1.1 	A bill for an act
1.2 	relating to appropriations; appropriating money for agriculture, the Board of 
1.3 	Animal Health, veterans, and the military; changing certain agricultural and 
1.4 	animal health requirements and programs;amending Minnesota Statutes 2008, 
1.5 	sections 3.737, subdivision 1; 3.7371, subdivision 3; 17.03, subdivision 12; 
1.6 	17.114, subdivision 3; 17.115, subdivision 2; 18.75; 18.76; 18.77, subdivisions 
1.7 	1, 3, 5, by adding subdivisions; 18.78, subdivision 1, by adding a subdivision; 
1.8 	18.79; 18.80, subdivision 1; 18.81, subdivisions 1, 3, by adding a subdivision; 
1.9 	18.82, subdivisions 1, 3; 18.83; 18.84, subdivisions 1, 2, 3; 18.86; 18.87; 
1.10 	18.88; 18B.01, subdivision 8, by adding subdivisions; 18B.065, subdivisions 
1.11 	2, 2a; 18C.415, subdivision 3; 18C.421; 18C.425, subdivisions 4, 6; 18E.03, 
1.12 	subdivision 2; 28A.085, subdivision 1; 32.394, subdivision 8; 41A.09, 
1.13 	subdivision 3a; 41B.039, subdivision 2; 41B.04, subdivision 8; 41B.042, 
1.14 	subdivision 4; 41B.043, subdivision 1b; 41B.045, subdivision 2; 190.19, 
1.15 	subdivision 2a; 197.585, subdivision 5; 197.791, subdivision 6; 583.215; Laws 
1.16 	2008, chapter 274, section 5; proposing coding for new law in Minnesota 
1.17 	Statutes, chapters 18; 18B; 31; 168; repealing Minnesota Statutes 2008, sections 
1.18 	17.49, subdivision 3; 38.02, subdivisions 3, 4; 41.51; 41.52; 41.53; 41.55; 41.56; 
1.19 	41.57; 41.58, subdivisions 1, 2; 41.59, subdivision 1; 41.60; 41.61, subdivision 
1.20 	1; 41.62; 41.63; 41.65; 84.02.
1.21 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.22 	ARTICLE 1
1.23 	AGRICULTURE

1.24	Section 1.  SUMMARY OF APPROPRIATIONS.
 	
1.25 	The amounts shown in this section summarize direct appropriations, by fund, made 
1.26 	in this article.

1.27			2010
		2011
		Total
	
1.28	General
	$
	47,399,000
	$
	44,021,000
	$
	91,420,000
	
1.29	Remediation
	$
	388,000
	$
	388,000
	$
	776,000
	
1.30	Total
	$
	47,787,000
	$
	44,409,000
	$
	92,196,000

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

2.9				APPROPRIATIONS
	
2.10				Available for the Year
	
2.11				Ending June 30
	
2.12					2010
		2011

2.13	Sec. 3. DEPARTMENT OF AGRICULTURE

2.14	Subdivision 1.Total Appropriation
 	$
	39,665,000
	$
	36,287,000

2.15	Appropriations by Fund
	
2.16		2010
	2011
	
2.17	General
	39,277,000
	35,899,000
	
2.18	Remediation
	388,000
	388,000
	
2.19 	The amounts that may be spent for each 
2.20 	purpose are specified in the following 
2.21 	subdivisions.

2.22	Subd. 2.Protection Services
 		13,178,000
		13,128,000

2.23	Appropriations by Fund
	
2.24	General
	12,790,000
	12,740,000
	
2.25	Remediation
	388,000
	388,000
	
2.26 	$388,000 the first year and $388,000 the 
2.27 	second year are from the remediation fund 
2.28 	for administrative funding for the voluntary 
2.29 	cleanup program.
2.30 	$150,000 in the first year and $150,000 
2.31 	the second year are for compensation 
2.32 	payments. $75,000 each year is available 
2.33 	for compensation payments for crop damage 
2.34 	caused by elk under Minnesota Statutes, 
2.35 	section 3.7371, and $75,000 each year is 
3.1 	available for compensation payments for 
3.2 	livestock destroyed or crippled by gray 
3.3 	wolves under Minnesota Statutes, section 
3.4 	3.737. If the commissioner determines that 
3.5 	claims made under Minnesota Statutes, 
3.6 	section 3.737 or 3.7371, are unusually high, 
3.7 	amounts appropriated for either program may 
3.8 	be transferred to the appropriation for the 
3.9 	other program. If the amounts appropriated 
3.10 	for each program in fiscal year 2010 are 
3.11 	insufficient, the amounts appropriated in 
3.12 	fiscal year 2011 are available in 2010.
3.13 	$50,000 in the first year is for additional 
3.14 	duties under the noxious weed law changes in 
3.15 	this article. This is a onetime appropriation.

3.16
3.17	Subd. 3.Agricultural Marketing and 
Development
 		4,327,000
		4,302,000
	
