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 requirements and programs; establishing a program; eliminating a sunset; 
1.5 	requiring certain studies and reports;amending Minnesota Statutes 2008, sections 
1.6 	3.737, subdivision 1; 3.7371, subdivision 3; 13.643, by adding a subdivision; 
1.7 	16C.16, by adding a subdivision; 16C.19; 16C.20; 17.03, subdivision 12; 17.114, 
1.8 	subdivision 3; 17.115, subdivision 2; 17.118, subdivisions 2, 4; 18.75; 18.76; 
1.9 	18.77, subdivisions 1, 3, 5, by adding subdivisions; 18.78, subdivision 1, by 
1.10 	adding a subdivision; 18.79; 18.80, subdivision 1; 18.81, subdivision 3, by 
1.11 	adding subdivisions; 18.82, subdivisions 1, 3; 18.83; 18.84, subdivisions 1, 2, 3; 
1.12 	18.86; 18.87; 18.88; 18B.01, subdivision 8, by adding subdivisions; 18B.065, 
1.13 	subdivisions 1, 2, 2a, 3, 7, by adding subdivisions; 18B.26, subdivisions 1, 
1.14 	3; 18B.31, subdivisions 3, 4; 18B.37, subdivision 1; 18C.415, subdivision 
1.15 	3; 18C.421; 18C.425, subdivisions 4, 6; 18E.03, subdivisions 2, 4; 18E.06; 
1.16 	18H.02, subdivision 12a, by adding subdivisions; 18H.07, subdivisions 2, 
1.17 	3; 18H.09; 18H.10; 28A.085, subdivision 1; 28A.21, subdivision 5; 31.94; 
1.18 	32.394, subdivision 8; 41A.09, subdivision 3a; 41B.039, subdivision 2; 
1.19 	41B.04, subdivision 8; 41B.042, subdivision 4; 41B.043, subdivision 1b; 
1.20 	41B.045, subdivision 2; 43A.11, subdivision 7; 43A.23, subdivision 1; 97A.045, 
1.21 	subdivision 1; 161.321; 171.06, subdivision 3; 171.07, by adding a subdivision; 
1.22 	171.12, by adding a subdivision; 190.19, subdivision 2a; 197.455, subdivision 
1.23 	1; 197.46; 197.791, subdivision 6; 198.003, by adding subdivisions; 239.791, 
1.24 	subdivisions 1, 1a; 336.9-601; 343.11; 473.142; 523.131; 523.16; 523.20; 
1.25 	523.23, subdivisions 2, 3; 550.365, subdivision 2; 559.209, subdivision 2; 
1.26 	582.039, subdivision 2; 583.215; 626.8517; Laws 2008, chapter 274, section 5; 
1.27 	Laws 2008, chapter 297, article 2, section 26, subdivision 3; proposing coding 
1.28 	for new law in Minnesota Statutes, chapters 18; 18B; 31; 41A; 168; 190; 192; 
1.29 	523; repealing Minnesota Statutes 2008, sections 17.49, subdivision 3; 18.81, 
1.30 	subdivision 1; 18G.12, subdivision 5; 38.02, subdivisions 3, 4; 41.51; 41.52; 
1.31 	41.53; 41.55; 41.56; 41.57; 41.58, subdivisions 1, 2; 41.59, subdivision 1; 41.60; 
1.32 	41.61, subdivision 1; 41.62; 41.63; 41.65; Minnesota Rules, part 1505.0820.
1.33 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.1 	ARTICLE 1
2.2 	AGRICULTURE

2.3	Section 1.  SUMMARY OF APPROPRIATIONS.

2.4 	The amounts shown in this section summarize direct appropriations, by fund, made 
2.5 	in this article.

2.6			2010
		2011
		Total
	
2.7	General
	$
	45,139,000
	$
	43,949,000
	$
	89,088,000
	
2.8	Agricultural 
	$
	800,000
	$
	800,000
	$
	1,600,000
	
2.9	Remediation
	$
	388,000
	$
	388,000
	$
	776,000
	
2.10	Total
	$
	46,327,000
	$
	45,137,000
	$
	91,464,000

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

2.19				APPROPRIATIONS
	
2.20				Available for the Year
	
2.21				Ending June 30
	
2.22					2010
		2011

2.23	Sec. 3. DEPARTMENT OF AGRICULTURE

2.24	Subdivision 1.Total Appropriation
 	$
	38,205,000
	$
	37,015,000

2.25	Appropriations by Fund
	
2.26		2010
	2011
	
2.27	General
	37,017,000
	35,827,000
	
2.28	Remediation
	388,000
	388,000
	
2.29	Agricultural
	800,000
	800,000
	
2.30 	The amounts that may be spent for each 
2.31 	purpose are specified in the following 
2.32 	subdivisions.

2.33	Subd. 2.Protection Services
 		13,078,000
		13,028,000

3.1	Appropriations by Fund
	
3.2	General
	12,690,000
	12,640,000
	
3.3	Remediation
	388,000
	388,000
	
3.4 	$388,000 the first year and $388,000 the 
3.5 	second year are from the remediation fund 
3.6 	for administrative funding for the voluntary 
3.7 	cleanup program.
3.8 	$75,000 the first year and $75,000 the second 
3.9 	year are for compensation for destroyed or 
3.10 	crippled animals under Minnesota Statutes, 
3.11 	section 3.737. If the amount in the first year 
3.12 	is insufficient, the amount in the second year 
3.13 	is available in the first year.
3.14 	$75,000 the first year and $75,000 the second 
3.15 	year are for compensation for crop damage 
3.16 	under Minnesota Statutes, section 3.7371. If 
3.17 	the amount in the first year is insufficient, the 
3.18 	amount in the second year is available in the 
3.19 	first year.
3.20 	If the commissioner determines that claims 
3.21 	made under Minnesota Statutes, section 
3.22 	3.737 or 3.7371, are unusually high, amounts 
3.23 	appropriated for either program may be 
3.24 	transferred to the appropriation for the other 
3.25 	program.
3.26 	$100,000 the first year and $100,000 the 
3.27 	second year are for plant pest surveys.
3.28 	$50,000 in the first year is for additional 
3.29 	duties under the noxious weed law changes in 
3.30 	this article. This is a onetime appropriation.

3.31
3.32	Subd. 3.Agricultural Marketing and 
Development
 		4,782,000
		4,782,000
	
3.33 	$186,000 the first year and $186,000 the 
3.34 	second year are for transfer to the Minnesota 
4.1 	grown account and may be used as grants 
4.2 	for Minnesota grown promotion under 
4.3 	Minnesota Statutes, section 17.102. Grants 
4.4 	may be made for one year. Notwithstanding 
4.5 	Minnesota Statutes, section 16A.28, the 
4.6 	appropriations encumbered under contract on 
4.7 	or before June 30, 2011, for Minnesota grown 
4.8 	grants in this paragraph are available until 
4.9 	June 30, 2013. $50,000 of the appropriation 
4.10 	in each year is for efforts that identify 
4.11 	and promote Minnesota grown products in 
4.12 	retail food establishments including but not 
4.13 	limited to restaurants, grocery stores, and 
4.14 	convenience stores.
4.15 	$100,000 the first year and $100,000 the 
4.16 	second year are for grants to farmers for 
4.17 	demonstration projects involving sustainable 
4.18 	agriculture as authorized in Minnesota 
4.19 	Statutes, section 17.116. Of the amount 
4.20 	for grants, up to $20,000 may be used for 
4.21 	dissemination of information about the 
4.22 	demonstration projects. Notwithstanding 
4.23 	Minnesota Statutes, section 16A.28, the 
4.24 	appropriations encumbered under contract 
4.25 	on or before June 30, 2011, for sustainable 
4.26 	agriculture grants in this paragraph are 
4.27 	available until June 30, 2013.
4.28 	$103,000 the first year and $103,000 the 
4.29 	second year are to provide training and 
4.30 	technical assistance to county and town 
4.31 	officials relating to livestock siting issues 
4.32 	and local zoning and land use planning, 
4.33 	including maintenance of the checklist 
4.34 	template clarifying the federal, state, 
4.35 	and local government requirements for 
4.36 	consideration of an animal agriculture 
5.1 	modernization or expansion project. For the 
5.2 	training and technical assistance program, 
5.3 	the commissioner shall continue to seek 
5.4 	guidance, advice, and support of livestock 
5.5 	producer organizations, general agricultural 
5.6 	organizations, local government associations, 
5.7 	academic institutions, other government 
5.8 	agencies, and others with expertise in land 
5.9 	use and agriculture.
5.10 	$77,000 the first year and $77,000 the second 
5.11 	year are for integrated pest management 
5.12 	activities.
5.13 	$10,000 the first year and $10,000 the 
5.14 	second year are for annual cost-share 
5.15 	payments to resident farmers or persons 
5.16 	who sell, process, or package agricultural 
5.17 	products in this state for the costs of organic 
5.18 	certification. Annual cost-share payments 
5.19 	per farmer must be two-thirds of the cost 
5.20 	of the certification or $350, whichever is 
5.21 	less. In any year that a resident farmer or 
5.22 	person who sells, processes, or packages 
5.23 	agricultural products in this state receives 
5.24 	a federal organic certification cost-share 
5.25 	payment, that resident farmer or person is 
5.26 	not eligible for state cost-share payments. A 
5.27 	certified farmer is eligible to receive annual 
5.28 	certification cost-share payments for up to 
5.29 	five years. The commissioner may allocate 
5.30 	any excess appropriation in either fiscal year 
5.31 	for organic market and program development 
5.32 	including organic producer education efforts, 
5.33 	assistance for persons transitioning from 
5.34 	conventional to organic agriculture, or 
5.35 	sustainable agriculture demonstration grants 
5.36 	authorized under Minnesota Statutes, section 
6.1 	17.116, and pertaining to organic research or 
6.2 	demonstration. Any unencumbered balance 
6.3 	does not cancel at the end of the first year 
6.4 	and is available for the second year.

6.5
6.6	Subd. 4.Bioenergy and Value-Added 
Agriculture
 		12,168,000
		12,168,000
	
6.7 	$12,168,000 each year is for ethanol producer 
6.8 	payments under Minnesota Statutes, section 
6.9 	41A.09. The annual reduction of $3,000,000 
6.10 	is a onetime reduction. If the total amount for 
6.11 	which all producers are eligible in a quarter 
6.12 	exceeds the amount available for payments, 
6.13 	the commissioner shall make payments on a 
6.14 	pro rata basis. If the appropriation exceeds 
6.15 	the total amount for which all producers 
6.16 	are eligible in a fiscal year for scheduled 
6.17 	payments and for deficiencies in payments 
6.18 	during previous fiscal years, the balance 
6.19 	in the appropriation is available to the 
6.20 	commissioner for value-added agricultural 
6.21 	programs, including the value-added 
6.22 	agricultural product processing and 
6.23 	marketing grant program under Minnesota 
6.24 	Statutes, section 17.101, subdivision 5. The 
6.25 	appropriation remains available until spent.

6.26
6.27	Subd. 5.Administration and Financial 
Assistance
 		8,177,000
		7,037,000

6.28	Appropriations by Fund
	
6.29		2010
	2011
	
6.30	General
	7,377,000
	6,237,000
	
6.31	Agricultural
	800,000
	800,000
	
6.32 	$780,000 the first year and $755,000 the 
6.33 	second year are for continuation of the dairy 
6.34 	development and profitability enhancement 
6.35 	and dairy business planning grant programs 
6.36 	established under Laws 1997, chapter 
7.1 	216, section 7, subdivision 2, and Laws 
7.2 	2001, First Special Session chapter 2, 
7.3 	section 9, subdivision 2. The commissioner 
7.4 	may allocate the available sums among 
7.5 	permissible activities, including efforts to 
7.6 	improve the quality of milk produced in the 
7.7 	state in the proportions that the commissioner 
7.8 	deems most beneficial to Minnesota's dairy 
7.9 	farmers. The commissioner must submit a 
7.10 	work plan detailing plans for expenditures 
7.11 	under this program to the chairs of the house 
7.12 	of representatives and senate committees 
7.13 	dealing with agricultural policy and budget 
7.14 	on or before the start of each fiscal year. If 
7.15 	significant changes are made to the plans 
7.16 	in the course of the year, the commissioner 
7.17 	must notify the chairs.
7.18 	$50,000 the first year and $50,000 the 
7.19 	second year are for the Northern Crops 
7.20 	Institute. These appropriations may be spent 
7.21 	to purchase equipment.
7.22 	$19,000 the first year and $19,000 the 
7.23 	second year are for a grant to the Minnesota 
7.24 	Livestock Breeders Association.
7.25 	$250,000 the first year and $250,000 the 
7.26 	second year are for grants to the Minnesota 
7.27 	Agricultural Education and Leadership 
7.28 	Council for programs of the council under 
7.29 	Minnesota Statutes, chapter 41D.
7.30 	$474,000 the first year and $474,000 the 
7.31 	second year are for payments to county and 
7.32 	district agricultural societies and associations 
7.33 	under Minnesota Statutes, section 38.02, 
7.34 	subdivision 1. Aid payments to county and 
7.35 	district agricultural societies and associations 
8.1 	shall be disbursed no later than July 15 of 
8.2 	each year. These payments are the amount of 
8.3 	aid from the state for an annual fair held in 
8.4 	the previous calendar year.
8.5 	$1,000 the first year and $1,000 the second 
8.6 	year are for grants to the Minnesota State 
8.7 	Poultry Association.
8.8 	$65,000 the first year and $65,000 the second 
8.9 	year are for annual grants to the Minnesota 
8.10 	Turf Seed Council for basic and applied 
8.11 	research on the improved production of 
8.12 	forage and turf seed related to new and 
8.13 	improved varieties. The grant recipient may 
8.14 	subcontract with a qualified third party for 
8.15 	some or all of the basic and applied research.
8.16 	$50,000 the first year and $50,000 the 
8.17 	second year are for annual grants to the 
8.18 	Minnesota Turf Seed Council for basic 
8.19 	and applied agronomic research on native 
8.20 	plants, including plant breeding, nutrient 
8.21 	management, pest management, disease 
8.22 	management, yield, and viability. The grant 
8.23 	recipient may subcontract with a qualified 
8.24 	third party for some or all of the basic 
8.25 	or applied research. The grant recipient 
8.26 	must actively participate in the Agricultural 
8.27 	Utilization Research Institute's Renewable 
8.28 	Energy Roundtable and no later than 
8.29 	February 1, 2011, must report to the house of 
8.30 	representatives and senate committees with 
8.31 	jurisdiction over agriculture finance.
8.32 	$500,000 the first year and $500,000 the 
8.33 	second year are for grants to Second Harvest 
8.34 	Heartland on behalf of Minnesota's six 
8.35 	Second Harvest food banks for the purchase 
9.1 	of milk for distribution to Minnesota's food 
9.2 	shelves and other charitable organizations 
9.3 	that are eligible to receive food from the food 
9.4 	banks. Milk purchased under the grants must 
9.5 	be acquired from Minnesota milk processors 
9.6 	and based on low-cost bids. The milk must be 
9.7 	allocated to each Second Harvest food bank 
9.8 	serving Minnesota according to the formula 
9.9 	used in the distribution of United States 
9.10 	Department of Agriculture commodities 
9.11 	under The Emergency Food Assistance 
9.12 	Program (TEFAP). Second Harvest 
9.13 	Heartland must submit quarterly reports 
9.14 	to the commissioner on forms prescribed 
9.15 	by the commissioner. The reports must 
9.16 	include, but are not limited to, information 
9.17 	on the expenditure of funds, the amount 
9.18 	of milk purchased, and the organizations 
9.19 	to which the milk was distributed. Second 
9.20 	Harvest Heartland may enter into contracts 
9.21 	or agreements with food banks for shared 
9.22 	funding or reimbursement of the direct 
9.23 	purchase of milk. Each food bank receiving 
9.24 	money from this appropriation may use up to 
9.25 	two percent of the grant for administrative 
9.26 	expenses.
9.27 	$1,000,000 the first year is for the agricultural 
9.28 	growth, research, and innovation program 
9.29 	in Minnesota Statutes, section 41A.12. 
9.30 	Priority must be given to livestock programs 
9.31 	under Minnesota Statutes, section 17.118. 
9.32 	Priority for livestock grants shall be given 
9.33 	to persons who are beginning livestock 
9.34 	producers and livestock producers who are 
9.35 	rebuilding after a disaster that was due to 
9.36 	natural or other unintended conditions. The 
10.1 	commissioner may use up to 4.5 percent 
10.2 	of this appropriation for costs incurred to 
10.3 	administer the program. Any unencumbered 
10.4 	balance does not cancel at the end of the first 
10.5 	year and is available in the second year.
10.6 	$100,000 the first year and $100,000 the 
10.7 	second year are for transfer to the Board of 
10.8 	Trustees of the Minnesota State Colleges and 
10.9 	Universities for mental health counseling 
10.10 	support to farm families and business 
10.11 	operators through farm business management 
10.12 	programs at Central Lakes College and 
10.13 	Ridgewater College.
10.14 	$18,000 the first year and $18,000 the 
10.15 	second year are for grants to the Minnesota 
10.16 	Horticultural Society.
10.17 	Notwithstanding Minnesota Statutes, 
10.18 	section 18C.131, $800,000 the first year 
10.19 	and $800,000 the second year are from the 
10.20 	fertilizer account in the agricultural fund 
10.21 	for grants for fertilizer research as awarded 
10.22 	by the Minnesota Agricultural Fertilizer 
10.23 	Research and Education Council under 
10.24 	Minnesota Statutes, section 18C.71. The 
10.25 	amount appropriated in either fiscal year 
10.26 	must not exceed 57 percent of the inspection 
10.27 	fee revenue collected under Minnesota 
10.28 	Statutes, section 18C.425, subdivision 6, 
10.29 	during the previous fiscal year. No later 
10.30 	than February 1, 2011, the commissioner 
10.31 	shall report to the legislative committees 
10.32 	with jurisdiction over agriculture finance. 
10.33 	The report must include the progress and 
10.34 	outcome of funded projects as well as the 
11.1 	sentiment of the council concerning the need 
11.2 	for additional research funds.
11.3 	$60,000 the first year is for a transfer to the 
11.4 	University of Minnesota Extension Service 
11.5 	for farm-to-school grants to school districts 
11.6 	in Minneapolis, Moorhead, White Earth, and 
11.7 	Willmar.
11.8 	$30,000 is for star farms program 
11.9 	development. The commissioner, in 
11.10 	consultation with other state and local 
11.11 	agencies, farm groups, conservation groups, 
11.12 	legislators, and other interested persons, shall 
11.13 	develop a proposal for a star farms program. 
11.14 	By January 15, 2010, the commissioner 
11.15 	shall submit the proposal to the legislative 
11.16 	committees and divisions with jurisdiction 
11.17 	over agriculture and environmental policy 
11.18 	and finance. This is a onetime appropriation.
11.19 	$25,000 the first year is for the administration 
11.20 	of the Feeding Minnesota Task Force, under 
11.21 	new Minnesota Statutes, section 31.97. This 
11.22 	is a onetime appropriation.

11.23	Sec. 4. BOARD OF ANIMAL HEALTH
 	$
	5,239,000
	$
	5,239,000
	
11.24 	$2,531,000 the first year and $2,531,000 
11.25 	the second year are for bovine tuberculosis 
11.26 	eradication efforts in cattle herds.
11.27 	$100,000 the first year and $100,000 the 
11.28 	second year are for a program to control 
11.29 	paratuberculosis (Johne's disease) in 
11.30 	domestic bovine herds.
11.31 	$40,000 the first year and $40,000 the second 
11.32 	year are for a program to investigate the 
11.33 	avian pneumovirus disease and to identify 
11.34 	the infected flocks. This appropriation must 
12.1 	be matched on a dollar-for-dollar or in-kind 
12.2 	basis with nonstate sources and is in addition 
12.3 	to money currently designated for turkey 
12.4 	disease research. Costs of blood sample 
12.5 	collection, handling, and transportation, 
12.6 	in addition to costs associated with early 
12.7 	diagnosis tests and the expenses of vaccine 
12.8 	research trials, may be credited to the match.
12.9 	$400,000 the first year and $400,000 the 
12.10 	second year are for the purposes of cervidae 
12.11 	inspection as authorized in Minnesota 
12.12 	Statutes, section 35.155.

12.13
12.14	Sec. 5. AGRICULTURAL UTILIZATION 
RESEARCH INSTITUTE
 	$
	2,883,000
	$
	2,883,000
	
12.15 	Money in this appropriation is available for 
12.16 	technical assistance and technology transfer 
12.17 	to bioenergy crop producers and users.

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

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

13.19 	Sec. 8. Minnesota Statutes 2008, section 13.643, is amended by adding a subdivision 
13.20 	to read:
13.21 		Subd. 7.Research, monitoring, or assessment data. (a) Except as provided in 
13.22 	paragraph (b), the following data created, collected, and maintained by the Department of 
13.23 	Agriculture during research, monitoring, or the assessment of farm practices and related 
13.24 	to natural resources, the environment, agricultural facilities, or agricultural practices are 
13.25 	classified as private or nonpublic:
13.26 	(1) names, addresses, telephone numbers, and e-mail addresses of study participants 
13.27 	or cooperators; and
13.28 	(2) location of research, study site, and global positioning system data.
13.29 	(b) The following data is public:
13.30 	(1) location data and unique well numbers for wells and springs unless protected 
13.31 	under section 18B.10 or another statute or rule; and
13.32 	(2) data from samples collected from a public water supply as defined in section 
13.33 	144.382, subdivision 4.
14.1 	(c) The Department of Agriculture may disclose data collected under paragraph (a) if 
14.2 	the Department of Agriculture determines that there is a substantive threat to human health 
14.3 	and safety or to the environment, or to aid in the law enforcement process. The Department 
14.4 	of Agriculture may also disclose data with written consent of the subject of the data.

14.5 	Sec. 9. Minnesota Statutes 2008, section 17.03, subdivision 12, is amended to read:
14.6 		Subd. 12.Contracts; appropriation. The commissioner may accept money as part 
14.7 	of a contract with any public or private entity to provide statutorily prescribed services by 
14.8 	the department. A contract must specify the services to be provided by the department and 
14.9 	the amount and method of reimbursement. Money generated in a contractual agreement 
14.10 	under this section must be deposited in a special revenue fund and is appropriated to the 
14.11 	department for purposes of providing services specified in the contracts. Contracts under 
14.12 	this section must be processed in accordance with section 16C.05. The commissioner must 
14.13 	report revenues collected and expenditures made under this section to the chairs of the 
14.14 	Environment and Natural Resources Finance Committee in the house of representatives 
14.15 	and the Environment and Agriculture Budget Division in the senate by January 15 of 
14.16 	each odd-numbered year.

14.17 	Sec. 10. Minnesota Statutes 2008, section 17.114, subdivision 3, is amended to read:
14.18 		Subd. 3.Duties. (a) The commissioner shall:
14.19 	(1) establish a clearinghouse and provide information, appropriate educational 
14.20 	opportunities and other assistance to individuals, producers, and groups about sustainable 
14.21 	agricultural techniques, practices, and opportunities;
14.22 	(2) survey producers and support services and organizations to determine 
14.23 	information and research needs in the area of sustainable agricultural practices;
14.24 	(3) demonstrate the on-farm applicability of sustainable agriculture practices to 
14.25 	conditions in this state;
14.26 	(4) coordinate the efforts of state agencies regarding activities relating to sustainable 
14.27 	agriculture;
14.28 	(5) direct the programs of the department so as to work toward the sustainability of 
14.29 	agriculture in this state;
14.30 	(6) inform agencies of how state or federal programs could utilize and support 
14.31 	sustainable agriculture practices;
14.32 	(7) work closely with farmers, the University of Minnesota, and other appropriate 
14.33 	organizations to identify opportunities and needs as well as assure coordination and 
15.1 	avoid duplication of state agency efforts regarding research, teaching, and extension 
15.2 	work relating to sustainable agriculture; and
15.3 	(8) work cooperatively with local governments and others to strengthen the 
15.4 	connection between farmers who practice sustainable farming methods and urban, rural, 
15.5 	and suburban consumers, including, but not limited to, promoting local farmers' markets 
15.6 	and community-supported agriculture; and
15.7 	(9) report to the Environmental Quality Board for review and then to the house of 
15.8 	representatives and senate committees with jurisdiction over the environment, natural 
15.9 	resources, and agriculture every even-numbered year.
15.10 	(b) The report under paragraph (a), clause (8), must include:
15.11 	(1) the presentation and analysis of findings regarding the current status and trends 
15.12 	regarding the economic condition of producers; the status of soil and water resources 
15.13 	utilized by production agriculture; the magnitude of off-farm inputs used; and the amount 
15.14 	of nonrenewable resources used by Minnesota farmers;
15.15 	(2) a description of current state or federal programs directed toward sustainable 
15.16 	agriculture including significant results and experiences of those programs;
15.17 	(3) a description of specific actions the Department of Agriculture is taking in the 
15.18 	area of sustainable agriculture, including, but not limited to, specific actions to strengthen 
15.19 	the connection between sustainable farmers and consumers under paragraph (a), clause (8);
15.20 	(4) a description of current and future research needs at all levels in the area of 
15.21 	sustainable agriculture; and
15.22 	(5) suggestions for changes in existing programs or policies or enactment of new 
15.23 	programs or policies that will affect farm profitability, maintain soil and water quality, 
15.24 	reduce input costs, or lessen dependence upon nonrenewable resources.

15.25 	Sec. 11. Minnesota Statutes 2008, section 17.115, subdivision 2, is amended to read:
15.26 		Subd. 2.Loan criteria. (a) The shared savings loan program must provide loans for 
15.27 	purchase of new or used machinery and installation of equipment for projects that make 
15.28 	environmental improvements or and enhance farm profitability. Eligible loan uses do not 
15.29 	include seed, fertilizer, or fuel.
15.30 	(b) Loans may not exceed $25,000 $40,000 per individual applying for a loan and 
15.31 	may not exceed $100,000 $160,000 for loans to four or more individuals on joint projects. 
15.32 	The loan repayment period may be up to seven years as determined by project cost and 
15.33 	energy savings. The interest rate on the loans must not exceed six percent. For loans made 
15.34 	from May 1, 2004, to June 30, 2007, the interest rate must not exceed three percent.
15.35 	(c) Loans may only be made to residents of this state engaged in farming.

