1) to conduct applied research to solve locally significant weed management 
26.28 	problems;
26.29 	(2) to demonstrate innovative control methods or land management practices which 
26.30 	have the potential to reduce landowner costs to control noxious weeds or improve the 
26.31 	effectiveness of noxious weed control;
26.32 	(3) to encourage the ongoing support of weed management areas;
26.33 	(4) to respond to introductions or infestations of invasive plants that threaten or 
26.34 	potentially threaten the productivity of cropland and rangeland over a wide area;
27.1 	(5) to respond to introductions or infestations of invasive plant species that threaten 
27.2 	or potentially threaten the productivity of biodiversity of wildlife and fishery habitats on 
27.3 	public and private lands;
27.4 	(6) to respond to special weed control problems involving weeds not included in the 
27.5 	list of noxious weeds published and distributed by the commissioner;
27.6 	(7) to conduct monitoring or surveillance activities to detect, map, or determine 
27.7 	the distribution of invasive plant species and to determine susceptible locations for the 
27.8 	introduction or spread of invasive plant species; and
27.9 	(8) to conduct educational activities.
27.10 	(b) The commissioner shall select and prioritize applications for assistance under 
27.11 	this section based on the following considerations:
27.12 	(1) the seriousness of the noxious weed or invasive plant problem or potential 
27.13 	problem addressed by the project;
27.14 	(2) the ability of the project to provide timely intervention to save current and future 
27.15 	costs of control and eradication;
27.16 	(3) the likelihood that the project will prevent or resolve the problem or increase 
27.17 	knowledge about resolving similar problems in the future;
27.18 	(4) the extent to which the project will leverage federal funds and other nonstate 
27.19 	funds;
27.20 	(5) the extent to which the applicant has made progress in addressing noxious weed 
27.21 	or invasive plant problems;
27.22 	(6) the extent to which the project will provide a comprehensive approach to the 
27.23 	control or eradication of noxious weeds;
27.24 	(7) the extent to which the project will reduce the total population or area of 
27.25 	infestation of a noxious weed;
27.26 	(8) the extent to which the project uses the principles of integrated vegetation 
27.27 	management and sound science; and
27.28 	(9) other factors that the commissioner determines to be relevant.
27.29 	(c) Nothing in this section may be construed to relieve a person of the duty or 
27.30 	responsibility to control the spread of noxious weeds on lands owned and controlled 
27.31 	by the person.

27.32 	Sec. 40. [18.91] ADVISORY COMMITTEE; MEMBERSHIP.
27.33 		Subdivision 1.Duties. The commissioner shall consult with the Noxious Weed 
27.34 	Advisory Committee to advise the commissioner concerning responsibilities under 
27.35 	the noxious weed control program. The committee shall also evaluate species for 
28.1 	invasiveness, difficulty of control, cost of control, benefits, and amount of injury caused 
28.2 	by them. For each species evaluated, the committee shall recommend to the commissioner 
28.3 	on which noxious weed list or lists, if any, the species should be placed. Species currently 
28.4 	designated as prohibited or restricted noxious weeds must be reevaluated every three years 
28.5 	for a recommendation on whether or not they need to remain on the noxious weed lists. 
28.6 	Members of the committee are not entitled to reimbursement of expenses nor payment 
28.7 	of per diem. Members shall serve two-year terms with subsequent reappointment by 
28.8 	the commissioner.
28.9 		Subd. 2.Membership. The commissioner shall appoint members, which shall 
28.10 	include representatives from the following:
28.11 	(1) horticultural science, agronomy, and forestry at the University of Minnesota;
28.12 	(2) the nursery and landscape industry in Minnesota;
28.13 	(3) the seed industry in Minnesota;
28.14 	(4) the Department of Agriculture;
28.15 	(5) the Department of Natural Resources;
28.16 	(6) a conservation organization;
28.17 	(7) an environmental organization;
28.18 	(8) at least two farm organizations;
28.19 	(9) the county agricultural inspectors;
28.20 	(10) city, township, and county governments;
28.21 	(11) the Department of Transportation;
28.22 	(12) the University of Minnesota Extension;
28.23 	(13) the timber and forestry industry in Minnesota;
28.24 	(14) the Board of Water and Soil Resources; and
28.25 	(15) soil and water conservation districts.
28.26 		Subd. 3.Additional duties. The committee shall conduct evaluations of terrestrial 
28.27 	plant species to recommend if they need to be designated as noxious weeds and into which 
28.28 	noxious weed classification they should be designated, advise the commissioner on the 
28.29 	implementation of the Minnesota Noxious Weed Law, and assist the commissioner in the 
28.30 	development of management criteria for each noxious weed category.
28.31 		Subd. 4.Organization. The committee shall select a chair from its membership. 
28.32 	Meetings of the committee may be called by or at the direction of the commissioner or 
28.33 	upon direction of the chair.
28.34 		Subd. 5.Expiration. Notwithstanding section 15.059, subdivision 5, the committee 
28.35 	expires June 30, 2013.

29.1 	Sec. 41. Minnesota Statutes 2008, section 18B.01, is amended by adding a subdivision 
29.2 	to read:
29.3 		Subd. 1a.Agricultural pesticide. "Agricultural pesticide" means a pesticide that 
29.4 	bears labeling that meets federal worker protection agricultural use requirements as 
29.5 	provided by Code of Federal Regulations, title 40, parts 156 and 170 (2008).

29.6 	Sec. 42. Minnesota Statutes 2008, section 18B.01, is amended by adding a subdivision 
29.7 	to read:
29.8 		Subd. 1b.Agricultural pesticide dealer. "Agricultural pesticide dealer" means a 
29.9 	person who distributes an agricultural pesticide in the state or into the state to an end user. 
29.10 	This action would commonly be described as a retail sale.

29.11 	Sec. 43. Minnesota Statutes 2008, section 18B.01, subdivision 8, is amended to read:
29.12 		Subd. 8.Distribute. "Distribute" means offer for sale, sell, barter, ship, deliver for 
29.13 	shipment, receive and deliver, and offer to deliver pesticides in this state or into this state.

29.14 	Sec. 44. Minnesota Statutes 2008, section 18B.01, is amended by adding a subdivision 
29.15 	to read:
29.16 		Subd. 14b.Nonagricultural pesticide. "Nonagricultural pesticide" means a 
29.17 	pesticide that does not bear labeling that meets federal worker protection agricultural use 
29.18 	requirements as provided by Code of Federal Regulation, title 40, parts 156 and 170 
29.19 	(2008).

29.20 	Sec. 45. Minnesota Statutes 2008, section 18B.065, subdivision 1, is amended to read:
29.21 		Subdivision 1. Collection and disposal. The commissioner of agriculture shall 
29.22 	establish and operate a program to collect and dispose of waste pesticides. The program 
29.23 	must be made available to agricultural and residential nonagricultural pesticide end users 
29.24 	whose waste generating activity occurs in this state. Waste pesticide generated in another 
29.25 	state is not eligible for collection under this section.

29.26 	Sec. 46. Minnesota Statutes 2008, section 18B.065, subdivision 2, is amended to read:
29.27 		Subd. 2. Implementation. (a) The commissioner may obtain a United States 
29.28 	Environmental Protection Agency hazardous waste identification number to manage the 
29.29 	waste pesticides collected. 
30.1 	(b) The commissioner may not limit the type and quantity of waste pesticides 
30.2 	accepted for collection and may not assess pesticide end users for portions of the costs 
30.3 	incurred. 

30.4 	Sec. 47. Minnesota Statutes 2008, section 18B.065, subdivision 2a, is amended to read:
30.5 		Subd. 2a. Disposal site requirement. (a) For agricultural waste pesticides, the 
30.6 	commissioner must designate a place in each county of the state that is available at least 
30.7 	every other year for persons to dispose of unused portions of agricultural pesticides. The 
30.8 	commissioner shall consult with the person responsible for solid waste management 
30.9 	and disposal in each county to determine an appropriate location and to advertise each 
30.10 	collection event. The commissioner may provide a collection opportunity in a county 
30.11 	more frequently if the commissioner determines that a collection is warranted.
30.12 	(b) For residential nonagricultural waste pesticides, the commissioner must provide 
30.13 	periodic a disposal opportunities opportunity each year in each county. 
30.14 	(c) As provided under subdivision 7, the commissioner may enter into cooperative 
30.15 	agreements with county or regional solid waste management entities local units of 
30.16 	government to provide these the collections required under paragraph (a) or (b) and shall 
30.17 	provide these entitiesa local unit of government, as part of the cooperative agreement, 
30.18 	with funding for reasonable costs incurred including, but not limited to, related supplies, 
30.19 	transportation, advertising, and disposal costs as well as reasonable overhead costs. 
30.20 	(c) (d) A person who collects waste pesticide under paragraph (a) or (b)this 
30.21 	section shall, on a form provided or in a method approved by the commissioner, record 
30.22 	information on each waste pesticide product collected including, but not limited to, the 
30.23 	quantity collected and either the product name, and its active ingredient or ingredients, 
30.24 	quantity, andor the United States Environmental Protection Agency registration number, 
30.25 	on a form provided by the commissioner. The person must submit this information to the 
30.26 	commissioner at least annually by January 30. 

30.27 	Sec. 48. Minnesota Statutes 2008, section 18B.065, subdivision 3, is amended to read:
30.28 		Subd. 3.Information and; education; report. (a) The commissioner shall 
30.29 	provide informational and educational materials regarding waste pesticides and the proper 
30.30 	management of waste pesticides to the public.
30.31 	(b) No later than March 15 each year, the commissioner must report the following to 
30.32 	the legislative committees with jurisdiction over agriculture finance:
30.33 	(1) each instance of a refusal to collect waste pesticide or the assessment of a fee to a 
30.34 	pesticide end user as authorized in subdivision 2, paragraph (b); and
31.1 	(2) waste pesticide collection information including a discussion of the type and 
31.2 	quantity of waste pesticide collected by the commissioner and any entity collecting waste 
31.3 	pesticide under subdivision 7 during the previous calendar year, a summary of waste 
31.4 	pesticide collection trends, and any corresponding program recommendations.

31.5 	Sec. 49. Minnesota Statutes 2008, section 18B.065, subdivision 7, is amended to read:
31.6 		Subd. 7. Cooperative agreements. (a) The commissioner may enter into 
31.7 	cooperative agreements with state agencies and local units of government for 
31.8 	administration of the waste pesticide collection program. The commissioner shall ensure 
31.9 	that the program is carried out in all counties. If the commissioner cannot contract with 
31.10 	another party to administer the program in a county, the commissioner shall perform 
31.11 	collections according to the provisions of this section. 
31.12 	(b) The commissioner, according to the terms of a cooperative agreement between 
31.13 	the commissioner and a local unit of government, may establish limits for unusual types 
31.14 	or excessive quantities of waste pesticide offered by pesticide end users to the local unit 
31.15 	of government.

31.16 	Sec. 50. Minnesota Statutes 2008, section 18B.065, is amended by adding a 
31.17 	subdivision to read:
31.18 		Subd. 8.Waste pesticide program surcharge. The commissioner shall annually 
31.19 	collect a waste pesticide program surcharge of $50 on each pesticide product registered 
31.20 	in the state as part of a pesticide product registration application under section 18B.26, 
31.21 	subdivision 3.

31.22 	Sec. 51. Minnesota Statutes 2008, section 18B.065, is amended by adding a 
31.23 	subdivision to read:
31.24 		Subd. 9.Waste pesticide cooperative agreement account. (a) A waste pesticide 
31.25 	cooperative agreement account is created in the agricultural fund. Notwithstanding section 
31.26 	18B.05, the proceeds of surcharges imposed under subdivision 8 must be deposited in the 
31.27 	agricultural fund and credited to the waste pesticide cooperative agreement account.
31.28 	(b) Money in the waste pesticide cooperative agreement account, including interest, 
31.29 	is appropriated to the commissioner and may only be used for costs incurred under a 
31.30 	cooperative agreement pursuant to this section.
31.31 	(c) Notwithstanding paragraph (b), if the amount available in the waste pesticide 
31.32 	cooperative agreement account in any fiscal year exceeds the amount obligated to local 
32.1 	units of government under subdivision 7, the excess is appropriated to the commissioner 
32.2 	to perform waste pesticide collections under this section.

32.3 	Sec. 52. Minnesota Statutes 2008, section 18B.26, subdivision 1, is amended to read:
32.4 		Subdivision 1.Requirement. (a) Except as provided in paragraphs (b) to (d), a 
32.5 	person may not use or distribute a pesticide in this state unless it is registered with the 
32.6 	commissioner. Pesticide registrations expire on December 31 of each year and may be 
32.7 	renewed on or before that date for the following calendar year.
32.8 	(b) Registration is not required if a pesticide is shipped from one plant or warehouse 
32.9 	to another plant or warehouse operated by the same person and used solely at the plant 
32.10 	or warehouse as an ingredient in the formulation of a pesticide that is registered under 
32.11 	this chapter.
32.12 	(c) An unregistered pesticide that was previously registered with the commissioner 
32.13 	may be used for a period of two years following the cancellation of the registration of the 
32.14 	pesticide, unless the commissioner determines that the continued use of the pesticide 
32.15 	would cause unreasonable adverse effects on the environment, or with the written 
32.16 	permission of the commissioner. To use the unregistered pesticide at any time after 
32.17 	the two-year period, the pesticide end user must demonstrate to the satisfaction of the 
32.18 	commissioner, if requested, that the pesticide has been continuously registered under a 
32.19 	different brand name or by a different manufacturer and has similar composition, or, the 
32.20 	pesticide end user obtains the written permission of the commissioner.
32.21 	(d) The commissioner may allow specific pesticide products that are not registered 
32.22 	with the commissioner to be distributed in this state for use in another state.
32.23 	(e) Each pesticide with a unique United States Environmental Protection Agency 
32.24 	pesticide registration number or a unique brand name must be registered with the 
32.25 	commissioner.
32.26 	(f) It is unlawful for a person to distribute or use a pesticide in the state, or to sell 
32.27 	into the state for use in the state, any pesticide product that has not been registered by the 
32.28 	commissioner and for which the applicable pesticide registration application fee, gross 
32.29 	sales fee, or waste pesticide program surcharge is not paid pursuant to subdivisions 3 and 4.
32.30 	(g) Every person who sells for use in the state a pesticide product that has been 
32.31 	registered by the commissioner shall pay to the commissioner the applicable registration 
32.32 	application fees, sales fees, and waste pesticide program surcharges. These sales expressly 
32.33 	include all sales made electronically, telephonically, or by any other means that result in a 
32.34 	pesticide product being shipped to or used in the state. There is a rebuttable presumption 
33.1 	that pesticide products that are sold or distributed in or into the state by any person are 
33.2 	sold or distributed for use in the state.