3.18 	$186,000 the first year and $186,000 the 
3.19 	second year are for transfer to the Minnesota 
3.20 	grown account and may be used as grants 
3.21 	for Minnesota grown promotion under 
3.22 	Minnesota Statutes, section 17.102. Grants 
3.23 	may be made for one year. Notwithstanding 
3.24 	Minnesota Statutes, section 16A.28, the 
3.25 	appropriations encumbered under contract on 
3.26 	or before June 30, 2011, for Minnesota grown 
3.27 	grants in this paragraph are available until 
3.28 	June 30, 2013. $50,000 of the appropriation 
3.29 	in each year is for efforts that identify 
3.30 	and promote Minnesota grown products in 
3.31 	retail food establishments including, but not 
3.32 	limited to, restaurants, grocery stores, and 
3.33 	convenience stores.
3.34 	$60,000 the first year and $60,000 the 
3.35 	second year are for grants to farmers for 
3.36 	demonstration projects involving sustainable 
4.1 	agriculture as authorized in Minnesota 
4.2 	Statutes, section 17.116. Of the amount 
4.3 	for grants, up to $20,000 may be used for 
4.4 	dissemination of information about the 
4.5 	demonstration projects. Notwithstanding 
4.6 	Minnesota Statutes, section 16A.28, the 
4.7 	appropriations encumbered under contract 
4.8 	on or before June 30, 2011, for sustainable 
4.9 	agriculture grants in this paragraph are 
4.10 	available until June 30, 2013.
4.11 	$100,000 the first year and $100,000 the 
4.12 	second year are to provide training and 
4.13 	technical assistance to county and town 
4.14 	officials relating to livestock siting issues 
4.15 	and local zoning and land use planning, 
4.16 	including maintenance of the checklist 
4.17 	template clarifying the federal, state, 
4.18 	and local government requirements for 
4.19 	consideration of an animal agriculture 
4.20 	modernization or expansion project. For the 
4.21 	training and technical assistance program, 
4.22 	the commissioner shall continue to seek 
4.23 	guidance, advice, and support of livestock 
4.24 	producer organizations, general agricultural 
4.25 	organizations, local government associations, 
4.26 	academic institutions, other government 
4.27 	agencies, and others with expertise in land 
4.28 	use and agriculture.
4.29 	$100,000 the first year and $100,000 the 
4.30 	second year are for annual cost-share 
4.31 	payments to resident farmers or persons 
4.32 	who sell, process, or package agricultural 
4.33 	products in this state for the costs of organic 
4.34 	certification. Annual cost-share payments 
4.35 	per farmer must be two-thirds of the cost 
4.36 	of the certification or $350, whichever is 
5.1 	less. In any year that a resident farmer or 
5.2 	person who sells, processes, or packages 
5.3 	agricultural products in this state receives 
5.4 	a federal organic certification cost-share 
5.5 	payment, that resident farmer or person is 
5.6 	not eligible for state cost-share payments. 
5.7 	A certified farmer is eligible to receive 
5.8 	annual certification cost-share payments for 
5.9 	up to five years. $15,000 each year is for 
5.10 	organic market and program development. 
5.11 	The commissioner may allocate any excess 
5.12 	appropriation in either fiscal year for organic 
5.13 	producer education efforts, assistance for 
5.14 	persons transitioning from conventional 
5.15 	to organic agriculture, or sustainable 
5.16 	agriculture demonstration grants authorized 
5.17 	under Minnesota Statutes, section 17.116, 
5.18 	and pertaining to organic research or 
5.19 	demonstration. Any unencumbered balance 
5.20 	does not cancel at the end of the first year 
5.21 	and is available for the second year.
5.22 	$25,000 the first year is for a grant to the St. 
5.23 	Paul Growers' Association to reimburse up to 
5.24 	$1,000 of membership fees and retail leases 
5.25 	for members of the association who farm in 
5.26 	and around Dakota County and who incurred 
5.27 	crop damages as a result of the hail storm in 
5.28 	that area on July 10, 2008.

5.29
5.30	Subd. 4.Bioenergy and Value-Added 
Agriculture
 		15,168,000
		12,920,000
	
5.31 	$15,168,000 the first year and $12,920,000 
5.32 	the second year are for ethanol producer 
5.33 	payments under Minnesota Statutes, section 
5.34 	41A.09. The second year reduction of 
5.35 	$2,248,000 is a onetime reduction. If the 
5.36 	total amount for which all producers are 
6.1 	eligible in a quarter exceeds the amount 
6.2 	available for payments, the commissioner 
6.3 	shall make payments on a pro rata basis. If 
6.4 	the appropriation exceeds the total amount 
6.5 	for which all producers are eligible in a 
6.6 	fiscal year for scheduled payments and for 
6.7 	deficiencies in payments during previous 
6.8 	fiscal years, the balance in the appropriation 
6.9 	is available to the commissioner for 
6.10 	value-added agricultural programs, including 
6.11 	the value-added agricultural product 
6.12 	processing and marketing grant program 
6.13 	under Minnesota Statutes, section 17.101, 
6.14 	subdivision 5. The appropriation remains 
6.15 	available until spent.

6.16
6.17	Subd. 5.Administration and Financial 
Assistance
 		6,992,000
		5,937,000
	
6.18 	$705,000 the first year and $705,000 the 
6.19 	second year are for continuation of the dairy 
6.20 	development and profitability enhancement 
6.21 	and dairy business planning grant programs 
6.22 	established under Laws 1997, chapter 
6.23 	216, section 7, subdivision 2, and Laws 
6.24 	2001, First Special Session chapter 2, 
6.25 	section 9, subdivision 2. The commissioner 
6.26 	may allocate the available sums among 
6.27 	permissible activities, including efforts to 
6.28 	improve the quality of milk produced in the 
6.29 	state in the proportions that the commissioner 
6.30 	deems most beneficial to Minnesota's dairy 
6.31 	farmers. The commissioner must submit a 
6.32 	work plan detailing plans for expenditures 
6.33 	under this program to the chairs of the house 
6.34 	of representatives and senate committees 
6.35 	dealing with agricultural policy and budget 
6.36 	on or before the start of each fiscal year. If 
7.1 	significant changes are made to the plans 
7.2 	in the course of the year, the commissioner 
7.3 	must notify the chairs.
7.4 	$50,000 the first year and $50,000 the 
7.5 	second year are for the Northern Crops 
7.6 	Institute. These appropriations may be spent 
7.7 	to purchase equipment.
7.8 	$19,000 the first year and $19,000 the 
7.9 	second year are for a grant to the Minnesota 
7.10 	Livestock Breeders Association.
7.11 	$250,000 the first year and $250,000 the 
7.12 	second year are for grants to the Minnesota 
7.13 	Agricultural Education and Leadership 
7.14 	Council for programs of the council under 
7.15 	Minnesota Statutes, chapter 41D.
7.16 	$474,000 the first year and $474,000 the 
7.17 	second year are for payments to county and 
7.18 	district agricultural societies and associations 
7.19 	under Minnesota Statutes, section 38.02, 
7.20 	subdivision 1. Of this amount, $4,000 each 
7.21 	year is for 4-H premiums. Aid payments to 
7.22 	county and district agricultural societies and 
7.23 	associations shall be disbursed not later than 
7.24 	July 15 of each year. These payments are the 
7.25 	amount of aid from the state for an annual 
7.26 	fair held in the previous calendar year.
7.27 	$1,000 the first year and $1,000 the second 
7.28 	year are for grants to the Minnesota State 
7.29 	Poultry Association.
7.30 	$65,000 the first year and $65,000 the second 
7.31 	year are for annual grants to the Minnesota 
7.32 	Turf Seed Council for basic and applied 
7.33 	research on the improved production of 
7.34 	forage and turf seed related to new and 
7.35 	improved varieties. The grant recipient may 
8.1 	subcontract with a qualified third party for 
8.2 	some or all of the basic and applied research.
8.3 	$50,000 the first year and $50,000 the 
8.4 	second year are for annual grants to the 
8.5 	Minnesota Turf Seed Council for basic 
8.6 	and applied agronomic research on native 
8.7 	plants, including plant breeding, nutrient 
8.8 	management, pest management, disease 
8.9 	management, yield, and viability. The grant 
8.10 	recipient may subcontract with a qualified 
8.11 	third party for some or all of the basic 
8.12 	or applied research. The grant recipient 
8.13 	must actively participate in the Agricultural 
8.14 	Utilization Research Institute's Renewable 
8.15 	Energy Roundtable and no later than 
8.16 	February 1, 2011, must report to the house of 
8.17 	representatives and senate committees with 
8.18 	jurisdiction over agriculture finance.
8.19 	$500,000 the first year and $500,000 the 
8.20 	second year are for grants to Second Harvest 
8.21 	Heartland on behalf of Minnesota's six 
8.22 	Second Harvest food banks for the purchase 
8.23 	of milk for distribution to Minnesota's food 
8.24 	shelves and other charitable organizations 
8.25 	that are eligible to receive food from the food 
8.26 	banks. Milk purchased under the grants must 
8.27 	be acquired from Minnesota milk processors 
8.28 	and based on low-cost bids. The milk must be 
8.29 	allocated to each Second Harvest food bank 
8.30 	serving Minnesota according to the formula 
8.31 	used in the distribution of United States 
8.32 	Department of Agriculture commodities 
8.33 	under The Emergency Food Assistance 
8.34 	Program (TEFAP). Second Harvest 
8.35 	Heartland must submit quarterly reports 
8.36 	to the commissioner on forms prescribed 
9.1 	by the commissioner. The reports must 
9.2 	include, but are not limited to, information 
9.3 	on the expenditure of funds, the amount 
9.4 	of milk purchased, and the organizations 
9.5 	to which the milk was distributed. Second 
9.6 	Harvest Heartland may enter into contracts 
9.7 	or agreements with food banks for shared 
9.8 	funding or reimbursement of the direct 
9.9 	purchase of milk. Each food bank receiving 
9.10 	money from this appropriation may use up to 
9.11 	two percent of the grant for administrative 
9.12 	expenses.
9.13 	$100,000 the first year and $100,000 the 
9.14 	second year are for transfer to the Board of 
9.15 	Trustees of the Minnesota State Colleges and 
9.16 	Universities for mental health counseling 
9.17 	support to farm families and business 
9.18 	operators through farm business management 
9.19 	programs at Central Lakes College and 
9.20 	Ridgewater College.
9.21 	$18,000 the first year and $18,000 the 
9.22 	second year are for grants to the Minnesota 
9.23 	Horticultural Society.
9.24 	$1,000,000 the first year is for a grant 
9.25 	to the Minnesota Veterinary Diagnostic 
9.26 	Laboratory. This appropriation is in addition 
9.27 	to the allocation of state general fund 
9.28 	appropriations for the laboratory. This is a 
9.29 	onetime appropriation.
9.30 	$30,000 is for star farms program 
9.31 	development. The commissioner, in 
9.32 	consultation with other state and local 
9.33 	agencies, farm groups, conservation groups, 
9.34 	legislators, and other interested persons, shall 
9.35 	develop a proposal for a star farms program. 
10.1 	By January 15, 2010, the commissioner 
10.2 	shall submit the proposal to the legislative 
10.3 	committees and divisions with jurisdiction 
10.4 	over agriculture and environmental policy 
10.5 	and finance. This is a onetime appropriation.
10.6 	$25,000 the first year is for the administration 
10.7 	of the Feeding Minnesota Task Force, under 
10.8 	new Minnesota Statutes, section 31.97. This 
10.9 	is a onetime appropriation.