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

16.2 	Sec. 12. Minnesota Statutes 2008, section 17.118, subdivision 2, is amended to read:
16.3 		Subd. 2. Definitions. (a) For the purposes of this section, the terms defined in this 
16.4 	subdivision have the meanings given them. 
16.5 	(b) "Livestock" means beef cattle, dairy cattle, swine, poultry, goats, mules, farmed 
16.6 	cervidae, ratitae, bison, sheep, horses, and llamas. 
16.7 	(c) "Qualifying expenditures" means the amount spent for: 
16.8 	(1) the acquisition, construction, or improvement of buildings or facilities for the 
16.9 	production of livestock or livestock products; 
16.10 	(2) the development of pasture for use by livestock including, but not limited to, the 
16.11 	acquisition, development, or improvement of: 
16.12 	(i) lanes used by livestock that connect pastures to a central location; 
16.13 	(ii) watering systems for livestock on pasture including water lines and, booster 
16.14 	pumps, and well installations; 
16.15 	(iii) livestock stream crossing stabilization; and 
16.16 	(iv) fences; or 
16.17 	(3) the acquisition of equipment for livestock housing, confinement, feeding, and 
16.18 	waste management including, but not limited to, the following: 
16.19 	(i) freestall barns; 
16.20 	(ii) watering facilities; 
16.21 	(iii) feed storage and handling equipment; 
16.22 	(iv) milking parlors; 
16.23 	(v) robotic equipment; 
16.24 	(vi) scales; 
16.25 	(vii) milk storage and cooling facilities; 
16.26 	(viii) bulk tanks; 
16.27 	(ix) computer hardware and software and associated equipment used to monitor 
16.28 	the productivity and feeding of livestock; 
16.29 	(x) manure pumping and storage facilities; 
16.30 	(xi) swine farrowing facilities; 
16.31 	(xii) swine and cattle finishing barns; 
16.32 	(xiii) calving facilities; 
16.33 	(xiv) digesters; 
16.34 	(xv) equipment used to produce energy; 
16.35 	(xvi) on-farm processing facilities equipment; 
17.1 	(xvii) fences; and 
17.2 	(xviii) livestock pens and corrals and sorting, restraining, and loading chutes. 
17.3 	Except for qualifying pasture development expenditures under clause (2), qualifying 
17.4 	expenditures only include amounts that are allowed to be capitalized and deducted under 
17.5 	either section 167 or 179 of the Internal Revenue Code in computing federal taxable 
17.6 	income. Qualifying expenditures do not include an amount paid to refinance existing debt. 
17.7 	(d) "Qualifying period" means, for a grant awarded during a fiscal year, that full 
17.8 	calendar year of which the first six months precede the first day of the current fiscal year. 
17.9 	For example, an eligible person who makes qualifying expenditures during calendar 
17.10 	year 2008 is eligible to receive a livestock investment grant between July 1, 2008, and 
17.11 	June 30, 2009. 

17.12 	Sec. 13. Minnesota Statutes 2008, section 17.118, subdivision 4, is amended to read:
17.13 		Subd. 4. Process. The commissioner, in consultation with the chairs and ranking 
17.14 	minority members of the house of representatives and senate committees with jurisdiction 
17.15 	over agriculture finance, shall develop competitive eligibility criteria and may allocate 
17.16 	grants on a needs basis. The commissioner shall certify eligible applications up to the 
17.17 	amount appropriated for a fiscal year. The commissioner must shall place any additional
17.18 	eligible unfunded applications on a waiting list and, notwithstanding subdivision 2, 
17.19 	paragraph (c) (d), give them priority consideration during the next fiscal year in which 
17.20 	program funding is available. The commissioner shall notify in writing any applicant 
17.21 	who applies for a grant and is ineligible under the provisions of this section as well as 
17.22 	any applicant whose application is received or reviewed after the fiscal year funding 
17.23 	limit has been reached. 

17.24 	Sec. 14. Minnesota Statutes 2008, section 18.75, is amended to read:
17.25 	18.75 PURPOSE.
17.26 	It is the policy of the legislature that residents of the state be protected from the 
17.27 	injurious effects of noxious weeds on public health, the environment, public roads, crops, 
17.28 	livestock, and other property. Sections 18.76 to 18.8818.91 contain procedures for 
17.29 	controlling and eradicating noxious weeds on all lands within the state.

17.30 	Sec. 15. Minnesota Statutes 2008, section 18.76, is amended to read:
17.31 	18.76 CITATION.
17.32 	Sections 18.76 to 18.8818.91 may be cited as the "Minnesota Noxious Weed Law."

18.1 	Sec. 16. Minnesota Statutes 2008, section 18.77, subdivision 1, is amended to read:
18.2 		Subdivision 1.Scope. The definitions in this section apply to sections 18.76 to 
18.3 	18.88 18.91.

18.4 	Sec. 17. Minnesota Statutes 2008, section 18.77, is amended by adding a subdivision 
18.5 	to read:
18.6 		Subd. 2a.Certified noxious weed free. "Certified noxious weed free" means that 
18.7 	the material being certified has been inspected, tested, or processed to devitalize or 
18.8 	remove the noxious weed propagating parts in order to verify that viable noxious weed 
18.9 	propagating parts are not present in the material.

18.10 	Sec. 18. Minnesota Statutes 2008, section 18.77, is amended by adding a subdivision 
18.11 	to read:
18.12 		Subd. 2b.Commissioner. "Commissioner" means the commissioner of agriculture.

18.13 	Sec. 19. Minnesota Statutes 2008, section 18.77, subdivision 3, is amended to read:
18.14 		Subd. 3.Control. "Control" means to destroy all or part of the aboveground growth 
18.15 	of noxious weeds by a lawful method that does not cause unreasonable adverse effects on 
18.16 	the environment as defined in section 18B.01, subdivision 31, and prevents the maturation 
18.17 	and spread of noxious weed propagating parts from one area to another.

18.18 	Sec. 20. Minnesota Statutes 2008, section 18.77, is amended by adding a subdivision 
18.19 	to read:
18.20 		Subd. 3a.County-designated employee. "County-designated employee" means a 
18.21 	person designated by a county board to oversee the responsibilities in section 18.81, 
18.22 	subdivision 1a.

18.23 	Sec. 21. Minnesota Statutes 2008, section 18.77, subdivision 5, is amended to read:
18.24 		Subd. 5.Growing crop. "Growing crop" means an agricultural, horticultural, or 
18.25 	forest crop that has been planted or regularly maintained and intended for harvest. It 
18.26 	does not mean a permanent pasture, hay meadow, woodlot, or other noncrop area that 
18.27 	contains native or seeded perennial plants used for grazing or hay purposes, and that is 
18.28 	not harvested on a regular basis.

18.29 	Sec. 22. Minnesota Statutes 2008, section 18.77, is amended by adding a subdivision 
18.30 	to read:
19.1 		Subd. 5a.Inspector. "Inspector" means the commissioner, agent of the 
19.2 	commissioner, county agricultural inspector, local weed inspector, or assistant weed 
19.3 	inspector.

19.4 	Sec. 23. Minnesota Statutes 2008, section 18.77, is amended by adding a subdivision 
19.5 	to read:
19.6 		Subd. 8a.Noxious weed management plan. "Noxious weed management plan" 
19.7 	means controlling or eradicating noxious weeds in the manner designated in a management 
19.8 	plan developed for the area or site where the infestations are found using specific strategies 
19.9 	or methods that are to be used singly or in combination to achieve control or eradication.

19.10 	Sec. 24. Minnesota Statutes 2008, section 18.77, is amended by adding a subdivision 
19.11 	to read:
19.12 		Subd. 13.Weed management area. "Weed management area" means a designated 
19.13 	area where special or unique noxious weed control or eradication strategies or methods 
19.14 	are used according to a specific management plan developed for each management area 
19.15 	established.

19.16 	Sec. 25. Minnesota Statutes 2008, section 18.78, subdivision 1, is amended to read:
19.17 		Subdivision 1.Generally. A person owning land, a person occupying land, or a 
19.18 	person responsible for the maintenance of public land shall control or eradicate all noxious 
19.19 	weeds on the land at a time and in a manner ordered by the county agricultural inspector 
19.20 	or a local weedan inspector or county-designated employee.

19.21 	Sec. 26. Minnesota Statutes 2008, section 18.78, is amended by adding a subdivision 
19.22 	to read:
19.23 		Subd. 3.Cooperative weed control agreement. The commissioner, municipality, 
19.24 	or county agricultural inspector or county-designated employee may enter into a 
19.25 	cooperative weed control agreement with a landowner or weed management area 
19.26 	group to establish a mutually agreed upon noxious weed management plan for up to 
19.27 	three years duration, whereby a noxious weed problem will be controlled without 
19.28 	additional enforcement action. If a property owner fails to comply with the noxious weed 
19.29 	management plan, an individual notice may be served.

19.30 	Sec. 27. Minnesota Statutes 2008, section 18.79, is amended to read:
19.31 	18.79 DUTIES OF COMMISSIONER.
20.1 		Subdivision 1.Enforcement. The commissioner of agriculture shall administer 
20.2 	and enforce sections 18.76 to 18.88 18.91.
20.3 		Subd. 2.Authorized agents. County agricultural inspectors may administer and 
20.4 	enforce sections 18.76 to 18.88 18.91. A county-designated employee may enforce 
20.5 	sections 18.78, 18.82, 18.83, 18.84, 18.86, and 18.87. A county must make the identity of 
20.6 	a county-designated employee described by this subdivision available to the public.
20.7 		Subd. 3.Entry upon land. To administer and enforce sections 18.76 to 18.88 18.91, 
20.8 	county agricultural inspectors and local weed inspectorsan inspector or county-designated 
20.9 	employee may enter upon land without consent of the owner and without being subject 
20.10 	to an action for trespass or any damages.
20.11 		Subd. 4.Rules. The commissioner may adopt necessary rules under chapter 14 for 
20.12 	the proper enforcement of sections 18.76 to 18.88 18.91.
20.13 		Subd. 5.Order for control or eradication of noxious weeds. A county agricultural 
20.14 	inspector or a local weedAn inspector or county-designated employee may order 
20.15 	the control or eradication of noxious weeds on any land within the state inspector's 
20.16 	or county-designated employee's jurisdiction. A county must make the identity of a 
20.17 	county-designated employee described by this subdivision available to the public.
20.18 		Subd. 6.Initial Training for control or eradication of noxious weeds. The 
20.19 	commissioner shall conduct initial training considered necessary for weed inspectors and 
20.20 	county-designated employees in the enforcement of the Minnesota Noxious Weed Law. 
20.21 	The director of the Minnesota Extension Service may conduct educational programs for 
20.22 	the general public that will aid compliance with the Minnesota Noxious Weed Law. Upon 
20.23 	request, the commissioner may provide information and other technical assistance to the 
20.24 	county agricultural inspector or county-designated employee to aid in the performance of 
20.25 	responsibilities specified by the county board under section 18.81, subdivisions 1a and 1b.
20.26 		Subd. 7.Meetings and reports. The commissioner shall designate by rule the
20.27 	reports that are required to be made and the meetings that must be attended by weed
20.28 	inspectors.
20.29 		Subd. 8.Prescribed forms. The commissioner shall prescribe the forms to be used 
20.30 	by weed inspectors and county-designated employees in the enforcement of sections 
20.31 	18.76 to 18.88 18.91.
20.32 		Subd. 9.Injunction. If the county agricultural inspector or county-designated 
20.33 	employee applies to a court for a temporary or permanent injunction restraining a person 
20.34 	from violating or continuing to violate sections 18.76 to 18.88 18.91, the injunction may 
20.35 	be issued without requiring a bond.
21.1 		Subd. 10.Prosecution. On finding that a person has violated sections 18.76 to 
21.2 	18.88 18.91, the county agricultural inspector or county-designated employee may start 
21.3 	court proceedings in the locality in which the violation occurred. The county attorney 
21.4 	may prosecute actions under sections 18.76 to 18.88 18.91 within the county attorney's 
21.5 	jurisdiction.
21.6 		Subd. 12.Noxious-weed-free forage and mulch certification agency. The official 
21.7 	certification agency for noxious-weed-free forage and, mulch shall, soil, gravel, and other 
21.8 	material must be determined by the commissioner of agriculture in consultation with the 
21.9 	director of the Minnesota agricultural experiment station. The commissioner may also 
21.10 	certify forage, mulch, soil, gravel, or other material as noxious weed free.
21.11 		Subd. 13.Noxious weed designation. The commissioner, in consultation with the 
21.12 	Noxious Weed Advisory Committee, shall determine which plants are noxious weeds 
21.13 	subject to control under sections 18.76 to 18.91. The commissioner shall prepare, publish, 
21.14 	and revise as necessary, but at least once every three years, a list of noxious weeds 
21.15 	and their designated classification. The list must be distributed to the public by the 
21.16 	commissioner who may request the help of the University of Minnesota Extension, the 
21.17 	county agricultural inspectors, and any other organization the commissioner considers 
21.18 	appropriate to assist in the distribution. The commissioner may, in consultation with 
21.19 	the Noxious Weed Advisory Committee, accept and consider noxious weed designation 
21.20 	petitions from Minnesota citizens or Minnesota organizations or associations.
21.21 		Subd. 14.County petition. A county may petition the commissioner to designate 
21.22 	specific noxious weeds which are a control problem in the county.
21.23 		Subd. 15.Noxious weed management. The commissioner, in consultation with the 
21.24 	Noxious Weed Advisory Committee, shall develop management strategies and criteria 
21.25 	for each noxious weed category.
21.26 		Subd. 16.Gifts; grants; contracts; funds. The commissioner, counties, and 
21.27 	municipalities may apply for and accept any gift, grant, contract, or other funds or 
21.28 	grants-in-aid from the federal government or other public and private sources for noxious 
21.29 	weed control purposes.
21.30 		Subd. 17.Noxious weed investigation. The commissioner shall investigate the 
21.31 	subject of noxious weeds and conduct investigations outside this state to protect the 
21.32 	interest of the agricultural industry, forests, or the environment of this state from noxious 
21.33 	weeds not generally growing in Minnesota.
21.34 		Subd. 18.Noxious weed education. The commissioner shall disseminate 
21.35 	information and conduct educational campaigns with respect to control of noxious weeds 
21.36 	or invasive plants to enhance regulatory compliance and voluntary efforts to eliminate or 
22.1 	manage these plants. The commissioner shall call and attend meetings and conferences 
22.2 	dealing with the subject of noxious weeds. The commissioner shall maintain on the 
22.3 	department's Web site noxious weed management information including but not limited 
22.4 	to the roles and responsibilities of citizens and government entities under sections 18.76 
22.5 	to 18.91 and specific guidance as to whom a person should contact to report a noxious 
22.6 	weed issue.
22.7 		Subd. 19.State and federal lands. The commissioner shall inform and direct state 
22.8 	and federal agencies regarding their responsibility to manage and control noxious weeds 
22.9 	on land that those agencies own, control, or manage.
22.10 		Subd. 20.Interagency cooperation. The commissioner shall cooperate with 
22.11 	agencies of federal, state, and local governments and other persons in carrying out duties 
22.12 	under sections 18.76 to 18.91.
22.13 		Subd. 21.Weed management area. The commissioner, in consultation with the 
22.14 	Noxious Weed Advisory Committee, may establish a weed management area to include a 
22.15 	part of one or more counties or all of one or more counties of this state and shall include all 
22.16 	the land within the boundaries of the area established. Weed management plans developed 
22.17 	for a weed management area must be reviewed and approved by the commissioner and 
22.18 	the Noxious Weed Advisory Committee. Weed management areas may seek funding 
22.19 	under section 18.90.

22.20 	Sec. 28. Minnesota Statutes 2008, section 18.80, subdivision 1, is amended to read:
22.21 		Subdivision 1.County agricultural inspectors; and county-designated 
22.22 	employees. The county board shall either appoint at least one or more county agricultural 
22.23 	inspectors that meet the qualifications prescribed by rule. The appointment must be for 
22.24 	a period of time which is sufficient to accomplish the duties assigned to this position
22.25 	inspector to carry out the duties specified under section 18.81, subdivisions 1a and 1b, 
22.26 	or a county-designated employee to carry out the duties specified under section 18.81, 
22.27 	subdivision 1a. A notice of the appointment of either a county agricultural inspector or 
22.28 	county-designated employee must be delivered to the commissioner within ten 30 days of 
22.29 	the appointment and it must establish the initial number of hours to be worked annually.

22.30 	Sec. 29. Minnesota Statutes 2008, section 18.81, is amended by adding a subdivision 
22.31 	to read:
22.32 		Subd. 1a.Duties; county agricultural inspectors and county-designated 
22.33 	employees. The county agricultural inspector or county-designated employee shall be 
22.34 	responsible for:
23.1 	(1) the enforcement provisions under sections 18.78, 18.82, 18.83, 18.84, 18.86 
23.2 	and 18.87; and
23.3 	(2) providing a point of contact within the county for noxious weed issues.

23.4 	Sec. 30. Minnesota Statutes 2008, section 18.81, is amended by adding a subdivision 
23.5 	to read:
23.6 		Subd. 1b.County agricultural inspectors. In addition to the mandatory duties 
23.7 	specified in subdivision 1a, the county board must specify the responsibilities of the 
23.8 	county agricultural inspector in the annual work plan. The responsibilities may include:
23.9 	(1) to see that sections 18.76 to 18.91 and rules adopted under those sections are 
23.10 	carried out within the inspector's jurisdiction;
23.11 	(2) to see that sections 21.80 to 21.92 and rules adopted under those sections are 
23.12 	carried out within the inspector's jurisdiction;
23.13 	(3) to see that sections 21.71 to 21.78 and rules adopted under those sections are 
23.14 	carried out within the inspector's jurisdiction;
23.15 	(4) to participate in the control programs for invasive plant species, feed, fertilizer, 
23.16 	pesticide, and plant and insect pests when requested, in writing, to do so by the 
23.17 	commissioner;
23.18 	(5) to participate in other agricultural programs under the control of the 
23.19 	commissioner when requested, in writing, by the commissioner to do so;
23.20 	(6) to administer the distribution of funds allocated by the county board to the county 
23.21 	agricultural inspector for noxious weed control and eradication within the county;
23.22 	(7) to submit reports and attend meetings that the commissioner requires;
23.23 	(8) to publish a general weed notice of the legal duty to control noxious weeds in 
23.24 	one or more legal newspapers of general circulation throughout the county; and
23.25 	(9) to be the primary contact in the county for all plant biological control agents.

23.26 	Sec. 31. Minnesota Statutes 2008, section 18.81, subdivision 3, is amended to read:
23.27 		Subd. 3.Nonperformance by inspectors; reimbursement for expenses. If local 
23.28 	weed inspectors neglect or fail to do their duty as prescribed in this section, the county 
23.29 	agricultural inspector shall or county-designated employee, in consultation with the 
23.30 	commissioner, may issue a notice to the inspector providing instructions on how and 
23.31 	when to do their duty. If, after the time allowed in the notice, the local weed inspector 
23.32 	has not complied as directed, the county agricultural inspector or county-designated 
23.33 	employee may consult with the commissioner to perform the duty for the local weed 
23.34 	inspector. A claim for the expense of doing the local weed inspector's duty is a legal 
24.1 	charge against the municipality in which the inspector has jurisdiction. The county 
24.2 	agricultural inspector doing or county-designated employee overseeing the work may file 
24.3 	an itemized statement of costs with the clerk of the municipality in which the work was 
24.4 	performed. The municipality shall immediately issue proper warrants to the county for 
24.5 	the work performed. If the municipality fails to issue the warrants, the county auditor 
24.6 	may include the amount contained in the itemized statement of costs as part of the next 
24.7 	annual tax levy in the municipality and withhold that amount from the municipality in 
24.8 	making its next apportionment.

24.9 	Sec. 32. Minnesota Statutes 2008, section 18.82, subdivision 1, is amended to read:
24.10 		Subdivision 1.Permits. Except as provided in section 21.74, if a person wants to 
24.11 	transport along a public highway materials or equipment containing the propagating 
24.12 	parts of weeds designated as noxious by the commissioner, the person must secure 
24.13 	a written permit for transportation of the material or equipment from a local weed 
24.14 	inspector or county agriculturalan inspector or county-designated employee. Inspectors 
24.15 	or county-designated employees may issue permits to persons residing or operating within 
24.16 	their jurisdiction. If the noxious weed propagating parts are removed from materials and 
24.17 	equipment or devitalized before being transported, a permit is not needed.

24.18 	Sec. 33. Minnesota Statutes 2008, section 18.82, subdivision 3, is amended to read:
24.19 		Subd. 3.Duration of permit; revocation. A permit under subdivision 1 is valid for 
24.20 	up to one year after the date it is issued unless otherwise specified by the weed inspector 
24.21 	or county-designated employee issuing the permit. The permit may be revoked if a 
24.22 	county agricultural inspector or local weedan inspector or county-designated employee
24.23 	determines that the applicant has not complied with this section.

24.24 	Sec. 34. Minnesota Statutes 2008, section 18.83, is amended to read:
24.25 	18.83 CONTROL; ERADICATION; NOTICES; EXPENSES.
24.26 		Subdivision 1.General weed notice. A general notice for noxious weed control 
24.27 	or eradication must be published on or before May 15 of each year and at other 
24.28 	times the commissioner directs. Failure of the county agricultural weed inspector or 
24.29 	county-designated employee to publish the general notice does not relieve a person from 
24.30 	the necessity of full compliance with sections 18.76 to 18.8818.91 and related rules. The 
24.31 	published notice is legal and sufficient notice when an individual notice cannot be served.  
24.32 		Subd. 2.Individual notice. A weedAn inspector or county-designated employee
24.33 	may find it necessary to secure more prompt or definite control or eradication of 
25.1 	noxious weeds than is accomplished by the published general notice. In these special or 
25.2 	individual instances, involving one or a limited number of persons, the weed inspector 
25.3 	or county-designated employee having jurisdiction shall serve individual notices in 
25.4 	writing upon the person who owns the land and the person who occupies the land, or the 
25.5 	person responsible for or charged with the maintenance of public land, giving specific 
25.6 	instructions on when and how named noxious weeds are to be controlled or eradicated. 
25.7 	Individual notices provided for in this section must be served in the same manner as a 
25.8 	summons in a civil action in the district court or by certified mail. Service on a person 
25.9 	living temporarily or permanently outside of the weed inspector's or county-designated 
25.10 	employee's jurisdiction may be made by sending the notice by certified mail to the last 
25.11 	known address of the person, to be ascertained, if necessary, from the last tax list in the 
25.12 	county treasurer's office.
25.13 		Subd. 3.Appeal of individual notice; appeal committee. (1) A recipient of an 
25.14 	individual notice may appeal, in writing, the order for control or eradication of noxious 
25.15 	weeds. This appeal must be filed with a member of the appeal committee in the county 
25.16 	where the land is located within two working days of the time the notice is received. The 
25.17 	committee must inspect the land specified in the notice and report back to the recipient and 
25.18 	the inspector or county-designated employee who issued the notice within five working 
25.19 	days, either agreeing, disagreeing, or revising the order. The decision may be appealed 
25.20 	in district court. If the committee agrees or revises the order, the control or eradication 
25.21 	specified in the order, as approved or revised by the committee, may be carried out.
25.22 	(2) The county board of commissioners shall appoint members of the appeal 
25.23 	committee. The membership must include a county commissioner or municipal official 
25.24 	and a landowner residing in the county. The expenses of the members may be reimbursed 
25.25 	by the county upon submission of an itemized statement to the county auditor. At its 
25.26 	option, the county board of commissioners, by resolution, may delegate the duties of the 
25.27 	appeal committee to its board of adjustment established pursuant to section 394.27. When 
25.28 	carrying out the duties of the appeal committee, the zoning board of adjustment shall 
25.29 	comply with all of the procedural requirements of this section.
25.30 		Subd. 4.Control or eradication by inspector or county-designated employee. If 
25.31 	a person does not comply with an individual notice served on the person or an individual 
25.32 	notice cannot be served, the weed inspector or county-designated employee having 
25.33 	jurisdiction shall have the noxious weeds controlled or eradicated within the time and in 
25.34 	the manner the weed inspector or county-designated employee designates.
25.35 		Subd. 5.Control or eradication by inspector or county-designated employee
25.36 	in growing crop. A weedAn inspector or county-designated employee may consider it 
26.1 	necessary to control or eradicate noxious weeds along with all or a part of a growing 
26.2 	crop to prevent the maturation and spread of noxious weeds within the inspector's or 
26.3 	county-designated employee's jurisdiction. If this situation exists, the weed inspector 
26.4 	or county-designated employee may have the noxious weeds controlled or eradicated 
26.5 	together with the crop after the appeal committee has reviewed the matter as outlined in 
26.6 	subdivision 3 and reported back agreement with the order.
26.7 		Subd. 6.Authorization for person hired to enter upon land. The weed inspector 
26.8 	or county-designated employee may hire a person to control or eradicate noxious weeds if 
26.9 	the person who owns the land, the person who occupies the land, or the person responsible 
26.10 	for the maintenance of public land has failed to comply with an individual notice or with 
26.11 	the published general notice when an individual notice cannot be served. The person 
26.12 	hired must have authorization, in writing, from the weed inspector or county-designated 
26.13 	employee to enter upon the land.
26.14 		Subd. 7.Expenses; reimbursements. A claim for the expense of controlling or 
26.15 	eradicating noxious weeds, which may include the costs of serving notices, is a legal 
26.16 	charge against the county in which the land is located. The officers having the work done 
26.17 	must file with the county auditor a verified and itemized statement of cost for all services 
26.18 	rendered on each separate tract or lot of land. The county auditor shall immediately issue 
26.19 	proper warrants to the persons named on the statement as having rendered services. To 
26.20 	reimburse the county for its expenditure in this regard, the county auditor shall certify 
26.21 	the total amount due and, unless an appeal is made in accordance with section 18.84, 
26.22 	enter it on the tax roll as a tax upon the land and it must be collected as other real estate 
26.23 	taxes are collected.  
26.24 	If public land is involved, the amount due must be paid from funds provided for 
26.25 	maintenance of the land or from the general revenue or operating fund of the agency 
26.26 	responsible for the land. Each claim for control or eradication of noxious weeds on public 
26.27 	lands must first be approved by the commissioner of agriculture.