33.3 	Sec. 53. Minnesota Statutes 2008, section 18B.26, subdivision 3, is amended to read:
33.4 		Subd. 3. Registration application and gross sales fee. (a) For an agricultural 
33.5 	pesticide, a registrant shall pay an annual registration application fee for each agricultural 
33.6 	pesticide to be registered, and this fee is set at 0.4 percent of annual gross sales within the 
33.7 	state and annual gross sales of pesticides used in the state, with a minimum nonrefundable 
33.8 	fee of $250 $350. The fee is due by December 31 preceding the year for which the 
33.9 	application for registration is made. The fee is nonrefundable. 
33.10 	The registrant shall determine when and which pesticides are sold or used in this 
33.11 	state.(b) For a nonagricultural pesticide, a registrant shall pay a minimum annual 
33.12 	registration application fee for each nonagricultural pesticide of $350. The fee is due by 
33.13 	December 31 preceding the year for which the application for registration is made. The 
33.14 	fee is nonrefundable. The registrant of a nonagricultural pesticide shall pay, in addition to 
33.15 	the $350 minimum fee, a fee of 0.5 percent of annual gross sales of the nonagricultural 
33.16 	pesticide in the state and the annual gross sales of the nonagricultural pesticide sold into 
33.17 	the state for use in this state. The commissioner may not assess a fee under this paragraph 
33.18 	if the amount due based on percent of annual gross sales is less than $10. The registrant 
33.19 	shall secure sufficient sales information of nonagricultural pesticides distributed into 
33.20 	this state from distributors and dealers, regardless of distributor location, to make a 
33.21 	determination. Sales of nonagricultural pesticides in this state and sales of nonagricultural 
33.22 	pesticides for use in this state by out-of-state distributors are not exempt and must be 
33.23 	included in the registrant's annual report, as required under paragraph (c) (g), and fees 
33.24 	shall be paid by the registrant based upon those reported sales. Sales of nonagricultural 
33.25 	pesticides in the state for use outside of the state are exempt from the application gross 
33.26 	sales fee in this paragraph if the registrant properly documents the sale location and 
33.27 	distributors. A registrant paying more than the minimum fee shall pay the balance due by 
33.28 	March 1 based on the gross sales of the nonagricultural pesticide by the registrant for the 
33.29 	preceding calendar year. The fee for disinfectants and sanitizers shall be the minimum. 
33.30 	The minimum fee is due by December 31 preceding the year for which the application for 
33.31 	registration is made. In each fiscal year, the commissioner shall allocate from the pesticide 
33.32 	regulatory account a sum sufficient to collect and dispose of waste pesticides under section 
33.33 	18B.065. However, notwithstanding section 18B.065, if the commissioner determines 
33.34 	that the balance in the pesticide regulatory account at the end of the fiscal year will be 
33.35 	less than $500,000, the commissioner may suspend waste pesticide collections or provide 
34.1 	partial payment to a person for waste pesticide collection. The commissioner must notify 
34.2 	as soon as possible and no later than August 1 a person under contract to collect waste 
34.3 	pesticides of an anticipated suspension or payment reduction.A pesticide determined by 
34.4 	the commissioner to be a sanitizer or disinfectant is exempt from the gross sales fee.
34.5 	(c) For agricultural pesticides, a licensed agricultural pesticide dealer shall pay a 
34.6 	gross sales fee of 0.55 percent of annual gross sales of the agricultural pesticide in the 
34.7 	state and the annual gross sales of the agricultural pesticide sold into the state for use in 
34.8 	this state.
34.9 	(d) In those cases where a registrant first sells an agricultural pesticide in or into the 
34.10 	state to a pesticide end user, the registrant must first obtain an agricultural pesticide dealer 
34.11 	license and is responsible for payment of the annual gross sales fee under paragraph (c), 
34.12 	record keeping under paragraph (i), and all other requirements of section 18B.316.
34.13 	(e) If the total annual revenue from fees collected by the commissioner on the 
34.14 	registration and sale of pesticides is less than $6,600,000 for revenue collected in fiscal 
34.15 	year 2011, 2012, or 2013, the commissioner may increase pesticide sales and product 
34.16 	registration fees by the amount necessary to ensure this level of revenue is achieved.
34.17 	(b) (f) An additional fee of $100 50 percent of the registration application fee must 
34.18 	be paid by the applicant for each pesticide to be registered if the application is a renewal 
34.19 	application that is submitted after December 31. 
34.20 	(c) (g) A registrant must annually report to the commissioner the amount and, type
34.21 	and annual gross sales of each registered nonagricultural pesticide sold, offered for sale, or 
34.22 	otherwise distributed in the state. The report shall be filed by March 1 for the previous 
34.23 	year's registration. The commissioner shall specify the form of the report or approve 
34.24 	the method for submittal of the report and may require additional information deemed 
34.25 	necessary to determine the amount and type of pesticidesnonagricultural pesticide 
34.26 	annually distributed in the state. The information required shall include the brand name, 
34.27 	United States Environmental Protection Agency registration number and amount, 
34.28 	and formulation of each nonagricultural pesticide sold, offered for sale, or otherwise 
34.29 	distributed in the state, but the information collected, if made public, shall be reported in a 
34.30 	manner which does not identify a specific brand name in the report. 
34.31 	(h) A licensed agricultural pesticide dealer must annually report to the commissioner 
34.32 	the amount, type, and annual gross sales of each registered agricultural pesticide sold, 
34.33 	offered for sale, or otherwise distributed in the state or into the state for use in the state. 
34.34 	The report must be filed by January 31 for the previous year's sales. The commissioner 
34.35 	shall specify the form, contents, and approved electronic method for submittal of the 
34.36 	report and may require additional information deemed necessary to determine the amount 
35.1 	and type of agricultural pesticide annually distributed within the state or into the state. 
35.2 	The information required must include the brand name, United States Environmental 
35.3 	Protection Agency registration number, and amount of each agricultural pesticide sold, 
35.4 	offered for sale, or otherwise distributed in the state or into the state.
35.5 	(i) A person who registers a pesticide with the commissioner under paragraph (b), 
35.6 	or a registrant under paragraph (d), shall keep accurate records for five years detailing 
35.7 	all distribution or sales transactions into the state or in the state and subject to a fee and 
35.8 	surcharge under this section.
35.9 	(j) The records are subject to inspection, copying, and audit by the commissioner 
35.10 	and must clearly demonstrate proof of payment of all applicable fees and surcharges 
35.11 	for each registered pesticide product sold for use in this state. A person who is located 
35.12 	outside of this state must maintain and make available records required by this subdivision 
35.13 	in this state or pay all costs incurred by the commissioner in the inspecting, copying, or 
35.14 	auditing of the records.
35.15 	(k) The commissioner may adopt by rule regulations that require persons subject 
35.16 	to audit under this section to provide information determined by the commissioner to be 
35.17 	necessary to enable the commissioner to perform the audit.
35.18 	(d) (l) A registrant who is required to pay more than the minimum fee for any 
35.19 	pesticide under paragraph (a) (b) must pay a late fee penalty of $100 for each pesticide 
35.20 	application fee paid after March 1 in the year for which the license is to be issued. 

35.21 	EFFECTIVE DATE. This section is effective July 1, 2009. However:
35.22 	(1) the provisions of Minnesota Statutes 2008, section 18B.26, subdivision 3, remain 
35.23 	in effect until December 31, 2010, for the registrants of pesticide products sold within the 
35.24 	state or used in the state during calendar year 2009; and
35.25 	(2) the commissioner of agriculture may not implement paragraph (c), (d), (e), (f), 
35.26 	(g), (h), (i), (j), (k), or (l) until January 1, 2010.

35.27 	Sec. 54. Minnesota Statutes 2008, section 18B.31, subdivision 3, is amended to read:
35.28 		Subd. 3.License. A pesticide dealer license:
35.29 	(1) is issued by the commissioner upon receipt and review of a complete initial or 
35.30 	renewal application;
35.31 	(2) is valid for one year and expires on December January 31 of each year unless it 
35.32 	is suspended or revoked before that date;
35.33 	(2) (3) is not transferable to another location; and
35.34 	(3) (4) must be prominently displayed to the public in the pesticide dealer's place of 
35.35 	business.

36.1 	Sec. 55. Minnesota Statutes 2008, section 18B.31, subdivision 4, is amended to read:
36.2 		Subd. 4.Application. (a) A person must apply to the commissioner for a pesticide 
36.3 	dealer license on the forms and in the manner required by the commissioner.
36.4 	(b) The commissioner may require an additional demonstration of dealer 
36.5 	qualification if the dealer has had a license suspended or revoked, or has otherwise had a 
36.6 	history of violations of this chapter.
36.7 	(c) An application for renewal of a pesticide dealer license is not complete until the 
36.8 	commissioner receives the report and applicable fees required under section 18B.316, 
36.9 	subdivision 8.

36.10 	EFFECTIVE DATE. This section is effective January 1, 2010.

36.11 	Sec. 56. [18B.316] AGRICULTURAL PESTICIDE DEALER LICENSE AND 
36.12 	REPORTING.
36.13 		Subdivision 1.Requirement. (a) A person must not distribute or sell an agricultural 
36.14 	pesticide in the state or into the state without first obtaining an agricultural pesticide 
36.15 	dealer license.
36.16 	(b) Each location or place of business from which an agricultural pesticide is 
36.17 	distributed or sold in the state or into the state is required to have a separate agricultural 
36.18 	pesticide dealer license.
36.19 	(c)	A person who is a licensed pesticide dealer under section 18B.31 is not required 
36.20 	to also be licensed under this subdivision.
36.21 		Subd. 2.Exemption. A person who is a pesticide registrant under provisions of this 
36.22 	chapter is exempt from the requirement of subdivision 1, except in those cases where a 
36.23 	registrant first sells an agricultural pesticide in or into the state to a pesticide end user, the 
36.24 	registrant must first obtain an agricultural pesticide dealer license.
36.25 		Subd. 3.Resident agent. (a) A person required to be licensed under subdivisions 
36.26 	1 and 2, or a person licensed as a pesticide dealer pursuant to section 18B.31 and who 
36.27 	operates from a location or place of business outside the state and who distributes or 
36.28 	sells an agricultural pesticide into the state, must continuously maintain in this state the 
36.29 	following:
36.30 	(1) a registered office; and
36.31 	(2) a registered agent, who may be either a resident of this state whose business 
36.32 	office or residence is identical with the registered office under clause (1), a domestic 
36.33 	corporation or limited liability company, or a foreign corporation of limited liability 
36.34 	company authorized to transact business in this state and having a business office identical 
36.35 	with the registered office.
37.1 	A person licensed under this section or section 18B.31 shall annually file with the 
37.2 	commissioner, either at the time of initial licensing or as part of license renewal, the name, 
37.3 	address, telephone number, and e-mail address of the licensee's registered agent.
37.4 	For licensees under section 18B.31 who are located in the state, the licensee is 
37.5 	the registered agent.
37.6 		Subd. 4.Responsibility. The resident agent is responsible for the acts of a licensed 
37.7 	agricultural pesticide dealer, or of a licensed pesticide dealer under section 18B.31 who 
37.8 	operates from a location or place of business outside the state and who distributes or 
37.9 	sells an agricultural pesticide into the state, as well as the acts of the employees of those 
37.10 	licensees. 
37.11 		Subd. 5.Records. A person licensed as an agricultural pesticide dealer, or a person 
37.12 	licensed as a pesticide dealer pursuant to section 18B.31, must maintain for five years at the 
37.13 	person's principal place of business accurate records of purchases, sales, and distributions 
37.14 	of agricultural pesticides in and into this state, including those of its branch locations. The 
37.15 	records shall be made available for audit under provisions of this chapter and chapter 18D.
37.16 		Subd. 6.Agricultural pesticide sales invoices. Sales invoices for agricultural 
37.17 	pesticides sold in or into this state by a licensed agricultural pesticide dealer or a pesticide 
37.18 	dealer under this section must show the percent of gross sales fee rate assessed and the 
37.19 	gross sales fee paid under section 18B.26, subdivision 3, paragraph (c). Only the person 
37.20 	who actually will pay the gross sales fee may show the rate or the amount of the fee as 
37.21 	a line item on the sales invoice.
37.22 		Subd. 7.License. An agricultural pesticide dealer license: 
37.23 	(1) is issued by the commissioner upon receipt and review of a complete initial or 
37.24 	renewal application;
37.25 	(2) is valid for one year and expires on January 31 of each year;
37.26 	(3) is not transferable from one location or place of business to another location 
37.27 	or place of business; and
37.28 	(4) must be prominently displayed to the public in the agricultural pesticide dealer's 
37.29 	place of business and in the registered office of the resident agent.
37.30 		Subd. 8.Report of sales and payment to the commissioner. A person who is an 
37.31 	agricultural pesticide dealer, or is a licensed pesticide dealer under section 18B.31, who 
37.32 	distributes or sells an agricultural pesticide in or into the state, and a pesticide registrant 
37.33 	pursuant to section 18B.26, subdivision 3, paragraph (d), shall no later than January 31 of 
37.34 	each year report and pay applicable fees on annual gross sales of agricultural pesticides 
37.35 	to the commissioner pursuant to requirements under section 18B.26, subdivision 3, 
37.36 	paragraphs (c) and (h).
38.1 		Subd. 9.Application. (a) A person must apply to the commissioner for an 
38.2 	agricultural pesticide dealer license on forms and in a manner approved by the 
38.3 	commissioner.
38.4 	(b) The applicant must be the person in charge of each location or place of business 
38.5 	from which agricultural pesticides are distributed or sold in or into the state.
38.6 	(c) The commissioner may require that the applicant provide information regarding 
38.7 	the applicant's proposed operations and other information considered pertinent by the 
38.8 	commissioner.
38.9 	(d) The commissioner may require additional demonstration of licensee qualification 
38.10 	if the licensee has had a license suspended or revoked, or has otherwise had a history of 
38.11 	violations in another state or violations of this chapter.
38.12 	(e) A licensed agricultural pesticide dealer who changes the dealer's address or place 
38.13 	of business must immediately notify the commissioner of the change.
38.14 	(f) An application for renewal of an agricultural pesticide dealer license is complete 
38.15 	only when a report and any applicable payment of fees under subdivision 8 are received 
38.16 	by the commissioner.
38.17 		Subd. 10.Application fee. (a) An application for an agricultural pesticide dealer 
38.18 	license, or a renewal of an agricultural pesticide dealer license, must be accompanied 
38.19 	by a nonrefundable fee of $150.
38.20 	(b) If an application for renewal of an agricultural pesticide dealer license is not filed 
38.21 	before January of the year for which the license is to be issued, an additional fee of 50 
38.22 	percent of the application fee must be paid by the applicant before the commissioner 
38.23 	may issue the license.

38.24 	EFFECTIVE DATE. This section is effective July 1, 2009. However, the 
38.25 	commissioner of agriculture may not implement subdivision 9, paragraph (f), until 
38.26 	January 1, 2011.

38.27 	Sec. 57. [18B.346] PESTICIDE APPLICATION ON RAILROAD PROPERTY.
38.28 		Subdivision 1.Applicability. This section applies only to common carrier railroads.
38.29 		Subd. 2.Safety information. (a) In coordination with common carrier railroad 
38.30 	companies operating in this state, the commissioner shall provide annual pesticide safety 
38.31 	outreach opportunities for railroad employees.
38.32 	(b) A common carrier railroad that operates in this state must provide annual 
38.33 	employee pesticide safety training opportunities.
39.1 		Subd. 3.Pesticide applications. (a) A person may not directly apply a restricted 
39.2 	use pesticide to occupied or unoccupied locomotives, track repair equipment, or on-track 
39.3 	housing units unless the pesticide is specifically labeled for that use.
39.4 	(b) Employees of common carrier railroads must not be required to work in affected 
39.5 	areas in a manner that is inconsistent with the pesticide label.
39.6 		Subd. 4.Misuse reporting. A common carrier railroad or a commercial applicator 
39.7 	hired by the common carrier railroad to apply pesticide must report to the commissioner 
39.8 	within four hours, or as soon as practicable, any pesticide misuse known to the railroad 
39.9 	company or commercial applicator that occurred on railroad property or to other property 
39.10 	under the control of the railroad company. For the purposes of this section, "misuse" means 
39.11 	a pesticide application that violates subdivision 3 or any provision in section 18B.07.

39.12 	Sec. 58. Minnesota Statutes 2008, section 18B.37, subdivision 1, is amended to read:
39.13 		Subdivision 1.Pesticide dealer. (a) A pesticide dealer must maintain records of all 
39.14 	sales of restricted use pesticides as required by the commissioner. Records must be kept at 
39.15 	the time of sale on forms supplied by the commissioner or on the pesticide dealer's forms 
39.16 	if they are approved by the commissioner.
39.17 	(b) Records must be submitted annually with the renewal application for a pesticide 
39.18 	dealer license or upon request of the commissioner.
39.19 	(c) Copies of records required under this subdivision must be maintained by the 
39.20 	pesticide dealer for a period of five years after the date of the pesticide sale.

39.21 	Sec. 59. Minnesota Statutes 2008, section 18C.415, subdivision 3, is amended to read:
39.22 		Subd. 3.Effective period. Other Licenses are for the period from January 1 to the 
39.23 	following December 31 and must be renewed annually by the licensee before January 1. A 
39.24 	license is not transferable from one person to another, from the ownership to whom issued 
39.25 	to another ownership, or from one location to another location.