10.10	Sec. 4. BOARD OF ANIMAL HEALTH
 	$
	5,239,000
	$
	5,239,000
	
10.11 	$2,531,000 the first year and $2,531,000 
10.12 	the second year are for bovine tuberculosis 
10.13 	eradication efforts in cattle herds.
10.14 	$100,000 the first year and $100,000 the 
10.15 	second year are for a program to control 
10.16 	paratuberculosis (Johne's disease) in 
10.17 	domestic bovine herds.
10.18 	$40,000 the first year and $40,000 the second 
10.19 	year are for a program to investigate the 
10.20 	avian pneumovirus disease and to identify 
10.21 	the infected flocks. This appropriation must 
10.22 	be matched on a dollar-for-dollar or in-kind 
10.23 	basis with nonstate sources and is in addition 
10.24 	to money currently designated for turkey 
10.25 	disease research. Costs of blood sample 
10.26 	collection, handling, and transportation, 
10.27 	in addition to costs associated with early 
10.28 	diagnosis tests and the expenses of vaccine 
10.29 	research trials, may be credited to the match.
10.30 	$400,000 the first year and $400,000 the 
10.31 	second year are for the purposes of cervidae 
10.32 	inspection as authorized in Minnesota 
10.33 	Statutes, section 35.155.

11.1
11.2	Sec. 5. AGRICULTURAL UTILIZATION 
RESEARCH INSTITUTE
 	$
	2,883,000
	$
	2,883,000
	
11.3 	$650,000 the first year and $650,000 the 
11.4 	second year are for technical assistance 
11.5 	and technology transfer to bioenergy crop 
11.6 	producers and users.

11.7 	Sec. 6. Minnesota Statutes 2008, section 3.737, subdivision 1, is amended to read:
11.8 		Subdivision 1.Compensation required. (a) Notwithstanding section 3.736, 
11.9 	subdivision 3, paragraph (e), or any other law, a livestock owner shall be compensated 
11.10 	by the commissioner of agriculture for livestock that is destroyed by a gray wolf or is so 
11.11 	crippled by a gray wolf that it must be destroyed. Except as provided in this section, the 
11.12 	owner is entitled to the fair market value of the destroyed livestock as determined by the 
11.13 	commissioner, upon recommendation of a university extension agent or a conservation 
11.14 	officer. In any fiscal year, a livestock owner may not be compensated for a destroyed 
11.15 	animal claim that is less than $100 in value and may be compensated up to $20,000, 
11.16 	as determined under this section. In any fiscal year, the commissioner may provide 
11.17 	compensation for claims filed under this section and section 3.7371 up to a total of 
11.18 	$100,000 for both programs combined the amount expressly appropriated for this purpose.
11.19 	(b) Either the agent or the conservation officer must make a personal inspection of 
11.20 	the site. The agent or the conservation officer must take into account factors in addition to 
11.21 	a visual identification of a carcass when making a recommendation to the commissioner. 
11.22 	The commissioner, upon recommendation of the agent or conservation officer, shall 
11.23 	determine whether the livestock was destroyed by a gray wolf and any deficiencies in the 
11.24 	owner's adoption of the best management practices developed in subdivision 5. The 
11.25 	commissioner may authorize payment of claims only if the agent or the conservation 
11.26 	officer has recommended payment. The owner shall file a claim on forms provided by the 
11.27 	commissioner and available at the university extension agent's office.

11.28 	Sec. 7. Minnesota Statutes 2008, section 3.7371, subdivision 3, is amended to read:
11.29 		Subd. 3.Compensation. The crop owner is entitled to the target price or the 
11.30 	market price, whichever is greater, of the damaged or destroyed crop plus adjustments 
11.31 	for yield loss determined according to agricultural stabilization and conservation service 
11.32 	programs for individual farms, adjusted annually, as determined by the commissioner, 
11.33 	upon recommendation of the county extension agent for the owner's county. The 
11.34 	commissioner, upon recommendation of the agent, shall determine whether the crop 
12.1 	damage or destruction is caused by elk and, if so, the amount of the crop that is damaged 
12.2 	or destroyed. In any fiscal year, a crop owner may not be compensated for a damaged or 
12.3 	destroyed crop that is less than $100 in value and may be compensated up to $20,000, 
12.4 	as determined under this section, if normal harvest procedures for the area are followed. 
12.5 	In any fiscal year, the commissioner may provide compensation for claims filed under 
12.6 	this section and section 3.737 up to a total of $100,000 for both programs combined the 
12.7 	amount expressly appropriated for this purpose.