26.28 	Sec. 35. Minnesota Statutes 2008, section 18.84, subdivision 1, is amended to read:
26.29 		Subdivision 1.Counties and municipalities. Counties and municipalities are 
26.30 	not liable for damages from the noxious weed control program for actions conducted in 
26.31 	accordance with sections 18.76 to 18.88 18.91.  

26.32 	Sec. 36. Minnesota Statutes 2008, section 18.84, subdivision 2, is amended to read:
26.33 		Subd. 2.Appeal of charges to county board. A person who is ordered to control 
26.34 	noxious weeds under sections 18.76 to 18.8818.91 and is charged for noxious weed 
27.1 	control may appeal the cost of noxious weed control to the county board of the county 
27.2 	where the noxious weed control measures were undertaken within 30 days after being 
27.3 	charged. The county board shall determine the amount and approve the charge and filing 
27.4 	of a lien against the property if it determines that the owner, or occupant if other than the 
27.5 	owner, responsible for controlling noxious weeds did not comply with the order of the 
27.6 	inspector or county-designated employee.  

27.7 	Sec. 37. Minnesota Statutes 2008, section 18.84, subdivision 3, is amended to read:
27.8 		Subd. 3.Court Appeal of costs to district court; petition. (a) A landowner who 
27.9 	has appealedperson who is ordered to control noxious weeds under sections 18.76 to 18.91 
27.10 	and is charged for the cost of noxious weed control measures under subdivision 2 may 
27.11 	petition for judicial review of the charges. The petition must be filed within 30 days after 
27.12 	the conclusion of the hearing before the county board being charged. The petition must be 
27.13 	filed with the court administrator in the county in which the land where the noxious weed 
27.14 	control measures were undertaken is located, together with proof of service of a copy of 
27.15 	the petition on the county auditor. No responsive pleadings may be required of the county, 
27.16 	and no court fees may be charged for the appearance of the county in this matter.
27.17 	(b) The petition must be captioned in the name of the person making the petition as 
27.18 	petitioner and respective county as respondents. The petition must include the petitioner's 
27.19 	name, the legal description of the land involved, a copy of the notice to control noxious 
27.20 	weeds, and the date or dates on which appealed control measures were undertaken.
27.21 	(c) The petition must state with specificity the grounds upon which the petitioner 
27.22 	seeks to avoid the imposition of a lien for the cost of noxious weed control measures.

27.23 	Sec. 38. Minnesota Statutes 2008, section 18.86, is amended to read:
27.24 	18.86 UNLAWFUL ACTS.
27.25 	No person may:
27.26 	(1) hinder or obstruct in any way the county agricultural inspectors or local weed 
27.27 	inspectorsan inspector or county-designated employee in the performance of their duties 
27.28 	as provided inunder sections 18.76 to 18.8818.91 or related rules;  
27.29 	(2) neglect, fail, or refuse to comply with section 18.82 or related rules in the 
27.30 	transportation and use of material or equipment infested with noxious weed propagating 
27.31 	parts;  
27.32 	(3) sell material containing noxious weed propagating parts to a person who does 
27.33 	not have a permit to transport that material or to a person who does not have a screenings 
27.34 	permit issued in accordance with section 21.74; or  
28.1 	(4) neglect, fail, or refuse to comply with a general notice or an individual notice to 
28.2 	control or eradicate noxious weeds.

28.3 	Sec. 39. Minnesota Statutes 2008, section 18.87, is amended to read:
28.4 	18.87 PENALTY.
28.5 	A violation of section 18.86 or a rule adopted under that section is a misdemeanor. 
28.6 	County agricultural inspectors, local weed Inspectors, county-designated employees, or 
28.7 	their appointed assistants are not subject to the penalties of this section for failure, neglect, 
28.8 	or refusal to perform duties imposed on them by sections 18.76 to 18.88 18.91.  

28.9 	Sec. 40. Minnesota Statutes 2008, section 18.88, is amended to read:
28.10 	18.88 NOXIOUS WEED PROGRAM FUNDING.
28.11 		Subdivision 1.County. The county board shall pay, from the general revenue or 
28.12 	other fund for the county, the expenses for the county agricultural inspector position or 
28.13 	county-designated employee, for noxious weed control or eradication on all land owned 
28.14 	by the county or on land thatfor which the county is responsible for theits maintenance 
28.15 	of,and for the expenses of the appeal committee, and for necessary expenses as required 
28.16 	for quarantines within the county. Use of funding from grants and other sources for the 
28.17 	administration and enforcement of the Minnesota Noxious Weed Law must be approved 
28.18 	by the county board.
28.19 		Subd. 2.Municipality. The municipality shall pay, from the general revenue or 
28.20 	other fund for the municipality, the necessary expenses of the local weed inspector in the 
28.21 	performance of duties required for quarantines within the municipality, and for noxious 
28.22 	weed control or eradication on land owned by the municipality or on land for which the 
28.23 	municipality is responsible for its maintenance. Use of funding from grants and other 
28.24 	sources for the administration and enforcement of the Minnesota Noxious Weed Law must 
28.25 	be approved by the town board or city mayor.
28.26 		Subd. 3.Funding. Funding in the form of grants or cost sharing may be provided 
28.27 	to the counties for the performance of their activities under section 18.81, subdivisions 
28.28 	1a and 1b.

28.29 	Sec. 41. [18.89] NOXIOUS WEED AND INVASIVE PLANT SPECIES 
28.30 	ASSISTANCE ACCOUNT.
28.31 	The noxious weed and invasive plant species assistance account is created in the 
28.32 	agricultural fund. The account may be used to carry out the purposes of section 18.90. 
28.33 	Any money transferred or appropriated to the account and any money received by the 
29.1 	account as gifts or grants or other private or public funds obtained for the purposes in 
29.2 	section 18.91 must be credited to the account. The money in the account is annually 
29.3 	appropriated to the commissioner to implement section 18.90.

29.4 	Sec. 42. [18.90] GRANT PROGRAM.
29.5 	(a) From funds available in the noxious weed and invasive plant species assistance 
29.6 	account established in section 18.89, the commissioner shall administer a grant program 
29.7 	to assist counties and municipalities and other weed management entities in the cost 
29.8 	of implementing and maintaining noxious weed control programs and in addressing 
29.9 	special weed control problems. The commissioner shall receive applications by counties, 
29.10 	municipalities, weed management areas, and weed management entities for assistance 
29.11 	under this section and, in consultation with the Noxious Weed Advisory Committee, 
29.12 	award grants for any of the following eligible purposes:
29.13 	(1) to conduct applied research to solve locally significant weed management 
29.14 	problems;
29.15 	(2) to demonstrate innovative control methods or land management practices which 
29.16 	have the potential to reduce landowner costs to control noxious weeds or improve the 
29.17 	effectiveness of noxious weed control;
29.18 	(3) to encourage the ongoing support of weed management areas;
29.19 	(4) to respond to introductions or infestations of invasive plants that threaten or 
29.20 	potentially threaten the productivity of cropland and rangeland over a wide area;
29.21 	(5) to respond to introductions or infestations of invasive plant species that threaten 
29.22 	or potentially threaten the productivity of biodiversity of wildlife and fishery habitats on 
29.23 	public and private lands;
29.24 	(6) to respond to special weed control problems involving weeds not included in the 
29.25 	list of noxious weeds published and distributed by the commissioner;
29.26 	(7) to conduct monitoring or surveillance activities to detect, map, or determine 
29.27 	the distribution of invasive plant species and to determine susceptible locations for the 
29.28 	introduction or spread of invasive plant species; and
29.29 	(8) to conduct educational activities.
29.30 	(b) The commissioner shall select and prioritize applications for assistance under 
29.31 	this section based on the following considerations:
29.32 	(1) the seriousness of the noxious weed or invasive plant problem or potential 
29.33 	problem addressed by the project;
29.34 	(2) the ability of the project to provide timely intervention to save current and future 
29.35 	costs of control and eradication;
30.1 	(3) the likelihood that the project will prevent or resolve the problem or increase 
30.2 	knowledge about resolving similar problems in the future;
30.3 	(4) the extent to which the project will leverage federal funds and other nonstate 
30.4 	funds;
30.5 	(5) the extent to which the applicant has made progress in addressing noxious weed 
30.6 	or invasive plant problems;
30.7 	(6) the extent to which the project will provide a comprehensive approach to the 
30.8 	control or eradication of noxious weeds;
30.9 	(7) the extent to which the project will reduce the total population or area of 
30.10 	infestation of a noxious weed;
30.11 	(8) the extent to which the project uses the principles of integrated vegetation 
30.12 	management and sound science; and
30.13 	(9) other factors that the commissioner determines to be relevant.
30.14 	(c) Nothing in this section may be construed to relieve a person of the duty or 
30.15 	responsibility to control the spread of noxious weeds on lands owned and controlled 
30.16 	by the person.

30.17 	Sec. 43. [18.91] ADVISORY COMMITTEE; MEMBERSHIP.
30.18 		Subdivision 1.Duties. The commissioner shall consult with the Noxious Weed 
30.19 	Advisory Committee to advise the commissioner concerning responsibilities under 
30.20 	the noxious weed control program. The committee shall also evaluate species for 
30.21 	invasiveness, difficulty of control, cost of control, benefits, and amount of injury caused 
30.22 	by them. For each species evaluated, the committee shall recommend to the commissioner 
30.23 	on which noxious weed list or lists, if any, the species should be placed. Species currently 
30.24 	designated as prohibited or restricted noxious weeds must be reevaluated every three years 
30.25 	for a recommendation on whether or not they need to remain on the noxious weed lists. 
30.26 	Members of the committee are not entitled to reimbursement of expenses nor payment 
30.27 	of per diem. Members shall serve two-year terms with subsequent reappointment by 
30.28 	the commissioner.
30.29 		Subd. 2.Membership. The commissioner shall appoint members, which shall 
30.30 	include representatives from the following:
30.31 	(1) horticultural science, agronomy, and forestry at the University of Minnesota;
30.32 	(2) the nursery and landscape industry in Minnesota;
30.33 	(3) the seed industry in Minnesota;
30.34 	(4) the Department of Agriculture;
30.35 	(5) the Department of Natural Resources;
31.1 	(6) a conservation organization;
31.2 	(7) an environmental organization;
31.3 	(8) at least two farm organizations;
31.4 	(9) the county agricultural inspectors;
31.5 	(10) city, township, and county governments;
31.6 	(11) the Department of Transportation;
31.7 	(12) the University of Minnesota Extension;
31.8 	(13) the timber and forestry industry in Minnesota;
31.9 	(14) the Board of Water and Soil Resources; and
31.10 	(15) soil and water conservation districts.
31.11 		Subd. 3.Additional duties. The committee shall conduct evaluations of terrestrial 
31.12 	plant species to recommend if they need to be designated as noxious weeds and into which 
31.13 	noxious weed classification they should be designated, advise the commissioner on the 
31.14 	implementation of the Minnesota Noxious Weed Law, and assist the commissioner in the 
31.15 	development of management criteria for each noxious weed category.
31.16 		Subd. 4.Organization. The committee shall select a chair from its membership. 
31.17 	Meetings of the committee may be called by or at the direction of the commissioner or 
31.18 	upon direction of the chair.
31.19 		Subd. 5.Expiration. Notwithstanding section 15.059, subdivision 5, the committee 
31.20 	expires June 30, 2013.

31.21 	Sec. 44. Minnesota Statutes 2008, section 18B.01, is amended by adding a subdivision 
31.22 	to read:
31.23 		Subd. 1a.Agricultural pesticide. "Agricultural pesticide" means a pesticide 
31.24 	that bears labeling that meets federal worker protection agricultural use requirements 
31.25 	established in Code of Federal Regulations, title 40, parts 156 and 170.

31.26 	Sec. 45. Minnesota Statutes 2008, section 18B.01, is amended by adding a subdivision 
31.27 	to read:
31.28 		Subd. 1b.Agricultural pesticide dealer. "Agricultural pesticide dealer" means a 
31.29 	person who distributes an agricultural pesticide in the state or into the state to an end user. 
31.30 	This action would commonly be described as a retail sale.

31.31 	Sec. 46. Minnesota Statutes 2008, section 18B.01, subdivision 8, is amended to read:
31.32 		Subd. 8.Distribute. "Distribute" means offer for sale, sell, barter, ship, deliver for 
31.33 	shipment, receive and deliver, and offer to deliver pesticides in this state or into this state.

32.1 	Sec. 47. Minnesota Statutes 2008, section 18B.01, is amended by adding a subdivision 
32.2 	to read:
32.3 		Subd. 14b.Nonagricultural pesticide. "Nonagricultural pesticide" means a 
32.4 	pesticide that does not bear labeling that meets federal worker protection agricultural use 
32.5 	requirements established in Code of Federal Regulations, title 40, parts 156 and 170.

32.6 	Sec. 48. Minnesota Statutes 2008, section 18B.065, subdivision 1, is amended to read:
32.7 		Subdivision 1. Collection and disposal. The commissioner of agriculture shall 
32.8 	establish and operate a program to collect and dispose of waste pesticides. The program 
32.9 	must be made available to agricultural and residential nonagricultural pesticide end users 
32.10 	whose waste generating activity occurs in this state. Waste pesticide generated in another 
32.11 	state is not eligible for collection under this section.

32.12 	Sec. 49. Minnesota Statutes 2008, section 18B.065, subdivision 2, is amended to read:
32.13 		Subd. 2. Implementation. (a) The commissioner may obtain a United States 
32.14 	Environmental Protection Agency hazardous waste identification number to manage the 
32.15 	waste pesticides collected. 
32.16 	(b) The commissioner may not limit the type and quantity of waste pesticides 
32.17 	accepted for collection and may not assess pesticide end users for portions of the costs 
32.18 	incurred. 

32.19 	Sec. 50. Minnesota Statutes 2008, section 18B.065, subdivision 2a, is amended to read:
32.20 		Subd. 2a. Disposal site requirement. (a) For agricultural waste pesticides, the 
32.21 	commissioner must designate a place in each county of the state that is available at least 
32.22 	every other year for persons to dispose of unused portions of agricultural pesticides. The 
32.23 	commissioner shall consult with the person responsible for solid waste management 
32.24 	and disposal in each county to determine an appropriate location and to advertise each 
32.25 	collection event. The commissioner may provide a collection opportunity in a county 
32.26 	more frequently if the commissioner determines that a collection is warranted.
32.27 	(b) For residential nonagricultural waste pesticides, the commissioner must provide 
32.28 	periodic a disposal opportunities opportunity each year in each county. 
32.29 	(c) As provided under subdivision 7, the commissioner may enter into cooperative 
32.30 	agreements with county or regional solid waste management entities local units of 
32.31 	government to provide these the collections required under paragraph (a) or (b) and shall 
32.32 	provide these entitiesa local unit of government, as part of the cooperative agreement, 
33.1 	with funding for reasonable costs incurred including, but not limited to, related supplies, 
33.2 	transportation, advertising, and disposal costs as well as reasonable overhead costs. 
33.3 	(c) (d) A person who collects waste pesticide under paragraph (a) or (b)this 
33.4 	section shall, on a form provided or in a method approved by the commissioner, record 
33.5 	information on each waste pesticide product collected including, but not limited to, the 
33.6 	quantity collected and either the product name, and its active ingredient or ingredients, 
33.7 	quantity, andor the United States Environmental Protection Agency registration number, 
33.8 	on a form provided by the commissioner. The person must submit this information to the 
33.9 	commissioner at least annually by January 30. 

33.10 	Sec. 51. Minnesota Statutes 2008, section 18B.065, subdivision 3, is amended to read:
33.11 		Subd. 3.Information and; education; report. (a) The commissioner shall 
33.12 	provide informational and educational materials regarding waste pesticides and the proper 
33.13 	management of waste pesticides to the public.
33.14 	(b) No later than March 15 each year, the commissioner must report the following to 
33.15 	the legislative committees with jurisdiction over agriculture finance:
33.16 	(1) each instance of a refusal to collect waste pesticide or the assessment of a fee to a 
33.17 	pesticide end user as authorized in subdivision 2, paragraph (b); and
33.18 	(2) waste pesticide collection information including a discussion of the type and 
33.19 	quantity of waste pesticide collected by the commissioner and any entity collecting waste 
33.20 	pesticide under subdivision 7 during the previous calendar year, a summary of waste 
33.21 	pesticide collection trends, and any corresponding program recommendations.

33.22 	Sec. 52. Minnesota Statutes 2008, section 18B.065, subdivision 7, is amended to read:
33.23 		Subd. 7. Cooperative agreements. (a) The commissioner may enter into 
33.24 	cooperative agreements with state agencies and local units of government for 
33.25 	administration of the waste pesticide collection program. The commissioner shall ensure 
33.26 	that the program is carried out in all counties. If the commissioner cannot contract with 
33.27 	another party to administer the program in a county, the commissioner shall perform 
33.28 	collections according to the provisions of this section. 
33.29 	(b) The commissioner, according to the terms of a cooperative agreement between 
33.30 	the commissioner and a local unit of government, may establish limits for unusual types 
33.31 	or excessive quantities of waste pesticide offered by pesticide end users to the local unit 
33.32 	of government.

34.1 	Sec. 53. Minnesota Statutes 2008, section 18B.065, is amended by adding a 
34.2 	subdivision to read:
34.3 		Subd. 8.Waste pesticide program surcharge. The commissioner shall annually 
34.4 	collect a waste pesticide program surcharge of $50 on each pesticide product registered 
34.5 	in the state as part of a pesticide product registration application under section 18B.26, 
34.6 	subdivision 3.

34.7 	Sec. 54. Minnesota Statutes 2008, section 18B.065, is amended by adding a 
34.8 	subdivision to read:
34.9 		Subd. 9.Waste pesticide cooperative agreement account. (a) A waste pesticide 
34.10 	cooperative agreement account is created in the agricultural fund. Notwithstanding section 
34.11 	18B.05, the proceeds of surcharges imposed under subdivision 8 must be deposited in the 
34.12 	agricultural fund and credited to the waste pesticide cooperative agreement account.
34.13 	(b) Money in the waste pesticide cooperative agreement account, including interest, 
34.14 	is appropriated to the commissioner and may only be used for costs incurred under a 
34.15 	cooperative agreement pursuant to this section.
34.16 	(c) Notwithstanding paragraph (b), if the amount available in the waste pesticide 
34.17 	cooperative agreement account in any fiscal year exceeds the amount obligated to local 
34.18 	units of government under subdivision 7, the excess is appropriated to the commissioner 
34.19 	to perform waste pesticide collections under this section.

34.20 	Sec. 55. Minnesota Statutes 2008, section 18B.26, subdivision 1, is amended to read:
34.21 		Subdivision 1.Requirement. (a) Except as provided in paragraphs (b) to (d), a 
34.22 	person may not use or distribute a pesticide in this state unless it is registered with the 
34.23 	commissioner. Pesticide registrations expire on December 31 of each year and may be 
34.24 	renewed on or before that date for the following calendar year.
34.25 	(b) Registration is not required if a pesticide is shipped from one plant or warehouse 
34.26 	to another plant or warehouse operated by the same person and used solely at the plant 
34.27 	or warehouse as an ingredient in the formulation of a pesticide that is registered under 
34.28 	this chapter.
34.29 	(c) An unregistered pesticide that was previously registered with the commissioner 
34.30 	may be used for a period of two years following the cancellation of the registration of the 
34.31 	pesticide, unless the commissioner determines that the continued use of the pesticide 
34.32 	would cause unreasonable adverse effects on the environment, or with the written 
34.33 	permission of the commissioner. To use the unregistered pesticide at any time after 
34.34 	the two-year period, the pesticide end user must demonstrate to the satisfaction of the 
35.1 	commissioner, if requested, that the pesticide has been continuously registered under a 
35.2 	different brand name or by a different manufacturer and has similar composition, or, the 
35.3 	pesticide end user obtains the written permission of the commissioner.
35.4 	(d) The commissioner may allow specific pesticide products that are not registered 
35.5 	with the commissioner to be distributed in this state for use in another state.
35.6 	(e) Each pesticide with a unique United States Environmental Protection Agency 
35.7 	pesticide registration number or a unique brand name must be registered with the 
35.8 	commissioner.
35.9 	(f) It is unlawful for a person to distribute or use a pesticide in the state, or to sell 
35.10 	into the state for use in the state, any pesticide product that has not been registered by the 
35.11 	commissioner and for which the applicable pesticide registration application fee, gross 
35.12 	sales fee, or waste pesticide program surcharge is not paid pursuant to subdivisions 3 and 4.
35.13 	(g) Every person who sells for use in the state a pesticide product that has been 
35.14 	registered by the commissioner shall pay to the commissioner the applicable registration 
35.15 	application fees, sales fees, and waste pesticide program surcharges. These sales expressly 
35.16 	include all sales made electronically, telephonically, or by any other means that result in a 
35.17 	pesticide product being shipped to or used in the state. There is a rebuttable presumption 
35.18 	that pesticide products that are sold or distributed in or into the state by any person are 
35.19 	sold or distributed for use in the state.

35.20 	Sec. 56. Minnesota Statutes 2008, section 18B.26, subdivision 3, is amended to read:
35.21 		Subd. 3. Registration application and gross sales fee. (a) For an agricultural 
35.22 	pesticide, a registrant shall pay an annual registration application fee for each agricultural 
35.23 	pesticide to be registered, and this fee is set at 0.4 percent of annual gross sales within the 
35.24 	state and annual gross sales of pesticides used in the state, with a minimum nonrefundable 
35.25 	fee of $250 $350. The fee is due by December 31 preceding the year for which the 
35.26 	application for registration is made. The fee is nonrefundable. 
35.27 	The registrant shall determine when and which pesticides are sold or used in this 
35.28 	state.(b) For a nonagricultural pesticide, a registrant shall pay a minimum annual 
35.29 	registration application fee for each nonagricultural pesticide of $350. The fee is due by 
35.30 	December 31 preceding the year for which the application for registration is made. The 
35.31 	fee is nonrefundable. The registrant of a nonagricultural pesticide shall pay, in addition to 
35.32 	the $350 minimum fee, a fee of 0.5 percent of annual gross sales of the nonagricultural 
35.33 	pesticide in the state and the annual gross sales of the nonagricultural pesticide sold into 
35.34 	the state for use in this state. The commissioner may not assess a fee under this paragraph 
35.35 	if the amount due based on percent of annual gross sales is less than $10. The registrant 
36.1 	shall secure sufficient sales information of nonagricultural pesticides distributed into 
36.2 	this state from distributors and dealers, regardless of distributor location, to make a 
36.3 	determination. Sales of nonagricultural pesticides in this state and sales of nonagricultural 
36.4 	pesticides for use in this state by out-of-state distributors are not exempt and must be 
36.5 	included in the registrant's annual report, as required under paragraph (c) (g), and fees 
36.6 	shall be paid by the registrant based upon those reported sales. Sales of nonagricultural 
36.7 	pesticides in the state for use outside of the state are exempt from the application gross 
36.8 	sales fee in this paragraph if the registrant properly documents the sale location and 
36.9 	distributors. A registrant paying more than the minimum fee shall pay the balance due by 
36.10 	March 1 based on the gross sales of the nonagricultural pesticide by the registrant for the 
36.11 	preceding calendar year. The fee for disinfectants and sanitizers shall be the minimum. 
36.12 	The minimum fee is due by December 31 preceding the year for which the application for 
36.13 	registration is made. In each fiscal year, the commissioner shall allocate from the pesticide 
36.14 	regulatory account a sum sufficient to collect and dispose of waste pesticides under section 
36.15 	18B.065. However, notwithstanding section 18B.065, if the commissioner determines 
36.16 	that the balance in the pesticide regulatory account at the end of the fiscal year will be 
36.17 	less than $500,000, the commissioner may suspend waste pesticide collections or provide 
36.18 	partial payment to a person for waste pesticide collection. The commissioner must notify 
36.19 	as soon as possible and no later than August 1 a person under contract to collect waste 
36.20 	pesticides of an anticipated suspension or payment reduction.A pesticide determined by 
36.21 	the commissioner to be a sanitizer or disinfectant is exempt from the gross sales fee.
36.22 	(c) For agricultural pesticides, a licensed agricultural pesticide dealer or licensed 
36.23 	pesticide dealer shall pay a gross sales fee of 0.55 percent of annual gross sales of the 
36.24 	agricultural pesticide in the state and the annual gross sales of the agricultural pesticide 
36.25 	sold into the state for use in this state.
36.26 	(d) In those cases where a registrant first sells an agricultural pesticide in or into the 
36.27 	state to a pesticide end user, the registrant must first obtain an agricultural pesticide dealer 
36.28 	license and is responsible for payment of the annual gross sales fee under paragraph (c), 
36.29 	record keeping under paragraph (i), and all other requirements of section 18B.316.
36.30 	(e) If the total annual revenue from fees collected in fiscal year 2011, 2012, or 2013, 
36.31 	by the commissioner on the registration and sale of pesticides is less than $6,600,000, the 
36.32 	commissioner, after a public hearing, may increase proportionally the pesticide sales and 
36.33 	product registration fees under this chapter by the amount necessary to ensure this level 
36.34 	of revenue is achieved. The authority under this section expires on June 30, 2014. The 
36.35 	commissioner shall report any fee increases under this paragraph 60 days before the fee 
36.36 	change is effective to the senate and house of representatives agriculture budget divisions.
37.1 	(b) (f) An additional fee of $100 50 percent of the registration application fee must 
37.2 	be paid by the applicant for each pesticide to be registered if the application is a renewal 
37.3 	application that is submitted after December 31. 
37.4 	(c) (g) A registrant must annually report to the commissioner the amount and, type
37.5 	and annual gross sales of each registered nonagricultural pesticide sold, offered for sale, or 
37.6 	otherwise distributed in the state. The report shall be filed by March 1 for the previous 
37.7 	year's registration. The commissioner shall specify the form of the report or approve 
37.8 	the method for submittal of the report and may require additional information deemed 
37.9 	necessary to determine the amount and type of pesticidesnonagricultural pesticide 
37.10 	annually distributed in the state. The information required shall include the brand name, 
37.11 	United States Environmental Protection Agency registration number and amount, 
37.12 	and formulation of each nonagricultural pesticide sold, offered for sale, or otherwise 
37.13 	distributed in the state, but the information collected, if made public, shall be reported in a 
37.14 	manner which does not identify a specific brand name in the report. 
37.15 	(h) A licensed agricultural pesticide dealer or licensed pesticide dealer must annually 
37.16 	report to the commissioner the amount, type, and annual gross sales of each registered 
37.17 	agricultural pesticide sold, offered for sale, or otherwise distributed in the state or into the 
37.18 	state for use in the state. The report must be filed by January 31 for the previous year's 
37.19 	sales. The commissioner shall specify the form, contents, and approved electronic method 
37.20 	for submittal of the report and may require additional information deemed necessary to 
37.21 	determine the amount and type of agricultural pesticide annually distributed within the 
37.22 	state or into the state. The information required must include the brand name, United States 
37.23 	Environmental Protection Agency registration number, and amount of each agricultural 
37.24 	pesticide sold, offered for sale, or otherwise distributed in the state or into the state.
37.25 	(i) A person who registers a pesticide with the commissioner under paragraph (b), 
37.26 	or a registrant under paragraph (d), shall keep accurate records for five years detailing 
37.27 	all distribution or sales transactions into the state or in the state and subject to a fee and 
37.28 	surcharge under this section.
37.29 	(j) The records are subject to inspection, copying, and audit by the commissioner 
37.30 	and must clearly demonstrate proof of payment of all applicable fees and surcharges 
37.31 	for each registered pesticide product sold for use in this state. A person who is located 
37.32 	outside of this state must maintain and make available records required by this subdivision 
37.33 	in this state or pay all costs incurred by the commissioner in the inspecting, copying, or 
37.34 	auditing of the records.
38.1 	(k) The commissioner may adopt by rule regulations that require persons subject 
38.2 	to audit under this section to provide information determined by the commissioner to be 
38.3 	necessary to enable the commissioner to perform the audit.
38.4 	(d) (l) A registrant who is required to pay more than the minimum fee for any 
38.5 	pesticide under paragraph (a) (b) must pay a late fee penalty of $100 for each pesticide 
38.6 	application fee paid after March 1 in the year for which the license is to be issued. 