39.26 	Sec. 60. Minnesota Statutes 2008, section 18C.421, is amended to read:
39.27 	18C.421 DISTRIBUTOR'S TONNAGE REPORT.
39.28 		Subdivision 1.Semiannual statement Annual tonnage report. (a) Each licensed 
39.29 	distributor of fertilizer and each registrant of a specialty fertilizer, soil amendment, or plant 
39.30 	amendment must file a semiannual statement for the periods ending December 31 and June 
39.31 	30 with the commissioner on forms furnished by the commissioner stating the number of 
39.32 	net tons and grade of each raw fertilizer material distributed or the number of net tons of 
39.33 	each brand or grade of fertilizer, soil amendment, or plant amendment registrant under 
40.1 	section 18C.411 and licensee under section 18C.415 shall file an annual tonnage report for 
40.2 	the previous year ending June 30 with the commissioner, on forms provided or approved 
40.3 	by the commissioner, stating the number of net tons of each brand or grade of fertilizer, 
40.4 	soil amendment, or plant amendment distributed in this state or the number of net tons and 
40.5 	grade of each raw fertilizer material distributed in this state during the reporting period.
40.6 	(b) A tonnage reports are report is not required to be filed with submitted and an 
40.7 	inspection fee under section 18C.425, subdivision 6, is not required to be paid to the 
40.8 	commissioner from licensees by a licensee who distributed distributes fertilizer solely by 
40.9 	custom application.
40.10 	(c) A report from a licensee who sells to an ultimate consumer must be accompanied 
40.11 	by records or invoice copies indicating the name of the distributor who paid the inspection 
40.12 	fee, the net tons received, and the grade or brand name of the products received.
40.13 	(d) (c) The annual tonnage report is due must be submitted to the commissioner on 
40.14 	or before the last day of the month following the close of each reporting period July 31 of 
40.15 	each calendar year.
40.16 	(e) (d) The inspection fee at the rate stated in section 18C.425, subdivision 6, must 
40.17 	accompany the statement.
40.18 		Subd. 2.Additional reports. The commissioner may by rule require additional 
40.19 	reports for the purpose of gathering statistical data relating to fertilizer, soil amendments, 
40.20 	and plant amendments distribution in the state.
40.21 		Subd. 3.Late annual report and inspection fee penalty. (a) If a distributor does 
40.22 	not file the semiannual statement registrant or licensee fails to submit an annual tonnage 
40.23 	report or pay the inspection fees fee under section 18C.425, subdivision 6, by 31 days 
40.24 	after the end of the reporting period July 31, the commissioner shall assess the registrant 
40.25 	or licensee a penalty of the greater of $25 $50 or ten percent of the amount due against 
40.26 	the licensee or registrant.
40.27 	(b) The fees due, plus the penalty, may be recovered in a civil action against the 
40.28 	licensee or registrant.
40.29 	(c) The assessment of the penalty does not prevent the commissioner from taking 
40.30 	other actions as provided in this chapter and sections 18D.301 to 18D.331.
40.31 		Subd. 4.Responsibility for inspection fees. If more than one person is involved 
40.32 	in the distribution of a fertilizer, soil amendment, or plant amendment, the distributor 
40.33 	who imports, manufactures, or produces the fertilizer or who has the specialty fertilizer, 
40.34 	soil amendment, or plant amendment registered is responsible for the inspection fee on 
40.35 	products produced or brought into this state. The distributor must separately list the 
40.36 	inspection fee on the invoice to the licensee. The last licensee must retain the invoices 
41.1 	showing proof of inspection fees paid for three years and must pay the inspection fee on 
41.2 	products brought into this state before July 1, 1989, unless the reporting and paying of 
41.3 	fees have been made by a prior distributor of the fertilizer.
41.4 		Subd. 5.Verification of statements annual tonnage report. The commissioner 
41.5 	may verify the records on which the statement of annual tonnage report is based.

41.6 	Sec. 61. Minnesota Statutes 2008, section 18C.425, subdivision 4, is amended to read:
41.7 		Subd. 4.Fee for late application. If an application for renewal of a fertilizer 
41.8 	license or registration of a specialty fertilizer, soil amendment, or plant amendment
41.9 	under section 18C.411 or a license under section 18C.415 is not filed before January 1 
41.10 	or July 1 of a year, as required submitted to the commissioner after December 31, an 
41.11 	additional application late fee of one-half of the amount due must be paid in addition to 
41.12 	the application fee before the renewal license or registration may be issued.

41.13 	Sec. 62. Minnesota Statutes 2008, section 18C.425, subdivision 6, is amended to read:
41.14 		Subd. 6.Payment of inspection fees fee. (a) The person who registers and 
41.15 	distributes in the state a specialty fertilizer, soil amendment, or plant amendment under 
41.16 	section 18C.411 shall pay the inspection fee to the commissioner.
41.17 	(b) The person licensed under section 18C.415 who distributes a fertilizer to a person 
41.18 	not required to be so licensed shall pay the inspection fee to the commissioner, except as 
41.19 	exempted under section 18C.421, subdivision 1, paragraph (b).
41.20 	(c) The person responsible for payment of the inspection fees for fertilizers, soil 
41.21 	amendments, or plant amendments sold and used in this state must pay an inspection fee of 
41.22 	30 70 cents per ton of fertilizer, soil amendment, and plant amendment sold or distributed 
41.23 	in this state, with a minimum of $10 on all tonnage reports. Products sold or distributed to 
41.24 	manufacturers or exchanged between them are exempt from the inspection fee imposed by 
41.25 	this subdivision if the products are used exclusively for manufacturing purposes.
41.26 	(d) A registrant or licensee must retain invoices showing proof of fertilizer, plant 
41.27 	amendment, or soil amendment distribution amounts and inspection fees paid for a period 
41.28 	of three years.

41.29 	Sec. 63. Minnesota Statutes 2008, section 18E.03, subdivision 2, is amended to read:
41.30 		Subd. 2.Expenditures. (a) Money in the agricultural chemical response and 
41.31 	reimbursement account may only be used:
41.32 	(1) to pay for the commissioner's responses to incidents under chapters 18B, 18C, 
41.33 	and 18D that are not eligible for payment under section 115B.20, subdivision 2;
42.1 	(2) to pay for emergency responses that are otherwise unable to be funded;
42.2 	(3) to reimburse and pay corrective action costs under section 18E.04; and
42.3 	(4) by the board to reimburse the commissioner for board staff and other 
42.4 	administrative costs and the commissioner's incident response program costs related to 
42.5 	eligible incident sites, up to $225,000 $450,000 per fiscal year.
42.6 	(b) Money in the agricultural chemical response and reimbursement account is 
42.7 	appropriated to the commissioner to make payments as provided in this subdivision.

42.8 	Sec. 64. Minnesota Statutes 2008, section 18E.03, subdivision 4, is amended to read:
42.9 		Subd. 4.Fee. (a) The response and reimbursement fee consists of the surcharges and 
42.10 	any adjustments made by the commissioner in this subdivision and shall be collected by 
42.11 	the commissioner. The amount of the response and reimbursement fee shall be determined 
42.12 	and imposed annually by the commissioner as required to satisfy the requirements in 
42.13 	subdivision 3. The commissioner shall adjust the amount of the surcharges imposed in 
42.14 	proportion to the amount of the surcharges listed in this subdivision. License application 
42.15 	categories under paragraph (d) must be charged in proportion to the amount of surcharges 
42.16 	imposed up to a maximum of 50 percent of the license fees set under chapters 18B and 
42.17 	18C.
42.18 	(b) The commissioner shall impose a surcharge on pesticides registered under 
42.19 	chapter 18B to be collected as a surcharge on the registration application fee gross sales
42.20 	under section 18B.26, subdivision 3, that is equal to 0.1 percent of sales of the pesticide 
42.21 	in the state and sales of pesticides for use in the state during the previous calendar year, 
42.22 	except the surcharge may not be imposed on pesticides that are sanitizers or disinfectants 
42.23 	as determined by the commissioner. No surcharge is required if the surcharge amount 
42.24 	based on percent of annual gross sales is less than $10. The registrant shall determine 
42.25 	when and which pesticides are sold or used in this state. The registrant shall secure 
42.26 	sufficient sales information of pesticides distributed into this state from distributors and 
42.27 	dealers, regardless of distributor location, to make a determination. Sales of pesticides in 
42.28 	this state and sales of pesticides for use in this state by out-of-state distributors are not 
42.29 	exempt and must be included in the registrant's annual report, as required under section 
42.30 	18B.26, subdivision 3, paragraph (c), and fees shall be paid by the registrant based upon 
42.31 	those reported sales. Sales of pesticides in the state for use outside of the state are exempt 
42.32 	from the surcharge in this paragraph if the registrant, agricultural pesticide dealer, or 
42.33 	pesticide dealer properly documents the sale location and the distributors. 
43.1 	(c) The commissioner shall impose a ten cents per ton surcharge on the inspection 
43.2 	fee under section 18C.425, subdivision 6, for fertilizers, soil amendments, and plant 
43.3 	amendments. 
43.4 	(d) The commissioner shall impose a surcharge on the license application of persons 
43.5 	licensed under chapters 18B and 18C consisting of:
43.6 	(1) a $75 surcharge for each site where pesticides are stored or distributed, to 
43.7 	be imposed as a surcharge on pesticide dealer application fees under section 18B.31, 
43.8 	subdivision 5, and the agricultural pesticide dealer application fee under section 18B.316, 
43.9 	subdivision 10; 
43.10 	(2) a $75 surcharge for each site where a fertilizer, plant amendment, or soil 
43.11 	amendment is distributed, to be imposed on persons licensed under sections 18C.415
43.12 	and 18C.425; 
43.13 	(3) a $50 surcharge to be imposed on a structural pest control applicator license 
43.14 	application under section 18B.32, subdivision 6, for business license applications only; 
43.15 	(4) a $20 surcharge to be imposed on commercial applicator license application fees 
43.16 	under section 18B.33, subdivision 7; and
43.17 	(5) a $20 surcharge to be imposed on noncommercial applicator license application 
43.18 	fees under section 18B.34, subdivision 5, except a surcharge may not be imposed on a 
43.19 	noncommercial applicator that is a state agency, political subdivision of the state, the 
43.20 	federal government, or an agency of the federal government.
43.21 	(e) A $1,000 fee shall be imposed on each site where pesticides are stored and sold 
43.22 	for use outside of the state unless:
43.23 	(1) the distributor properly documents that it has less than $2,000,000 per year in 
43.24 	wholesale value of pesticides stored and transferred through the site; or
43.25 	(2) the registrant pays the surcharge under paragraph (b) and the registration fee 
43.26 	under section 18B.26, subdivision 3, for all of the pesticides stored at the site and sold for 
43.27 	use outside of the state. 
43.28 	(f) Paragraphs (c) to (e) apply to sales, licenses issued, applications received for 
43.29 	licenses, and inspection fees imposed on or after July 1, 1990.

43.30 	EFFECTIVE DATE. This section is effective July 1, 2009. However, the 
43.31 	commissioner of agriculture may not implement the change to paragraph (b) until January 
43.32 	1, 2010.

43.33 	Sec. 65. Minnesota Statutes 2008, section 18E.06, is amended to read:
43.34 	18E.06 REPORT.
44.1 	By December 1 of each year, the Agricultural Chemical Response Compensation 
44.2 	Board and the commissioner shall submit to the house of representatives Committee 
44.3 	on Ways and Means, the senate Committee on Finance, the house of representatives 
44.4 	and senate committees with jurisdiction over the environment, natural resources, and 
44.5 	agriculture, and the Environmental Quality Board a report detailing the board's activities 
44.6 	and reimbursements and the expenditures and activities associated with the commissioner's 
44.7 	incident response program for which money from the account has been spent during 
44.8 	the previous year.

44.9 	Sec. 66. Minnesota Statutes 2008, section 18H.02, subdivision 12a, is amended to read:
44.10 		Subd. 12a.Individual Dormant. "Individual" means a human being "Dormant" 
44.11 	means nursery stock without etiolated growth.

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

44.13 	Sec. 67. Minnesota Statutes 2008, section 18H.02, is amended by adding a subdivision 
44.14 	to read:
44.15 		Subd. 12b.Etiolated growth. "Etiolated growth" means bleached and unnatural 
44.16 	growth resulting from the exclusion of sunlight.

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

44.18 	Sec. 68. Minnesota Statutes 2008, section 18H.02, is amended by adding a subdivision 
44.19 	to read:
44.20 		Subd. 12c.Individual. "Individual" means a human being.

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

44.22 	Sec. 69. Minnesota Statutes 2008, section 18H.02, is amended by adding a subdivision 
44.23 	to read:
44.24 		Subd. 24a.Packaged stock. "Packaged stock" means bare root nursery stock 
44.25 	packed with the roots in moisture-retaining material encased in plastic film or other 
44.26 	material designed to hold the moisture-retaining material in place.

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

44.28 	Sec. 70. Minnesota Statutes 2008, section 18H.07, subdivision 2, is amended to read:
45.1 		Subd. 2.Nursery stock grower certificate. (a) A nursery stock grower must 
45.2 	pay an annual fee based on the area of all acreage on which nursery stock is grown for 
45.3 	certification as follows:
45.4 	(1) less than one-half acre, $150;
45.5 	(2) from one-half acre to two acres, $200;
45.6 	(3) over two acres up to five acres, $300;
45.7 	(4) over five acres up to ten acres, $350;
45.8 	(5) over ten acres up to 20 acres, $500;
45.9 	(6) over 20 acres up to 40 acres, $650;
45.10 	(7) over 40 acres up to 50 acres, $800;
45.11 	(8) over 50 acres up to 200 acres, $1,100;
45.12 	(9) over 200 acres up to 500 acres, $1,500; and
45.13 	(10) over 500 acres, $1,500 plus $2 for each additional acre.
45.14 	(b) In addition to the fees in paragraph (a), a penalty of ten percent of the fee 
45.15 	due must be charged for each month, or portion thereof, that the fee is delinquent up 
45.16 	to a maximum of 30 percent for any application for renewal not received by January 1
45.17 	postmarked by December 31 of the current year following expiration of a certificate.

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

45.19 	Sec. 71. Minnesota Statutes 2008, section 18H.07, subdivision 3, is amended to read:
45.20 		Subd. 3.Nursery stock dealer certificate. (a) A nursery stock dealer must pay an 
45.21 	annual fee based on the dealer's gross sales of certified nursery stock per location during 
45.22 	the most recent certificate year. A certificate applicant operating for the first time must pay 
45.23 	the minimum fee. The fees per sales location are:
45.24 	(1) gross sales up to $5,000, $150;
45.25 	(2) gross sales over $5,000 up to $20,000, $175;
45.26 	(3) gross sales over $20,000 up to $50,000, $300;
45.27 	(4) gross sales over $50,000 up to $75,000, $425;
45.28 	(5) gross sales over $75,000 up to $100,000, $550;
45.29 	(6) gross sales over $100,000 up to $200,000, $675; and
45.30 	(7) gross sales over $200,000, $800.
45.31 	(b) In addition to the fees in paragraph (a), a penalty of ten percent of the fee 
45.32 	due must be charged for each month, or portion thereof, that the fee is delinquent up 
45.33 	to a maximum of 30 percent for any application for renewal not received by January 1
45.34 	postmarked by December 31 of the current year following expiration of a certificate.

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

46.2 	Sec. 72. Minnesota Statutes 2008, section 18H.09, is amended to read:
46.3 	18H.09 NURSERY STOCK CERTIFICATION REQUIREMENTS.
46.4 	(a) All nursery stock growing at sites identified by nursery stock dealers or nursery 
46.5 	stock growers and submitted for inspection must be inspected by the commissioner within 
46.6 	the previous 12 months prior to sale and found apparently free from quarantine and 
46.7 	regulated nonquarantine pests as well as significantly dangerous or potentially damaging 
46.8 	plant pests. The commissioner may waive a site inspection under the following conditions:
46.9 	(1) the nursery stock is not going to be sold within 12 months;
46.10 	(2) the nursery stock will not be moved out of Minnesota; and
46.11 	(3) the nursery site or stock is not subject to certification requirements associated 
46.12 	with a state or federally regulated or quarantined plant pest.
46.13 	All nursery stock originating from out of state and offered for sale in Minnesota 
46.14 	must have been inspected by the appropriate state or federal agency during the previous 
46.15 	12 months and found free from quarantine and regulated nonquarantine pests as well as 
46.16 	significantly dangerous or potentially damaging plant pests. A nursery stock certificate 
46.17 	is valid from January 1 to December 31.
46.18 	(b) Nursery stock must be accessible to the commissioner for inspection during 
46.19 	regular business hours. Weeds or other growth that hinder a proper inspection are grounds 
46.20 	to suspend or withhold a certificate or require a reinspection.
46.21 	(c) Inspection reports issued to growers must contain a list of the plant pests found at 
46.22 	the time of inspection. Withdrawal-from-distribution orders are considered part of the 
46.23 	inspection reports. A withdrawal-from-distribution order must contain a list of plants 
46.24 	withdrawn from distribution and the location of the plants.
46.25 	(d) The commissioner may post signs to delineate sections withdrawn from 
46.26 	distribution. These signs must remain in place until the commissioner removes them or 
46.27 	grants written permission to the grower to remove the signs.
46.28 	(e) Inspection reports issued to dealers must outline the violations involved and 
46.29 	corrective actions to be taken including withdrawal-from-distribution orders which would 
46.30 	specify nursery stock that could not be distributed from a certain area.
46.31 	(f) Optional inspections of plants may be conducted by the commissioner upon 
46.32 	request by any persons desiring an inspection. A fee as provided in section 18H.07 must 
46.33 	be charged for such an inspection.