12.8 	Sec. 8. Minnesota Statutes 2008, section 17.03, subdivision 12, is amended to read:
12.9 		Subd. 12.Contracts; appropriation. The commissioner may accept money as part 
12.10 	of a contract with any public or private entity to provide statutorily prescribed services by 
12.11 	the department. A contract must specify the services to be provided by the department and 
12.12 	the amount and method of reimbursement. Money generated in a contractual agreement 
12.13 	under this section must be deposited in a special revenue fund and is appropriated to the 
12.14 	department for purposes of providing services specified in the contracts. Contracts under 
12.15 	this section must be processed in accordance with section 16C.05. The commissioner must 
12.16 	report revenues collected and expenditures made under this section to the chairs of the 
12.17 	Environment and Natural Resources Finance Committee in the house of representatives 
12.18 	and the Environment and Agriculture Budget Division in the senate by January 15 of 
12.19 	each odd-numbered year.

12.20 	Sec. 9. Minnesota Statutes 2008, section 17.114, subdivision 3, is amended to read:
12.21 		Subd. 3.Duties. (a) The commissioner shall:
12.22 	(1) establish a clearinghouse and provide information, appropriate educational 
12.23 	opportunities and other assistance to individuals, producers, and groups about sustainable 
12.24 	agricultural techniques, practices, and opportunities;
12.25 	(2) survey producers and support services and organizations to determine 
12.26 	information and research needs in the area of sustainable agricultural practices;
12.27 	(3) demonstrate the on-farm applicability of sustainable agriculture practices to 
12.28 	conditions in this state;
12.29 	(4) coordinate the efforts of state agencies regarding activities relating to sustainable 
12.30 	agriculture;
12.31 	(5) direct the programs of the department so as to work toward the sustainability of 
12.32 	agriculture in this state;
12.33 	(6) inform agencies of how state or federal programs could utilize and support 
12.34 	sustainable agriculture practices;
13.1 	(7) work closely with farmers, the University of Minnesota, and other appropriate 
13.2 	organizations to identify opportunities and needs as well as assure coordination and 
13.3 	avoid duplication of state agency efforts regarding research, teaching, and extension 
13.4 	work relating to sustainable agriculture; and
13.5 	(8) work cooperatively with local governments and others to strengthen the 
13.6 	connection between farmers who practice sustainable farming methods and urban, rural, 
13.7 	and suburban consumers, including, but not limited to, promoting local farmers' markets 
13.8 	and community-supported agriculture; and
13.9 	(9) report to the Environmental Quality Board for review and then to the house of 
13.10 	representatives and senate committees with jurisdiction over the environment, natural 
13.11 	resources, and agriculture every even-numbered year.
13.12 	(b) The report under paragraph (a), clause (8), must include:
13.13 	(1) the presentation and analysis of findings regarding the current status and trends 
13.14 	regarding the economic condition of producers; the status of soil and water resources 
13.15 	utilized by production agriculture; the magnitude of off-farm inputs used; and the amount 
13.16 	of nonrenewable resources used by Minnesota farmers;
13.17 	(2) a description of current state or federal programs directed toward sustainable 
13.18 	agriculture including significant results and experiences of those programs;
13.19 	(3) a description of specific actions the Department of Agriculture is taking in the 
13.20 	area of sustainable agriculture, including, but not limited to, specific actions to strengthen 
13.21 	the connection between sustainable farmers and consumers under paragraph (a), clause (8);
13.22 	(4) a description of current and future research needs at all levels in the area of 
13.23 	sustainable agriculture; and
13.24 	(5) suggestions for changes in existing programs or policies or enactment of new 
13.25 	programs or policies that will affect farm profitability, maintain soil and water quality, 
13.26 	reduce input costs, or lessen dependence upon nonrenewable resources.

13.27 	Sec. 10. Minnesota Statutes 2008, section 17.115, subdivision 2, is amended to read:
13.28 		Subd. 2.Loan criteria. (a) The shared savings loan program must provide loans for 
13.29 	purchase of new or used machinery and installation of equipment for projects that make 
13.30 	environmental improvements or and enhance farm profitability. Eligible loan uses do not 
13.31 	include seed, fertilizer, or fuel.
13.32 	(b) Loans may not exceed $25,000 $40,000 per individual applying for a loan and 
13.33 	may not exceed $100,000 $160,000 for loans to four or more individuals on joint projects. 
13.34 	The loan repayment period may be up to seven years as determined by project cost and 
14.1 	energy savings. The interest rate on the loans must not exceed six percent. For loans made 
14.2 	from May 1, 2004, to June 30, 2007, the interest rate must not exceed three percent.
14.3 	(c) Loans may only be made to residents of this state engaged in farming.

14.4 	Sec. 11. Minnesota Statutes 2008, section 18.75, is amended to read:
14.5 	18.75 PURPOSE.
14.6 	It is the policy of the legislature that residents of the state be protected from the 
14.7 	injurious effects of noxious weeds on public health, the environment, public roads, crops, 
14.8 	livestock, and other property. Sections 18.76 to 18.8818.91 contain procedures for 
14.9 	controlling and eradicating noxious weeds on all lands within the state.  

14.10 	Sec. 12. Minnesota Statutes 2008, section 18.76, is amended to read:
14.11 	18.76 CITATION.
14.12 	Sections 18.76 to 18.8818.91 may be cited as the "Minnesota Noxious Weed Law."  

14.13 	Sec. 13. Minnesota Statutes 2008, section 18.77, subdivision 1, is amended to read:
14.14 		Subdivision 1.Scope. The definitions in this section apply to sections 18.76 to 
14.15 	18.88 18.91.  

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

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

14.25 	Sec. 16. Minnesota Statutes 2008, section 18.77, subdivision 3, is amended to read:
14.26 		Subd. 3.Control. "Control" means to destroy all or part of the aboveground growth 
14.27 	of noxious weeds by a lawful method that does not cause unreasonable adverse effects on 
14.28 	the environment as defined in section 18B.01, subdivision 31, and prevents the maturation 
14.29 	and spread of noxious weed propagating parts from one area to another.