38.7 	EFFECTIVE DATE. The pesticide registration fee changes apply to pesticides 
38.8 	registered on or after July 1, 2009. The remaining provisions of this section apply to 
38.9 	pesticide sales that occur on or after January 1, 2010.

38.10 	Sec. 57. Minnesota Statutes 2008, section 18B.31, subdivision 3, is amended to read:
38.11 		Subd. 3.License. A pesticide dealer license:
38.12 	(1) is issued by the commissioner upon receipt and review of a complete initial or 
38.13 	renewal application;
38.14 	(2) is valid for one year and expires on December January 31 of each year unless it 
38.15 	is suspended or revoked before that date;
38.16 	(2) (3) is not transferable to another location; and
38.17 	(3) (4) must be prominently displayed to the public in the pesticide dealer's place of 
38.18 	business.

38.19 	Sec. 58. Minnesota Statutes 2008, section 18B.31, subdivision 4, is amended to read:
38.20 		Subd. 4.Application. (a) A person must apply to the commissioner for a pesticide 
38.21 	dealer license on the forms and in the manner required by the commissioner.
38.22 	(b) The commissioner may require an additional demonstration of dealer 
38.23 	qualification if the dealer has had a license suspended or revoked, or has otherwise had a 
38.24 	history of violations of this chapter.
38.25 	(c) An application for renewal of a pesticide dealer license is not complete until the 
38.26 	commissioner receives the report and applicable fees required under section 18B.316, 
38.27 	subdivision 8.

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

38.29 	Sec. 59. [18B.316] AGRICULTURAL PESTICIDE DEALER LICENSE AND 
38.30 	REPORTING.
39.1 		Subdivision 1.Requirement. (a) A person must not distribute or sell an agricultural 
39.2 	pesticide in the state or into the state without first obtaining an agricultural pesticide 
39.3 	dealer license.
39.4 	(b) Each location or place of business from which an agricultural pesticide is 
39.5 	distributed or sold in the state or into the state is required to have a separate agricultural 
39.6 	pesticide dealer license.
39.7 	(c)	A person who is a licensed pesticide dealer under section 18B.31 is not required 
39.8 	to also be licensed under this subdivision.
39.9 		Subd. 2.Exemption. A person who is a pesticide registrant under provisions of this 
39.10 	chapter is exempt from the requirement of subdivision 1, except in those cases where a 
39.11 	registrant first sells an agricultural pesticide in or into the state to a pesticide end user, the 
39.12 	registrant must first obtain an agricultural pesticide dealer license.
39.13 		Subd. 3.Resident agent. A person required to be licensed under subdivisions 1 and 
39.14 	2, or a person licensed as a pesticide dealer pursuant to section 18B.31 and who operates 
39.15 	from a location or place of business outside the state and who distributes or sells an 
39.16 	agricultural pesticide into the state, must continuously maintain in this state the following:
39.17 	(1) a registered office; and
39.18 	(2) a registered agent, who may be either a resident of this state whose business 
39.19 	office or residence is identical with the registered office under clause (1), a domestic 
39.20 	corporation or limited liability company, or a foreign corporation of limited liability 
39.21 	company authorized to transact business in this state and having a business office identical 
39.22 	with the registered office.
39.23 	A person licensed under this section or section 18B.31 shall annually file with the 
39.24 	commissioner, either at the time of initial licensing or as part of license renewal, the name, 
39.25 	address, telephone number, and e-mail address of the licensee's registered agent.
39.26 	For licensees under section 18B.31 who are located in the state, the licensee is 
39.27 	the registered agent.
39.28 		Subd. 4.Responsibility. The resident agent is responsible for the acts of a licensed 
39.29 	agricultural pesticide dealer, or of a licensed pesticide dealer under section 18B.31 who 
39.30 	operates from a location or place of business outside the state and who distributes or 
39.31 	sells an agricultural pesticide into the state, as well as the acts of the employees of those 
39.32 	licensees. 
39.33 		Subd. 5.Records. A person licensed as an agricultural pesticide dealer, or a person 
39.34 	licensed as a pesticide dealer pursuant to section 18B.31, must maintain for five years at the 
39.35 	person's principal place of business accurate records of purchases, sales, and distributions 
40.1 	of agricultural pesticides in and into this state, including those of its branch locations. The 
40.2 	records shall be made available for audit under provisions of this chapter and chapter 18D.
40.3 		Subd. 6.Agricultural pesticide sales invoices. Sales invoices for agricultural 
40.4 	pesticides sold in or into this state by a licensed agricultural pesticide dealer or a pesticide 
40.5 	dealer under this section must show the percent of gross sales fee rate assessed and the 
40.6 	gross sales fee paid under section 18B.26, subdivision 3, paragraph (c). Only the person 
40.7 	who actually will pay the gross sales fee may show the rate or the amount of the fee as 
40.8 	a line item on the sales invoice.
40.9 		Subd. 7.License. An agricultural pesticide dealer license: 
40.10 	(1) is issued by the commissioner upon receipt and review of a complete initial or 
40.11 	renewal application;
40.12 	(2) is valid for one year and expires on January 31 of each year;
40.13 	(3) is not transferable from one location or place of business to another location 
40.14 	or place of business; and
40.15 	(4) must be prominently displayed to the public in the agricultural pesticide dealer's 
40.16 	place of business and in the registered office of the resident agent.
40.17 		Subd. 8.Report of sales and payment to the commissioner. A person who is an 
40.18 	agricultural pesticide dealer, or is a licensed pesticide dealer under section 18B.31, who 
40.19 	distributes or sells an agricultural pesticide in or into the state, and a pesticide registrant 
40.20 	pursuant to section 18B.26, subdivision 3, paragraph (d), shall no later than January 31 of 
40.21 	each year report and pay applicable fees on annual gross sales of agricultural pesticides 
40.22 	to the commissioner pursuant to requirements under section 18B.26, subdivision 3, 
40.23 	paragraphs (c) and (h).
40.24 		Subd. 9.Application. (a) A person must apply to the commissioner for an 
40.25 	agricultural pesticide dealer license on forms and in a manner approved by the 
40.26 	commissioner.
40.27 	(b) The applicant must be the person in charge of each location or place of business 
40.28 	from which agricultural pesticides are distributed or sold in or into the state.
40.29 	(c) The commissioner may require that the applicant provide information regarding 
40.30 	the applicant's proposed operations and other information considered pertinent by the 
40.31 	commissioner.
40.32 	(d) The commissioner may require additional demonstration of licensee qualification 
40.33 	if the licensee has had a license suspended or revoked, or has otherwise had a history of 
40.34 	violations in another state or violations of this chapter.
40.35 	(e) A licensed agricultural pesticide dealer who changes the dealer's address or place 
40.36 	of business must immediately notify the commissioner of the change.
41.1 	(f) Beginning January 1, 2011, an application for renewal of an agricultural pesticide 
41.2 	dealer license is complete only when a report and any applicable payment of fees under 
41.3 	subdivision 8 are received by the commissioner.
41.4 		Subd. 10.Application fee. (a) An application for an agricultural pesticide dealer 
41.5 	license, or a renewal of an agricultural pesticide dealer license, must be accompanied 
41.6 	by a nonrefundable fee of $150.
41.7 	(b) If an application for renewal of an agricultural pesticide dealer license is not filed 
41.8 	before January of the year for which the license is to be issued, an additional fee of 50 
41.9 	percent of the application fee must be paid by the applicant before the commissioner 
41.10 	may issue the license.

41.11 	Sec. 60. [18B.346] PESTICIDE APPLICATION ON RAILROAD PROPERTY.
41.12 		Subdivision 1.Applicability. This section applies only to common carrier railroads.
41.13 		Subd. 2.Safety information. (a) In coordination with common carrier railroad 
41.14 	companies operating in this state, the commissioner shall provide annual pesticide safety 
41.15 	outreach opportunities for railroad employees.
41.16 	(b) A common carrier railroad that operates in this state must provide annual 
41.17 	employee pesticide safety training opportunities.
41.18 		Subd. 3.Pesticide applications. (a) A person may not directly apply a restricted 
41.19 	use pesticide to occupied or unoccupied locomotives, track repair equipment, or on-track 
41.20 	housing units unless the pesticide is specifically labeled for that use.
41.21 	(b) Employees of common carrier railroads must not be required to work in affected 
41.22 	areas in a manner that is inconsistent with the pesticide label.
41.23 		Subd. 4.Misuse reporting. A common carrier railroad or a commercial applicator 
41.24 	hired by the common carrier railroad to apply pesticide must report to the commissioner 
41.25 	within four hours, or as soon as practicable, any pesticide misuse known to the railroad 
41.26 	company or commercial applicator that occurred on railroad property or to other property 
41.27 	under the control of the railroad company. For the purposes of this section, "misuse" means 
41.28 	a pesticide application that violates subdivision 3 or any provision in section 18B.07.

41.29 	Sec. 61. Minnesota Statutes 2008, section 18B.37, subdivision 1, is amended to read:
41.30 		Subdivision 1.Pesticide dealer. (a) A pesticide dealer must maintain records of all 
41.31 	sales of restricted use pesticides as required by the commissioner. Records must be kept at 
41.32 	the time of sale on forms supplied by the commissioner or on the pesticide dealer's forms 
41.33 	if they are approved by the commissioner.
42.1 	(b) Records must be submitted annually with the renewal application for a pesticide 
42.2 	dealer license or upon request of the commissioner.
42.3 	(c) Copies of records required under this subdivision must be maintained by the 
42.4 	pesticide dealer for a period of five years after the date of the pesticide sale.

42.5 	Sec. 62. Minnesota Statutes 2008, section 18C.415, subdivision 3, is amended to read:
42.6 		Subd. 3.Effective period. Other Licenses are for the period from January 1 to the 
42.7 	following December 31 and must be renewed annually by the licensee before January 1. A 
42.8 	license is not transferable from one person to another, from the ownership to whom issued 
42.9 	to another ownership, or from one location to another location.

42.10 	Sec. 63. Minnesota Statutes 2008, section 18C.421, is amended to read:
42.11 	18C.421 DISTRIBUTOR'S TONNAGE REPORT.
42.12 		Subdivision 1.Semiannual statement Annual tonnage report. (a) Each licensed 
42.13 	distributor of fertilizer and each registrant of a specialty fertilizer, soil amendment, or plant 
42.14 	amendment must file a semiannual statement for the periods ending December 31 and June 
42.15 	30 with the commissioner on forms furnished by the commissioner stating the number of 
42.16 	net tons and grade of each raw fertilizer material distributed or the number of net tons of 
42.17 	each brand or grade of fertilizer, soil amendment, or plant amendment registrant under 
42.18 	section 18C.411 and licensee under section 18C.415 shall file an annual tonnage report for 
42.19 	the previous year ending June 30 with the commissioner, on forms provided or approved 
42.20 	by the commissioner, stating the number of net tons of each brand or grade of fertilizer, 
42.21 	soil amendment, or plant amendment distributed in this state or the number of net tons and 
42.22 	grade of each raw fertilizer material distributed in this state during the reporting period.
42.23 	(b) A tonnage reports are report is not required to be filed with submitted and an 
42.24 	inspection fee under section 18C.425, subdivision 6, is not required to be paid to the 
42.25 	commissioner from licensees by a licensee who distributed distributes fertilizer solely by 
42.26 	custom application.
42.27 	(c) A report from a licensee who sells to an ultimate consumer must be accompanied 
42.28 	by records or invoice copies indicating the name of the distributor who paid the inspection 
42.29 	fee, the net tons received, and the grade or brand name of the products received.
42.30 	(d) (c) The annual tonnage report is due must be submitted to the commissioner on 
42.31 	or before the last day of the month following the close of each reporting period July 31 of 
42.32 	each calendar year.
42.33 	(e) (d) The inspection fee at the rate stated in section 18C.425, subdivision 6, must 
42.34 	accompany the statement.
43.1 		Subd. 2.Additional reports. The commissioner may by rule require additional 
43.2 	reports for the purpose of gathering statistical data relating to fertilizer, soil amendments, 
43.3 	and plant amendments distribution in the state.
43.4 		Subd. 3.Late annual report and inspection fee penalty. (a) If a distributor does 
43.5 	not file the semiannual statement registrant or licensee fails to submit an annual tonnage 
43.6 	report or pay the inspection fees fee under section 18C.425, subdivision 6, by 31 days 
43.7 	after the end of the reporting period July 31, the commissioner shall assess the registrant 
43.8 	or licensee a penalty of the greater of $25 $50 or ten percent of the amount due against 
43.9 	the licensee or registrant.
43.10 	(b) The fees due, plus the penalty, may be recovered in a civil action against the 
43.11 	licensee or registrant.
43.12 	(c) The assessment of the penalty does not prevent the commissioner from taking 
43.13 	other actions as provided in this chapter and sections 18D.301 to 18D.331.
43.14 		Subd. 4.Responsibility for inspection fees. If more than one person is involved 
43.15 	in the distribution of a fertilizer, soil amendment, or plant amendment, the distributor 
43.16 	who imports, manufactures, or produces the fertilizer or who has the specialty fertilizer, 
43.17 	soil amendment, or plant amendment registered is responsible for the inspection fee on 
43.18 	products produced or brought into this state. The distributor must separately list the 
43.19 	inspection fee on the invoice to the licensee. The last licensee must retain the invoices 
43.20 	showing proof of inspection fees paid for three years and must pay the inspection fee on 
43.21 	products brought into this state before July 1, 1989, unless the reporting and paying of 
43.22 	fees have been made by a prior distributor of the fertilizer.
43.23 		Subd. 5.Verification of statements annual tonnage report. The commissioner 
43.24 	may verify the records on which the statement of annual tonnage report is based.

43.25 	Sec. 64. Minnesota Statutes 2008, section 18C.425, subdivision 4, is amended to read:
43.26 		Subd. 4.Fee for late application. If an application for renewal of a fertilizer 
43.27 	license or registration of a specialty fertilizer, soil amendment, or plant amendment
43.28 	under section 18C.411 or a license under section 18C.415 is not filed before January 1 
43.29 	or July 1 of a year, as required submitted to the commissioner after December 31, an 
43.30 	additional application late fee of one-half of the amount due must be paid in addition to 
43.31 	the application fee before the renewal license or registration may be issued.

43.32 	Sec. 65. Minnesota Statutes 2008, section 18C.425, subdivision 6, is amended to read:
44.1 		Subd. 6.Payment of inspection fees fee. (a) The person who registers and 
44.2 	distributes in the state a specialty fertilizer, soil amendment, or plant amendment under 
44.3 	section 18C.411 shall pay the inspection fee to the commissioner.
44.4 	(b) The person licensed under section 18C.415 who distributes a fertilizer to a person 
44.5 	not required to be so licensed shall pay the inspection fee to the commissioner, except as 
44.6 	exempted under section 18C.421, subdivision 1, paragraph (b).
44.7 	(c) The person responsible for payment of the inspection fees for fertilizers, soil 
44.8 	amendments, or plant amendments sold and used in this state must pay an inspection fee 
44.9 	of 30 cents per ton, and until June 30, 2019, an additional 40 cents per ton, of fertilizer, 
44.10 	soil amendment, and plant amendment sold or distributed in this state, with a minimum of 
44.11 	$10 on all tonnage reports. Products sold or distributed to manufacturers or exchanged 
44.12 	between them are exempt from the inspection fee imposed by this subdivision if the 
44.13 	products are used exclusively for manufacturing purposes.
44.14 	(d) A registrant or licensee must retain invoices showing proof of fertilizer, plant 
44.15 	amendment, or soil amendment distribution amounts and inspection fees paid for a period 
44.16 	of three years.

44.17 	Sec. 66. Minnesota Statutes 2008, section 18E.03, subdivision 2, is amended to read:
44.18 		Subd. 2.Expenditures. (a) Money in the agricultural chemical response and 
44.19 	reimbursement account may only be used:
44.20 	(1) to pay for the commissioner's responses to incidents under chapters 18B, 18C, 
44.21 	and 18D that are not eligible for payment under section 115B.20, subdivision 2;
44.22 	(2) to pay for emergency responses that are otherwise unable to be funded;
44.23 	(3) to reimburse and pay corrective action costs under section 18E.04; and
44.24 	(4) by the board to reimburse the commissioner for board staff and other 
44.25 	administrative costs and the commissioner's incident response program costs related to 
44.26 	eligible incident sites, up to $225,000 $450,000 per fiscal year.
44.27 	(b) Money in the agricultural chemical response and reimbursement account is 
44.28 	appropriated to the commissioner to make payments as provided in this subdivision.

44.29 	Sec. 67. Minnesota Statutes 2008, section 18E.03, subdivision 4, is amended to read:
44.30 		Subd. 4.Fee. (a) The response and reimbursement fee consists of the surcharges and 
44.31 	any adjustments made by the commissioner in this subdivision and shall be collected by 
44.32 	the commissioner. The amount of the response and reimbursement fee shall be determined 
44.33 	and imposed annually by the commissioner as required to satisfy the requirements in 
44.34 	subdivision 3. The commissioner shall adjust the amount of the surcharges imposed in 
45.1 	proportion to the amount of the surcharges listed in this subdivision. License application 
45.2 	categories under paragraph (d) must be charged in proportion to the amount of surcharges 
45.3 	imposed up to a maximum of 50 percent of the license fees set under chapters 18B and 
45.4 	18C.
45.5 	(b) The commissioner shall impose a surcharge on pesticides registered under 
45.6 	chapter 18B to be collected as a surcharge on the registration application fee gross sales
45.7 	under section 18B.26, subdivision 3, that is equal to 0.1 percent of sales of the pesticide 
45.8 	in the state and sales of pesticides for use in the state during the previous calendar year, 
45.9 	except the surcharge may not be imposed on pesticides that are sanitizers or disinfectants 
45.10 	as determined by the commissioner. No surcharge is required if the surcharge amount 
45.11 	based on percent of annual gross sales is less than $10. The registrant shall determine 
45.12 	when and which pesticides are sold or used in this state. The registrant shall secure 
45.13 	sufficient sales information of pesticides distributed into this state from distributors and 
45.14 	dealers, regardless of distributor location, to make a determination. Sales of pesticides in 
45.15 	this state and sales of pesticides for use in this state by out-of-state distributors are not 
45.16 	exempt and must be included in the registrant's annual report, as required under section 
45.17 	18B.26, subdivision 3, paragraph (c), and fees shall be paid by the registrant based upon 
45.18 	those reported sales. Sales of pesticides in the state for use outside of the state are exempt 
45.19 	from the surcharge in this paragraph if the registrant, agricultural pesticide dealer, or 
45.20 	pesticide dealer properly documents the sale location and the distributors. 
45.21 	(c) The commissioner shall impose a ten cents per ton surcharge on the inspection 
45.22 	fee under section 18C.425, subdivision 6, for fertilizers, soil amendments, and plant 
45.23 	amendments. 
45.24 	(d) The commissioner shall impose a surcharge on the license application of persons 
45.25 	licensed under chapters 18B and 18C consisting of:
45.26 	(1) a $75 surcharge for each site where pesticides are stored or distributed, to 
45.27 	be imposed as a surcharge on pesticide dealer application fees under section 18B.31, 
45.28 	subdivision 5, and the agricultural pesticide dealer application fee under section 18B.316, 
45.29 	subdivision 10; 
45.30 	(2) a $75 surcharge for each site where a fertilizer, plant amendment, or soil 
45.31 	amendment is distributed, to be imposed on persons licensed under sections 18C.415
45.32 	and 18C.425; 
45.33 	(3) a $50 surcharge to be imposed on a structural pest control applicator license 
45.34 	application under section 18B.32, subdivision 6, for business license applications only; 
45.35 	(4) a $20 surcharge to be imposed on commercial applicator license application fees 
45.36 	under section 18B.33, subdivision 7; and
46.1 	(5) a $20 surcharge to be imposed on noncommercial applicator license application 
46.2 	fees under section 18B.34, subdivision 5, except a surcharge may not be imposed on a 
46.3 	noncommercial applicator that is a state agency, political subdivision of the state, the 
46.4 	federal government, or an agency of the federal government.
46.5 	(e) A $1,000 fee shall be imposed on each site where pesticides are stored and sold 
46.6 	for use outside of the state unless:
46.7 	(1) the distributor properly documents that it has less than $2,000,000 per year in 
46.8 	wholesale value of pesticides stored and transferred through the site; or
46.9 	(2) the registrant pays the surcharge under paragraph (b) and the registration fee 
46.10 	under section 18B.26, subdivision 3, for all of the pesticides stored at the site and sold for 
46.11 	use outside of the state. 
46.12 	(f) Paragraphs (c) to (e) apply to sales, licenses issued, applications received for 
46.13 	licenses, and inspection fees imposed on or after July 1, 1990.

46.14 	EFFECTIVE DATE. The change to paragraph (b) is effective January 1, 2010.

46.15 	Sec. 68. Minnesota Statutes 2008, section 18E.06, is amended to read:
46.16 	18E.06 REPORT.
46.17 	By December 1 of each year, the Agricultural Chemical Response Compensation 
46.18 	Board and the commissioner shall submit to the house of representatives Committee 
46.19 	on Ways and Means, the senate Committee on Finance, the house of representatives 
46.20 	and senate committees with jurisdiction over the environment, natural resources, and 
46.21 	agriculture, and the Environmental Quality Board a report detailing the board's activities 
46.22 	and reimbursements and the expenditures and activities associated with the commissioner's 
46.23 	incident response program for which money from the account has been spent during 
46.24 	the previous year.

46.25 	Sec. 69. Minnesota Statutes 2008, section 18H.02, subdivision 12a, is amended to read:
46.26 		Subd. 12a.Individual Dormant. "Individual" means a human being "Dormant" 
46.27 	means nursery stock without etiolated growth.

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

46.29 	Sec. 70. Minnesota Statutes 2008, section 18H.02, is amended by adding a subdivision 
46.30 	to read:
46.31 		Subd. 12b.Etiolated growth. "Etiolated growth" means bleached and unnatural 
46.32 	growth resulting from the exclusion of sunlight.

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

47.2 	Sec. 71. Minnesota Statutes 2008, section 18H.02, is amended by adding a subdivision 
47.3 	to read:
47.4 		Subd. 12c.Individual. "Individual" means a human being.

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

47.6 	Sec. 72. Minnesota Statutes 2008, section 18H.02, is amended by adding a subdivision 
47.7 	to read:
47.8 		Subd. 24a.Packaged stock. "Packaged stock" means bare root nursery stock 
47.9 	packed with the roots in moisture-retaining material encased in plastic film or other 
47.10 	material designed to hold the moisture-retaining material in place.