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

47.1 	Sec. 73. Minnesota Statutes 2008, section 18H.10, is amended to read:
47.2 	18H.10 STORAGE OF NURSERY STOCK.
47.3 	All nursery stock must be kept and displayed under conditions of temperature, 
47.4 	light, and moisture sufficient to maintain the viability and vigor of the nursery stock.
47.5 	Packaged dormant nursery stock must be stored under conditions that retard growth, 
47.6 	prevent etiolated growth, and protect its viability.

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

47.8 	Sec. 74. Minnesota Statutes 2008, section 28A.085, subdivision 1, is amended to read:
47.9 		Subdivision 1.Violations; prohibited acts. The commissioner may charge a 
47.10 	reinspection fee for each reinspection of a food handler that:
47.11 	(1) is found with a major violation of requirements in chapter 28, 29, 30, 31, 31A, 
47.12 	32, 33, or 34, or rules adopted under one of those chapters;
47.13 	(2) is found with a violation of section 31.02, 31.161, or 31.165, and requires a 
47.14 	follow-up inspection after an administrative meeting held pursuant to section 31.14; or
47.15 	(3) fails to correct equipment and facility deficiencies as required in rules adopted 
47.16 	under chapter 28, 29, 30, 31, 31A, 32, or 34. The first reinspection of a firm with gross 
47.17 	food sales under $1,000,000 must be assessed at $75 $150. The fee for a firm with gross 
47.18 	food sales over $1,000,000 is $100 $200. The fee for a subsequent reinspection of a firm 
47.19 	for the same violation is 50 percent of their current license fee or $200 $300, whichever is 
47.20 	greater. The establishment must be issued written notice of violations with a reasonable 
47.21 	date for compliance listed on the notice. An initial inspection relating to a complaint is 
47.22 	not a reinspection.

47.23 	Sec. 75. Minnesota Statutes 2008, section 28A.21, subdivision 5, is amended to read:
47.24 		Subd. 5.Duties. The task force shall:
47.25 	(1) coordinate educational efforts regarding food safety and defense;
47.26 	(2) provide advice and coordination to state agencies as requested by the agencies;
47.27 	(3) serve as a source of information and referral for the public, news media, and 
47.28 	others concerned with food safety and defense; and
47.29 	(4) make recommendations to Congress, the legislative committees with jurisdiction 
47.30 	over agriculture finance and policy, the legislature, and others about appropriate action to 
47.31 	improve food safety and defense in the state.

48.1 	Sec. 76. Minnesota Statutes 2008, section 31.94, is amended to read:
48.2 	31.94 COMMISSIONER DUTIES.
48.3 	(a) In order to promote opportunities for organic agriculture in Minnesota, the 
48.4 	commissioner shall:
48.5 	(1) survey producers and support services and organizations to determine 
48.6 	information and research needs in the area of organic agriculture practices;
48.7 	(2) work with the University of Minnesota to demonstrate the on-farm applicability 
48.8 	of organic agriculture practices to conditions in this state;
48.9 	(3) direct the programs of the department so as to work toward the promotion of 
48.10 	organic agriculture in this state;
48.11 	(4) inform agencies of how state or federal programs could utilize and support 
48.12 	organic agriculture practices; and
48.13 	(5) work closely with producers, the University of Minnesota, the Minnesota Trade 
48.14 	Office, and other appropriate organizations to identify opportunities and needs as well 
48.15 	as ensure coordination and avoid duplication of state agency efforts regarding research, 
48.16 	teaching, marketing, and extension work relating to organic agriculture.
48.17 	(b) By November 15 of each even-numbered year the commissioner, in conjunction 
48.18 	with the task force created in paragraph (c), shall report on the status of organic 
48.19 	agriculture in Minnesota to the legislative policy and finance committees and divisions 
48.20 	with jurisdiction over agriculture. The report must include:
48.21 	(1) a description of current state or federal programs directed toward organic 
48.22 	agriculture, including significant results and experiences of those programs;
48.23 	(2) a description of specific actions the department of agriculture is taking in the 
48.24 	area of organic agriculture, including the proportion of the department's budget spent on 
48.25 	organic agriculture;
48.26 	(3) a description of current and future research needs at all levels in the area of 
48.27 	organic agriculture;
48.28 	(4) suggestions for changes in existing programs or policies or enactment of new 
48.29 	programs or policies that will affect organic agriculture;
48.30 	(5) a description of market trends and potential for organic products;
48.31 	(6) available information, using currently reliable data, on the price received, yield, 
48.32 	and profitability of organic farms, and a comparison with data on conventional farms; and
48.33 	(7) available information, using currently reliable data, on the positive and negative 
48.34 	impacts of organic production on the environment and human health.
48.35 	(c) The commissioner shall appoint A Minnesota Organic Advisory Task Force to
48.36 	shall advise the commissioner and the University of Minnesota on policies and practices 
49.1 	to programs that will improve organic agriculture in Minnesota, including how available 
49.2 	resources can most effectively be used for outreach, education, research, and technical 
49.3 	assistance that meet the needs of the organic agriculture community. The task force must 
49.4 	consist of the following residents of the state:
49.5 	(1) three farmers using organic agriculture methods;
49.6 	(2) two organic food wholesalers, retailers, or distributors of organic products;
49.7 	(3) one representative of organic food certification agencies;
49.8 	(4) two organic food processors;
49.9 	(5) one representative from the University of Minnesota Extension Service;
49.10 	(6) one representative from a University of Minnesota postsecondary research 
49.11 	institution faculty member;
49.12 	(7) one representative from a nonprofit organization representing producers;
49.13 	(8) one two at-large member members;
49.14 	(9) one representative from the United States Department of Agriculture; and
49.15 	(10) one organic consumer representative.
49.16 	The commissioner, in consultation with the director of the Minnesota Agricultural 
49.17 	Experiment Station; the dean and director of University of Minnesota Extension; and the 
49.18 	dean of the College of Food, Agricultural and Natural Resource Sciences shall appoint 
49.19 	members to serve staggered two-year terms.
49.20 	Terms, Compensation, and removal of members are governed by section 15.059, 
49.21 	subdivision 6. The task force must meet at least twice each year and expires on June 
49.22 	30, 2009 2013.
49.23 	(d) For the purposes of expanding, improving, and developing production and 
49.24 	marketing of the organic products of Minnesota agriculture, the commissioner may 
49.25 	receive funds from state and federal sources and spend them, including through grants or 
49.26 	contracts, to assist producers and processors to achieve certification, to conduct education 
49.27 	or marketing activities, to enter into research and development partnerships, or to address 
49.28 	production or marketing obstacles to the growth and well-being of the industry.
49.29 	(e) The commissioner may facilitate the registration of state organic production 
49.30 	and handling operations including those exempt from organic certification according to 
49.31 	Code of Federal Regulations, title 7, section 205.101, and certification agents operating 
49.32 	within the state.

49.33 	EFFECTIVE DATE. This section is effective June 30, 2009.

49.34 	Sec. 77. [31.97] FEEDING MINNESOTA TASK FORCE.
50.1 		Subdivision 1.Establishment; purpose. The commissioner of agriculture must 
50.2 	establish the Feeding Minnesota Task Force to study the consumption of Minnesota grown 
50.3 	produce and livestock by facilitating the donation of harvested products to charities that 
50.4 	provide food for hungry people. "Hungry people" must be specifically defined by the 
50.5 	task force by its second meeting.
50.6 		Subd. 2.Members. The commissioner must appoint task force members as follows:
50.7 	(1) one member representing a food bank organization;
50.8 	(2) two members representing food producer and grower organizations;
50.9 	(3) one member representing the Minnesota Farmers Market Association;
50.10 	(4) one member representing Minnesota higher education institutions;
50.11 	(5) one member representing the food transportation industry;
50.12 	(6) two members representing statewide agricultural organizations; and
50.13 	(7) one member representing food processors.
50.14 		Subd. 3.No compensation. Task force members may not be compensated under 
50.15 	section 15.059, subdivision 3.
50.16 		Subd. 4.Report. The commissioner must convene the task force no later than 
50.17 	January 31, 2010. The commissioner must make policy recommendations to the chairs of 
50.18 	the legislative committees with jurisdiction over agriculture finance by November 1, 2010.
50.19 		Subd. 5.Expiration. This section expires November 1, 2010.

50.20 	Sec. 78. Minnesota Statutes 2008, section 32.394, subdivision 8, is amended to read:
50.21 		Subd. 8.Grade A inspection fees. A processor or marketing organization of milk, 
50.22 	milk products, sheep milk, or goat milk who wishes to market Grade A milk or use the 
50.23 	Grade A label must apply for Grade A inspection service from the commissioner. A 
50.24 	pasteurization plant requesting Grade A inspection service must hold a Grade A permit 
50.25 	and pay an annual inspection fee of no more than $500. For Grade A farm inspection 
50.26 	service, the fee must be no more than $50 per farm, paid annually by the processor or by 
50.27 	the marketing organization on behalf of its patrons. For a farm requiring a reinspection 
50.28 	in addition to the required biannual inspections, an additional fee of $45 $100 per 
50.29 	reinspection must be paid by the processor or by the marketing organization on behalf 
50.30 	of its patrons.

50.31 	Sec. 79. Minnesota Statutes 2008, section 41A.09, subdivision 2a, is amended to read:
50.32 		Subd. 2a.Definitions. For the purposes of this section, the terms defined in this 
50.33 	subdivision have the meanings given them.
51.1 	(a) "Ethanol" means fermentation ethyl alcohol derived from agricultural products, 
51.2 	including potatoes, cereal grains, cheese whey, and sugar beets; forest products; or 
51.3 	other renewable resources, including residue and waste generated from the production, 
51.4 	processing, and marketing of agricultural products, forest products, and other renewable 
51.5 	resources, that:
51.6 	(1) meets all of the specifications in ASTM specification D4806-04a; and
51.7 	(2) is denatured as specified in Code of Federal Regulations, title 27, parts 20 and 21.
51.8 	(b) "Ethanol plant" means a plant at which ethanol is produced.
51.9 	(c) "Commissioner" means the commissioner of agriculture.
51.10 	(d) "Rural economic infrastructure" means the development of activities that 
51.11 	will enhance the value of agricultural crop or livestock commodities or by-products 
51.12 	or waste from farming operations through new and improved value-added conversion 
51.13 	processes and technologies, the development of more timely and efficient infrastructure 
51.14 	delivery systems, and the enhancement of marketing opportunities. "Rural economic 
51.15 	infrastructure" also means land, buildings, structures, fixtures, and improvements located 
51.16 	or to be located in Minnesota and used or operated primarily for the processing or the 
51.17 	support of production of marketable products from agricultural commodities or wind 
51.18 	energy produced in Minnesota.

51.19 	Sec. 80. Minnesota Statutes 2008, section 41A.09, subdivision 3a, is amended to read:
51.20 		Subd. 3a.Ethanol producer payments. (a) The commissioner shall make cash 
51.21 	payments to producers of ethanol located in the state that have begun production at a 
51.22 	specific location by June 30, 2000. For the purpose of this subdivision, an entity that holds 
51.23 	a controlling interest in more than one ethanol plant is considered a single producer. 
51.24 	The amount of the payment for each producer's annual production, except as provided 
51.25 	in paragraph (c), is 20 cents per gallon for each gallon of ethanol produced at a specific 
51.26 	location on or before June 30, 2000, or ten years after the start of production, whichever is 
51.27 	later. Annually, within 90 days of the end of its fiscal year, an ethanol producer receiving 
51.28 	payments under this subdivision must file a disclosure statement on a form provided by 
51.29 	the commissioner. The initial disclosure statement must include a summary description 
51.30 	of the organization of the business structure of the claimant, a listing of the percentages 
51.31 	of ownership by any person or other entity with an ownership interest of five percent or 
51.32 	greater, and a copy of its annual audited financial statements, including the auditor's report 
51.33 	and footnotes. The disclosure statement must include information demonstrating what 
51.34 	percentage of the entity receiving payments under this section is owned by farmers or 
51.35 	other entities eligible to farm or own agricultural land in Minnesota under the provisions 
52.1 	of section 500.24. Subsequent annual reports must reflect noncumulative changes in 
52.2 	ownership of ten percent or more of the entity. The report need not disclose the identity of 
52.3 	the persons or entities eligible to farm or own agricultural land with ownership interests, 
52.4 	individuals residing within 30 miles of the plant, or of any other entity with less than 
52.5 	ten percent ownership interest, but the claimant must retain information within its files 
52.6 	confirming the accuracy of the data provided. This data must be made available to the 
52.7 	commissioner upon request. Not later than the 15th day of February in each year the 
52.8 	commissioner shall deliver to the chairs of the standing committees of the senate and the 
52.9 	house of representatives that deal with agricultural policy and agricultural finance issues 
52.10 	an annual report summarizing aggregated data from plants receiving payments under this 
52.11 	section during the preceding calendar year. Audited financial statements and notes and 
52.12 	disclosure statements submitted to the commissioner are nonpublic data under section 
52.13 	13.02, subdivision 9. Notwithstanding the provisions of chapter 13 relating to nonpublic 
52.14 	data, summaries of the submitted audited financial reports and notes and disclosure 
52.15 	statements will be contained in the report to the committee chairs and will be public data.
52.16 	(b) No payments shall be made for ethanol production that occurs after June 30, 
52.17 	2010. A producer of ethanol shall not transfer the producer's eligibility for payments 
52.18 	under this section to an ethanol plant at a different location.
52.19 	(c) If the level of production at an ethanol plant increases due to an increase in the 
52.20 	production capacity of the plant, the payment under paragraph (a) applies to the additional 
52.21 	increment of production until ten years after the increased production began. Once a 
52.22 	plant's production capacity reaches 15,000,000 gallons per year, no additional increment 
52.23 	will qualify for the payment.
52.24 	(d) Total payments under paragraphs (a) and (c) to a producer in a fiscal year may 
52.25 	not exceed $3,000,000.
52.26 	(e) By the last day of October, January, April, and July, each producer shall file a 
52.27 	claim for payment for ethanol production during the preceding three calendar months. 
52.28 	A producer that files a claim under this subdivision shall include a statement of the 
52.29 	producer's total ethanol production in Minnesota during the quarter covered by the claim. 
52.30 	For each claim and statement of total ethanol production filed under this subdivision, 
52.31 	the volume of ethanol production must be examined by an independent certified public 
52.32 	accountant in accordance with standards established by the American Institute of Certified 
52.33 	Public Accountants.
52.34 	(f) Payments shall be made November 15, February 15, May 15, and August 15. A 
52.35 	separate payment shall be made for each claim filed. Except as provided in paragraph (g), 
52.36 	the total quarterly payment to a producer under this paragraph may not exceed $750,000.
53.1 	(g) Notwithstanding the quarterly payment limits of paragraph (f), the commissioner 
53.2 	shall make an additional payment in the fourth quarter of each fiscal year to ethanol 
53.3 	producers for the lesser of: (1) 20 cents per gallon of production in the fourth quarter of the 
53.4 	year that is greater than 3,750,000 gallons; or (2) the total amount of payments lost during 
53.5 	the first three quarters of the fiscal year due to plant outages, repair, or major maintenance. 
53.6 	Total payments to an ethanol producer in a fiscal year, including any payment under this 
53.7 	paragraph, must not exceed the total amount the producer is eligible to receive based on 
53.8 	the producer's approved production capacity. The provisions of this paragraph apply only 
53.9 	to production losses that occur in quarters beginning after December 31, 1999.
53.10 	(h) The commissioner shall reimburse ethanol producers for any deficiency in 
53.11 	payments during earlier quarters if the deficiency occurred because of unallotment or 
53.12 	because appropriated money was insufficient to make timely payments in the full amount 
53.13 	provided in paragraph (a). Notwithstanding the quarterly or annual payment limitations in 
53.14 	this subdivision, the commissioner shall begin making payments for earlier deficiencies in 
53.15 	each fiscal year that appropriations for ethanol payments exceed the amount required to 
53.16 	make eligible scheduled payments. Payments for earlier deficiencies must continue until 
53.17 	the deficiencies for each producer are paid in full, except the commissioner shall not make 
53.18 	a deficiency payment to an entity that no longer produces ethanol on a commercial scale 
53.19 	at the location for which the entity qualified for producer payments, or to an assignee of 
53.20 	the entity.
53.21 	(i) The commissioner may make direct payments to producers of rural economic 
53.22 	infrastructure provide financial assistance under the 21st century agricultural reinvestment 
53.23 	program in section 41A.12 with any amount of the annual appropriation for ethanol 
53.24 	producer payments and rural economic infrastructure that is in excess of the amount 
53.25 	required to make scheduled ethanol producer payments and deficiency payments under 
53.26 	paragraphs (a) to (h).