15.1 	Sec. 17. Minnesota Statutes 2008, section 18.77, subdivision 5, is amended to read:
15.2 		Subd. 5.Growing crop. "Growing crop" means an agricultural, horticultural, or 
15.3 	forest crop that has been planted or regularly maintained and intended for harvest. It 
15.4 	does not mean a permanent pasture, hay meadow, woodlot, or other noncrop area that 
15.5 	contains native or seeded perennial plants used for grazing or hay purposes, and which is 
15.6 	not harvested on a regular basis.

15.7 	Sec. 18. Minnesota Statutes 2008, section 18.77, is amended by adding a subdivision 
15.8 	to read:
15.9 		Subd. 5a.Inspector. "Inspector" means the commissioner, agent of the 
15.10 	commissioner, county agricultural inspector, local weed inspector, or assistant weed 
15.11 	inspector.

15.12 	Sec. 19. Minnesota Statutes 2008, section 18.77, is amended by adding a subdivision 
15.13 	to read:
15.14 		Subd. 5b.County-designated employee. "County-designated employee" means 
15.15 	a person designated by a county board to oversee the responsibilities listed in section 
15.16 	18.81, subdivision 1a.

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

15.23 	Sec. 21. Minnesota Statutes 2008, section 18.77, is amended by adding a subdivision 
15.24 	to read:
15.25 		Subd. 13.Weed management area. "Weed management area" means a designated 
15.26 	area where special or unique noxious weed control or eradication strategies or methods 
15.27 	are used according to a specific management plan developed for each management area 
15.28 	established.

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

16.3 	Sec. 23. Minnesota Statutes 2008, section 18.78, is amended by adding a subdivision 
16.4 	to read:
16.5 		Subd. 3.Cooperative weed control agreement. The commissioner, township, or 
16.6 	county agricultural inspector or county-designated employee may enter into a cooperative 
16.7 	weed control agreement with a landowner or weed management area group to establish 
16.8 	a mutually agreed upon noxious weed management plan for up to three years duration, 
16.9 	whereby a noxious weed problem will be controlled without additional enforcement 
16.10 	action. If a property owner fails to comply with the noxious weed management plan, an 
16.11 	individual notice can be served.

16.12 	Sec. 24. Minnesota Statutes 2008, section 18.79, is amended to read:
16.13 	18.79 DUTIES OF COMMISSIONER.
16.14 		Subdivision 1.Enforcement. The commissioner of agriculture shall administer 
16.15 	and enforce sections 18.76 to 18.88 18.91.  
16.16 		Subd. 2.Authorized agents. County agricultural inspectors may administer and 
16.17 	enforce sections 18.76 to 18.88 18.91. County-designated employees may enforce sections 
16.18 	18.78; 18.82; 18.83; 18.84; 18.86; and 18.87.
16.19 		Subd. 3.Entry upon land. To administer and enforce sections 18.76 to 18.88
16.20 	18.91, county agricultural inspectors and local weed inspectorsan inspector may enter 
16.21 	upon land without consent of the owner and without being subject to an action for trespass 
16.22 	or any damages.  
16.23 		Subd. 4.Rules. The commissioner may adopt necessary rules under chapter 14 for 
16.24 	the proper enforcement of sections 18.76 to 18.88 18.91.  
16.25 		Subd. 5.Order for control or eradication of noxious weeds. A county agricultural 
16.26 	inspector or a local weedAn inspector or county-designated employee may order the 
16.27 	control or eradication of noxious weeds on any land within the state inspector's or 
16.28 	county-designated employee's jurisdiction.
16.29 		Subd. 6.Initial Training for control or eradication of noxious weeds. The 
16.30 	commissioner shall conduct initial training considered necessary for weed inspectors and 
16.31 	county-designated employees in the enforcement of the Minnesota Noxious Weed Law. 
16.32 	The director of the Minnesota Extension Service may conduct educational programs for 
16.33 	the general public that will aid compliance with the Minnesota Noxious Weed Law.
17.1 		Subd. 7.Meetings and reports. The commissioner shall designate by rule the
17.2 	reports that are required to be made and the meetings that must be attended by weed
17.3 	inspectors.
17.4 		Subd. 8.Prescribed forms. The commissioner shall prescribe the forms to be used 
17.5 	by weed inspectors and county-designated employees in the enforcement of sections 
17.6 	18.76 to 18.88 18.91.  
17.7 		Subd. 9.Injunction. If the county agricultural inspector or county-designated 
17.8 	employee applies to a court for a temporary or permanent injunction restraining a person 
17.9 	from violating or continuing to violate sections 18.76 to 18.88 18.91, the injunction may 
17.10 	be issued without requiring a bond.  
17.11 		Subd. 10.Prosecution. On finding that a person has violated sections 18.76 to 
17.12 	18.88 18.91, the county agricultural inspector or county-designated employee may start 
17.13 	court proceedings in the locality in which the violation occurred. The county attorney 
17.14 	may prosecute actions under sections 18.76 to 18.88 18.91 within the county attorney's 
17.15 	jurisdiction.  
17.16 		Subd. 12.Noxious-weed-free forage and mulch certification agency. The official 
17.17 	certification agency for noxious-weed-free forage and, mulch shall, soil, gravel, and other 
17.18 	material must be determined by the commissioner of agriculture in consultation with the 
17.19 	director of the Minnesota agricultural experiment station. The commissioner may also 
17.20 	certify forage, mulch, soil, gravel, or other material as noxious-weed-free.
17.21 		Subd. 13.Noxious weed designation. The commissioner, in consultation with the 
17.22 	Noxious Weed Advisory Committee, shall determine which plants are noxious weeds 
17.23 	subject to control under sections 18.76 to 18.91. The commissioner shall prepare, publish, 
17.24 	and revise as necessary, but at least once every three years, a list of noxious weeds 
17.25 	and their designated classification. The list must be distributed to the public by the 
17.26 	commissioner who may request the help of the University of Minnesota Extension, the 
17.27 	county agricultural inspectors, and any other organization the commissioner considers 
17.28 	appropriate to assist in the distribution. The commissioner may, in consultation with 
17.29 	the Noxious Weed Advisory Committee, accept and consider noxious weed designation 
17.30 	petitions from Minnesota citizens or Minnesota organizations or associations.
17.31 		Subd. 14.County petition. A county may petition the commissioner to designate 
17.32 	specific noxious weeds which are a control problem in the county.
17.33 		Subd. 15.Noxious weed management. The commissioner, in consultation with the 
17.34 	Noxious Weed Advisory Committee, shall develop management strategies and criteria 
17.35 	for each noxious weed category.
18.1 		Subd. 16.Gifts; grants; contracts; funds. The commissioner, counties, and 
18.2 	municipalities may apply for and accept any gift, grant, contract, or other funds or 
18.3 	grants-in-aid from the federal government or other public and private sources for noxious 
18.4 	weed control purposes.
18.5 		Subd. 17.Noxious weed investigation. The commissioner shall investigate the 
18.6 	subject of noxious weeds and conduct investigations outside this state to protect the 
18.7 	interest of the agricultural industry, forests, or the environment of this state from noxious 
18.8 	weeds not generally growing in Minnesota.
18.9 		Subd. 18.Noxious weed education. The commissioner shall disseminate 
18.10 	information and conduct educational campaigns with respect to control of noxious weeds 
18.11 	or invasive plants to enhance regulatory compliance and voluntary efforts to eliminate or 
18.12 	manage these plants. The commissioner shall call and attend meetings and conferences 
18.13 	dealing with the subject of noxious weeds.
18.14 		Subd. 19.State and federal lands. The commissioner shall inform and direct state 
18.15 	and federal agencies regarding their responsibility to manage and control noxious weeds 
18.16 	on land that those agencies own, control, or manage.
18.17 		Subd. 20.Interagency cooperation. The commissioner shall cooperate with 
18.18 	agencies of federal, state, and local governments and other persons in carrying out duties 
18.19 	under sections 18.76 to 18.91.
18.20 		Subd. 21.Weed management area. The commissioner, in consultation with the 
18.21 	Noxious Weed Advisory Committee, may establish a weed management area to include a 
18.22 	part of one or more counties or all of one or more counties of this state and shall include all 
18.23 	the land within the boundaries of the area established. Weed management plans developed 
18.24 	for a weed management area must be reviewed and approved by the commissioner and 
18.25 	the Noxious Weed Advisory Committee. Weed management areas may seek funding 
18.26 	under section 18.90.