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

47.12 	Sec. 73. Minnesota Statutes 2008, section 18H.07, subdivision 2, is amended to read:
47.13 		Subd. 2.Nursery stock grower certificate. (a) A nursery stock grower must 
47.14 	pay an annual fee based on the area of all acreage on which nursery stock is grown for 
47.15 	certification as follows:
47.16 	(1) less than one-half acre, $150;
47.17 	(2) from one-half acre to two acres, $200;
47.18 	(3) over two acres up to five acres, $300;
47.19 	(4) over five acres up to ten acres, $350;
47.20 	(5) over ten acres up to 20 acres, $500;
47.21 	(6) over 20 acres up to 40 acres, $650;
47.22 	(7) over 40 acres up to 50 acres, $800;
47.23 	(8) over 50 acres up to 200 acres, $1,100;
47.24 	(9) over 200 acres up to 500 acres, $1,500; and
47.25 	(10) over 500 acres, $1,500 plus $2 for each additional acre.
47.26 	(b) In addition to the fees in paragraph (a), a penalty of ten percent of the fee 
47.27 	due must be charged for each month, or portion thereof, that the fee is delinquent up 
47.28 	to a maximum of 30 percent for any application for renewal not received by January 1
47.29 	postmarked by December 31 of the current year following expiration of a certificate.

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

47.31 	Sec. 74. Minnesota Statutes 2008, section 18H.07, subdivision 3, is amended to read:
48.1 		Subd. 3.Nursery stock dealer certificate. (a) A nursery stock dealer must pay an 
48.2 	annual fee based on the dealer's gross sales of certified nursery stock per location during 
48.3 	the most recent certificate year. A certificate applicant operating for the first time must pay 
48.4 	the minimum fee. The fees per sales location are:
48.5 	(1) gross sales up to $5,000, $150;
48.6 	(2) gross sales over $5,000 up to $20,000, $175;
48.7 	(3) gross sales over $20,000 up to $50,000, $300;
48.8 	(4) gross sales over $50,000 up to $75,000, $425;
48.9 	(5) gross sales over $75,000 up to $100,000, $550;
48.10 	(6) gross sales over $100,000 up to $200,000, $675; and
48.11 	(7) gross sales over $200,000, $800.
48.12 	(b) In addition to the fees in paragraph (a), a penalty of ten percent of the fee 
48.13 	due must be charged for each month, or portion thereof, that the fee is delinquent up 
48.14 	to a maximum of 30 percent for any application for renewal not received by January 1
48.15 	postmarked by December 31 of the current year following expiration of a certificate.

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

48.17 	Sec. 75. Minnesota Statutes 2008, section 18H.09, is amended to read:
48.18 	18H.09 NURSERY STOCK CERTIFICATION REQUIREMENTS.
48.19 	(a) All nursery stock growing at sites identified by nursery stock dealers or nursery 
48.20 	stock growers and submitted for inspection must be inspected by the commissioner within 
48.21 	the previous 12 months prior to sale and found apparently free from quarantine and 
48.22 	regulated nonquarantine pests as well as significantly dangerous or potentially damaging 
48.23 	plant pests. The commissioner may waive a site inspection under the following conditions:
48.24 	(1) the nursery stock is not going to be sold within 12 months;
48.25 	(2) the nursery stock will not be moved out of Minnesota; and
48.26 	(3) the nursery site or stock is not subject to certification requirements associated 
48.27 	with a state or federally regulated or quarantined plant pest.
48.28 	All nursery stock originating from out of state and offered for sale in Minnesota 
48.29 	must have been inspected by the appropriate state or federal agency during the previous 
48.30 	12 months and found free from quarantine and regulated nonquarantine pests as well as 
48.31 	significantly dangerous or potentially damaging plant pests. A nursery stock certificate 
48.32 	is valid from January 1 to December 31.
49.1 	(b) Nursery stock must be accessible to the commissioner for inspection during 
49.2 	regular business hours. Weeds or other growth that hinder a proper inspection are grounds 
49.3 	to suspend or withhold a certificate or require a reinspection.
49.4 	(c) Inspection reports issued to growers must contain a list of the plant pests found at 
49.5 	the time of inspection. Withdrawal-from-distribution orders are considered part of the 
49.6 	inspection reports. A withdrawal-from-distribution order must contain a list of plants 
49.7 	withdrawn from distribution and the location of the plants.
49.8 	(d) The commissioner may post signs to delineate sections withdrawn from 
49.9 	distribution. These signs must remain in place until the commissioner removes them or 
49.10 	grants written permission to the grower to remove the signs.
49.11 	(e) Inspection reports issued to dealers must outline the violations involved and 
49.12 	corrective actions to be taken including withdrawal-from-distribution orders which would 
49.13 	specify nursery stock that could not be distributed from a certain area.
49.14 	(f) Optional inspections of plants may be conducted by the commissioner upon 
49.15 	request by any persons desiring an inspection. A fee as provided in section 18H.07 must 
49.16 	be charged for such an inspection.

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

49.18 	Sec. 76. Minnesota Statutes 2008, section 18H.10, is amended to read:
49.19 	18H.10 STORAGE OF NURSERY STOCK.
49.20 	All nursery stock must be kept and displayed under conditions of temperature, 
49.21 	light, and moisture sufficient to maintain the viability and vigor of the nursery stock.
49.22 	Packaged dormant nursery stock must be stored under conditions that retard growth, 
49.23 	prevent etiolated growth, and protect its viability.

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

49.25 	Sec. 77. Minnesota Statutes 2008, section 28A.085, subdivision 1, is amended to read:
49.26 		Subdivision 1.Violations; prohibited acts. The commissioner may charge a 
49.27 	reinspection fee for each reinspection of a food handler that:
49.28 	(1) is found with a major violation of requirements in chapter 28, 29, 30, 31, 31A, 
49.29 	32, 33, or 34, or rules adopted under one of those chapters;
49.30 	(2) is found with a violation of section 31.02, 31.161, or 31.165, and requires a 
49.31 	follow-up inspection after an administrative meeting held pursuant to section 31.14; or
49.32 	(3) fails to correct equipment and facility deficiencies as required in rules adopted 
49.33 	under chapter 28, 29, 30, 31, 31A, 32, or 34. The first reinspection of a firm with gross 
50.1 	food sales under $1,000,000 must be assessed at $75 $150. The fee for a firm with gross 
50.2 	food sales over $1,000,000 is $100 $200. The fee for a subsequent reinspection of a firm 
50.3 	for the same violation is 50 percent of their current license fee or $200 $300, whichever is 
50.4 	greater. The establishment must be issued written notice of violations with a reasonable 
50.5 	date for compliance listed on the notice. An initial inspection relating to a complaint is 
50.6 	not a reinspection.

50.7 	Sec. 78. Minnesota Statutes 2008, section 28A.21, subdivision 5, is amended to read:
50.8 		Subd. 5.Duties. The task force shall:
50.9 	(1) coordinate educational efforts regarding food safety and defense;
50.10 	(2) provide advice and coordination to state agencies as requested by the agencies;
50.11 	(3) serve as a source of information and referral for the public, news media, and 
50.12 	others concerned with food safety and defense; and
50.13 	(4) make recommendations to Congress, the legislative committees with jurisdiction 
50.14 	over agriculture finance and policy, the legislature, and others about appropriate action to 
50.15 	improve food safety and defense in the state.

50.16 	Sec. 79. Minnesota Statutes 2008, section 31.94, is amended to read:
50.17 	31.94 COMMISSIONER DUTIES.
50.18 	(a) In order to promote opportunities for organic agriculture in Minnesota, the 
50.19 	commissioner shall:
50.20 	(1) survey producers and support services and organizations to determine 
50.21 	information and research needs in the area of organic agriculture practices;
50.22 	(2) work with the University of Minnesota to demonstrate the on-farm applicability 
50.23 	of organic agriculture practices to conditions in this state;
50.24 	(3) direct the programs of the department so as to work toward the promotion of 
50.25 	organic agriculture in this state;
50.26 	(4) inform agencies of how state or federal programs could utilize and support 
50.27 	organic agriculture practices; and
50.28 	(5) work closely with producers, the University of Minnesota, the Minnesota Trade 
50.29 	Office, and other appropriate organizations to identify opportunities and needs as well 
50.30 	as ensure coordination and avoid duplication of state agency efforts regarding research, 
50.31 	teaching, marketing, and extension work relating to organic agriculture.
50.32 	(b) By November 15 of each even-numbered year the commissioner, in conjunction 
50.33 	with the task force created in paragraph (c), shall report on the status of organic 
51.1 	agriculture in Minnesota to the legislative policy and finance committees and divisions 
51.2 	with jurisdiction over agriculture. The report must include:
51.3 	(1) a description of current state or federal programs directed toward organic 
51.4 	agriculture, including significant results and experiences of those programs;
51.5 	(2) a description of specific actions the department of agriculture is taking in the 
51.6 	area of organic agriculture, including the proportion of the department's budget spent on 
51.7 	organic agriculture;
51.8 	(3) a description of current and future research needs at all levels in the area of 
51.9 	organic agriculture;
51.10 	(4) suggestions for changes in existing programs or policies or enactment of new 
51.11 	programs or policies that will affect organic agriculture;
51.12 	(5) a description of market trends and potential for organic products;
51.13 	(6) available information, using currently reliable data, on the price received, yield, 
51.14 	and profitability of organic farms, and a comparison with data on conventional farms; and
51.15 	(7) available information, using currently reliable data, on the positive and negative 
51.16 	impacts of organic production on the environment and human health.
51.17 	(c) The commissioner shall appoint A Minnesota Organic Advisory Task Force to
51.18 	shall advise the commissioner and the University of Minnesota on policies and practices 
51.19 	to programs that will improve organic agriculture in Minnesota, including how available 
51.20 	resources can most effectively be used for outreach, education, research, and technical 
51.21 	assistance that meet the needs of the organic agriculture community. The task force must 
51.22 	consist of the following residents of the state:
51.23 	(1) three farmers using organic agriculture methods;
51.24 	(2) two organic food wholesalers, retailers, or distributors one wholesaler or 
51.25 	distributor of organic products;
51.26 	(3) one representative of organic food certification agencies;
51.27 	(4) two organic food processors;
51.28 	(5) one representative from the University of Minnesota Extension Service;
51.29 	(6) one representative from a University of Minnesota postsecondary research 
51.30 	institution faculty member;
51.31 	(7) one representative from a nonprofit organization representing producers;
51.32 	(8) one twoat-largepublicmember members;
51.33 	(9) one representative from the United States Department of Agriculture; and
51.34 	(10) one retailer of organic products; and
51.35 	(10)(11)  one organic consumer representative.
52.1 	The commissioner, in consultation with the director of the Minnesota Agricultural 
52.2 	Experiment Station; the dean and director of University of Minnesota Extension; and the 
52.3 	dean of the College of Food, Agricultural and Natural Resource Sciences shall appoint 
52.4 	members to serve staggered two-year terms.
52.5 	Terms, Compensation, and removal of members are governed by section 15.059, 
52.6 	subdivision 6. The task force must meet at least twice each year and expires on June 
52.7 	30, 2009 2013.
52.8 	(d) For the purposes of expanding, improving, and developing production and 
52.9 	marketing of the organic products of Minnesota agriculture, the commissioner may 
52.10 	receive funds from state and federal sources and spend them, including through grants or 
52.11 	contracts, to assist producers and processors to achieve certification, to conduct education 
52.12 	or marketing activities, to enter into research and development partnerships, or to address 
52.13 	production or marketing obstacles to the growth and well-being of the industry.
52.14 	(e) The commissioner may facilitate the registration of state organic production 
52.15 	and handling operations including those exempt from organic certification according to 
52.16 	Code of Federal Regulations, title 7, section 205.101, and certification agents operating 
52.17 	within the state.

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

52.19 	Sec. 80. [31.97] FEEDING MINNESOTA TASK FORCE.
52.20 		Subdivision 1.Establishment; purpose. The commissioner of agriculture must 
52.21 	establish the Feeding Minnesota Task Force to study the consumption of Minnesota grown 
52.22 	produce and livestock by facilitating the donation of harvested products to charities that 
52.23 	provide food for hungry people. "Hungry people" must be specifically defined by the 
52.24 	task force by its second meeting.
52.25 		Subd. 2.Members. The commissioner must appoint task force members as follows:
52.26 	(1) one member representing a food bank organization;
52.27 	(2) two members representing food producer and grower organizations;
52.28 	(3) one member representing the Minnesota Farmers Market Association;
52.29 	(4) one member representing Minnesota higher education institutions;
52.30 	(5) one member representing the food transportation industry;
52.31 	(6) two members representing statewide agricultural organizations; and
52.32 	(7) one member representing food processors.
52.33 		Subd. 3.No compensation. Task force members may not be compensated under 
52.34 	section 15.059, subdivision 3.
53.1 		Subd. 4.Report. The commissioner must convene the task force no later than 
53.2 	January 31, 2010. The commissioner must make policy recommendations to the chairs of 
53.3 	the legislative committees with jurisdiction over agriculture finance by November 1, 2010.
53.4 		Subd. 5.Expiration. This section expires November 1, 2010.

53.5 	Sec. 81. Minnesota Statutes 2008, section 32.394, subdivision 8, is amended to read:
53.6 		Subd. 8.Grade A inspection fees. A processor or marketing organization of milk, 
53.7 	milk products, sheep milk, or goat milk who wishes to market Grade A milk or use the 
53.8 	Grade A label must apply for Grade A inspection service from the commissioner. A 
53.9 	pasteurization plant requesting Grade A inspection service must hold a Grade A permit 
53.10 	and pay an annual inspection fee of no more than $500. For Grade A farm inspection 
53.11 	service, the fee must be no more than $50 per farm, paid annually by the processor or by 
53.12 	the marketing organization on behalf of its patrons. For a farm requiring a reinspection in 
53.13 	addition to the required biannual inspections, an additional fee of $45 per reinspection
53.14 	must be paid by the processor or by the marketing organization on behalf of its patrons.
53.15 	The fee for reinspection of a farm with fewer than 100 cows is $60 per reinspection. The 
53.16 	fee for reinspection of a farm with 100 or more cows is $150 per reinspection.

53.17 	Sec. 82. Minnesota Statutes 2008, section 41A.09, subdivision 3a, is amended to read:
53.18 		Subd. 3a.Ethanol producer payments. (a) The commissioner shall make cash 
53.19 	payments to producers of ethanol located in the state that have begun production at a 
53.20 	specific location by June 30, 2000. For the purpose of this subdivision, an entity that holds 
53.21 	a controlling interest in more than one ethanol plant is considered a single producer. 
53.22 	The amount of the payment for each producer's annual production, except as provided 
53.23 	in paragraph (c), is 20 cents per gallon for each gallon of ethanol produced at a specific 
53.24 	location on or before June 30, 2000, or ten years after the start of production, whichever is 
53.25 	later. Annually, within 90 days of the end of its fiscal year, an ethanol producer receiving 
53.26 	payments under this subdivision must file a disclosure statement on a form provided by 
53.27 	the commissioner. The initial disclosure statement must include a summary description 
53.28 	of the organization of the business structure of the claimant, a listing of the percentages 
53.29 	of ownership by any person or other entity with an ownership interest of five percent or 
53.30 	greater, and a copy of its annual audited financial statements, including the auditor's report 
53.31 	and footnotes. The disclosure statement must include information demonstrating what 
53.32 	percentage of the entity receiving payments under this section is owned by farmers or 
53.33 	other entities eligible to farm or own agricultural land in Minnesota under the provisions 
53.34 	of section 500.24. Subsequent annual reports must reflect noncumulative changes in 
54.1 	ownership of ten percent or more of the entity.Subsequent annual reports must affirm that 
54.2 	majority ownership of the entity is held by farmers or other entities eligible to farm or 
54.3 	own agricultural land under section 500.24 or individuals residing within 30 miles of the 
54.4 	plant. The report need not disclose the identity of the persons or entities eligible to farm or 
54.5 	own agricultural land with ownership interests, individuals residing within 30 miles of the 
54.6 	plant, or of any other entity with less than ten percent ownership interest, but the claimant 
54.7 	must retain information within its files confirming the accuracy of the data provided. This 
54.8 	data must be made available to the commissioner upon request. Not later than the 15th 
54.9 	day of February in each year the commissioner shall deliver to the chairs of the standing 
54.10 	committees of the senate and the house of representatives that deal with agricultural 
54.11 	policy and agricultural finance issues an annual report summarizing aggregated data from 
54.12 	plants receiving payments under this section during the preceding calendar year. Audited 
54.13 	financial statements and notes and disclosure statements submitted to the commissioner 
54.14 	are nonpublic data under section 13.02, subdivision 9. Notwithstanding the provisions of 
54.15 	chapter 13 relating to nonpublic data, summaries of the submitted audited financial reports 
54.16 	and notes and disclosure statements will be contained in the report to the committee chairs 
54.17 	and will be public data.
54.18 	(b) No payments shall be made for ethanol production that occurs after June 30, 
54.19 	2010. A producer of ethanol shall not transfer the producer's eligibility for payments 
54.20 	under this section to an ethanol plant at a different location.
54.21 	(c) If the level of production at an ethanol plant increases due to an increase in the 
54.22 	production capacity of the plant, the payment under paragraph (a) applies to the additional 
54.23 	increment of production until ten years after the increased production began. Once a 
54.24 	plant's production capacity reaches 15,000,000 gallons per year, no additional increment 
54.25 	will qualify for the payment.
54.26 	(d) Total payments under paragraphs (a) and (c) to a producer in a fiscal year may 
54.27 	not exceed $3,000,000.
54.28 	(e) By the last day of October, January, April, and July, each producer shall file a 
54.29 	claim for payment for ethanol production during the preceding three calendar months. 
54.30 	A producer that files a claim under this subdivision shall include a statement of the 
54.31 	producer's total ethanol production in Minnesota during the quarter covered by the claim. 
54.32 	For each claim and statement of total ethanol production filed under this subdivision, 
54.33 	the volume of ethanol production must be examined by an independent certified public 
54.34 	accountant in accordance with standards established by the American Institute of Certified 
54.35 	Public Accountants.
55.1 	(f) Payments shall be made November 15, February 15, May 15, and August 15. A 
55.2 	separate payment shall be made for each claim filed. Except as provided in paragraph (g), 
55.3 	the total quarterly payment to a producer under this paragraph may not exceed $750,000.
55.4 	(g) Notwithstanding the quarterly payment limits of paragraph (f), the commissioner 
55.5 	shall make an additional payment in the fourth quarter of each fiscal year to ethanol 
55.6 	producers for the lesser of: (1) 20 cents per gallon of production in the fourth quarter of the 
55.7 	year that is greater than 3,750,000 gallons; or (2) the total amount of payments lost during 
55.8 	the first three quarters of the fiscal year due to plant outages, repair, or major maintenance. 
55.9 	Total payments to an ethanol producer in a fiscal year, including any payment under this 
55.10 	paragraph, must not exceed the total amount the producer is eligible to receive based on 
55.11 	the producer's approved production capacity. The provisions of this paragraph apply only 
55.12 	to production losses that occur in quarters beginning after December 31, 1999.
55.13 	(h) The commissioner shall reimburse ethanol producers for any deficiency in 
55.14 	payments during earlier quarters if the deficiency occurred because of unallotment or 
55.15 	because appropriated money was insufficient to make timely payments in the full amount 
55.16 	provided in paragraph (a). Notwithstanding the quarterly or annual payment limitations in 
55.17 	this subdivision, the commissioner shall begin making payments for earlier deficiencies 
55.18 	in each fiscal year that appropriations for ethanol payments exceed the amount required 
55.19 	to make eligible scheduled payments. Payments for earlier deficiencies must continue 
55.20 	until the deficiencies for each producer are paid in full, except the commissioner shall not 
55.21 	make a deficiency payment to an entity that no longer produces ethanol on a commercial 
55.22 	scale at the location for which the entity qualified for producer payments, or to an assignee 
55.23 	of the entity, or an entity that is not majority owned by farmers or other entities eligible 
55.24 	to farm or own agricultural land under section 500.24 or individuals residing within 30 
55.25 	miles of the plant.
55.26 	(i) The commissioner may make direct payments to producers of rural economic 
55.27 	infrastructure provide financial assistance under the agricultural growth, research, and 
55.28 	innovation program in section 41A.12 with any amount of the annual appropriation for 
55.29 	ethanol producer payments and rural economic infrastructure that is in excess of the 
55.30 	amount required to make scheduled ethanol producer payments and deficiency payments 
55.31 	under paragraphs (a) to (h).

55.32 	Sec. 83. [41A.12] AGRICULTURAL GROWTH, RESEARCH, AND 
55.33 	INNOVATION PROGRAM.
56.1 		Subdivision 1.Establishment. The agricultural growth, research, and innovation 
56.2 	program is established in order to promote the advancement of the state's agricultural 
56.3 	and renewable energy industries.
56.4 		Subd. 2.Activities authorized. For the purposes of this program, the commissioner 
56.5 	may issue grants, loans, or other forms of financial assistance. Eligible activities include, 
56.6 	but are not limited to, grants to livestock producers under the livestock investment 
56.7 	grant program under section 17.118, bioenergy awards made by the NextGen Energy 
56.8 	Board under section 41A.105, and financial assistance to support other rural economic 
56.9 	infrastructure activities.
56.10 		Subd. 3.Oversight. The commissioner, in consultation with the chairs and ranking 
56.11 	minority members of the house of representatives and senate committees with jurisdiction 
56.12 	over agriculture finance, must allocate available funds among eligible uses, develop 
56.13 	competitive eligibility criteria, and award funds on a needs basis.
56.14 		Subd. 4.Sunset. This section expires on June 30, 2013.

56.15 	Sec. 84. Minnesota Statutes 2008, section 41B.039, subdivision 2, is amended to read:
56.16 		Subd. 2.State participation. The state may participate in a new real estate loan 
56.17 	with an eligible lender to a beginning farmer to the extent of 45 percent of the principal 
56.18 	amount of the loan or $200,000 $300,000, whichever is less. The interest rates and 
56.19 	repayment terms of the authority's participation interest may be different than the interest 
56.20 	rates and repayment terms of the lender's retained portion of the loan.

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

56.22 	Sec. 85. Minnesota Statutes 2008, section 41B.04, subdivision 8, is amended to read:
56.23 		Subd. 8.State's State participation. With respect to loans that are eligible for 
56.24 	restructuring under sections 41B.01 to 41B.23 and upon acceptance by the authority, 
56.25 	the authority shall enter into a participation agreement or other financial arrangement 
56.26 	whereby it shall participate in a restructured loan to the extent of 45 percent of the primary 
56.27 	principal or $225,000 $400,000, whichever is less. The authority's portion of the loan 
56.28 	must be protected during the authority's participation by the first mortgage held by the 
56.29 	eligible lender to the extent of its participation in the loan.

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

56.31 	Sec. 86. Minnesota Statutes 2008, section 41B.042, subdivision 4, is amended to read:
57.1 		Subd. 4.Participation limit; interest. The authority may participate in new 
57.2 	seller-sponsored loans to the extent of 45 percent of the principal amount of the loan or 
57.3 	$200,000 $300,000, whichever is less. The interest rates and repayment terms of the 
57.4 	authority's participation interest may be different than the interest rates and repayment 
57.5 	terms of the seller's retained portion of the loan.

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

57.7 	Sec. 87. Minnesota Statutes 2008, section 41B.043, subdivision 1b, is amended to read:
57.8 		Subd. 1b.Loan participation. The authority may participate in an agricultural 
57.9 	improvement loan with an eligible lender to a farmer who meets the requirements of 
57.10 	section 41B.03, subdivision 1, clauses (1) and (2), and who is actively engaged in farming. 
57.11 	Participation is limited to 45 percent of the principal amount of the loan or $200,000
57.12 	$300,000, whichever is less. The interest rates and repayment terms of the authority's 
57.13 	participation interest may be different than the interest rates and repayment terms of 
57.14 	the lender's retained portion of the loan.

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

57.16 	Sec. 88. Minnesota Statutes 2008, section 41B.045, subdivision 2, is amended to read:
57.17 		Subd. 2.Loan participation. The authority may participate in a livestock 
57.18 	expansion loan with an eligible lender to a livestock farmer who meets the requirements 
57.19 	of section 41B.03, subdivision 1, clauses (1) and (2), and who are actively engaged in 
57.20 	a livestock operation. A prospective borrower must have a total net worth, including 
57.21 	assets and liabilities of the borrower's spouse and dependents, of less than $660,000 in 
57.22 	2004 and an amount in subsequent years which is adjusted for inflation by multiplying 
57.23 	that amount by the cumulative inflation rate as determined by the United States All-Items 
57.24 	Consumer Price Index.
57.25 	Participation is limited to 45 percent of the principal amount of the loan or $275,000
57.26 	$400,000, whichever is less. The interest rates and repayment terms of the authority's 
57.27 	participation interest may be different from the interest rates and repayment terms of 
57.28 	the lender's retained portion of the loan.

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

57.30 	Sec. 89. Minnesota Statutes 2008, section 97A.045, subdivision 1, is amended to read:
57.31 		Subdivision 1.Duties; generally. (a) The commissioner shall do all things the 
57.32 	commissioner determines are necessary to preserve, protect, and propagate desirable 
58.1 	species of wild animals. The commissioner shall make special provisions for the 
58.2 	management of fish and wildlife to ensure recreational opportunities for anglers and 
58.3 	hunters. The commissioner shall acquire wild animals for breeding or stocking and may 
58.4 	dispose of or destroy undesirable or predatory wild animals and their dens, nests, houses, 
58.5 	or dams.
58.6 	(b) Notwithstanding chapters 17 and 35, the commissioner, in consultation with the 
58.7 	commissioner of agriculture and the executive director of the Board of Animal Health, 
58.8 	may capture or control nonnative or domestic animals that are released, have escaped, 
58.9 	or are otherwise running at large and causing damage to natural resources or agricultural 
58.10 	lands, or that are posing a threat to wildlife, domestic animals, or human health. The 
58.11 	commissioner may work with other agencies to assist in the capture or control and may 
58.12 	authorize persons to take such animals.