53.27 	Sec. 81. [41A.12] 21ST CENTURY AGRICULTURAL REINVESTMENT 
53.28 	PROGRAM.
53.29 		Subdivision 1.Establishment. The 21st century agricultural reinvestment program 
53.30 	is established in order to promote the advancement of the state's agricultural and renewable 
53.31 	energy industries.
53.32 		Subd. 2.Activities authorized. For the purposes of this program, the commissioner 
53.33 	may issue grants, loans, or other forms of financial assistance. Eligible activities include, 
53.34 	but are not limited to, grants to livestock producers under the livestock investment grant 
54.1 	program under section 17.118 and bioenergy awards made by the NextGen Energy Board 
54.2 	under section 41A.105.
54.3 		Subd. 3.Oversight. The commissioner, in consultation with the chairs and ranking 
54.4 	minority members of the house of representatives and senate committees with jurisdiction 
54.5 	over agriculture finance, must allocate available funds among eligible uses, develop 
54.6 	competitive eligibility criteria, and award funds on a needs basis.

54.7 	Sec. 82. Minnesota Statutes 2008, section 41B.039, subdivision 2, is amended to read:
54.8 		Subd. 2.State participation. The state may participate in a new real estate loan 
54.9 	with an eligible lender to a beginning farmer to the extent of 45 percent of the principal 
54.10 	amount of the loan or $200,000 $300,000, whichever is less. The interest rates and 
54.11 	repayment terms of the authority's participation interest may be different than the interest 
54.12 	rates and repayment terms of the lender's retained portion of the loan.

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

54.14 	Sec. 83. Minnesota Statutes 2008, section 41B.04, subdivision 8, is amended to read:
54.15 		Subd. 8.State's State participation. With respect to loans that are eligible for 
54.16 	restructuring under sections 41B.01 to 41B.23 and upon acceptance by the authority, 
54.17 	the authority shall enter into a participation agreement or other financial arrangement 
54.18 	whereby it shall participate in a restructured loan to the extent of 45 percent of the primary 
54.19 	principal or $225,000 $400,000, whichever is less. The authority's portion of the loan 
54.20 	must be protected during the authority's participation by the first mortgage held by the 
54.21 	eligible lender to the extent of its participation in the loan.

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

54.23 	Sec. 84. Minnesota Statutes 2008, section 41B.042, subdivision 4, is amended to read:
54.24 		Subd. 4.Participation limit; interest. The authority may participate in new 
54.25 	seller-sponsored loans to the extent of 45 percent of the principal amount of the loan or 
54.26 	$200,000 $300,000, whichever is less. The interest rates and repayment terms of the 
54.27 	authority's participation interest may be different than the interest rates and repayment 
54.28 	terms of the seller's retained portion of the loan.

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

54.30 	Sec. 85. Minnesota Statutes 2008, section 41B.043, subdivision 1b, is amended to read:
55.1 		Subd. 1b.Loan participation. The authority may participate in an agricultural 
55.2 	improvement loan with an eligible lender to a farmer who meets the requirements of 
55.3 	section 41B.03, subdivision 1, clauses (1) and (2), and who is actively engaged in farming. 
55.4 	Participation is limited to 45 percent of the principal amount of the loan or $200,000
55.5 	$300,000, whichever is less. The interest rates and repayment terms of the authority's 
55.6 	participation interest may be different than the interest rates and repayment terms of 
55.7 	the lender's retained portion of the loan.

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

55.9 	Sec. 86. Minnesota Statutes 2008, section 41B.045, subdivision 2, is amended to read:
55.10 		Subd. 2.Loan participation. The authority may participate in a livestock 
55.11 	expansion loan with an eligible lender to a livestock farmer who meets the requirements 
55.12 	of section 41B.03, subdivision 1, clauses (1) and (2), and who are actively engaged in 
55.13 	a livestock operation. A prospective borrower must have a total net worth, including 
55.14 	assets and liabilities of the borrower's spouse and dependents, of less than $660,000 in 
55.15 	2004 and an amount in subsequent years which is adjusted for inflation by multiplying 
55.16 	that amount by the cumulative inflation rate as determined by the United States All-Items 
55.17 	Consumer Price Index.
55.18 	Participation is limited to 45 percent of the principal amount of the loan or $275,000
55.19 	$400,000, whichever is less. The interest rates and repayment terms of the authority's 
55.20 	participation interest may be different from the interest rates and repayment terms of 
55.21 	the lender's retained portion of the loan.

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

55.23 	Sec. 87. Minnesota Statutes 2008, section 97A.045, subdivision 1, is amended to read:
55.24 		Subdivision 1.Duties; generally. (a) The commissioner shall do all things the 
55.25 	commissioner determines are necessary to preserve, protect, and propagate desirable 
55.26 	species of wild animals. The commissioner shall make special provisions for the 
55.27 	management of fish and wildlife to ensure recreational opportunities for anglers and 
55.28 	hunters. The commissioner shall acquire wild animals for breeding or stocking and may 
55.29 	dispose of or destroy undesirable or predatory wild animals and their dens, nests, houses, 
55.30 	or dams.
55.31 	(b) Notwithstanding chapters 17 and 35, the commissioner, in consultation with the 
55.32 	commissioner of agriculture and the executive director of the Board of Animal Health, 
55.33 	may capture or control nonnative or domestic animals that are released, have escaped, 
56.1 	or are otherwise running at large and causing damage to natural resources or agricultural 
56.2 	lands, or that are posing a threat to wildlife, domestic animals, or human health. The 
56.3 	commissioner may work with other agencies to assist in the capture or control and may 
56.4 	authorize persons to take such animals.

56.5 	Sec. 88. Minnesota Statutes 2008, section 239.791, subdivision 1, is amended to read:
56.6 		Subdivision 1.Minimum ethanol content required. (a) Except as provided in 
56.7 	subdivisions 10 to 14, a person responsible for the product shall ensure that all gasoline 
56.8 	sold or offered for sale in Minnesota must contain at least the quantity of ethanol required 
56.9 	by clause (1) or (2), whichever is greater:
56.10 	(1) 10.0 percent denatured ethanol by volume; or
56.11 	(2) the maximum percent of denatured ethanol by volume authorized in a waiver 
56.12 	granted by the United States Environmental Protection Agency under section 211(f)(4) of 
56.13 	the Clean Air Act, United States Code, title 42, section 7545, subsection (f), paragraph (4).
56.14 	(b) For purposes of enforcing the minimum ethanol requirement of paragraph (a), 
56.15 	a gasoline/ethanol blend will be construed to be in compliance if the ethanol content, 
56.16 	exclusive of denaturants and permitted contaminants, comprises not less than 9.2 percent 
56.17 	by volume and not more than 10.0 percent by volume of the blend as determined by an 
56.18 	appropriate United States Environmental Protection Agency or American Society of 
56.19 	Testing Materials standard method of analysis of alcohol/ether content in engine fuels.
56.20 	(c) The provisions of this subdivision are suspended during any period of time that 
56.21 	subdivision 1a, paragraph (a), is in effect.

56.22 	Sec. 89. Minnesota Statutes 2008, section 239.791, subdivision 1a, is amended to read:
56.23 		Subd. 1a.Minimum ethanol content required. (a) Except as provided in 
56.24 	subdivisions 10 to 14, on August 30, 2013, and thereafter, a person responsible for the 
56.25 	product shall ensure that all gasoline sold or offered for sale in Minnesota must contain at 
56.26 	least the quantity of ethanol required by clause (1) or (2), whichever is greater:
56.27 	(1) 20 percent denatured ethanol by volume; or
56.28 	(2) the maximum percent of denatured ethanol by volume authorized in a waiver 
56.29 	granted by the United States Environmental Protection Agency under section 211(f)(4) of 
56.30 	the Clean Air Act, United States Code, title 42, section 7545, subsection (f), paragraph (4).
56.31 	(b) For purposes of enforcing the minimum ethanol requirement of paragraph (a), 
56.32 	a gasoline/ethanol blend will be construed to be in compliance if the ethanol content, 
56.33 	exclusive of denaturants and permitted contaminants, comprises not less than 18.4 percent 
56.34 	by volume and not more than 20 percent by volume of the blend as determined by an 
57.1 	appropriate United States Environmental Protection Agency or American Society of 
57.2 	Testing Materials standard method of analysis of alcohol content in motor fuels.
57.3 	(c) No motor fuel shall be deemed to be a defective product by virtue of the fact 
57.4 	that the motor fuel is formulated or blended pursuant to the requirements of paragraph 
57.5 	(a) under any theory of liability except for simple or willful negligence or fraud. This 
57.6 	paragraph does not preclude an action for negligent, fraudulent, or willful acts. This 
57.7 	paragraph does not affect a person whose liability arises under chapter 115, water pollution 
57.8 	control; 115A, waste management; 115B, environmental response and liability; 115C, 
57.9 	leaking underground storage tanks; or 299J, pipeline safety; under public nuisance law 
57.10 	for damage to the environment or the public health; under any other environmental or 
57.11 	public health law; or under any environmental or public health ordinance or program of a 
57.12 	municipality as defined in section 466.01.
57.13 	(d) This subdivision expires on December 31, 2010, if by that date:
57.14 	(1) the commissioner of agriculture certifies and publishes the certification in 
57.15 	the State Register that at least 20 percent of the volume of gasoline sold in the state 
57.16 	is denatured ethanol; or
57.17 	(2) federal approval has not been granted for the use of E20 as gasoline. The United 
57.18 	States Environmental Protection Agency's failure to act on an application shall not be 
57.19 	deemed approval of the use of E20, or a waiver under section 211(f)(4) of the Clean Air 
57.20 	Act, United States Code, title 42, section 7545, subsection (f), paragraph (4).

57.21 	Sec. 90. Minnesota Statutes 2008, section 336.9-601, is amended to read:
57.22 	336.9-601 RIGHTS AFTER DEFAULT; JUDICIAL ENFORCEMENT; 
57.23 	CONSIGNOR OR BUYER OF ACCOUNTS, CHATTEL PAPER, PAYMENT 
57.24 	INTANGIBLES, OR PROMISSORY NOTES.
57.25 	(a)  Rights of secured party after default. After default, a secured party has the 
57.26 	rights provided in this part and, except as otherwise provided in section 336.9-602, those 
57.27 	provided by agreement of the parties. A secured party: 
57.28 	(1) may reduce a claim to judgment, foreclose, or otherwise enforce the claim, 
57.29 	security interest, or agricultural lien by any available judicial procedure; and
57.30 	(2) if the collateral is documents, may proceed either as to the documents or as 
57.31 	to the goods they cover.
57.32 	(b)  Rights and duties of secured party in possession or control. A secured party 
57.33 	in possession of collateral or control of collateral under section 336.7-106, 336.9-104, 
57.34 	336.9-105, 336.9-106, or 336.9-107 has the rights and duties provided in section 
57.35 	336.9-207. 
58.1 	(c)  Rights cumulative; simultaneous exercise. The rights under subsections (a) 
58.2 	and (b) are cumulative and may be exercised simultaneously. 
58.3 	(d)  Rights of debtor and obligor. Except as otherwise provided in subsection (g) 
58.4 	and section 336.9-605, after default, a debtor and an obligor have the rights provided in 
58.5 	this part and by agreement of the parties. 
58.6 	(e)  Lien of levy after judgment. If a secured party has reduced its claim to 
58.7 	judgment, the lien of any levy that may be made upon the collateral by virtue of an 
58.8 	execution based upon the judgment relates back to the earliest of: 
58.9 	(1) the date of perfection of the security interest or agricultural lien in the collateral;
58.10 	(2) the date of filing a financing statement covering the collateral; or
58.11 	(3) any date specified in a statute under which the agricultural lien was created.
58.12 	(f)  Execution sale. A sale pursuant to an execution is a foreclosure of the security 
58.13 	interest or agricultural lien by judicial procedure within the meaning of this section. A 
58.14 	secured party may purchase at the sale and thereafter hold the collateral free of any other 
58.15 	requirements of this article. 
58.16 	(g)  Consignor or buyer of certain rights to payment. Except as otherwise 
58.17 	provided in section 336.9-607(c), this part imposes no duties upon a secured party that is 
58.18 	a consignor or is a buyer of accounts, chattel paper, payment intangibles, or promissory 
58.19 	notes. 
58.20 	(h) Security interest in collateral that is agricultural property; enforcement. A 
58.21 	person may not begin to enforce a security interest in collateral that is agricultural property 
58.22 	subject to sections 583.20 to 583.32 that has secured a debt of more than $5,000 unless: a 
58.23 	mediation notice under subsection (i) is served on the debtor after a condition of default 
58.24 	has occurred in the security agreement and a copy served on the director of the agricultural 
58.25 	extension service; and the debtor and creditor have completed mediation under sections 
58.26 	583.20 to 583.32; or as otherwise allowed under sections 583.20 to 583.32. 
58.27 	(i) Mediation notice. A mediation notice under subsection (h) must contain the 
58.28 	following notice with the blanks properly filled in.
58.29 	"TO: ...(Name of Debtor)...
58.30 	YOU HAVE DEFAULTED ON THE ...(Debt in Default)... SECURED BY 
58.31 	AGRICULTURAL PROPERTY DESCRIBED AS ...(Reasonable Description of 
58.32 	Agricultural Property Collateral).... THE AMOUNT OF THE OUTSTANDING DEBT 
58.33 	IS ...(Amount of Debt)...
58.34 	AS A SECURED PARTY, ...(Name of Secured Party)... INTENDS TO ENFORCE 
58.35 	THE SECURITY AGREEMENT AGAINST THE AGRICULTURAL PROPERTY 
59.1 	DESCRIBED ABOVE BY REPOSSESSING, FORECLOSING ON, OR OBTAINING 
59.2 	A COURT JUDGMENT AGAINST THE PROPERTY.
59.3 	YOU HAVE THE RIGHT TO HAVE THE DEBT REVIEWED FOR MEDIATION. 
59.4 	IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT WILL BE 
59.5 	MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION, THIS DEBT 
59.6 	WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED PARTY 
59.7 	ENFORCES THE DEBT.
59.8 	IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE 
59.9 	AGRICULTURAL EXTENSION SERVICE WILL PROVIDE AN ORIENTATION 
59.10 	MEETING AND A FINANCIAL ANALYST TO HELP YOU TO PREPARE 
59.11 	FINANCIAL INFORMATION. IF YOU DECIDE TO PARTICIPATE IN MEDIATION, 
59.12 	IT WILL BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE 
59.13 	AND OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION 
59.14 	OFFICE AS SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT 
59.15 	AN AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.
59.16 	TO HAVE THE DEBT REVIEWED FOR MEDIATION YOU MUST FILE A 
59.17 	MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 DAYS AFTER YOU 
59.18 	RECEIVE THIS NOTICE. THE MEDIATION REQUEST FORM IS AVAILABLE AT 
59.19 	ANY COUNTY RECORDER'S OR COUNTY EXTENSION OFFICE.
59.20 	FROM: ...(Name and Address of Secured Party)..."