18.27 	Sec. 25. Minnesota Statutes 2008, section 18.80, subdivision 1, is amended to read:
18.28 		Subdivision 1.County agricultural inspectors. The county board shall appoint 
18.29 	at least one or more county agricultural inspectorsthat meet the qualifications prescribed 
18.30 	by rule. The appointment must be for a period of time which is sufficient to accomplish 
18.31 	the duties assigned to this position inspector to carry out the duties specified in section 
18.32 	18.81, subdivisions 1 and 1a, or a county-designated employee to carry out the duties 
18.33 	specified in section 18.81, subdivision 1a. A notice of the appointment must be delivered 
18.34 	to the commissioner within ten days of the appointment and it must establish the initial 
18.35 	number of hours to be worked annually within 30 days.

19.1 	Sec. 26. Minnesota Statutes 2008, section 18.81, subdivision 1, is amended to read:
19.2 		Subdivision 1.County agricultural inspectors; optional duties. It isTheduty 
19.3 	ofIn addition to the mandatory duties specified in subdivision 1a, the county board shall 
19.4 	specify the responsibilities of the county agricultural inspectors inspector in the annual 
19.5 	work plan, which may include:
19.6 	(1) to see that sections 18.76 to 18.8818.91 and rules adopted under those sections 
19.7 	are carried out within their jurisdiction;  
19.8 	(2) to see that sections 21.80 to 21.92 and rules adopted under those sections are 
19.9 	carried out within their jurisdiction;  
19.10 	(3) to see that sections 21.71 to 21.78 and rules adopted under those sections are 
19.11 	carried out within their jurisdiction;  
19.12 	(4) to participate in the control programs for invasive plant species, feed, fertilizer, 
19.13 	pesticide, and plant and insect pests when requested, in writing, to do so by the 
19.14 	commissioner;
19.15 	(5) to participate in other agricultural programs under the control of the 
19.16 	commissioner when requested by the commissioner in writing to do so, subject to veto 
19.17 	by the county board;
19.18 	(6) to administer the distribution of funds allocated by the county board to the 
19.19 	county agricultural inspector or county-designated employee for noxious weed control 
19.20 	and eradication within the county;
19.21 	(7) to submit reports and attend meetings that the commissioner requires; and
19.22 	(8) to publish a general weed notice of the legal duty to control noxious weeds in 
19.23 	one or more legal newspapers of general circulation throughout the county; and
19.24 	(9) to be the primary contact in the county for all plant biological control agents.

19.25 	Sec. 27. Minnesota Statutes 2008, section 18.81, is amended by adding a subdivision 
19.26 	to read:
19.27 		Subd. 1a.County agricultural inspectors and county-designated employees; 
19.28 	mandatory duties. The county agricultural inspector or county-designated employee 
19.29 	shall be responsible for:
19.30 	(1) the enforcement of sections 18.78; 18.82; 18.83; 18.84; 18.86; and 18.87; and
19.31 	(2) providing a point of contact within the county for noxious weeds.

19.32 	Sec. 28. Minnesota Statutes 2008, section 18.81, subdivision 3, is amended to read:
19.33 		Subd. 3.Nonperformance by inspectors; reimbursement for expenses. If local 
19.34 	weed inspectors neglect or fail to do their duty as prescribed in this section, the county 
20.1 	agricultural inspector shall or county-designated employee, in consultation with the 
20.2 	commissioner, may  issue a notice to the inspector providing instructions on how and 
20.3 	when to do their duty. If, after the time allowed in the notice, the local weed inspector 
20.4 	has not complied as directed, the county agricultural inspector or county-designated 
20.5 	employee may consult with the commissioner to perform the duty for the local weed 
20.6 	inspector. A claim for the expense of doing the local weed inspector's duty is a legal 
20.7 	charge against the municipality in which the inspector has jurisdiction. The county 
20.8 	agricultural inspector doingor county-designated employee overseeing the work may file 
20.9 	an itemized statement of costs with the clerk of the municipality in which the work was 
20.10 	performed. The municipality shall immediately issue proper warrants to the county for 
20.11 	the work performed. If the municipality fails to issue the warrants, the county auditor 
20.12 	may include the amount contained in the itemized statement of costs as part of the next 
20.13 	annual tax levy in the municipality and withhold that amount from the municipality in 
20.14 	making its next apportionment.