58.13 	Sec. 90. Minnesota Statutes 2008, section 239.791, subdivision 1, is amended to read:
58.14 		Subdivision 1.Minimum ethanol content required. (a) Except as provided in 
58.15 	subdivisions 10 to 14, a person responsible for the product shall ensure that all gasoline 
58.16 	sold or offered for sale in Minnesota must contain at least the quantity of ethanol required 
58.17 	by clause (1) or (2), whichever is greater:
58.18 	(1) 10.0 percent denatured ethanol by volume; or
58.19 	(2) the maximum percent of denatured ethanol by volume authorized in a waiver 
58.20 	granted by the United States Environmental Protection Agency under section 211(f)(4) of 
58.21 	the Clean Air Act, United States Code, title 42, section 7545, subsection (f), paragraph (4).
58.22 	(b) For purposes of enforcing the minimum ethanol requirement of paragraph (a),
58.23 	clause (1), a gasoline/ethanol blend will be construed to be in compliance if the ethanol 
58.24 	content, exclusive of denaturants and permitted contaminants, comprises not less than 9.2 
58.25 	percent by volume and not more than 10.0 percent by volume of the blend as determined 
58.26 	by an appropriate United States Environmental Protection Agency or American Society of 
58.27 	Testing Materials standard method of analysis of alcohol/ether content in engine fuels.
58.28 	(c) The provisions of this subdivision are suspended during any period of time that 
58.29 	subdivision 1a, paragraph (a), is in effect.

58.30 	Sec. 91. Minnesota Statutes 2008, section 239.791, subdivision 1a, is amended to read:
58.31 		Subd. 1a.Minimum ethanol content required. (a) Except as provided in 
58.32 	subdivisions 10 to 14, on August 30, 2013, and thereafter, a person responsible for the 
58.33 	product shall ensure that all gasoline sold or offered for sale in Minnesota must contain at 
58.34 	least the quantity of ethanol required by clause (1) or (2), whichever is greater:
59.1 	(1) 20 percent denatured ethanol by volume; or
59.2 	(2) the maximum percent of denatured ethanol by volume authorized in a waiver 
59.3 	granted by the United States Environmental Protection Agency under section 211(f)(4) of 
59.4 	the Clean Air Act, United States Code, title 42, section 7545, subsection (f), paragraph (4).
59.5 	(b) For purposes of enforcing the minimum ethanol requirement of paragraph (a), 
59.6 	clause (1), a gasoline/ethanol blend will be construed to be in compliance if the ethanol 
59.7 	content, exclusive of denaturants and permitted contaminants, comprises not less than 18.4 
59.8 	percent by volume and not more than 20 percent by volume of the blend as determined by 
59.9 	an appropriate United States Environmental Protection Agency or American Society of 
59.10 	Testing Materials standard method of analysis of alcohol content in motor fuels.
59.11 	(c) No motor fuel shall be deemed to be a defective product by virtue of the fact 
59.12 	that the motor fuel is formulated or blended pursuant to the requirements of paragraph 
59.13 	(a) under any theory of liability except for simple or willful negligence or fraud. This 
59.14 	paragraph does not preclude an action for negligent, fraudulent, or willful acts. This 
59.15 	paragraph does not affect a person whose liability arises under chapter 115, water pollution 
59.16 	control; 115A, waste management; 115B, environmental response and liability; 115C, 
59.17 	leaking underground storage tanks; or 299J, pipeline safety; under public nuisance law 
59.18 	for damage to the environment or the public health; under any other environmental or 
59.19 	public health law; or under any environmental or public health ordinance or program of a 
59.20 	municipality as defined in section 466.01.
59.21 	(d) This subdivision expires on December 31, 2010, if by that date:
59.22 	(1) the commissioner of agriculture certifies and publishes the certification in 
59.23 	the State Register that at least 20 percent of the volume of gasoline sold in the state 
59.24 	is denatured ethanol; or
59.25 	(2) federal approval has not been granted for the use of E20 as gasoline under 
59.26 	paragraph (a), clause (1). The United States Environmental Protection Agency's failure 
59.27 	to act on an application shall not be deemed approval of the use of E20 under paragraph 
59.28 	(a), clause (1), or a waiver under section 211(f)(4) of the Clean Air Act, United States 
59.29 	Code, title 42, section 7545, subsection (f), paragraph (4).

59.30 	Sec. 92. Minnesota Statutes 2008, section 336.9-601, is amended to read:
59.31 	336.9-601 RIGHTS AFTER DEFAULT; JUDICIAL ENFORCEMENT; 
59.32 	CONSIGNOR OR BUYER OF ACCOUNTS, CHATTEL PAPER, PAYMENT 
59.33 	INTANGIBLES, OR PROMISSORY NOTES.
60.1 	(a)  Rights of secured party after default. After default, a secured party has the 
60.2 	rights provided in this part and, except as otherwise provided in section 336.9-602, those 
60.3 	provided by agreement of the parties. A secured party: 
60.4 	(1) may reduce a claim to judgment, foreclose, or otherwise enforce the claim, 
60.5 	security interest, or agricultural lien by any available judicial procedure; and
60.6 	(2) if the collateral is documents, may proceed either as to the documents or as 
60.7 	to the goods they cover.
60.8 	(b)  Rights and duties of secured party in possession or control. A secured party 
60.9 	in possession of collateral or control of collateral under section 336.7-106, 336.9-104, 
60.10 	336.9-105, 336.9-106, or 336.9-107 has the rights and duties provided in section 
60.11 	336.9-207. 
60.12 	(c)  Rights cumulative; simultaneous exercise. The rights under subsections (a) 
60.13 	and (b) are cumulative and may be exercised simultaneously. 
60.14 	(d)  Rights of debtor and obligor. Except as otherwise provided in subsection (g) 
60.15 	and section 336.9-605, after default, a debtor and an obligor have the rights provided in 
60.16 	this part and by agreement of the parties. 
60.17 	(e)  Lien of levy after judgment. If a secured party has reduced its claim to 
60.18 	judgment, the lien of any levy that may be made upon the collateral by virtue of an 
60.19 	execution based upon the judgment relates back to the earliest of: 
60.20 	(1) the date of perfection of the security interest or agricultural lien in the collateral;
60.21 	(2) the date of filing a financing statement covering the collateral; or
60.22 	(3) any date specified in a statute under which the agricultural lien was created.
60.23 	(f)  Execution sale. A sale pursuant to an execution is a foreclosure of the security 
60.24 	interest or agricultural lien by judicial procedure within the meaning of this section. A 
60.25 	secured party may purchase at the sale and thereafter hold the collateral free of any other 
60.26 	requirements of this article. 
60.27 	(g)  Consignor or buyer of certain rights to payment. Except as otherwise 
60.28 	provided in section 336.9-607(c), this part imposes no duties upon a secured party that is 
60.29 	a consignor or is a buyer of accounts, chattel paper, payment intangibles, or promissory 
60.30 	notes. 
60.31 	(h) Security interest in collateral that is agricultural property; enforcement. A 
60.32 	person may not begin to enforce a security interest in collateral that is agricultural property 
60.33 	subject to sections 583.20 to 583.32 that has secured a debt of more than $5,000 unless: a 
60.34 	mediation notice under subsection (i) is served on the debtor after a condition of default 
60.35 	has occurred in the security agreement and a copy served on the director of the agricultural 
61.1 	extension service; and the debtor and creditor have completed mediation under sections 
61.2 	583.20 to 583.32; or as otherwise allowed under sections 583.20 to 583.32. 
61.3 	(i) Mediation notice. A mediation notice under subsection (h) must contain the 
61.4 	following notice with the blanks properly filled in.
61.5 	"TO: ...(Name of Debtor)...
61.6 	YOU HAVE DEFAULTED ON THE ...(Debt in Default)... SECURED BY 
61.7 	AGRICULTURAL PROPERTY DESCRIBED AS ...(Reasonable Description of 
61.8 	Agricultural Property Collateral).... THE AMOUNT OF THE OUTSTANDING DEBT 
61.9 	IS ...(Amount of Debt)...
61.10 	AS A SECURED PARTY, ...(Name of Secured Party)... INTENDS TO ENFORCE 
61.11 	THE SECURITY AGREEMENT AGAINST THE AGRICULTURAL PROPERTY 
61.12 	DESCRIBED ABOVE BY REPOSSESSING, FORECLOSING ON, OR OBTAINING 
61.13 	A COURT JUDGMENT AGAINST THE PROPERTY.
61.14 	YOU HAVE THE RIGHT TO HAVE THE DEBT REVIEWED FOR MEDIATION. 
61.15 	IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT WILL BE 
61.16 	MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION, THIS DEBT 
61.17 	WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED PARTY 
61.18 	ENFORCES THE DEBT.
61.19 	IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE 
61.20 	AGRICULTURAL EXTENSION SERVICE WILL PROVIDE AN ORIENTATION 
61.21 	MEETING AND A FINANCIAL ANALYST TO HELP YOU TO PREPARE 
61.22 	FINANCIAL INFORMATION. IF YOU DECIDE TO PARTICIPATE IN MEDIATION, 
61.23 	IT WILL BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE 
61.24 	AND OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION 
61.25 	OFFICE AS SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT 
61.26 	AN AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.
61.27 	TO HAVE THE DEBT REVIEWED FOR MEDIATION YOU MUST FILE A 
61.28 	MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 DAYS AFTER YOU 
61.29 	RECEIVE THIS NOTICE. THE MEDIATION REQUEST FORM IS AVAILABLE AT 
61.30 	ANY COUNTY RECORDER'S OR COUNTY EXTENSION OFFICE.
61.31 	FROM: ...(Name and Address of Secured Party)..."

61.32 	Sec. 93. Minnesota Statutes 2008, section 343.11, is amended to read:
61.33 	343.11 ACQUISITION OF PROPERTY, APPROPRIATIONS.
61.34 	Every county and district society for the prevention of cruelty to animals may 
61.35 	acquire, by purchase, gift, grant, or devise, and hold, use, or convey, real estate and 
62.1 	personal property, and lease, mortgage, sell, or use the same in any manner conducive to 
62.2 	its interest, to the same extent as natural persons. The county board of any county, or the 
62.3 	council of any city, in which such societies exist, may, in its discretion, appropriate for the 
62.4 	maintenance and support of such societies in the transaction of the work for which they are 
62.5 	organized, any sums of money not otherwise appropriated, not to exceed in any one year 
62.6 	the sum of $4,800 or the sum of $1 per capita based upon the county's or city's population 
62.7 	as of the most recent federal census, whichever is greater; provided, that no part of the 
62.8 	appropriation shall be expended for the payment of the salary of any officer of the society.

62.9 	Sec. 94. Minnesota Statutes 2008, section 550.365, subdivision 2, is amended to read:
62.10 		Subd. 2.Contents. A mediation notice must contain the following notice with the 
62.11 	blanks properly filled in.
62.12 	"TO: ....(Name of Judgment Debtor)....
62.13 	A JUDGMENT WAS ORDERED AGAINST YOU BY ....(Name of Court).... 
62.14 	ON ....(Date of Judgment).
62.15 	AS A JUDGMENT CREDITOR, ....(Name of Judgment Creditor).... INTENDS 
62.16 	TO TAKE ACTION AGAINST THE AGRICULTURAL PROPERTY DESCRIBED AS 
62.17 	....(Description of Agricultural Property).... TO SATISFY THE JUDGMENT IN THE 
62.18 	AMOUNT OF ....(Amount of Debt)....
62.19 	YOU HAVE THE RIGHT TO HAVE THE DEBT REVIEWED FOR MEDIATION. 
62.20 	IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT WILL BE 
62.21 	MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION, THIS DEBT 
62.22 	WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED PARTY 
62.23 	ENFORCES THE DEBT.
62.24 	IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE 
62.25 	AGRICULTURAL EXTENSION SERVICE WILL PROVIDE AN ORIENTATION 
62.26 	MEETING AND A FINANCIAL ANALYST TO HELP YOU PREPARE FINANCIAL 
62.27 	INFORMATION. IF YOU DECIDE TO PARTICIPATE IN MEDIATION, IT WILL 
62.28 	BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE AND 
62.29 	OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION OFFICE 
62.30 	AS SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT AN 
62.31 	AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.
62.32 	TO HAVE THE DEBT REVIEWED FOR MEDIATION YOU MUST FILE A 
62.33 	MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 DAYS AFTER YOU 
62.34 	RECEIVE THIS NOTICE. THE MEDIATION REQUEST FORM IS AVAILABLE AT 
62.35 	ANY COUNTY RECORDER'S OR COUNTY EXTENSION OFFICE.
63.1 	FROM: ....(Name and Address of Judgment Creditor)...."

63.2 	Sec. 95. Minnesota Statutes 2008, section 559.209, subdivision 2, is amended to read:
63.3 		Subd. 2.Contents. A mediation notice must contain the following notice with the 
63.4 	blanks properly filled in.
63.5 	"TO: ....(Name of Contract for Deed Purchaser)....
63.6 	YOU HAVE DEFAULTED ON THE CONTRACT FOR DEED OF THE 
63.7 	AGRICULTURAL PROPERTY DESCRIBED AS ....(Size and Reasonable Location of 
63.8 	Property, Not Legal Description)..... THE AMOUNT OF THE OUTSTANDING DEBT 
63.9 	IS ....(Amount of Debt)....
63.10 	AS THE CONTRACT FOR DEED VENDOR, ....(Contract for Deed Vendor).... 
63.11 	INTENDS TO TERMINATE THE CONTRACT AND TAKE BACK THE PROPERTY.
63.12 	YOU HAVE THE RIGHT TO HAVE THE CONTRACT FOR DEED DEBT 
63.13 	REVIEWED FOR MEDIATION. IF YOU REQUEST MEDIATION, A DEBT THAT 
63.14 	IS IN DEFAULT WILL BE MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST 
63.15 	MEDIATION, THIS DEBT WILL NOT BE SUBJECT TO FUTURE MEDIATION IF 
63.16 	THE CONTRACT FOR DEED VENDOR BEGINS REMEDIES TO ENFORCE THE 
63.17 	DEBT.
63.18 	IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE 
63.19 	AGRICULTURAL EXTENSION SERVICE WILL PROVIDE AN ORIENTATION 
63.20 	MEETING AND A FINANCIAL ANALYST TO HELP YOU PREPARE FINANCIAL 
63.21 	INFORMATION. IF YOU DECIDE TO PARTICIPATE IN MEDIATION, IT WILL 
63.22 	BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE AND 
63.23 	OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION OFFICE 
63.24 	AS SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT AN 
63.25 	AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.
63.26 	TO HAVE THE CONTRACT FOR DEED DEBT REVIEWED FOR MEDIATION 
63.27 	YOU MUST FILE A MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 
63.28 	DAYS AFTER YOU RECEIVE THE NOTICE. THE MEDIATION REQUEST FORM IS 
63.29 	AVAILABLE AT ANY COUNTY EXTENSION OFFICE.
63.30 	FROM: ....(Name and Address of Contract for Deed Vendor)...."

63.31 	Sec. 96. Minnesota Statutes 2008, section 582.039, subdivision 2, is amended to read:
63.32 		Subd. 2.Contents. A mediation notice must contain the following notice with the 
63.33 	blanks properly filled in.
63.34 	"TO: ....(Name of Record Owner)....
64.1 	YOU HAVE DEFAULTED ON THE MORTGAGE OF THE AGRICULTURAL 
64.2 	PROPERTY DESCRIBED AS ....(Size and Reasonable Location, Not Legal 
64.3 	Description)..... THE AMOUNT OF THE OUTSTANDING DEBT ON THIS 
64.4 	PROPERTY IS ....(Amount of Debt)....
64.5 	AS HOLDER OF THE MORTGAGE, ....(Name of Holder of Mortgage).... 
64.6 	INTENDS TO FORECLOSE ON THE PROPERTY DESCRIBED ABOVE.
64.7 	YOU HAVE THE RIGHT TO HAVE THE MORTGAGE DEBT REVIEWED FOR 
64.8 	MEDIATION. IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT 
64.9 	WILL BE MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION, 
64.10 	THIS DEBT WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED 
64.11 	PARTY ENFORCES THE DEBT.
64.12 	IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE 
64.13 	AGRICULTURAL EXTENSION SERVICE WILL PROVIDE AN ORIENTATION 
64.14 	MEETING AND A FINANCIAL ANALYST TO HELP YOU PREPARE FINANCIAL 
64.15 	INFORMATION. IF YOU DECIDE TO PARTICIPATE IN MEDIATION, IT WILL 
64.16 	BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE AND 
64.17 	OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION OFFICE 
64.18 	AS SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT AN 
64.19 	AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.
64.20 	TO HAVE THE MORTGAGE DEBT REVIEWED FOR MEDIATION YOU MUST 
64.21 	FILE A MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 DAYS AFTER 
64.22 	YOU RECEIVE THIS NOTICE. THE MEDIATION REQUEST FORM IS AVAILABLE 
64.23 	AT ANY COUNTY RECORDER'S OR COUNTY EXTENSION OFFICE.
64.24 	FROM: ....(Name and Address of Holder of Mortgage)...."

64.25 	Sec. 97. Minnesota Statutes 2008, section 583.215, is amended to read:
64.26 	583.215 EXPIRATION.
64.27 	(a) Sections 336.9-601, subsections (h) and (i); 550.365; 559.209; 582.039; and 
64.28 	583.20 to 583.32, expire June 30, 2009 2013.
64.29 	(b) Laws 1986, chapter 398, article 1, section 18, as amended, is repealed.

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

64.31 	Sec. 98. Laws 2008, chapter 274, section 5, is amended to read:
64.32 	Sec. 5. BOVINE TUBERCULOSIS CONTROL ASSESSMENT; 
64.33 	TEMPORARY ASSESSMENT; APPROPRIATION.
 65.1 	(a) From January 1, 2009, to December 31, 2009, a person who purchases a beef 
65.2 	cow, heifer, or steer in cattle that were raised or fed within this state shall collect a 
65.3 	bovine tuberculosis control assessment of $1 per head from the seller and shall submit 
65.4 	all assessments collected to the commissioner of agriculture at least once every 30 days. 
65.5 	If cattle that were raised or fed within this state are sold outside of the state and the 
65.6 	assessment is not collected by the purchaser, the seller is responsible for submitting the 
65.7 	assessment to the commissioner. For the purposes of this section, "a person who purchases 
65.8 	a beef cow, heifer, or steer in cattle that were raised or fed within this state" includes the 
65.9 	first purchaser, as defined in Minnesota Statutes, section 17.53, subdivision 8, paragraph 
65.10 	(a), and any subsequent purchaser of the living animal.
65.11 	(b) Money collected under this section shall be deposited in an account in the special 
65.12 	revenue fund and is appropriated to the Board of Animal Health for bovine tuberculosis 
65.13 	control activities.
65.14 	(c) Notwithstanding paragraph (a), a person may not collect a bovine tuberculosis 
65.15 	control assessment from a person whose cattle operation is located within a modified 
65.16 	accredited zone established under Minnesota Statutes, section 35.244, unless the cattle 
65.17 	owner voluntarily pays the assessment. The commissioner of agriculture shall publish and 
65.18 	make available a list of cattle producers exempt under this paragraph.
65.19 	(d) This section may be enforced under Minnesota Statutes, sections 17.982 to 
65.20 	17.984.

65.21 	EFFECTIVE DATE. This section is effective the day following final enactment 
65.22 	and applies retroactively to cattle purchased on January 1, 2009, and thereafter.

65.23 	Sec. 99. INTERAGENCY STAFF.
 65.24 	For fiscal years 2010 and 2011, the Department of Agriculture, Board of Animal 
65.25 	Health, and Agricultural Utilization Research Institute must not use funds appropriated in 
65.26 	this article or statutorily appropriated from the agricultural fund to directly or indirectly 
65.27 	pay for the services of staff in the Office of the Governor.

65.28 	Sec. 100. GREEN JOBS FOOD PRODUCTION STUDY; REPORT.
 65.29 	The Agricultural Utilization Research Institute shall prepare a detailed study of 
65.30 	this state's food production sector in coordination with the Minnesota State Colleges 
65.31 	and Universities; urban, rural, and tribal community-based agriculture and food security 
65.32 	organizations; members of the legislature with service on committees created by the 
65.33 	Green Jobs Task Force; and other interested stakeholders. The study shall define the size 
65.34 	of the employment base and identify opportunities to increase the number of green jobs 
66.1 	in each of the following sector segments: organics and organic value-added processing 
66.2 	and local, conventional, natural, traditional, and urban farming. No later than January 
66.3 	15, 2010, the Agricultural Utilization Research Institute shall report its findings to the 
66.4 	legislative committees with jurisdiction over employment and economic development 
66.5 	policy or finance or agriculture finance.

66.6 	Sec. 101. FEDERAL STIMULUS FUNDING.
 66.7 	The commissioner of agriculture shall apply for funding available to the state 
66.8 	through the federal American Recovery and Reinvestment Act of 2009, Public Law 111-5, 
66.9 	for areas under the purview of the commissioner including but not limited to agriculture 
66.10 	and rural development, bioenergy, food safety, farm-to-school and related nutrition 
66.11 	programs, and the development of local and regional food systems.

66.12 	Sec. 102. REPORT ON MINNESOTA PROCESSED FOODS LABELING.
 66.13 	(a) The commissioner of agriculture shall consult with Minnesota food processors 
66.14 	and retailers regarding the development of labeling that identifies food products processed 
66.15 	in this state. The commissioner shall consult with interested parties including, but not 
66.16 	limited to, the following organizations:
66.17 	(1) the food processor industry, including representatives who represent different 
66.18 	business sizes and product categories;
66.19 	(2) the food retailer industry, including at least one representative with retail store 
66.20 	locations located outside of the Twin Cities metropolitan area;
66.21 	(3) the Agricultural Utilization Research Institute; and
66.22 	(4) statewide agricultural producer groups.
66.23 	(b) No later than March 31, 2010, the commissioner shall report findings and 
66.24 	recommendations to the legislative committees with jurisdiction over agriculture policy 
66.25 	and finance. The report shall include an assessment of the level of food processor interest 
66.26 	in developing a trademarked logo or labeling statement as well as recommendations 
66.27 	regarding program funding options, product eligibility criteria, and coordination with 
66.28 	existing labeling and promotion programs and resources.

66.29 	Sec. 103. FERAL SWINE REPORT.
 66.30 	The commissioner of natural resources, in coordination with the commissioner of 
66.31 	agriculture and the executive director of the Board of Animal Health, shall develop a 
66.32 	report and recommend any necessary changes to state policies, authorities, and penalties 
66.33 	related to feral swine and other nonnative or domestic animals released, that have 
67.1 	escaped, or that are otherwise running at large. The agencies shall consult with interested 
67.2 	stakeholders. No later than January 15, 2010, the commissioner of natural resources shall 
67.3 	submit the report to the legislative committees with jurisdiction over natural resources 
67.4 	or agriculture policy or finance.

67.5 	Sec. 104. DEADLINE FOR APPOINTMENTS.
 67.6 	(a) The commissioner of agriculture shall complete the new appointments required 
67.7 	by Minnesota Statutes, section 31.94, paragraph (c), no later than September 1, 2009.
67.8 	(b) The commissioner of agriculture shall complete the appointments required 
67.9 	under Minnesota Statutes, section 31.97, by September 1, 2009. The commissioner or 
67.10 	the commissioner's designee shall convene the first meeting of the Feeding Minnesota 
67.11 	Task Force no later than October 1, 2009.
67.12 	(c) The commissioner of agriculture shall complete the appointments required 
67.13 	under Minnesota Statutes, section 18.91, by September 1, 2009. The commissioner or 
67.14 	the commissioner's designee shall convene the first meeting of the committee no later 
67.15 	than October 1, 2009.

67.16 	Sec. 105. APPROPRIATION MODIFICATION.
 67.17 	(a) Notwithstanding Minnesota Statutes, section 35.085, the Board of Animal Health 
67.18 	may make onetime grants to certain beef cattle producers participating in the bovine 
67.19 	tuberculosis herd buyout authorized in Minnesota Statutes, section 35.086, from the 
67.20 	$100,000 appropriation for reimbursements in Laws 2007, chapter 45, article 1, section 4.
67.21 	(b) A buyout participant is eligible for payment under this section if the Board of 
67.22 	Animal Health quarantined the participant's herd and required the participant to sell young 
67.23 	cattle at slaughter rather than as feeder cattle.
67.24 	(c) For each head of cattle sold at slaughter under paragraph (b), the Board of 
67.25 	Animal Health must pay the difference between the fair market feeder cattle value at the 
67.26 	time of sale, as determined by the Board of Animal Health, and the documented slaughter 
67.27 	price received by the participant.

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

67.29 	Sec. 106. UNUSED OFFICE SPACE.
 67.30 	The commissioner of agriculture, in consultation with the commissioner of 
67.31 	administration, shall actively seek tenants to rent vacant or unused space in the Freeman 
67.32 	Building. The commissioner of agriculture shall notify entities that receive state funding 
67.33 	of the amount and type of space available, the rental rate, and other lease terms. No 
68.1 	later than February 1, 2011, the commissioner of agriculture shall report actions taken 
68.2 	and outcomes achieved under this section to the legislative committees with jurisdiction 
68.3 	over agriculture finance. Any revenue raised under this section is appropriated to the 
68.4 	commissioner of agriculture to award grants to livestock producers under Minnesota 
68.5 	Statutes, section 41A.12.

68.6 	Sec. 107.  REPEALER.
 68.7 	Minnesota Statutes 2008, sections 17.49, subdivision 3; 18.81, subdivision 1; 
68.8 	18G.12, subdivision 5; 38.02, subdivisions 3 and 4; 41.51; 41.52; 41.53; 41.55; 41.56; 
68.9 	41.57; 41.58, subdivisions 1 and 2; 41.59, subdivision 1; 41.60; 41.61, subdivision 1; 
68.10 	41.62; 41.63; and 41.65, and Minnesota Rules, part 1505.0820, are repealed.