59.21 	Sec. 91. Minnesota Statutes 2008, section 343.11, is amended to read:
59.22 	343.11 ACQUISITION OF PROPERTY, APPROPRIATIONS.
59.23 	Every county and district society for the prevention of cruelty to animals may 
59.24 	acquire, by purchase, gift, grant, or devise, and hold, use, or convey, real estate and 
59.25 	personal property, and lease, mortgage, sell, or use the same in any manner conducive to 
59.26 	its interest, to the same extent as natural persons. The county board of any county, or the 
59.27 	council of any city, in which such societies exist, may, in its discretion, appropriate for the 
59.28 	maintenance and support of such societies in the transaction of the work for which they are 
59.29 	organized, any sums of money not otherwise appropriated, not to exceed in any one year 
59.30 	the sum of $4,800 or the sum of $1 per capita based upon the county's or city's population 
59.31 	as of the most recent federal census, whichever is greater; provided, that no part of the 
59.32 	appropriation shall be expended for the payment of the salary of any officer of the society.

59.33 	Sec. 92. Minnesota Statutes 2008, section 550.365, subdivision 2, is amended to read:
60.1 		Subd. 2.Contents. A mediation notice must contain the following notice with the 
60.2 	blanks properly filled in.
60.3 	"TO: ....(Name of Judgment Debtor)....
60.4 	A JUDGMENT WAS ORDERED AGAINST YOU BY ....(Name of Court).... 
60.5 	ON ....(Date of Judgment).
60.6 	AS A JUDGMENT CREDITOR, ....(Name of Judgment Creditor).... INTENDS 
60.7 	TO TAKE ACTION AGAINST THE AGRICULTURAL PROPERTY DESCRIBED AS 
60.8 	....(Description of Agricultural Property).... TO SATISFY THE JUDGMENT IN THE 
60.9 	AMOUNT OF ....(Amount of Debt)....
60.10 	YOU HAVE THE RIGHT TO HAVE THE DEBT REVIEWED FOR MEDIATION. 
60.11 	IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT WILL BE 
60.12 	MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION, THIS DEBT 
60.13 	WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED PARTY 
60.14 	ENFORCES THE DEBT.
60.15 	IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE 
60.16 	AGRICULTURAL EXTENSION SERVICE WILL PROVIDE AN ORIENTATION 
60.17 	MEETING AND A FINANCIAL ANALYST TO HELP YOU PREPARE FINANCIAL 
60.18 	INFORMATION. IF YOU DECIDE TO PARTICIPATE IN MEDIATION, IT WILL 
60.19 	BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE AND 
60.20 	OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION OFFICE 
60.21 	AS SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT AN 
60.22 	AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.
60.23 	TO HAVE THE DEBT REVIEWED FOR MEDIATION YOU MUST FILE A 
60.24 	MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 DAYS AFTER YOU 
60.25 	RECEIVE THIS NOTICE. THE MEDIATION REQUEST FORM IS AVAILABLE AT 
60.26 	ANY COUNTY RECORDER'S OR COUNTY EXTENSION OFFICE.
60.27 	FROM: ....(Name and Address of Judgment Creditor)...."

60.28 	Sec. 93. Minnesota Statutes 2008, section 559.209, subdivision 2, is amended to read:
60.29 		Subd. 2.Contents. A mediation notice must contain the following notice with the 
60.30 	blanks properly filled in.
60.31 	"TO: ....(Name of Contract for Deed Purchaser)....
60.32 	YOU HAVE DEFAULTED ON THE CONTRACT FOR DEED OF THE 
60.33 	AGRICULTURAL PROPERTY DESCRIBED AS ....(Size and Reasonable Location of 
60.34 	Property, Not Legal Description)..... THE AMOUNT OF THE OUTSTANDING DEBT 
60.35 	IS ....(Amount of Debt)....
61.1 	AS THE CONTRACT FOR DEED VENDOR, ....(Contract for Deed Vendor).... 
61.2 	INTENDS TO TERMINATE THE CONTRACT AND TAKE BACK THE PROPERTY.
61.3 	YOU HAVE THE RIGHT TO HAVE THE CONTRACT FOR DEED DEBT 
61.4 	REVIEWED FOR MEDIATION. IF YOU REQUEST MEDIATION, A DEBT THAT 
61.5 	IS IN DEFAULT WILL BE MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST 
61.6 	MEDIATION, THIS DEBT WILL NOT BE SUBJECT TO FUTURE MEDIATION IF 
61.7 	THE CONTRACT FOR DEED VENDOR BEGINS REMEDIES TO ENFORCE THE 
61.8 	DEBT.
61.9 	IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE 
61.10 	AGRICULTURAL EXTENSION SERVICE WILL PROVIDE AN ORIENTATION 
61.11 	MEETING AND A FINANCIAL ANALYST TO HELP YOU PREPARE FINANCIAL 
61.12 	INFORMATION. IF YOU DECIDE TO PARTICIPATE IN MEDIATION, IT WILL 
61.13 	BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE AND 
61.14 	OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION OFFICE 
61.15 	AS SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT AN 
61.16 	AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.
61.17 	TO HAVE THE CONTRACT FOR DEED DEBT REVIEWED FOR MEDIATION 
61.18 	YOU MUST FILE A MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 
61.19 	DAYS AFTER YOU RECEIVE THE NOTICE. THE MEDIATION REQUEST FORM IS 
61.20 	AVAILABLE AT ANY COUNTY EXTENSION OFFICE.
61.21 	FROM: ....(Name and Address of Contract for Deed Vendor)...."

61.22 	Sec. 94. Minnesota Statutes 2008, section 582.039, subdivision 2, is amended to read:
61.23 		Subd. 2.Contents. A mediation notice must contain the following notice with the 
61.24 	blanks properly filled in.
61.25 	"TO: ....(Name of Record Owner)....
61.26 	YOU HAVE DEFAULTED ON THE MORTGAGE OF THE AGRICULTURAL 
61.27 	PROPERTY DESCRIBED AS ....(Size and Reasonable Location, Not Legal 
61.28 	Description)..... THE AMOUNT OF THE OUTSTANDING DEBT ON THIS 
61.29 	PROPERTY IS ....(Amount of Debt)....
61.30 	AS HOLDER OF THE MORTGAGE, ....(Name of Holder of Mortgage).... 
61.31 	INTENDS TO FORECLOSE ON THE PROPERTY DESCRIBED ABOVE.
61.32 	YOU HAVE THE RIGHT TO HAVE THE MORTGAGE DEBT REVIEWED FOR 
61.33 	MEDIATION. IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT 
61.34 	WILL BE MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION, 
62.1 	THIS DEBT WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED 
62.2 	PARTY ENFORCES THE DEBT.
62.3 	IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE 
62.4 	AGRICULTURAL EXTENSION SERVICE WILL PROVIDE AN ORIENTATION 
62.5 	MEETING AND A FINANCIAL ANALYST TO HELP YOU PREPARE FINANCIAL 
62.6 	INFORMATION. IF YOU DECIDE TO PARTICIPATE IN MEDIATION, IT WILL 
62.7 	BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE AND 
62.8 	OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION OFFICE 
62.9 	AS SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT AN 
62.10 	AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.
62.11 	TO HAVE THE MORTGAGE DEBT REVIEWED FOR MEDIATION YOU MUST 
62.12 	FILE A MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 DAYS AFTER 
62.13 	YOU RECEIVE THIS NOTICE. THE MEDIATION REQUEST FORM IS AVAILABLE 
62.14 	AT ANY COUNTY RECORDER'S OR COUNTY EXTENSION OFFICE.
62.15 	FROM: ....(Name and Address of Holder of Mortgage)...."

62.16 	Sec. 95. Minnesota Statutes 2008, section 583.215, is amended to read:
62.17 	583.215 EXPIRATION.
62.18 	(a) Sections 336.9-601, subsections (h) and (i); 550.365; 559.209; 582.039; and 
62.19 	583.20 to 583.32, expire June 30, 2009 2013.
62.20 	(b) Laws 1986, chapter 398, article 1, section 18, as amended, is repealed.

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

62.22 	Sec. 96. HUMAN RESOURCES.
 62.23 	For fiscal years 2010 and 2011, the Department of Agriculture, Board of Animal 
62.24 	Health, and Agricultural Utilization Research Institute may not use funds appropriated 
62.25 	in sections 1 to 5 or statutorily appropriated from the agricultural fund to directly or 
62.26 	indirectly pay for the services of staff in the Office of the Governor.

62.27 	Sec. 97. BOVINE TUBERCULOSIS CONTROL ASSESSMENT; TEMPORARY 
62.28 	ASSESSMENT; APPROPRIATION.
 62.29 	(a) From January 1, 2009, to December 31, 2009, a person who purchases cattle that 
62.30 	were raised or fed within this state shall collect a bovine tuberculosis control assessment of 
62.31 	$1 per head from the seller and shall submit all assessments collected to the commissioner 
62.32 	of agriculture at least once every 30 days. If cattle that were raised or fed within this state 
63.1 	are sold outside of the state and the assessment is not collected by the purchaser, the 
63.2 	seller is responsible for submitting the assessment to the commissioner. For the purposes 
63.3 	of this section, "a person who purchases cattle that were raised or fed within this state" 
63.4 	includes the first purchaser, as defined in Minnesota Statutes, section 17.53, subdivision 8, 
63.5 	paragraph (a), and any subsequent purchaser of the living animal.
63.6 	(b) Money collected under this section shall be deposited in an account in the special 
63.7 	revenue fund and is appropriated to the Board of Animal Health for bovine tuberculosis 
63.8 	control activities.
63.9 	(c) Notwithstanding paragraph (a), a person may not collect a bovine tuberculosis 
63.10 	control assessment from a person whose cattle operation is located within a modified 
63.11 	accredited zone established under Minnesota Statutes, section 35.244, unless the cattle 
63.12 	owner voluntarily pays the assessment. The commissioner of agriculture shall publish and 
63.13 	make available a list of cattle producers exempt under this paragraph.
63.14 	(d) This section may be enforced under Minnesota Statutes, sections 17.982 to 
63.15 	17.984.

63.16 	EFFECTIVE DATE. This section is effective the day following final enactment 
63.17 	and applies retroactively to cattle purchased on or after January 1, 2009.

63.18 	Sec. 98. BIOFUEL STUDY; REPORT.
 63.19 	The commissioner of agriculture must study the economic and technological 
63.20 	feasibility of producing ethanol from whey. No later than May 1, 2010, the commissioner 
63.21 	of agriculture must report findings to the legislative committees with jurisdiction over 
63.22 	agriculture policy and finance.

63.23 	Sec. 99. GREEN JOBS FOOD PRODUCTION STUDY; REPORT.
 63.24 	The Board of the Agricultural Utilization Research Institute must prepare a detailed 
63.25 	study of this state's food production sector in coordination with the Minnesota State 
63.26 	Colleges and Universities; urban, rural, and tribal community-based agriculture and food 
63.27 	security organizations; members of the legislature with service on committees created by 
63.28 	the Green Jobs Task Force; and other interested stakeholders. The study must define 
63.29 	the size of the employment base and identify opportunities to increase the number of 
63.30 	green jobs in each of the following sector segments: organics and organic value-added 
63.31 	processing and local, conventional, natural, traditional, and urban farming. No later than 
63.32 	January 15, 2010, the Board of the Agricultural Utilization Research Institute must report 
63.33 	its findings to the legislative committees with jurisdiction over employment and economic 
63.34 	development policy or finance or agriculture finance.

64.1 	Sec. 100. PILOT FOOD PROJECTS; REPORT.
 64.2 	The commissioner of agriculture must solicit proposals and fund farm-to-school 
64.3 	or farm-to-home pilot projects that encourage healthy eating for children, foster 
64.4 	farm-to-consumer connections, and strengthen local economies. The commissioner must 
64.5 	develop selection criteria in consultation with the chairs of the legislative committees with 
64.6 	jurisdiction over agriculture finance and a representative of the University of Minnesota's 
64.7 	farm-to-school project. The commissioner must select one project from each of the 
64.8 	following areas of the state: a rural area, a tribal area, an urban core area, and a suburban 
64.9 	area. No later than January 15, 2010, the commissioner must provide a program report 
64.10 	and recommendations to the legislative committees with jurisdiction over agriculture 
64.11 	policy or finance.

64.12 	Sec. 101. FEDERAL STIMULUS FUNDING.
 64.13 	The commissioner of agriculture must apply for funding available to the state 
64.14 	through the federal American Recovery and Reinvestment Act of 2009, Public Law 111-5, 
64.15 	for areas under the purview of the commissioner including but not limited to agriculture 
64.16 	and rural development, bioenergy, food safety, farm-to-school and related nutrition 
64.17 	programs, and the development of local and regional food systems.

64.18 	Sec. 102. REPORT ON MINNESOTA PROCESSED FOODS LABELING.
 64.19 	(a) The commissioner of agriculture must consult with Minnesota food processors 
64.20 	and retailers regarding the development of labeling that identifies food products processed 
64.21 	in this state. The commissioner must consult with interested parties including, but not 
64.22 	limited to, the following organizations:
64.23 	(1) at least four food processor industry representatives who represent different 
64.24 	business sizes and product categories;
64.25 	(2) at least two food retailers of which at least one must have retail store locations 
64.26 	located outside of the Twin Cities metropolitan area;
64.27 	(3) two representatives of the Department of Agriculture, one who works with the 
64.28 	Minnesota grown program and one who works with the processed foods program;
64.29 	(4) one representative of the Agricultural Utilization Research Institute; and
64.30 	(5) two representatives of statewide agricultural producer groups.
64.31 	(b) No later than March 31, 2010, the commissioner must report findings and 
64.32 	recommendations to the legislative committees with jurisdiction over agriculture policy 
64.33 	and finance. The report should include an assessment of the level of food processor interest 
64.34 	in developing a trademarked logo or labeling statement as well as recommendations 
65.1 	regarding program funding options, product eligibility criteria, and coordination with 
65.2 	existing labeling and promotion programs and resources.

65.3 	Sec. 103. FERAL SWINE REPORT.
 65.4 	The commissioner of natural resources, in coordination with the commissioner of 
65.5 	agriculture and the executive director of the Board of Animal Health, must develop a 
65.6 	report and recommend any necessary changes to state policies, authorities, and penalties 
65.7 	related to feral swine and other nonnative or domestic animals released, that have 
65.8 	escaped, or that are otherwise running at large. The agencies must consult with interested 
65.9 	stakeholders. No later than January 15, 2010, the commissioner of natural resources must 
65.10 	submit the report to the legislative committees with jurisdiction over natural resources 
65.11 	or agriculture policy or finance.

65.12 	Sec. 104. DEADLINE FOR APPOINTMENTS.
 65.13 	The commissioner of agriculture must complete the appointments required under 
65.14 	Minnesota Statutes, section 18.91, by September 1, 2009. The commissioner or the 
65.15 	commissioner's designee shall convene the first meeting of the committee no later than 
65.16 	October 1, 2009.

65.17 	Sec. 105. APPROPRIATION MODIFICATION.
 65.18 	(a) Notwithstanding Minnesota Statutes, section 35.085, the Board of Animal Health 
65.19 	may make onetime grants to certain beef cattle producers participating in the bovine 
65.20 	tuberculosis herd buyout authorized in Minnesota Statutes, section 35.086, from the 
65.21 	$100,000 appropriation for reimbursements in Laws 2007, chapter 45, article 1, section 4.
65.22 	(b) A buyout participant is eligible for payment under this section if the Board of 
65.23 	Animal Health quarantined the participant's herd and required the participant to sell young 
65.24 	cattle at slaughter rather than as feeder cattle.
65.25 	(c) For each head of cattle sold at slaughter under paragraph (b), the Board of 
65.26 	Animal Health must pay the difference between the fair market feeder cattle value at the 
65.27 	time of sale, as determined by the Board of Animal Health, and the documented slaughter 
65.28 	price received by the participant.