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

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

20.30 	Sec. 31. Minnesota Statutes 2008, section 18.83, is amended to read:
20.31 	18.83 CONTROL; ERADICATION; NOTICES; EXPENSES.
20.32 		Subdivision 1.General weed notice. A general notice for noxious weed control 
20.33 	or eradication must be published on or before May 15 of each year and at other 
21.1 	times the commissioner directs. Failure of the county agricultural weed inspector or 
21.2 	county-designated employee to publish the general notice does not relieve a person from 
21.3 	the necessity of full compliance with sections 18.76 to 18.8818.91 and related rules. The 
21.4 	published notice is legal and sufficient notice when an individual notice cannot be served.  
21.5 		Subd. 2.Individual notice. A weedAn inspector or county-designated employee
21.6 	may find it necessary to secure more prompt or definite control or eradication of 
21.7 	noxious weeds than is accomplished by the published general notice. In these special or 
21.8 	individual instances, involving one or a limited number of persons, the weed inspector 
21.9 	or county-designated employee having jurisdiction shall serve individual notices in 
21.10 	writing upon the person who owns the land and the person who occupies the land, or the 
21.11 	person responsible for or charged with the maintenance of public land, giving specific 
21.12 	instructions on when and how named noxious weeds are to be controlled or eradicated. 
21.13 	Individual notices provided for in this section must be served in the same manner as a 
21.14 	summons in a civil action in the district court or by certified mail. Service on a person 
21.15 	living temporarily or permanently outside of the weed inspector's or county-designated 
21.16 	employee's jurisdiction may be made by sending the notice by certified mail to the last 
21.17 	known address of the person, to be ascertained, if necessary, from the last tax list in the 
21.18 	county treasurer's office.
21.19 		Subd. 3.Appeal of individual notice; appeal committee. (1) A recipient of an 
21.20 	individual notice may appeal, in writing, the order for control or eradication of noxious 
21.21 	weeds. This appeal must be filed with a member of the appeal committee in the county 
21.22 	where the land is located within two working days of the time the notice is received. The 
21.23 	committee must inspect the land specified in the notice and report back to the recipient and 
21.24 	the inspector or county-designated employee who issued the notice within five working 
21.25 	days, either agreeing, disagreeing, or revising the order. The decision may be appealed 
21.26 	in district court. If the committee agrees or revises the order, the control or eradication 
21.27 	specified in the order, as approved or revised by the committee, may be carried out.
21.28 	(2) The county board of commissioners shall appoint members of the appeal 
21.29 	committee. The membership must include a county commissioner or municipal official 
21.30 	and a landowner residing in the county. The expenses of the members may be reimbursed 
21.31 	by the county upon submission of an itemized statement to the county auditor. At its 
21.32 	option, the county board of commissioners, by resolution, may delegate the duties of the 
21.33 	appeal committee to its board of adjustment established pursuant to section 394.27. When 
21.34 	carrying out the duties of the appeal committee, the zoning board of adjustment shall 
21.35 	comply with all of the procedural requirements of this section.
22.1 		Subd. 4.Control or eradication by inspector or county-designated employee. If 
22.2 	a person does not comply with an individual notice served on the person or an individual 
22.3 	notice cannot be served, the weed inspector or county-designated employee having 
22.4 	jurisdiction shall have the noxious weeds controlled or eradicated within the time and in 
22.5 	the manner the weed inspector or county-designated employee designates.
22.6 		Subd. 5.Control or eradication by inspector or county-designated employee
22.7 	in growing crop. A weedAn inspector or county-designated employee may consider it 
22.8 	necessary to control or eradicate noxious weeds along with all or a part of a growing 
22.9 	crop to prevent the maturation and spread of noxious weeds within the inspector's or 
22.10 	county-designated employee's jurisdiction. If this situation exists, the weed inspector 
22.11 	or county-designated employee may have the noxious weeds controlled or eradicated 
22.12 	together with the crop after the appeal committee has reviewed the matter as outlined in 
22.13 	subdivision 3 and reported back agreement with the order.
22.14 		Subd. 6.Authorization for person hired to enter upon land. The weed inspector 
22.15 	or county-designated employee may hire a person to control or eradicate noxious weeds if 
22.16 	the person who owns the land, the person who occupies the land, or the person responsible 
22.17 	for the maintenance of public land has failed to comply with an individual notice or with 
22.18 	the published general notice when an individual notice cannot be served. The person 
22.19 	hired must have authorization, in writing, from the weed inspector or county-designated 
22.20 	employee to enter upon the land.
22.21 		Subd. 7.Expenses; reimbursements. A claim for the expense of controlling or 
22.22 	eradicating noxious weeds, which may include the costs of serving notices, is a legal 
22.23 	charge against the county in which the land is located. The officers having the work done 
22.24 	must file with the county auditor a verified and itemized statement of cost for all services 
22.25 	rendered on each separate tract or lot of land. The county auditor shall immediately issue 
22.26 	proper warrants to the persons named on the statement as having rendered services. To 
22.27 	reimburse the county for its expenditure in this regard, the county auditor shall certify 
22.28 	the total amount due and, unless an appeal is made in accordance with section 18.84, 
22.29 	enter it on the tax roll as a tax upon the land and it must be collected as other real estate 
22.30 	taxes are collected.  
22.31 	If public land is involved, the amount due must be paid from funds provided for 
22.32 	maintenance of the land or from the general revenue or operating fund of the agency 
22.33 	responsible for the land. Each claim for control or eradication of noxious weeds on public 
22.34 	lands must first be approved by the commissioner of agriculture.

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

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

23.13 	Sec. 34. Minnesota Statutes 2008, section 18.84, subdivision 3, is amended to read:
23.14 		Subd. 3.Court Appeal of costs to district court; petition. (a) A landowner who 
23.15 	has appealedperson who is ordered to control noxious weeds under sections 18.76 to 18.91 
23.16 	and is charged for the cost of noxious weed control measures under subdivision 2 may 
23.17 	petition for judicial review of the charges. The petition must be filed within 30 days after 
23.18 	the conclusion of the hearing before the county board being charged. The petition must be 
23.19 	filed with the court administrator in the county in which the land where the noxious weed 
23.20 	control measures were undertaken is located, together with proof of service of a copy of 
23.21 	the petition on the county auditor. No responsive pleadings may be required of the county, 
23.22 	and no court fees may be charged for the appearance of the county in this matter.
23.23 	(b) The petition must be captioned in the name of the person making the petition as 
23.24 	petitioner and respective county as respondents. The petition must include the petitioner's 
23.25 	name, the legal description of the land involved, a copy of the notice to control noxious 
23.26 	weeds, and the date or dates on which appealed control measures were undertaken.
23.27 	(c) The petition must state with specificity the grounds upon which the petitioner 
23.28 	seeks to avoid the imposition of a lien for the cost of noxious weed control measures.

23.29 	Sec. 35. Minnesota Statutes 2008, section 18.86, is amended to read:
23.30 	18.86 UNLAWFUL ACTS.
23.31 	No person may:
24.1 	(1) hinder or obstruct in any way the county agricultural inspectors or local weed 
24.2 	inspectorsan inspector or county-designated employee in the performance of their duties 
24.3 	as provided inunder sections 18.76 to 18.8818.91 or related rules;  
24.4 	(2) neglect, fail, or refuse to comply with section 18.82 or related rules in the 
24.5 	transportation and use of material or equipment infested with noxious weed propagating 
24.6 	parts;  
24.7 	(3) sell material containing noxious weed propagating parts to a person who does 
24.8 	not have a permit to transport that material or to a person who does not have a screenings 
24.9 	permit issued in accordance with section 21.74; or  
24.10 	(4) neglect, fail, or refuse to comply with a general notice or an individual notice to 
24.11 	control or eradicate noxious weeds.