68.11 	ARTICLE 2
68.12 	RURAL FINANCE AUTHORITY

68.13 	Section 1. RURAL FINANCE AUTHORITY.
 68.14 		Subdivision 1.Appropriation. $35,000,000 is appropriated from the bond proceeds 
68.15 	fund for the purposes set forth in the Minnesota Constitution, article XI, section 5, clause 
68.16 	(h), to the Rural Finance Authority to purchase participation interests in or to make direct 
68.17 	agricultural loans to farmers under Minnesota Statutes, chapter 41B. This appropriation is 
68.18 	for the beginning farmer program under Minnesota Statutes, section 41B.039; the loan 
68.19 	restructuring program under Minnesota Statutes, section 41B.04; the seller-sponsored 
68.20 	program under Minnesota Statutes, section 41B.042; the agricultural improvement loan 
68.21 	program under Minnesota Statutes, section 41B.043; and the livestock expansion loan 
68.22 	program under Minnesota Statutes, section 41B.045. All debt service on bond proceeds 
68.23 	used to finance this appropriation must be repaid by the Rural Finance Authority under 
68.24 	Minnesota Statutes, section 16A.643. Loan participations must be priced to provide full 
68.25 	interest and principal coverage and a reserve for potential losses. Priority for loans must be 
68.26 	given first to basic beginning farmers loans; second, to seller-sponsored loans; and third, 
68.27 	to agricultural improvement loans. The authority may use a portion of this appropriation 
68.28 	to pay bond sales expenses under Minnesota Statutes, section 16A.641, subdivision 8.
68.29 		Subd. 2.Bond sale. To provide the money appropriated in this section from the 
68.30 	bond proceeds fund, the commissioner of finance shall sell and issue bonds of the state in 
68.31 	an amount up to $35,000,000 in the manner, upon the terms, and with the effect prescribed 
68.32 	by Minnesota Statutes, sections 16A.631 to 16A.675, and by the Minnesota Constitution, 
68.33 	article XI, sections 4 to 7.
69.1 		Subd. 3.Notice. If the appropriations in this section are enacted more than once in 
69.2 	the 2009 regular legislative session, these appropriations must be given effect only once.

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

69.4 	ARTICLE 3
69.5 	VETERANS AFFAIRS

69.6	Section 1. VETERANS AFFAIRS.
 	
69.7 	The sums shown in the columns marked "Appropriations" are appropriated to the 
69.8 	agencies and for the purposes specified in this article. The appropriations are from the 
69.9 	general fund and are available for the fiscal years indicated for each purpose. The figures 
69.10 	"2010" and "2011" used in this article mean that the appropriations listed under them are 
69.11 	available for the fiscal year ending June 30, 2010, or June 30, 2011, respectively. "The 
69.12 	first year" is fiscal year 2010. "The second year" is fiscal year 2011. "The biennium" is 
69.13 	fiscal years 2010 and 2011.

69.14				APPROPRIATIONS
	
69.15				Available for the Year
	
69.16				Ending June 30
	
69.17					2010
		2011

69.18	Sec. 2. VETERANS AFFAIRS

69.19	Subdivision 1.Total Appropriation
 	$
	58,325,000
	$
	58,568,000
	
69.20 	The amounts that may be spent for each 
69.21 	purpose are specified in the following 
69.22 	subdivisions.

69.23	Subd. 2.Veterans Services
 		14,652,000
		14,652,000
	
69.24 	$250,000 each year is for a grant to the 
69.25 	Minnesota Assistance Council for Veterans. 
69.26 	This appropriation is in addition to the 
69.27 	existing agency base appropriation and must 
69.28 	be added to the agency appropriation base 
69.29 	for fiscal years 2012 and later.
69.30 	Of this amount, $500,000 in fiscal year 2010 
69.31 	and $500,000 in fiscal year 2011 are to be 
69.32 	used to continue working on the merger of 
69.33 	the Department of Veterans Affairs computer 
70.1 	system and the former Veterans Homes 
70.2 	Board computer system.
70.3 	$100,000 each year is for the costs of 
70.4 	administering the Minnesota GI Bill program 
70.5 	under Minnesota Statutes, section 197.791.
70.6 	 $353,000 each year is for grants to the 
70.7 	following congressionally chartered veterans 
70.8 	service organizations, as designated by the 
70.9 	commissioner: Disabled American Veterans, 
70.10 	Military Order of the Purple Heart, the 
70.11 	American Legion, Veterans of Foreign Wars, 
70.12 	Vietnam Veterans of America, AMVETS, 
70.13 	and Paralyzed Veterans of America. This 
70.14 	funding must be allocated in direct proportion 
70.15 	to the funding currently being provided by 
70.16 	the commissioner to these organizations.

70.17	Subd. 3.Veterans Homes
 		43,673,000
		43,916,000
	
70.18 	Veterans Homes Special Revenue Account.
70.19 	The general fund appropriations made to 
70.20 	the department may be transferred to a 
70.21 	veterans homes special revenue account in 
70.22 	the special revenue fund in the same manner 
70.23 	as other receipts are deposited according 
70.24 	to Minnesota Statutes, section 198.34, and 
70.25 	are appropriated to the department for the 
70.26 	operation of veterans homes facilities and 
70.27 	programs.
70.28 	Repair and Betterment. Of this 
70.29 	appropriation, $1,000,000 in fiscal year 
70.30 	2010 and $500,000 in fiscal year 2011 
70.31 	are to be used for repair, maintenance, 
70.32 	rehabilitation, and betterment activities at 
70.33 	facilities statewide.
71.1 	Hastings Veterans Home. $220,000 each 
71.2 	year is for increases in the mental health 
71.3 	program at the Hastings Veterans Home.
71.4 	Food. $92,000 in fiscal year 2010 and 
71.5 	$189,000 in fiscal year 2011 are for increases 
71.6 	in food costs at the Minnesota veterans 
71.7 	homes.
71.8 	Pharmaceuticals. $287,000 in fiscal year 
71.9 	2010 and $617,000 in fiscal year 2011 are for 
71.10 	increases in pharmaceutical costs.
71.11 	Fuel and Utilities. $277,000 in fiscal year 
71.12 	2010 and $593,000 in fiscal year 2011 are 
71.13 	for increases in fuel and utility costs at the 
71.14 	Minnesota veterans homes.
71.15 	Medicare Part D. $141,000 in fiscal year 
71.16 	2010 and $141,000 in fiscal year 2011 are 
71.17 	for implementation of Minnesota Statutes, 
71.18 	section 198.003, subdivision 7.

71.19 	Sec. 3. Minnesota Statutes 2008, section 16C.16, is amended by adding a subdivision 
71.20 	to read:
71.21 		Subd. 6a.Veteran-owned small businesses. (a) The commissioner shall award up 
71.22 	to a six percent preference, but no less than the percentage awarded to any other group 
71.23 	under this section, in the amount bid on state procurement to certified small businesses 
71.24 	that are majority-owned and operated either:
71.25 	(1) by veterans, as indicated by the person's United States Department of Defense 
71.26 	form DD-214 or by the commissioner of veterans affairs; or
71.27 	(2) by veterans having service-connected disabilities, as determined at any time by 
71.28 	the United States Department of Veterans Affairs.
71.29 	(b) The purpose of this designation is to facilitate the transition of veterans from 
71.30 	military to civilian life, and to help compensate veterans for their sacrifices, including but 
71.31 	not limited to their sacrifice of health and time, to the state and nation during their military 
71.32 	service, as well as to enhance economic development within Minnesota.
71.33 	(c) For purposes of this section and section 16C.19, the following terms have the 
71.34 	meanings given them:
72.1 	(1) "veteran" has the meaning given in section 197.447; and
72.2 	(2) "service-connected disability" has the meaning given in United States Code, title 
72.3 	38, section 101(16), as determined by the United States Department of Veterans Affairs.

72.4 	EFFECTIVE DATE. This section is effective July 1, 2009, and applies to 
72.5 	procurement contract bid solicitations issued on and after that date.

72.6 	Sec. 4. Minnesota Statutes 2008, section 16C.19, is amended to read:
72.7 	16C.19 ELIGIBILITY; RULES.
72.8 	(a) A small business wishing to participate in the programs under section 16C.16, 
72.9 	subdivisions 4 to 7, must be certified by the commissioner. The commissioner shall adopt 
72.10 	by rule standards and procedures for certifying that small businesses, small targeted group 
72.11 	businesses, and small businesses located in economically disadvantaged areas are eligible 
72.12 	to participate under the requirements of sections 16C.16 to 16C.21. The commissioner 
72.13 	shall adopt by rule standards and procedures for hearing appeals and grievances and other 
72.14 	rules necessary to carry out the duties set forth in sections 16C.16 to 16C.21.  
72.15 	(b) The commissioner may make rules which exclude or limit the participation of 
72.16 	nonmanufacturing business, including third-party lessors, brokers, franchises, jobbers, 
72.17 	manufacturers' representatives, and others from eligibility under sections 16C.16 to 
72.18 	16C.21.  
72.19 	(c) The commissioner may make rules that set time limits and other eligibility limits 
72.20 	on business participation in programs under sections 16C.16 to 16C.21.  
72.21 	(d) Notwithstanding paragraph (c), for purposes of sections 16C.16 to 16C.21, 
72.22 	a veteran-owned small business or service-disabled veteran-owned small business, the 
72.23 	principal place of business of which is in Minnesota, is certified if it has been verified by 
72.24 	the United States Department of Veterans Affairs as being a veteran-owned small business 
72.25 	or service disabled veteran-owned small business in accordance with Public Law 109-461 
72.26 	and Code of Federal Regulations, title 38, part 74.

72.27 	EFFECTIVE DATE. This section is effective July 1, 2009, and applies to 
72.28 	procurement contract bid solicitations issued on and after that date.

72.29 	Sec. 5. Minnesota Statutes 2008, section 16C.20, is amended to read:
72.30 	16C.20 CERTIFICATION.
72.31 	A business that is certified by the commissioner of administration as a small 
72.32 	business, small targeted group business,or a small business located in an economically 
72.33 	disadvantaged area, or a veteran-owned small business is eligible to participate under the 
73.1 	requirements of sections 137.31 and 161.321 and, if certified as a small business,or small 
73.2 	targeted group business, or veteran-owned small business, under section 473.142 without 
73.3 	further certification by the contracting agency.  

73.4 	EFFECTIVE DATE. This section is effective July 1, 2009, and applies to 
73.5 	procurement contract bid solicitations issued on and after that date.

73.6 	Sec. 6. Minnesota Statutes 2008, section 43A.11, subdivision 7, is amended to read:
73.7 		Subd. 7.Ranking of veterans. Applicants who meet the minimum qualifications 
73.8 	for a vacant position and claim disabled veteran's preference shall be listed in the applicant 
73.9 	pool ahead of all other applicants. Applicants who meet the minimum qualifications for a 
73.10 	vacant position and claim nondisabled veteran's preference shall be listed in the applicant 
73.11 	pool after those claiming disabled veteran's preference and ahead of nonveterans. Each 
73.12 	recently separated veteran who meets minimum qualifications for a vacant position 
73.13 	and has claimed a veterans or disabled veterans preference must be considered for the 
73.14 	position. The top five recently separated veterans must be granted an interview for the 
73.15 	position by the hiring authority.
73.16 	The term "recently separated veteran" means a veteran, as defined in section 
73.17 	197.447, who has served in active military service, at any time on or after September 
73.18 	11, 2001, and who has been honorably discharged from active service, as shown by the 
73.19 	person's form DD-214.

73.20 	EFFECTIVE DATE. This section is effective July 1, 2009, and applies to all 
73.21 	vacancies posted on or after that date.

73.22 	Sec. 7. Minnesota Statutes 2008, section 43A.23, subdivision 1, is amended to read:
73.23 		Subdivision 1.General. (a) The commissioner is authorized to request proposals 
73.24 	or to negotiate and to enter into contracts with parties which in the judgment of the 
73.25 	commissioner are best qualified to provide service to the benefit plans. Contracts entered 
73.26 	into are not subject to the requirements of sections 16C.16 to 16C.19. The commissioner 
73.27 	may negotiate premium rates and coverage. The commissioner shall consider the cost of 
73.28 	the plans, conversion options relating to the contracts, service capabilities, character, 
73.29 	financial position, and reputation of the carriers, and any other factors which the 
73.30 	commissioner deems appropriate. Each benefit contract must be for a uniform term of at 
73.31 	least one year, but may be made automatically renewable from term to term in the absence 
73.32 	of notice of termination by either party. A carrier licensed under chapter 62A is exempt 
73.33 	from the taxes imposed by chapter 297I on premiums paid to it by the state.
74.1 	(b) All self-insured hospital and medical service products must comply with coverage 
74.2 	mandates, data reporting, and consumer protection requirements applicable to the licensed 
74.3 	carrier administering the product, had the product been insured, including chapters 62J, 
74.4 	62M, and 62Q. Any self-insured products that limit coverage to a network of providers 
74.5 	or provide different levels of coverage between network and nonnetwork providers shall 
74.6 	comply with section 62D.123 and geographic access standards for health maintenance 
74.7 	organizations adopted by the commissioner of health in rule under chapter 62D.
74.8 	(c) Notwithstanding paragraph (b), a self-insured hospital and medical product 
74.9 	offered under sections 43A.22 to 43A.30 is not required to extend dependent coverage to 
74.10 	an eligible employee's unmarried child under the age of 25 to the full extent required under 
74.11 	chapters 62A and 62L. Dependent coverage must, at a minimum, extend to an eligible 
74.12 	employee's unmarried child who is under the age of 19 or an unmarried child under the 
74.13 	age of 25 who is a full-time student. A person who is at least 19 years of age but who is 
74.14 	under the age of 25 and who is not a full-time student must be permitted to be enrolled as 
74.15 	a dependent of an eligible employee until age 25 if the person:
74.16 	(1) was a full-time student immediately prior to being ordered into active military 
74.17 	service, as defined in section 190.05, subdivision 5b or 5c;
74.18 	(2) has been separated or discharged from active military service; and
74.19 	(3) would be eligible to enroll as a dependent of an eligible employee, except that 
74.20 	the person is not a full-time student.
74.21 	The definition of "full-time student" for purposes of this paragraph includes any student 
74.22 	who by reason of illness, injury, or physical or mental disability as documented by 
74.23 	a physician is unable to carry what the educational institution considers a full-time 
74.24 	course load so long as the student's course load is at least 60 percent of what otherwise 
74.25 	is considered by the institution to be a full-time course load. Any notice regarding 
74.26 	termination of coverage due to attainment of the limiting age must include information 
74.27 	about this definition of "full-time student."
74.28 	(d) Beginning January 1, 2010, the health insurance benefit plans offered in the 
74.29 	commissioner's plan under section 43A.18, subdivision 2, and the managerial plan under 
74.30 	section 43A.18, subdivision 3, must include an option for a health plan that is compatible 
74.31 	with the definition of a high-deductible health plan in section 223 of the United States 
74.32 	Internal Revenue Code.

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

75.1 	Sec. 8. Minnesota Statutes 2008, section 161.321, is amended to read:
75.2 	161.321 SMALL BUSINESS CONTRACTS.
75.3 		Subdivision 1.Definitions. For purposes of this section the following terms have 
75.4 	the meanings given them, except where the context clearly indicates a different meaning is 
75.5 	intended.
75.6 	(a) "Award" means the granting of a contract in accordance with all applicable laws 
75.7 	and rules governing competitive bidding except as otherwise provided in this section.
75.8 	(b) "Contract" means an agreement entered into between a business entity and the 
75.9 	state of Minnesota for the construction of transportation improvements.
75.10 	(c) "Subcontractor" means a business entity which enters into a legally binding 
75.11 	agreement with another business entity which is a party to a contract as defined in 
75.12 	paragraph (b).
75.13 	(d) "Targeted group business" means a business designated under section 16C.16, 
75.14 	subdivision 5.  
75.15 	(e) "Veteran-owned small business" means a business designated under section 
75.16 	16C.16, subdivision 6a.
75.17 		Subd. 2.Small business set-asides. (a) The commissioner may award up to a six 
75.18 	percent preference in the amount bid for specified construction work to small targeted 
75.19 	group businesses and veteran-owned small businesses.
75.20 	(b) The commissioner may designate a contract for construction work for award only 
75.21 	to small targeted group businesses if the commissioner determines that at least three small 
75.22 	targeted group businesses are likely to bid. The commissioner may designate a contract for 
75.23 	construction work for award only to veteran-owned small businesses if the commissioner 
75.24 	determines that at least three veteran-owned small businesses are likely to bid.
75.25 	(c) The commissioner, as a condition of awarding a construction contract, may 
75.26 	set goals that require the prime contractor to subcontract a portion of the contract to 
75.27 	small targeted group businesses and veteran-owned small businesses. The commissioner 
75.28 	must establish a procedure for granting waivers from the subcontracting requirement 
75.29 	when qualified small targeted group businesses and veteran-owned small businesses
75.30 	are not reasonably available. The commissioner may establish financial incentives for 
75.31 	prime contractors who exceed the goals for use of subcontractors and financial penalties 
75.32 	for prime contractors who fail to meet goals under this paragraph. The subcontracting 
75.33 	requirements of this paragraph do not apply to prime contractors who are small targeted 
75.34 	group businesses or veteran-owned small businesses.
76.1 	(d) The commissioner may award up to a four percent preference in the amount bid 
76.2 	on procurement to small businesses located in an economically disadvantaged area as 
76.3 	defined in section 16C.16, subdivision 7.  
76.4 		Subd. 3.Awards to small businesses. At least 75 percent of subcontracts awarded 
76.5 	to small targeted group businesses must be performed by the business to which the 
76.6 	subcontract is awarded or another small targeted group business. At least 75 percent 
76.7 	of subcontracts awarded to veteran-owned small businesses must be performed by the 
76.8 	business to which the subcontract is awarded or another veteran-owned small business.
76.9 		Subd. 4.Awards, limitations. Contracts awarded pursuant to this section are 
76.10 	subject to all limitations contained in rules adopted by the commissioner of administration.
76.11 		Subd. 5.Recourse to other businesses. If the commissioner is unable to award 
76.12 	a contract pursuant to the provisions of subdivisions 2 and 3, the award may be placed 
76.13 	pursuant to the normal solicitation and award provisions set forth in this chapter and 
76.14 	chapter 16C.
76.15 		Subd. 6.Rules. The rules adopted by the commissioner of administration to define 
76.16 	small businesses and to set time and other eligibility requirements for participation in 
76.17 	programs under sections 16C.16 to 16C.19 apply to this section. The commissioner may 
76.18 	promulgate other rules necessary to carry out this section.  
76.19 		Subd. 7.Noncompetitive bids. The commissioner is encouraged to purchase 
76.20 	from small targeted group businesses and veteran-owned small businesses designated 
76.21 	under section 16C.16 when making purchases that are not subject to competitive bidding 
76.22 	procedures.  
76.23 		Subd. 8.Report by commissioner. The commissioner of transportation shall report 
76.24 	to the commissioner of administration on compliance with this section. The information 
76.25 	must be reported at the time and in the manner requested by the commissioner.

76.26 	EFFECTIVE DATE. This section is effective July 1, 2009, and applies to 
76.27 	procurement contract bid solicitations issued on and after that date.

76.28 	Sec. 9. [168.1253] GOLD STAR LICENSE PLATE.
76.29 		Subdivision 1.Definitions. (a) The terms used in this section have the meanings 
76.30 	given them in this subdivision.
76.31 	(b) "Active service" has the meaning given in section 190.05, subdivision 5.
76.32 	(c) "Eligible person" means a surviving spouse or parent of a person who has died 
76.33 	while serving honorably in active service.
77.1 	(d) "Motor vehicle" means a vehicle for personal use, not used for commercial 
77.2 	purposes, and may include a passenger automobile, motorcycle, recreational vehicle, 
77.3 	pickup truck, or van.
77.4 		Subd. 2.Issuance; eligibility.  Beginning October 1, 2009, the commissioner shall 
77.5 	issue special plates bearing the inscription "GOLD STAR" to an applicant who:
77.6 	(1) is an owner or joint owner of a motor vehicle;
77.7 	(2) is an eligible person; and
77.8 	(3) complies with all laws relating to the registration and licensing of motor vehicles 
77.9 	and drivers.
77.10 		Subd. 3.No fee. The commissioner shall issue a set of Gold Star plates, or a single 
77.11 	plate for a motorcycle, to an eligible person free of charge, and shall replace the plate or 
77.12 	plates without charge if they become damaged.
77.13 		Subd. 4.Design. The special plates issued under this section must be of a design 
77.14 	and size determined by the commissioner, in consultation with the commissioner of 
77.15 	veterans affairs. The commissioner may design the plates in accordance with section 
77.16 	168.1291, subdivision 2.
77.17 		Subd. 5.Transfer. On payment of a fee of $5 and notification to the commissioner, 
77.18 	special plates issued under this section may be transferred to another motor vehicle owned 
77.19 	or jointly owned by the eligible person.
77.20 		Subd. 6.Costs of production. The commissioner of finance may transfer money 
77.21 	in the "Support Our Troops" account under section 190.19, subdivision 2a, to the driver 
77.22 	and vehicle services account under section 299A.705, subdivision 1, to pay for the cost 
77.23 	of production of the license plates authorized under this section. The commissioner of 
77.24 	veterans affairs and the commissioner of public safety must agree on a payment schedule 
77.25 	before any money may be transferred under this subdivision.

77.26 	Sec. 10. Minnesota Statutes 2008, section 171.06, subdivision 3, is amended to read:
77.27 		Subd. 3. Contents of application; other information. (a) An application must:
77.28 	(1) state the full name, date of birth, sex, and either (i) the residence address of the 
77.29 	applicant, or (ii) designated address under section 5B.05;
77.30 	(2) as may be required by the commissioner, contain a description of the applicant 
77.31 	and any other facts pertaining to the applicant, the applicant's driving privileges, and the 
77.32 	applicant's ability to operate a motor vehicle with safety;
77.33 	(3) state:
77.34 	(i) the applicant's Social Security number; or
78.1 	(ii) if the applicant does not have a Social Security number and is applying for a 
78.2 	Minnesota identification card, instruction permit, or class D provisional or driver's license, 
78.3 	that the applicant certifies that the applicant does not have a Social Security number;
78.4 	(4) contain a space where the applicant may indicate a desire to make an anatomical 
78.5 	gift according to paragraph (b); and
78.6 	(5) contain a notification to the applicant of the availability of a living will/health 
78.7 	care directive designation on the license under section 171.07, subdivision 7; and
78.8 	(6) contain a space where the applicant may request a veteran designation on the 
78.9 	license under section 171.07, subdivision 15, and the driving record under section 171.12, 
78.10 	subdivision 5a.
78.11 	(b) If the applicant does not indicate a desire to make an anatomical gift when 
78.12 	the application is made, the applicant must be offered a donor document in accordance 
78.13 	with section 171.07, subdivision 5. The application must contain statements sufficient to 
78.14 	comply with the requirements of the Darlene Luther Revised Uniform Anatomical Gift 
78.15 	Act, chapter 525A, so that execution of the application or donor document will make 
78.16 	the anatomical gift as provided in section 171.07, subdivision 5, for those indicating a 
78.17 	desire to make an anatomical gift. The application must be accompanied by information 
78.18 	describing Minnesota laws regarding anatomical gifts and the need for and benefits of 
78.19 	anatomical gifts, and the legal implications of making an anatomical gift, including the 
78.20 	law governing revocation of anatomical gifts. The commissioner shall distribute a notice 
78.21 	that must accompany all applications for and renewals of a driver's license or Minnesota 
78.22 	identification card. The notice must be prepared in conjunction with a Minnesota organ 
78.23 	procurement organization that is certified by the federal Department of Health and Human 
78.24 	Services and must include:
78.25 	(1) a statement that provides a fair and reasonable description of the organ donation 
78.26 	process, the care of the donor body after death, and the importance of informing family 
78.27 	members of the donation decision; and
78.28 	(2) a telephone number in a certified Minnesota organ procurement organization that 
78.29 	may be called with respect to questions regarding anatomical gifts.
78.30 	(c) The application must be accompanied also by information containing relevant 
78.31 	facts relating to:
78.32 	(1) the effect of alcohol on driving ability;
78.33 	(2) the effect of mixing alcohol with drugs;
78.34 	(3) the laws of Minnesota relating to operation of a motor vehicle while under the 
78.35 	influence of alcohol or a controlled substance; and
79.1 	(4) the levels of alcohol-related fatalities and accidents in Minnesota and of arrests 
79.2 	for alcohol-related violations.

79.3 	Sec. 11. Minnesota Statutes 2008, section 171.07, is amended by adding a subdivision 
79.4 	to read:
79.5 		Subd. 15.Veteran designation. (a) At the request of the applicant and on payment 
79.6 	of the required fee, the department shall issue, renew, or reissue a driver's license or 
79.7 	Minnesota identification card bearing the designation "Veteran" to an applicant who is 
79.8 	a veteran, as defined in section 197.447.
79.9 	(b) At the time of the initial application for the designation provided under this 
79.10 	subdivision, the applicant must have a certified copy of the veteran's discharge papers.
79.11 	(c) The commissioner of public safety is required to issue drivers' licenses and 
79.12 	Minnesota identification cards with the veteran designation only after entering a new 
79.13 	contract or in coordination with producing a new card design with modifications made 
79.14 	as required by law.

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

79.17 	Sec. 12. Minnesota Statutes 2008, section 171.12, is amended by adding a subdivision 
79.18 	to read:
79.19 		Subd. 5a.Veteran designation. When an applicant for a driver's license, instruction 
79.20 	permit, or Minnesota identification card requests a veteran designation under section 
79.21 	171.06, subdivision 3, the commissioner shall maintain a computer record of veteran 
79.22 	designations. The veteran designation may be removed from the computer record only 
79.23 	upon written notice to the department. The veteran designation is classified as private data 
79.24 	on individuals as defined in section 13.02, subdivision 12, except that this information is 
79.25 	available to the commissioner of veterans affairs for the purpose of administering veterans 
79.26 	benefits.