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

65.30 	Sec. 106. UNUSED OFFICE SPACE.
 65.31 	The commissioner of agriculture, in consultation with the commissioner of 
65.32 	administration, must actively seek tenants to rent vacant or unused space in the Freeman 
66.1 	Building. The commissioner of agriculture must notify entities that receive state funding 
66.2 	of the amount and type of space available, the rental rate, and other lease terms. No 
66.3 	later than February 1, 2011, the commissioner of agriculture must report actions taken 
66.4 	and outcomes achieved under this section to the legislative committees with jurisdiction 
66.5 	over agriculture finance. Any revenue raised under this section is appropriated to the 
66.6 	commissioner of agriculture to award grants to livestock producers under the 21st Century 
66.7 	agricultural reinvestment program in Minnesota Statutes, section 41A.12.

66.8 	Sec. 107.  REPEALER.
 66.9 	Minnesota Statutes 2008, sections 17.49, subdivision 3; 18G.12, subdivision 5; 
66.10 	38.02, subdivisions 3 and 4; 41.51; 41.52; 41.53; 41.55; 41.56; 41.57; 41.58, subdivisions 
66.11 	1 and 2; 41.59, subdivision 1; 41.60; 41.61, subdivision 1; 41.62; 41.63; and 41.65, and 
66.12 	Minnesota Rules, part 1505.0820, are repealed.

66.13 	ARTICLE 2
66.14 	RURAL FINANCE AUTHORITY

66.15 	Section 1. RURAL FINANCE AUTHORITY; APPROPRIATION.
 66.16 		Subdivision 1.Appropriation. $35,000,000 is appropriated from the bond proceeds 
66.17 	fund to the commissioner of agriculture, as chair of the Board of the Rural Finance 
66.18 	Authority, to purchase participation interests in or to make direct agricultural loans 
66.19 	to farmers under Minnesota Statutes, chapter 41B, as authorized by the Minnesota 
66.20 	Constitution, article XI, section 5, clause (h). This appropriation is for the beginning 
66.21 	farmer program under Minnesota Statutes, section 41B.039; the loan restructuring 
66.22 	program under Minnesota Statutes, section 41B.04; the seller-sponsored program under 
66.23 	Minnesota Statutes, section 41B.042; the agricultural improvement loan program under 
66.24 	Minnesota Statutes, section 41B.043; and the livestock expansion loan program under 
66.25 	Minnesota Statutes, section 41B.045. All debt service on bond proceeds used to finance 
66.26 	this appropriation must be repaid by the Rural Finance Authority under Minnesota 
66.27 	Statutes, section 16A.643. Loan participations must be priced to provide full interest and 
66.28 	principal coverage and a reserve for potential losses. Priority for loans must be given 
66.29 	first, to basic beginning farmer loans; second, to seller-sponsored loans; and third, to 
66.30 	agricultural improvement loans.
66.31 		Subd. 2.Bond sale. To provide the money appropriated in this section from the 
66.32 	bond proceeds fund, the commissioner of finance shall sell and issue bonds of the state in 
66.33 	an amount up to $35,000,000 in the manner, upon the terms, and with the effect prescribed 
67.1 	by Minnesota Statutes, sections 16A.631 to 16A.675, and by the Minnesota Constitution, 
67.2 	article XI, sections 4 to 7.
67.3 		Subd. 3.Notice. If the appropriations in this section are enacted more than once in 
67.4 	the 2009 regular legislative session, these appropriations must be given effect only once.

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

67.6 	ARTICLE 3
67.7 	VETERANS AFFAIRS

67.8	Section 1. VETERANS AFFAIRS.
 	
67.9 	The sums shown in the columns marked "Appropriations" are appropriated to the 
67.10 	agencies and for the purposes specified in this article. The appropriations are from the 
67.11 	general fund and are available for the fiscal years indicated for each purpose. The figures 
67.12 	"2010" and "2011" used in this article mean that the appropriations listed under them are 
67.13 	available for the fiscal year ending June 30, 2010, or June 30, 2011, respectively. "The 
67.14 	first year" is fiscal year 2010. "The second year" is fiscal year 2011. "The biennium" is 
67.15 	fiscal years 2010 and 2011.

67.16				APPROPRIATIONS
	
67.17				Available for the Year
	
67.18				Ending June 30
	
67.19					2010
		2011

67.20	Sec. 2. VETERANS AFFAIRS

67.21	Subdivision 1.Total Appropriation
 	$
	59,742,000
	$
	58,807,000

67.22	Subd. 2.Veterans Services
 		15,896,000
		15,896,000
	
67.23 	Of this amount, $500,000 in fiscal year 2010 
67.24 	and $500,000 in fiscal year 2011 are to be 
67.25 	used to continue working on the merger of 
67.26 	the Department of Veterans Affairs computer 
67.27 	system and the former Veterans Homes 
67.28 	Board computer system.
67.29 	Minnesota GI Bill. $1,450,000 each year 
67.30 	is for the Minnesota GI Bill program in 
67.31 	Minnesota Statutes, section 197.791. Of 
67.32 	this amount, $100,000 each year must be 
68.1 	transferred to the Office of Higher Education 
68.2 	for use in administering the GI Bill program.
68.3 	Veterans Service Organization Grants.
68.4 	$353,000 each year is for grants to the 
68.5 	following congressionally chartered veterans 
68.6 	service organizations, as designated by the 
68.7 	commissioner: Disabled American Veterans, 
68.8 	Military Order of the Purple Heart, the 
68.9 	American Legion, Veterans of Foreign Wars, 
68.10 	Vietnam Veterans of America, AMVETS, 
68.11 	and Paralyzed Veterans of America. This 
68.12 	funding must be allocated in direct proportion 
68.13 	to the funding currently being provided by 
68.14 	the commissioner to these organizations.
68.15 	Homeless Veterans. $480,000 each year 
68.16 	is in addition to the base and is a onetime 
68.17 	appropriation for a grant to the Minnesota 
68.18 	Assistance Council for Veterans (MACV) 
68.19 	to provide assistance throughout Minnesota 
68.20 	to veterans and their families who are 
68.21 	homeless or in danger of homelessness, 
68.22 	including housing, utility, employment, and 
68.23 	legal assistance, according to guidelines 
68.24 	established by the commissioner. In 
68.25 	order to avoid duplication of services, 
68.26 	the commissioner must ensure that this 
68.27 	assistance will be coordinated with all other 
68.28 	available programs for veterans.
68.29 	State Soldiers Assistance Fund. $50,000 
68.30 	each year is for an increase in the State 
68.31 	Soldiers Assistance Fund Program. This is a 
68.32 	onetime appropriation.

68.33	Subd. 3.Veterans Homes
 		43,846,000
		42,911,000
	
68.34 	Veterans Homes Special Revenue Account.
68.35 	The general fund appropriations made to 
69.1 	the department may be transferred to a 
69.2 	veterans homes special revenue account in 
69.3 	the special revenue fund in the same manner 
69.4 	as other receipts are deposited according 
69.5 	to Minnesota Statutes, section 198.34, and 
69.6 	are appropriated to the department for the 
69.7 	operation of veterans homes facilities and 
69.8 	programs.
69.9 	Repair and Betterment. Of this 
69.10 	appropriation, $1,435,000 in fiscal year 
69.11 	2010 and $500,000 in fiscal year 2011 
69.12 	are to be used for repair, maintenance, 
69.13 	rehabilitation, and betterment activities at 
69.14 	facilities statewide.
69.15 	Hastings Veterans Home. $220,000 each 
69.16 	year is for increases in the mental health 
69.17 	program at the Hastings Veterans Home.
69.18 	Food and Pharmaceuticals. $600,000 
69.19 	each year is for increases in food and 
69.20 	pharmaceutical costs at the Minnesota 
69.21 	veterans homes. This is a onetime 
69.22 	appropriation.
69.23 	Fuel and Utilities. $435,000 each year is 
69.24 	for  increases in fuel and utility costs at the 
69.25 	Minnesota veterans homes. This is a onetime 
69.26 	appropriation.

69.27 	Sec. 3. Minnesota Statutes 2008, section 43A.11, subdivision 7, is amended to read:
69.28 		Subd. 7.Ranking of veterans. Applicants who meet the minimum qualifications 
69.29 	for a vacant position and claim disabled veteran's preference shall be listed in the applicant 
69.30 	pool ahead of all other applicants. Applicants who meet the minimum qualifications for a 
69.31 	vacant position and claim nondisabled veteran's preference shall be listed in the applicant 
69.32 	pool after those claiming disabled veteran's preference and ahead of nonveterans. Each 
69.33 	recently separated veteran who meets minimum qualifications for a vacant position and 
70.1 	has claimed a veterans or disabled veterans preference must be granted an interview for 
70.2 	the position by the hiring authority.
70.3 	The term "recently separated veteran" means a veteran, as defined in section 
70.4 	197.447, who has served in active military service, at any time on or after September 
70.5 	11, 2001, and who has been honorably discharged from active service, as shown by the 
70.6 	person's form DD-214.

70.7 	EFFECTIVE DATE. This section is effective July 1, 2009, and applies to all 
70.8 	appointments made on or after that date.

70.9 	Sec. 4. Minnesota Statutes 2008, section 43A.23, subdivision 1, is amended to read:
70.10 		Subdivision 1.General. (a) The commissioner is authorized to request proposals 
70.11 	or to negotiate and to enter into contracts with parties which in the judgment of the 
70.12 	commissioner are best qualified to provide service to the benefit plans. Contracts entered 
70.13 	into are not subject to the requirements of sections 16C.16 to 16C.19. The commissioner 
70.14 	may negotiate premium rates and coverage. The commissioner shall consider the cost of 
70.15 	the plans, conversion options relating to the contracts, service capabilities, character, 
70.16 	financial position, and reputation of the carriers, and any other factors which the 
70.17 	commissioner deems appropriate. Each benefit contract must be for a uniform term of at 
70.18 	least one year, but may be made automatically renewable from term to term in the absence 
70.19 	of notice of termination by either party. A carrier licensed under chapter 62A is exempt 
70.20 	from the taxes imposed by chapter 297I on premiums paid to it by the state.
70.21 	(b) All self-insured hospital and medical service products must comply with coverage 
70.22 	mandates, data reporting, and consumer protection requirements applicable to the licensed 
70.23 	carrier administering the product, had the product been insured, including chapters 62J, 
70.24 	62M, and 62Q. Any self-insured products that limit coverage to a network of providers 
70.25 	or provide different levels of coverage between network and nonnetwork providers shall 
70.26 	comply with section 62D.123 and geographic access standards for health maintenance 
70.27 	organizations adopted by the commissioner of health in rule under chapter 62D.
70.28 	(c) Notwithstanding paragraph (b), a self-insured hospital and medical product 
70.29 	offered under sections 43A.22 to 43A.30 is not required to extend dependent coverage to 
70.30 	an eligible employee's unmarried child under the age of 25 to the full extent required under 
70.31 	chapters 62A and 62L. Dependent coverage must, at a minimum, extend to an eligible 
70.32 	employee's unmarried child who is under the age of 19 or an unmarried child under the 
70.33 	age of 25 who is a full-time student. A person who is at least 19 years of age but who is 
70.34 	under the age of 25 and who is not a full-time student must be permitted to be enrolled as 
70.35 	a dependent of an eligible employee until age 25 if the person:
71.1 	(1) was a full-time student immediately prior to being ordered into active military 
71.2 	service, as defined in section 190.05, subdivision 5b or 5c;
71.3 	(2) has been separated or discharged from active military service; and
71.4 	(3) would be eligible to enroll as a dependent of an eligible employee, except that 
71.5 	the person is not a full-time student.
71.6 	The definition of "full-time student" for purposes of this paragraph includes any student 
71.7 	who by reason of illness, injury, or physical or mental disability as documented by 
71.8 	a physician is unable to carry what the educational institution considers a full-time 
71.9 	course load so long as the student's course load is at least 60 percent of what otherwise 
71.10 	is considered by the institution to be a full-time course load. Any notice regarding 
71.11 	termination of coverage due to attainment of the limiting age must include information 
71.12 	about this definition of "full-time student."
71.13 	(d) Beginning January 1, 2010, the health insurance benefit plans offered in the 
71.14 	commissioner's plan under section 43A.18, subdivision 2, and the managerial plan under 
71.15 	section 43A.18, subdivision 3, must include an option for a health plan that is compatible 
71.16 	with the definition of a high-deductible health plan in section 223 of the United States 
71.17 	Internal Revenue Code.

71.18 	EFFECTIVE DATE. This section is effective the day following final enactment 
71.19 	and applies to persons separated or discharged from active military service before, on, or 
71.20 	after that date.

71.21 	Sec. 5. Minnesota Statutes 2008, section 171.06, subdivision 3, is amended to read:
71.22 		Subd. 3. Contents of application; other information. (a) An application must:
71.23 	(1) state the full name, date of birth, sex, and either (i) the residence address of the 
71.24 	applicant, or (ii) designated address under section 5B.05;
71.25 	(2) as may be required by the commissioner, contain a description of the applicant 
71.26 	and any other facts pertaining to the applicant, the applicant's driving privileges, and the 
71.27 	applicant's ability to operate a motor vehicle with safety;
71.28 	(3) state:
71.29 	(i) the applicant's Social Security number; or
71.30 	(ii) if the applicant does not have a Social Security number and is applying for a 
71.31 	Minnesota identification card, instruction permit, or class D provisional or driver's license, 
71.32 	that the applicant certifies that the applicant does not have a Social Security number;
71.33 	(4) contain a space where the applicant may indicate a desire to make an anatomical 
71.34 	gift according to paragraph (b); and
72.1 	(5) contain a notification to the applicant of the availability of a living will/health 
72.2 	care directive designation on the license under section 171.07, subdivision 7; and
72.3 	(6) contain a space where the applicant may request a veteran designation on the 
72.4 	license under section 171.07, subdivision 15, and the driving record under section 171.12, 
72.5 	subdivision 5a.
72.6 	(b) If the applicant does not indicate a desire to make an anatomical gift when 
72.7 	the application is made, the applicant must be offered a donor document in accordance 
72.8 	with section 171.07, subdivision 5. The application must contain statements sufficient to 
72.9 	comply with the requirements of the Darlene Luther Revised Uniform Anatomical Gift 
72.10 	Act, chapter 525A, so that execution of the application or donor document will make 
72.11 	the anatomical gift as provided in section 171.07, subdivision 5, for those indicating a 
72.12 	desire to make an anatomical gift. The application must be accompanied by information 
72.13 	describing Minnesota laws regarding anatomical gifts and the need for and benefits of 
72.14 	anatomical gifts, and the legal implications of making an anatomical gift, including the 
72.15 	law governing revocation of anatomical gifts. The commissioner shall distribute a notice 
72.16 	that must accompany all applications for and renewals of a driver's license or Minnesota 
72.17 	identification card. The notice must be prepared in conjunction with a Minnesota organ 
72.18 	procurement organization that is certified by the federal Department of Health and Human 
72.19 	Services and must include:
72.20 	(1) a statement that provides a fair and reasonable description of the organ donation 
72.21 	process, the care of the donor body after death, and the importance of informing family 
72.22 	members of the donation decision; and
72.23 	(2) a telephone number in a certified Minnesota organ procurement organization that 
72.24 	may be called with respect to questions regarding anatomical gifts.
72.25 	(c) The application must be accompanied also by information containing relevant 
72.26 	facts relating to:
72.27 	(1) the effect of alcohol on driving ability;
72.28 	(2) the effect of mixing alcohol with drugs;
72.29 	(3) the laws of Minnesota relating to operation of a motor vehicle while under the 
72.30 	influence of alcohol or a controlled substance; and
72.31 	(4) the levels of alcohol-related fatalities and accidents in Minnesota and of arrests 
72.32 	for alcohol-related violations.

72.33 	Sec. 6. Minnesota Statutes 2008, section 171.07, is amended by adding a subdivision 
72.34 	to read:
73.1 		Subd. 15.Veteran designation. (a) At the request of the applicant and on payment 
73.2 	of the required fee, the department shall issue, renew, or reissue a driver's license or 
73.3 	Minnesota identification card bearing the designation "Veteran" to an applicant who is 
73.4 	a veteran, as defined in section 197.447.
73.5 	(b) At the time of the initial application for the designation provided under this 
73.6 	subdivision, the applicant must have a certified copy of the veteran's discharge papers.
73.7 	(c) The commissioner of public safety is required to issue drivers' licenses and 
73.8 	Minnesota identification cards with the veteran designation only after entering a new 
73.9 	contract or in coordination with producing a new card design with modifications made 
73.10 	as required by law.

73.11 	EFFECTIVE DATE. This section is effective August 1, 2009, and applies to 
73.12 	drivers' licenses and Minnesota identification cards issued as stated in paragraph (c).

73.13 	Sec. 7. Minnesota Statutes 2008, section 171.12, is amended by adding a subdivision 
73.14 	to read:
73.15 		Subd. 5a.Veteran designation. When an applicant for a driver's license, instruction 
73.16 	permit, or Minnesota identification card requests a veteran designation under section 
73.17 	171.06, subdivision 3, the commissioner shall maintain a computer record of veteran 
73.18 	designations. The veteran designation may be removed from the computer record only 
73.19 	upon written notice to the department. The veteran designation is classified as private data 
73.20 	on individuals as defined in section 13.02, subdivision 12, except that this information is 
73.21 	available to the commissioner of veterans affairs for the purpose of administering veterans 
73.22 	benefits.

73.23 	Sec. 8. Minnesota Statutes 2008, section 197.455, subdivision 1, is amended to read:
73.24 		Subdivision 1.Application. (a) This section shall govern preference of a veteran 
73.25 	under the civil service laws, charter provisions, ordinances, rules or regulations of a 
73.26 	county, city, town, school district, or other municipality or political subdivision of this 
73.27 	state. Any provision in a law, charter, ordinance, rule or regulation contrary to the 
73.28 	applicable provisions of this section is void to the extent of such inconsistency. 
73.29 	(b) Sections 197.46 to 197.48 shall not 197.481 also apply to state civil service. a 
73.30 	veteran who is an incumbent in a classified appointment in the state civil service and has 
73.31 	completed the probationary period for that position, as defined under section 43A.16. 
73.32 	In matters of dismissal from such a position, a qualified veteran has the irrevocable 
73.33 	option of using the procedures described in sections 197.46 to 197.481, or the procedures 
73.34 	provided in the collective bargaining agreement applicable to the person, but not both. 
74.1 	For a qualified veteran electing to use the procedures of sections 197.46 to 197.481, the 
74.2 	matters governed by those sections must not be considered grievances under a collective 
74.3 	bargaining agreement, and if a veteran elects to appeal the dispute through those sections, 
74.4 	the veteran is precluded from making an appeal under the grievance procedure of the 
74.5 	collective bargaining agreement.

74.6 	EFFECTIVE DATE. This section is effective July 1, 2009, and applies to 
74.7 	appointments to state and local government positions of employment made on or after 
74.8 	that date.

74.9 	Sec. 9. Minnesota Statutes 2008, section 197.46, is amended to read:
74.10 	197.46 VETERANS PREFERENCE ACT; REMOVAL FORBIDDEN; RIGHT 
74.11 	OF MANDAMUS.
74.12 	Any person whose rights may be in any way prejudiced contrary to any of the 
74.13 	provisions of this section, shall be entitled to a writ of mandamus to remedy the wrong. 
74.14 	No person holding a position by appointment or employment in the several counties, 
74.15 	cities, towns, school districts and all other political subdivisions in the state, who is a 
74.16 	veteran separated from the military service under honorable conditions, shall be removed 
74.17 	from such position or employment except for incompetency or misconduct shown after a 
74.18 	hearing, upon due notice, upon stated charges, in writing.
74.19 	Any veteran who has been notified of the intent to discharge the veteran from an 
74.20 	appointed position or employment pursuant to this section shall be notified in writing of 
74.21 	such intent to discharge and of the veteran's right to request a hearing within 60 days of 
74.22 	receipt of the notice of intent to discharge. The failure of a veteran to request a hearing 
74.23 	within the provided 60-day period shall constitute a waiver of the right to a hearing. Such 
74.24 	failure shall also waive all other available legal remedies for reinstatement.
74.25 	Request for a hearing concerning such a discharge shall be made in writing and 
74.26 	submitted by mail or personal service to the employment office of the concerned employer 
74.27 	or other appropriate office or person.
74.28 	In all governmental subdivisions having an established civil service board or 
74.29 	commission, or merit system authority, such hearing for removal or discharge shall be 
74.30 	held before such civil service board or commission or merit system authority. Where no 
74.31 	such civil service board or commission or merit system authority exists, such hearing 
74.32 	shall be held by a board of three persons appointed as follows: one by the governmental 
74.33 	subdivision, one by the veteran, and the third by the two so selected. In the event the two 
74.34 	persons so selected do not appoint the third person within ten days after the appointment 
75.1 	of the last of the two, then the judge of the district court of the county wherein the 
75.2 	proceeding is pending, or if there be more than one judge in said county then any judge in 
75.3 	chambers, shall have jurisdiction to appoint, and upon application of either or both of the 
75.4 	two so selected shall appoint, the third person to the board and the person so appointed 
75.5 	by the judge with the two first selected shall constitute the board. The veteran may 
75.6 	appeal from the decision of the board upon the charges to the district court by causing 
75.7 	written notice of appeal, stating the grounds thereof, to be served upon the governmental 
75.8 	subdivision or officer making the charges within 15 days after notice of the decision and 
75.9 	by filing the original notice of appeal with proof of service thereof in the office of the court 
75.10 	administrator of the district court within ten days after service thereof. Nothing in section 
75.11 	197.455 or this section shall be construed to apply to the position of private secretary, 
75.12 	teacher, superintendent of schools, or one chief deputy of any elected official or head of 
75.13 	a department, or to any person holding a strictly confidential relation to the appointing 
75.14 	officer. The burden of establishing such relationship shall be upon the appointing officer 
75.15 	in all proceedings and actions relating thereto. 
75.16 	All officers, boards, commissions, and employees shall conform to, comply with, 
75.17 	and aid in all proper ways in carrying into effect the provisions of section 197.455 and this 
75.18 	section notwithstanding any laws, charter provisions, ordinances or rules to the contrary. 
75.19 	Any willful violation of such sections by officers, officials, or employees is a misdemeanor. 

75.20 	EFFECTIVE DATE. This section is effective July 1, 2009.

75.21 	Sec. 10. Minnesota Statutes 2008, section 198.003, is amended by adding a subdivision 
75.22 	to read:
75.23 		Subd. 4a.Federal funding. The commissioner is authorized to apply for and accept 
75.24 	federal funding for purposes of this section.

75.25 	Sec. 11. Minnesota Statutes 2008, section 198.003, is amended by adding a subdivision 
75.26 	to read:
75.27 		Subd. 7.Use of Medicare Part D for pharmacy costs. (a) The commissioner 
75.28 	shall maximize the use of Medicare Part D to pay pharmacy costs for eligible veterans 
75.29 	residing at the veterans homes.
75.30 	(b) The commissioner shall encourage eligible veterans to participate in the 
75.31 	Medicare Part D program and assist veterans in obtaining Medicare Part D coverage.
75.32 	(c) The commissioner shall take any necessary steps to prevent an eligible veteran 
75.33 	participating in Medicare Part D from receiving fewer benefits under Medicare Part D 
75.34 	than they would have received under their existing Veterans Administration benefits.

76.1 	Sec. 12. [198.365] VETERANS MENTAL HEALTH FACILITY; KANDIYOHI 
76.2 	COUNTY.
76.3 		Subdivision 1.Establishment. (a) The commissioner of veterans affairs shall 
76.4 	establish a 90-bed facility in Kandiyohi County to provide residential mental health 
76.5 	nursing services to veterans, in conformance with licensing rules of the Department of 
76.6 	Health and funding requirements of the United States Department of Veterans Affairs.
76.7 	(b) Services provided by the facility may include, but not be limited to:
76.8 	(1) geriatric care for mentally ill veterans who have severe behavior problems; and
76.9 	(2) standard long-term care.
76.10 	(c) To the extent practicable, the facility shall accept referrals from veterans homes 
76.11 	in the state.
76.12 		Subd. 2.Funding. (a) The facility must be purchased or built with funds, 65 
76.13 	percent of which must be provided by the federal government and 35 percent by other 
76.14 	nonstate sources, including local units of government, veterans organizations, business 
76.15 	entities, volunteer organizations, and any other nonstate sources deemed acceptable by 
76.16 	the commissioner. Local contributions must include land for the facility and grounds, 
76.17 	and funding sufficient to cover the full state and local contribution for the federal 
76.18 	matching grant. The commissioner is authorized to accept pledges and funding, including 
76.19 	contributions of land, from these local sources for this purpose.
76.20 	(b) The commissioner shall seek private, local, state, and federal funding for possible 
76.21 	development of a public-private partnership to provide services at this facility for veterans 
76.22 	with traumatic brain injury and with posttraumatic stress disorder, as well as for veterans 
76.23 	who have a dual diagnosis of mental illness and chemical dependency.
76.24 	(c) The commissioner shall seek funding from private, local, state, and federal 
76.25 	sources for possible development of traumatic brain injury research at this facility.

76.26 	Sec. 13. Minnesota Statutes 2008, section 626.8517, is amended to read:
76.27 	626.8517 ELIGIBILITY FOR RECIPROCITY EXAMINATION BASED ON 
76.28 	RELEVANT MILITARY EXPERIENCE.
76.29 	(a) For purposes of this section, "relevant military experience" means five years of 
76.30 	active duty military police service.:
76.31 	(1) five years' active service experience in a military law enforcement occupational 
76.32 	specialty;
76.33 	(2) three years' active service experience in a military law enforcement occupational 
76.34 	specialty and completion of a two-year or more degree from a regionally accredited 
76.35 	postsecondary education institution; or
77.1 	(3) five years' cumulative experience as a full-time peace officer in another state 
77.2 	combined with active service experience in a military law enforcement occupational 
77.3 	specialty.
77.4 	(b) A person who has relevant military experience under paragraph (a) and who 
77.5 	has been honorably discharged from the military active service as evidenced by a form 
77.6 	DD-214 is eligible to take the reciprocity examination. "Active service" has the meaning 
77.7 	given in section 190.05, subdivision 5.

77.8 	Sec. 14. Laws 2008, chapter 297, article 2, section 26, subdivision 3, is amended to 
77.9 	read:
77.10 		Subd. 3.Administrative provisions. (a) The commissioner of veterans affairs, or 
77.11 	the commissioner's designee, must convene the initial meeting of the working group. 
77.12 	Upon request of the working group, the commissioner must provide meeting space and 
77.13 	administrative services for the group. The members of the working group must elect a 
77.14 	chair or co-chairs from the legislative members of the working group at the initial meeting. 
77.15 	Each subsequent meeting is at the call of the chair or co-chairs.
77.16 	(b) Public members of the working group serve without special compensation or 
77.17 	special payment of expenses from the working group.
77.18 	(c) The working group expires on June 30, 2009 2010, unless an extension is 
77.19 	authorized by law by that date.

77.20 	Sec. 15. DATE OPERATIONAL.
 77.21 	To the extent practicable, the commissioner of veterans affairs shall design, 
77.22 	construct, furnish, and equip the veterans mental health facility authorized in Minnesota 
77.23 	Statutes, section 198.365, for commencement of operations on July 1, 2013. No state 
77.24 	general fund money may be expended for operational costs for this facility prior to that 
77.25 	date and without further legislative authorization.

77.26 	Sec. 16. REPORTING REQUIRED.
 77.27 	(a) The commissioner of finance must collect the following data annually from each 
77.28 	cabinet-level state agency, with the exception of the Metropolitan Council, and must report 
77.29 	those data, by agency, by the second week of each legislative session, beginning in 2011, 
77.30 	to the chairs and leading minority members of each of the house of representatives and 
77.31 	senate committees having responsibility for veterans policy and finance issues:
77.32 	(1) the total number of persons employed in full-time positions by the state agency;
77.33 	(2) the total number of employees identified in clause (1) who are veterans;
78.1 	(3) the total number of vacant full-time positions in the agency filled by hiring or 
78.2 	appointment during the designated fiscal year;
78.3 	(4) the total number of applications received for the positions identified in clause (3);
78.4 	(5) the total number of applications identified in clause (4) for which veterans 
78.5 	preference was elected by the applicant;
78.6 	(6) the total number of applications identified in clause (5) for which the veteran 
78.7 	applicant was judged by the hiring authority as meeting minimum requirements for the 
78.8 	open positions of employment;
78.9 	(7) the total number of veteran applicants identified in clause (6) who were 
78.10 	interviewed by the hiring authority for the open positions of employment in the agency;
78.11 	(8) the total number of veteran applicants identified in clause (7) who were selected 
78.12 	for and offered employment within the open positions of employment in the agency;
78.13 	(9) the total number of veteran applicants identified in clause (8) who were hired 
78.14 	into the open positions of employment in the agency;
78.15 	(10) the total number of veteran applicants identified in clause (6) who were sent a 
78.16 	rejection letter, in accordance with Minnesota Statutes, section 43A.11, subdivision 9; and
78.17 	(11) any other data or information deemed important by the commissioner of 
78.18 	administration and reflecting on the efforts of the subject agency to recruit and hire 
78.19 	veterans.
78.20 	(b) The data must reflect one full fiscal year or one full calendar year, as determined 
78.21 	by the commissioner of finance.
78.22 	(c) The term "veteran" has the meaning given in Minnesota Statutes, section 197.447.

78.23 	EFFECTIVE DATE. This section is effective July 1, 2009.

78.24 	Sec. 17. ALLIED FORCES; ESTIMATE OF ELIGIBILITY.
 78.25 	By January 15, 2010, the commissioner of veterans affairs shall contact the United 
78.26 	States Department of Defense, the United States Department of Veterans Affairs, and 
78.27 	other relevant federal agencies as necessary to determine the number and identities of 
78.28 	Minnesota residents who, as former residents of Vietnam or Laos, significantly aided or 
78.29 	assisted the United States armed forces during the period of the Vietnam War, and, to the 
78.30 	extent possible and in observance of federal and state privacy laws and best practices, shall 
78.31 	locate an official federal list of those persons. The purpose of this directive is to provide 
78.32 	information helpful to the legislature in weighing the feasibility of extending state veterans' 
78.33 	benefits to Minnesota residents who have served as allied soldiers during the Vietnam War.

78.34 	Sec. 18. INTERAGENCY STAFF.
 79.1 	For fiscal years 2010 and 2011, the Department of Veterans Affairs may not use 
79.2 	funds appropriated in this article directly or indirectly to pay for the services of staff in the 
79.3 	Office of the Governor.

79.4 	ARTICLE 4
79.5 	MILITARY AFFAIRS

79.6	Section 1. MILITARY APPROPRIATIONS.
 	
79.7 	The sums shown in the columns marked "Appropriations" are appropriated to the 
79.8 	agencies and for the purposes specified in this article. The appropriations are from the 
79.9 	general fund and are available for the fiscal years indicated for each purpose. The figures 
79.10 	"2010" and "2011" used in this article mean that the appropriations listed under them are 
79.11 	available for the fiscal year ending June 30, 2010, or June 30, 2011, respectively. "The 
79.12 	first year" is fiscal year 2010. "The second year" is fiscal year 2011. "The biennium" is 
79.13 	fiscal years 2010 and 2011.

79.14				APPROPRIATIONS
	
79.15				Available for the Year
	
79.16				Ending June 30
	
79.17					2010
		2011

79.18	Sec. 2. MILITARY AFFAIRS

79.19	Subdivision 1.Total Appropriation
 	$
	22,374,000
	$
	19,374,000
	
79.20 	The amounts that may be spent for each 
79.21 	purpose are specified in the following 
79.22 	subdivisions.

79.23	Subd. 2.Maintenance of Training Facilities
 		6,660,000
		6,660,000

79.24	Subd. 3.General Support
 		2,366,000
		2,366,000

79.25	Subd. 4.Enlistment Incentives
 		13,348,000
		10,348,000
	
79.26 	If appropriations for either year of the 
79.27 	biennium are insufficient, the appropriation 
79.28 	from the other year is available. The 
79.29 	appropriations for enlistment incentives are 
79.30 	available until expended.

79.31 	Sec. 3. [192.525] POSTDEPLOYMENT HEALTH ASSESSMENTS.
80.1 	The adjutant general must establish a program of postdeployment health and 
80.2 	wellness assessments for members of the National Guard who have been called into active 
80.3 	military service and deployed outside the state. There must be a health and wellness 
80.4 	assessment conducted between six months and one year after the end of a member's 
80.5 	deployment. The adjutant general may call on other state agencies, the United States 
80.6 	Department of Veterans Affairs, county veteran service officers, and other appropriate 
80.7 	resources in administering this program.