79.27 	Sec. 13. Minnesota Statutes 2008, section 190.19, subdivision 2a, is amended to read:
79.28 		Subd. 2a.Uses; veterans. Money appropriated to the Department of Veterans 
79.29 	Affairs from the Minnesota "Support Our Troops" account may be used for:
79.30 	(1) grants to veterans service organizations; and
79.31 	(2) outreach to underserved veterans; and
79.32 	(3) transfers to the vehicle services account for gold star license plates under section 
79.33 	168.1253.

80.1 	Sec. 14. Minnesota Statutes 2008, section 197.455, subdivision 1, is amended to read:
80.2 		Subdivision 1.Application. (a) This section shall govern preference of a veteran 
80.3 	under the civil service laws, charter provisions, ordinances, rules or regulations of a 
80.4 	county, city, town, school district, or other municipality or political subdivision of this 
80.5 	state. Any provision in a law, charter, ordinance, rule or regulation contrary to the 
80.6 	applicable provisions of this section is void to the extent of such inconsistency. 
80.7 	(b) Sections 197.46 to 197.48 shall not 197.481 also apply to state civil service. a 
80.8 	veteran who is an incumbent in a classified appointment in the state civil service and has 
80.9 	completed the probationary period for that position, as defined under section 43A.16. 
80.10 	In matters of dismissal from such a position, a qualified veteran has the irrevocable 
80.11 	option of using the procedures described in sections 197.46 to 197.481, or the procedures 
80.12 	provided in the collective bargaining agreement applicable to the person, but not both. 
80.13 	For a qualified veteran electing to use the procedures of sections 197.46 to 197.481, the 
80.14 	matters governed by those sections must not be considered grievances under a collective 
80.15 	bargaining agreement, and if a veteran elects to appeal the dispute through those sections, 
80.16 	the veteran is precluded from making an appeal under the grievance procedure of the 
80.17 	collective bargaining agreement.

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

80.21 	Sec. 15. Minnesota Statutes 2008, section 197.46, is amended to read:
80.22 	197.46 VETERANS PREFERENCE ACT; REMOVAL FORBIDDEN; RIGHT 
80.23 	OF MANDAMUS.
80.24 	Any person whose rights may be in any way prejudiced contrary to any of the 
80.25 	provisions of this section, shall be entitled to a writ of mandamus to remedy the wrong. 
80.26 	No person holding a position by appointment or employment in the several counties, 
80.27 	cities, towns, school districts and all other political subdivisions in the state, who is a 
80.28 	veteran separated from the military service under honorable conditions, shall be removed 
80.29 	from such position or employment except for incompetency or misconduct shown after a 
80.30 	hearing, upon due notice, upon stated charges, in writing.
80.31 	Any veteran who has been notified of the intent to discharge the veteran from an 
80.32 	appointed position or employment pursuant to this section shall be notified in writing of 
80.33 	such intent to discharge and of the veteran's right to request a hearing within 60 days of 
80.34 	receipt of the notice of intent to discharge. The failure of a veteran to request a hearing 
81.1 	within the provided 60-day period shall constitute a waiver of the right to a hearing. Such 
81.2 	failure shall also waive all other available legal remedies for reinstatement.
81.3 	Request for a hearing concerning such a discharge shall be made in writing and 
81.4 	submitted by mail or personal service to the employment office of the concerned employer 
81.5 	or other appropriate office or person.
81.6 	In all governmental subdivisions having an established civil service board or 
81.7 	commission, or merit system authority, such hearing for removal or discharge shall be 
81.8 	held before such civil service board or commission or merit system authority. Where no 
81.9 	such civil service board or commission or merit system authority exists, such hearing 
81.10 	shall be held by a board of three persons appointed as follows: one by the governmental 
81.11 	subdivision, one by the veteran, and the third by the two so selected. In the event the two 
81.12 	persons so selected do not appoint the third person within ten days after the appointment 
81.13 	of the last of the two, then the judge of the district court of the county wherein the 
81.14 	proceeding is pending, or if there be more than one judge in said county then any judge in 
81.15 	chambers, shall have jurisdiction to appoint, and upon application of either or both of the 
81.16 	two so selected shall appoint, the third person to the board and the person so appointed 
81.17 	by the judge with the two first selected shall constitute the board. The veteran may 
81.18 	appeal from the decision of the board upon the charges to the district court by causing 
81.19 	written notice of appeal, stating the grounds thereof, to be served upon the governmental 
81.20 	subdivision or officer making the charges within 15 days after notice of the decision and 
81.21 	by filing the original notice of appeal with proof of service thereof in the office of the court 
81.22 	administrator of the district court within ten days after service thereof. Nothing in section 
81.23 	197.455 or this section shall be construed to apply to the position of private secretary, 
81.24 	teacher, superintendent of schools, or one chief deputy of any elected official or head of 
81.25 	a department, or to any person holding a strictly confidential relation to the appointing 
81.26 	officer. The burden of establishing such relationship shall be upon the appointing officer 
81.27 	in all proceedings and actions relating thereto. 
81.28 	All officers, boards, commissions, and employees shall conform to, comply with, 
81.29 	and aid in all proper ways in carrying into effect the provisions of section 197.455 and this 
81.30 	section notwithstanding any laws, charter provisions, ordinances or rules to the contrary. 
81.31 	Any willful violation of such sections by officers, officials, or employees is a misdemeanor. 

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

81.33 	Sec. 16. Minnesota Statutes 2008, section 197.791, subdivision 6, is amended to read:
81.34 		Subd. 6.Insufficient Appropriation. If The amount appropriated is determined by 
81.35 	the commissioner to be insufficient necessary to pay the benefit amounts in subdivision 
82.1 	5, is appropriated from the general fund to the commissioner must reduce the amounts 
82.2 	specified in subdivision 5, paragraph (c), clauses (1) and (2). During any fiscal year 
82.3 	beginning on or after July 1, 2013, the amount paid under this subdivision must not 
82.4 	exceed $6,000,000.

82.5 	Sec. 17. Minnesota Statutes 2008, section 198.003, is amended by adding a subdivision 
82.6 	to read:
82.7 		Subd. 4a.Federal funding. The commissioner is authorized to apply for and accept 
82.8 	federal funding for purposes of this section.

82.9 	Sec. 18. Minnesota Statutes 2008, section 198.003, is amended by adding a subdivision 
82.10 	to read:
82.11 		Subd. 7.Use of Medicare Part D for pharmacy costs. (a) The commissioner 
82.12 	shall maximize the use of Medicare Part D to pay pharmacy costs for eligible veterans 
82.13 	residing at the veterans homes.
82.14 	(b) The commissioner shall encourage eligible veterans to participate in the 
82.15 	Medicare Part D program and assist veterans in obtaining Medicare Part D coverage.
82.16 	(c) The commissioner shall take any necessary steps to prevent an eligible veteran 
82.17 	participating in Medicare Part D from receiving fewer benefits under Medicare Part D 
82.18 	than they would have received under their existing Veterans Administration benefits.

82.19 	Sec. 19. Minnesota Statutes 2008, section 473.142, is amended to read:
82.20 	473.142 SMALL BUSINESSES.
82.21 	(a) The Metropolitan Council and agencies specified in section 473.143, subdivision 
82.22 	1, may award up to a six percent preference in the amount bid for specified goods 
82.23 	or services to small targeted group businesses and veteran-owned small businesses
82.24 	designated under section 16C.16.  
82.25 	(b) The council and each agency specified in section 473.143, subdivision 1, may 
82.26 	designate a purchase of goods or services for award only to small targeted group businesses 
82.27 	designated under section 16C.16 if the council or agency determines that at least three 
82.28 	small targeted group businesses are likely to bid. The council and each agency specified in 
82.29 	section 473.143, subdivision 1, may designate a purchase of goods or services for award 
82.30 	only to veteran-owned small businesses designated under section 16C.16 if the council or 
82.31 	agency determines that at least three veteran-owned small businesses are likely to bid.
82.32 	(c) The council and each agency specified in section 473.143, subdivision 1, as a 
82.33 	condition of awarding a construction contract or approving a contract for consultant, 
83.1 	professional, or technical services, may set goals that require the prime contractor 
83.2 	to subcontract a portion of the contract to small targeted group businesses and 
83.3 	veteran-owned small businesses designated under section 16C.16. The council or agency 
83.4 	must establish a procedure for granting waivers from the subcontracting requirement 
83.5 	when qualified small targeted group businesses and veteran-owned small businesses are 
83.6 	not reasonably available. The council or agency may establish financial incentives for 
83.7 	prime contractors who exceed the goals for use of subcontractors and financial penalties 
83.8 	for prime contractors who fail to meet goals under this paragraph. The subcontracting 
83.9 	requirements of this paragraph do not apply to prime contractors who are small targeted 
83.10 	group businesses and veteran-owned small businesses. At least 75 percent of the value of 
83.11 	the subcontracts awarded to small targeted group businesses under this paragraph must 
83.12 	be performed by the business to which the subcontract is awarded or by another small 
83.13 	targeted group business. At least 75 percent of the value of the subcontracts awarded to 
83.14 	veteran-owned small businesses under this paragraph must be performed by the business 
83.15 	to which the subcontract is awarded or another veteran-owned small business.
83.16 	(d) The council and each agency listed in section 473.143, subdivision 1, are 
83.17 	encouraged to purchase from small targeted group businesses and veteran-owned small 
83.18 	businesses designated under section 16C.16 when making purchases that are not subject to 
83.19 	competitive bidding procedures.  
83.20 	(e) The council and each agency may adopt rules to implement this section.
83.21 	(f) Each council or agency contract must require the prime contractor to pay any 
83.22 	subcontractor within ten days of the prime contractor's receipt of payment from the 
83.23 	council or agency for undisputed services provided by the subcontractor. The contract 
83.24 	must require the prime contractor to pay interest of 1-1/2 percent per month or any 
83.25 	part of a month to the subcontractor on any undisputed amount not paid on time to the 
83.26 	subcontractor. The minimum monthly interest penalty payment for an unpaid balance of 
83.27 	$100 or more is $10. For an unpaid balance of less than $100, the prime contractor shall 
83.28 	pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil 
83.29 	action to collect interest penalties from a prime contractor must be awarded its costs and 
83.30 	disbursements, including attorney fees, incurred in bringing the action.
83.31 	(g) This section does not apply to procurement financed in whole or in part 
83.32 	with federal funds if the procurement is subject to federal disadvantaged, minority, or 
83.33 	women business enterprise regulations. The council and each agency shall report to the 
83.34 	commissioner of administration on compliance with this section. The information must be 
83.35 	reported at the time and in the manner requested by the commissioner.

84.1 	EFFECTIVE DATE. This section is effective July 1, 2009, and applies to 
84.2 	procurement contract bid solicitations issued on and after that date.

84.3 	Sec. 20. Minnesota Statutes 2008, section 626.8517, is amended to read:
84.4 	626.8517 ELIGIBILITY FOR RECIPROCITY EXAMINATION BASED ON 
84.5 	RELEVANT MILITARY EXPERIENCE.
84.6 	(a) For purposes of this section,:
84.7 	(1) "active service" has the meaning given in section 190.05, subdivision 5; and
84.8 	(2) "relevant military experience" means five years of active duty military police 
84.9 	service.:
84.10 	(i) five years' active service experience in a military law enforcement occupational 
84.11 	specialty;
84.12 	(ii) three years' active service experience in a military law enforcement occupational 
84.13 	specialty, and completion of a two-year or more degree from a regionally accredited 
84.14 	postsecondary education institution; or
84.15 	(iii) five years' cumulative experience as a full-time peace officer in another state 
84.16 	combined with active service experience in a military law enforcement occupational 
84.17 	specialty.
84.18 	(b) A person who has relevant military experience and who has been honorably 
84.19 	discharged from the military active service as evidenced by a form DD-214 is eligible to 
84.20 	take the reciprocity examination.

84.21 	Sec. 21. Laws 2008, chapter 297, article 2, section 26, subdivision 3, is amended to 
84.22 	read:
84.23 		Subd. 3.Administrative provisions. (a) The commissioner of veterans affairs, or 
84.24 	the commissioner's designee, must convene the initial meeting of the working group. 
84.25 	Upon request of the working group, the commissioner must provide meeting space and 
84.26 	administrative services for the group. The members of the working group must elect a 
84.27 	chair or co-chairs from the legislative members of the working group at the initial meeting. 
84.28 	Each subsequent meeting is at the call of the chair or co-chairs.
84.29 	(b) Public members of the working group serve without special compensation or 
84.30 	special payment of expenses from the working group.
84.31 	(c) The working group expires on June 30, 2009 2010, unless an extension is 
84.32 	authorized by law by that date.

84.33 	Sec. 22. REPORTING REQUIRED.
 85.1 	(a) The commissioner of finance must collect the following data annually from each 
85.2 	cabinet-level state agency, with the exception of the Metropolitan Council, and must report 
85.3 	those data, by agency, by the second week of each legislative session, beginning in 2011, 
85.4 	to the chairs and leading minority members of each of the house of representatives and 
85.5 	senate committees having responsibility for veterans policy and finance issues:
85.6 	(1) the total number of persons employed in full-time positions by the state agency;
85.7 	(2) the total number of employees identified in clause (1) who are veterans;
85.8 	(3) the total number of vacant full-time positions in the agency filled by hiring or 
85.9 	appointment during the designated fiscal year;
85.10 	(4) the total number of applications received for the positions identified in clause (3);
85.11 	(5) the total number of applications identified in clause (4) for which veterans 
85.12 	preference was elected by the applicant;
85.13 	(6) the total number of applications identified in clause (5) for which the veteran 
85.14 	applicant was judged by the hiring authority as meeting minimum requirements for the 
85.15 	open positions of employment;
85.16 	(7) the total number of veteran applicants identified in clause (6) who were 
85.17 	interviewed by the hiring authority for the open positions of employment in the agency;
85.18 	(8) the total number of veteran applicants identified in clause (7) who were selected 
85.19 	for and offered employment within the open positions of employment in the agency;
85.20 	(9) the total number of veteran applicants identified in clause (8) who were hired 
85.21 	into the open positions of employment in the agency;
85.22 	(10) the total number of veteran applicants identified in clause (6) who were sent a 
85.23 	rejection letter, in accordance with Minnesota Statutes, section 43A.11, subdivision 9; and
85.24 	(11) any other data or information deemed important by the commissioner of 
85.25 	administration and reflecting on the efforts of the subject agency to recruit and hire 
85.26 	veterans.
85.27 	(b) The data must reflect one full fiscal year or one full calendar year, as determined 
85.28 	by the commissioner of finance.
85.29 	(c) The term "veteran" has the meaning given in Minnesota Statutes, section 197.447.

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

85.31 	Sec. 23. CONSTRUCTION PROJECT PRIORITY LISTING STATUS.
 85.32 	In accordance with completed predesign documents, veterans population surveys, 
85.33 	and the 2008 department construction project priority listing, the commissioner of 
85.34 	veterans affairs shall continue to plan, develop, and pursue federal funding and other 
85.35 	resources for the construction of projects on the listing. In consultation with the Veterans 
86.1 	Affairs Strategic Planning Group and the Veterans Health Care Advisory Council, the 
86.2 	commissioner must consider possible options for treatment, including, but not limited to, 
86.3 	traumatic brain injury, posttraumatic stress disorder, and psycho-geriatric care. By January 
86.4 	15, 2010, the commissioner shall report to the chairs and ranking minority members 
86.5 	of the legislative committees with jurisdiction over veterans homes policy and finance 
86.6 	regarding the status of the department construction project priority listing and the activities 
86.7 	required under this section. Priority for future Minnesota Department of Veterans Affairs 
86.8 	building projects shall be given to proposals for which state money has previously been 
86.9 	appropriated.

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

86.11 	Sec. 24. VETERANS CEMETERY SITING.
 86.12 	The commissioner of veterans affairs shall work with veterans groups, local 
86.13 	government officials, and community groups, and in consultation with the commissioner 
86.14 	of natural resources, to identify suitable locations for a state veterans cemetery in 
86.15 	both northeastern and southwestern Minnesota. Redwood County shall be a priority 
86.16 	location for a state veterans cemetery in southwestern Minnesota. State land and land 
86.17 	donated for cemetery purposes shall be examined first before examining land acquisition 
86.18 	opportunities. The commissioner shall provide notice to local units of government to 
86.19 	request land donations for this purpose.

86.20 	Sec. 25. INTERAGENCY STAFF.
 86.21 	For fiscal years 2010 and 2011, the Department of Veterans Affairs must not use 
86.22 	funds appropriated in this article directly or indirectly to pay for the services of staff in the 
86.23 	Office of the Governor.

86.24 	ARTICLE 4
86.25 	MILITARY AFFAIRS

86.26	Section 1. MILITARY APPROPRIATIONS.
 	
86.27 	The sums shown in the columns marked "Appropriations" are appropriated to the 
86.28 	agencies and for the purposes specified in this article. The appropriations are from the 
86.29 	general fund and are available for the fiscal years indicated for each purpose. The figures 
86.30 	"2010" and "2011" used in this article mean that the appropriations listed under them are 
86.31 	available for the fiscal year ending June 30, 2010, or June 30, 2011, respectively. "The 
86.32 	first year" is fiscal year 2010. "The second year" is fiscal year 2011. "The biennium" is 
86.33 	fiscal years 2010 and 2011.

87.1				APPROPRIATIONS
	
87.2				Available for the Year
	
87.3				Ending June 30
	
87.4					2010
		2011

87.5	Sec. 2. MILITARY AFFAIRS

87.6	Subdivision 1.Total Appropriation
 	$
	22,374,000
	$
	19,374,000
	
87.7 	The amounts that may be spent for each 
87.8 	purpose are specified in the following 
87.9 	subdivisions.

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

87.11	Subd. 3.General Support
 		2,366,000
		2,366,000
	
87.12 	To the extent practicable, the adjutant general 
87.13 	may provide transportation assistance to a 
87.14 	nonprofit organization to support morale of 
87.15 	deployed service personnel.

87.16	Subd. 4.Enlistment Incentives
 		13,348,000
		10,348,000
	
87.17 	$3,000,000 the first year is for additional 
87.18 	costs of enlistment incentives. This is a 
87.19 	onetime appropriation.
87.20 	If appropriations for either year of the 
87.21 	biennium are insufficient, the appropriation 
87.22 	from the other year is available. The 
87.23 	appropriations for enlistment incentives are 
87.24 	available until expended.

87.25 	Sec. 3. [190.161] UNCOMPENSATED AND VOLUNTARY SERVICES; 
87.26 	EXPENSES.
87.27 	To assist in the discharge of the functions of the department, the adjutant general 
87.28 	may accept uncompensated and voluntary services and enter into written agreements with 
87.29 	private or public agencies or persons for uncompensated and voluntary services as may 
87.30 	be practical. Persons rendering voluntary uncompensated services may be reimbursed 
87.31 	for travel expenses incurred in the performance of official duties at the same rate per 
87.32 	mile as state employees.

88.1 	Sec. 4. [192.525] POSTDEPLOYMENT HEALTH ASSESSMENTS.
88.2 	The adjutant general must establish a program of postdeployment comprehensive 
88.3 	health and wellness assessments for members of the National Guard who have been called 
88.4 	into active military service and deployed outside the state. There must be at least one 
88.5 	health and wellness assessment conducted between approximately six months and not later 
88.6 	than one year after the end of a member's deployment. The adjutant general may call on 
88.7 	other state agencies, the United States Department of Veterans Affairs, county veteran 
88.8 	service officers, and other appropriate resources in administering this program.

88.9 	Sec. 5. Minnesota Statutes 2008, section 523.131, is amended to read:
88.10 	523.131 QUALIFICATION OF SUCCESSOR ATTORNEY-IN-FACT IN 
88.11 	STATUTORY SHORT FORM POWER OF ATTORNEY.
88.12 	If two or more attorneys-in-fact are originally appointed and one dies, resigns, or is 
88.13 	unable to serve, a successor attorney-in-fact named in a power of attorney executed in 
88.14 	conformity with section 523.23or a form prepared under section 523.231 replaces the 
88.15 	attorney-in-fact who dies, resigns, or is unable to serve. If the original attorneys-in-fact 
88.16 	were required to act jointly, the attorneys-in-fact acting at any time must act jointly. If the 
88.17 	original attorneys-in-fact were allowed to act individually, the attorneys-in-fact acting at 
88.18 	any time may act individually. If attorneys-in-fact acting at any time are required to act 
88.19 	jointly, and there is only one remaining attorney-in-fact because of the death, resignation, 
88.20 	or inability to serve of all other original and successor attorneys-in-fact, the remaining 
88.21 	attorney-in-fact may act alone.  

88.22 	Sec. 6. Minnesota Statutes 2008, section 523.16, is amended to read:
88.23 	523.16 AFFIDAVIT AS PROOF OF AUTHORITY OF ATTORNEY-IN-FACT.
88.24 		Subdivision 1.Multiple attorneys-in-fact. If the attorney-in-fact exercising a 
88.25 	power pursuant to a power of attorney has authority to act as a result of the death, 
88.26 	incompetency, or resignation of one or more attorneys-in-fact named in the power of 
88.27 	attorney, an affidavit executed by the attorney-in-fact setting forth the conditions precedent 
88.28 	to the attorney-in-fact's authority to act under the power of attorney and stating that those 
88.29 	conditions have occurred is conclusive proof as to any party relying on the affidavit of the 
88.30 	occurrence of those conditions.
88.31 		Subd. 2.Attorney-in-fact for member of military. If an attorney-in-fact is 
88.32 	exercising a power pursuant to a power of attorney executed by a member of the military 
88.33 	in a form prepared under section 523.231, an affidavit executed by the attorney-in-fact 
88.34 	setting forth the conditions precedent to the authority to act and stating the existence 
89.1 	of those conditions is conclusive proof as to any party relying on the affidavit of the 
89.2 	existence of those conditions.

89.3 	Sec. 7. Minnesota Statutes 2008, section 523.20, is amended to read:
89.4 	523.20 LIABILITY OF PARTIES REFUSING AUTHORITY OF 
89.5 	ATTORNEY-IN-FACT TO ACT ON PRINCIPAL'S BEHALF.
89.6 	Any party refusing to accept the authority of an attorney-in-fact to exercise a 
89.7 	power granted by a power of attorney which (1) is executed in conformity with section 
89.8 	523.23 or a form prepared under section 523.231; (2) contains a specimen signature of 
89.9 	the attorney-in-fact authorized to act; (3) with regard to the execution or delivery of any 
89.10 	recordable instrument relating to real property, is accompanied by affidavits that satisfy 
89.11 	the provisions of section 523.17; (4) with regard to any other transaction, is signed by the 
89.12 	attorney-in-fact in a manner conforming to section 523.18; and (5) when applicable, is 
89.13 	accompanied by an affidavit and any other document required by section 523.16, is liable 
89.14 	to the principal and to the principal's heirs, assigns, and representative of the estate of the 
89.15 	principal in the same manner as the party would be liable had the party refused to accept 
89.16 	the authority of the principal to act on the principal's own behalf unless: (1) the party has 
89.17 	actual notice of the revocation of the power of attorney prior to the exercise of the power; 
89.18 	(2) the duration of the power of attorney specified in the power of attorney itself has 
89.19 	expired; or (3) the party has actual knowledge of the death of the principal or, if the power 
89.20 	of attorney is not a durable power of attorney, actual notice of a judicial determination that 
89.21 	the principal is legally incompetent. This provision does not negate any liability which a 
89.22 	party would have to the principal or to the attorney-in-fact under any other form of power 
89.23 	of attorney under the common law or otherwise.  

89.24 	Sec. 8. Minnesota Statutes 2008, section 523.23, subdivision 2, is amended to read:
89.25 		Subd. 2.Failure to check or "X" a power. Any of the powers of the form in 
89.26 	subdivision 1 or a form prepared under section 523.231 which is not checked or X-ed is 
89.27 	withheld by the principal from the attorney-in-fact unless the power of (N) of the form 
89.28 	in subdivision 1 or a comparable provision in a form prepared under section 523.231 is 
89.29 	checked or X-ed.

89.30 	Sec. 9. Minnesota Statutes 2008, section 523.23, subdivision 3, is amended to read:
89.31 		Subd. 3.Requirements. Except for a form prepared under section 523.231, 
89.32 	to constitute a "statutory short form power of attorney," as this phrase is used in this 
89.33 	chapter the wording and content of the form in subdivision 1 must be duplicated exactly 
90.1 	and with no modifications, parts First, Second, and Third must be properly completed, 
90.2 	and the signature of the principal must be acknowledged. Failure to name a successor 
90.3 	attorney-in-fact, to provide an expiration date, or to complete part Fourth does not 
90.4 	invalidate the power as a statutory short form power of attorney. A power of attorney that 
90.5 	does not satisfy the requirements of this subdivision or a form prepared under section 
90.6 	523.231, but purports to be a statutory short form power of attorney, may constitute a 
90.7 	common law power of attorney that incorporates by reference the definitions of powers 
90.8 	contained in section  523.24; however, a party refusing to accept the authority of the 
90.9 	common law attorney-in-fact is not liable under section  523.20.

90.10 	Sec. 10. [523.231] ALTERNATIVE SHORT FORMS FOR GENERAL POWER 
90.11 	OF ATTORNEY FOR MILITARY MEMBERS IN ACTIVE SERVICE.
90.12 	The commissioner of military affairs may prepare alternative short forms for a 
90.13 	general power of attorney for military members in active service, as defined in section 
90.14 	190.05. A form prepared by the commissioner is an alternative to the statutory short 
90.15 	form in section 523.23.

90.16 	Sec. 11. INTERAGENCY STAFF.
 90.17 	For fiscal years 2010 and 2011, the adjutant general must not use funds appropriated 
90.18 	in this article directly or indirectly to pay for the services of staff in the Office of the 
90.19 	Governor.