24.12 	Sec. 36. Minnesota Statutes 2008, section 18.87, is amended to read:
24.13 	18.87 PENALTY.
24.14 	A violation of section 18.86 or a rule adopted under that section is a misdemeanor. 
24.15 	County agricultural inspectors, local weed Inspectors, county-designated employees, or 
24.16 	their appointed assistants are not subject to the penalties of this section for failure, neglect, 
24.17 	or refusal to perform duties imposed on them by sections 18.76 to 18.88 18.91.  

24.18 	Sec. 37. Minnesota Statutes 2008, section 18.88, is amended to read:
24.19 	18.88 NOXIOUS WEED PROGRAM FUNDING.
24.20 		Subdivision 1.County. The county board shall pay, from the general revenue 
24.21 	or other fund for the county, the expenses for the county agricultural inspector or 
24.22 	county-designated employee position, for noxious weed control or eradication on all 
24.23 	land owned by the county or on land thatfor which the county is responsible for the
24.24 	its maintenance of,and for the expenses of the appeal committee, and for necessary 
24.25 	expenses as required for quarantines within the county. Use of funding from grants and 
24.26 	other sources for the administration and enforcement of the noxious weed law must be 
24.27 	approved by the county board.
24.28 		Subd. 2.Municipality. The municipality shall pay, from the general revenue or 
24.29 	other fund for the municipality, the necessary expenses of the local weed inspector or 
24.30 	county-designated employee in the performance of duties required for quarantines within 
24.31 	the municipality, and for noxious weed control or eradication on land owned by the 
24.32 	municipality or on land for which the municipality is responsible for its maintenance. Use 
24.33 	of funding from grants and other sources for the administration and enforcement of the 
24.34 	noxious weed law must be approved by the town board or city mayor.
25.1 		Subd. 3.Funding. Funding in the form of grants or cost sharing may be provided to 
25.2 	the counties for the performance of their activities under section 18.81, subdivision 1.

25.3 	Sec. 38. [18.89] NOXIOUS WEED AND INVASIVE PLANT SPECIES 
25.4 	ASSISTANCE ACCOUNT.
25.5 	The noxious weed and invasive plant species assistance account is created in the 
25.6 	agricultural fund. The account may be used to carry out the purposes of section 18.90. 
25.7 	Any money transferred to the account and any money received by the account as gifts or 
25.8 	grants or other private or public funds obtained for the purposes in section 18.91 must 
25.9 	be credited to the account. The money in the account is annually appropriated to the 
25.10 	commissioner to implement section 18.90.

25.11 	Sec. 39. [18.90] GRANT PROGRAM.
25.12 	(a) From funds available in the noxious weed and invasive plant species assistance 
25.13 	account established in section 18.89, the commissioner shall administer a grant program 
25.14 	to assist counties and municipalities and other weed management entities in the cost 
25.15 	of implementing and maintaining noxious weed control programs and in addressing 
25.16 	special weed control problems. The commissioner shall receive applications by counties, 
25.17 	municipalities, weed management areas, and weed management entities for assistance 
25.18 	under this section and, in consultation with the Noxious Weed Advisory Committee, 
25.19 	award grants for any of the following eligible purposes:
25.20 	(1) to conduct applied research to solve locally significant weed management 
25.21 	problems;
25.22 	(2) to demonstrate innovative control methods or land management practices which 
25.23 	have the potential to reduce landowner costs to control noxious weeds or improve the 
25.24 	effectiveness of noxious weed control;
25.25 	(3) to encourage the ongoing support of weed management areas;
25.26 	(4) to respond to introductions or infestations of invasive plants that threaten or 
25.27 	potentially threaten the productivity of cropland and rangeland over a wide area;
25.28 	(5) to respond to introductions or infestations of invasive plant species that threaten 
25.29 	or potentially threaten the productivity of biodiversity of wildlife and fishery habitats on 
25.30 	public and private lands;
25.31 	(6) to respond to special weed control problems involving weeds not included in the 
25.32 	list of noxious weeds published and distributed by the commissioner;
26.1 	(7) to conduct monitoring or surveillance activities to detect, map, or determine 
26.2 	the distribution of invasive plant species and to determine susceptible locations for the 
26.3 	introduction or spread of invasive plant species; and
26.4 	(8) to conduct educational activities.
26.5 	(b) The commissioner shall select and prioritize applications for assistance under 
26.6 	this section based on the following considerations:
26.7 	(1) the seriousness of the noxious weed or invasive plant problem or potential 
26.8 	problem addressed by the project;
26.9 	(2) the ability of the project to provide timely intervention to save current and future 
26.10 	costs of control and eradication;
26.11 	(3) the likelihood that the project will prevent or resolve the problem or increase 
26.12 	knowledge about resolving similar problems in the future;
26.13 	(4) the extent to which the project will leverage federal funds and other nonstate 
26.14 	funds;
26.15 	(5) the extent to which the applicant has made progress in addressing noxious weed 
26.16 	or invasive plant problems;
26.17 	(6) the extent to which the project will provide a comprehensive approach to the 
26.18 	control or eradication of noxious weeds;
26.19 	(7) the extent to which the project will reduce the total population or area of 
26.20 	infestation of a noxious weed;
26.21 	(8) the extent to which the project uses the principles of integrated vegetation 
26.22 	management and sound science; and
26.23 	(9) other factors that the commissioner determines to be relevant.
26.24 	(c) Nothing in this section may be construed to relieve a person of the duty or 
26.25 	responsibility to control the spread of noxious weeds on lands owned and controlled 
26.26 	by the person.

26.27 	Sec. 40. [18.91] ADVISORY COMMITTEE; MEMBERSHIP.
26.28 		Subdivision 1.Duties. The commissioner shall consult with the Noxious Weed 
26.29 	Advisory Committee to advise the commissioner concerning responsibilities under 
26.30 	the noxious weed control program. The committee shall also evaluate species for 
26.31 	invasiveness, difficulty of control, cost of control, benefits, and amount of injury caused 
26.32 	by them. For each species evaluated, the committee shall recommend to the commissioner 
26.33 	on which noxious weed list or lists, if any, the species should be placed. Species currently 
26.34 	designated as prohibited or restricted noxious weeds must be reevaluated every three years 
26.35 	for a recommendation on whether or not they need to remain on the noxious weed lists. 
27.1 	Members of the committee are not entitled to reimbursement of expenses nor payment 
27.2 	of per diem. Members shall serve two-year terms with subsequent reappointment by 
27.3 	the commissioner.
27.4 		Subd. 2.Membership. The commissioner shall appoint members, which shall 
27.5 	include representatives from the following:
27.6 	(1) horticultural science, agronomy, and forestry at the University of Minnesota;
27.7 	(2) the nursery and landscape industry in Minnesota;
27.8 	(3) the seed industry in Minnesota;
27.9 	(4) the Department of Agriculture;
27.10 	(5) the Department of Natural Resources;
27.11 	(6) a conservation organization;
27.12 	(7) an environmental organization;
27.13 	(8) at least two farm organizations;
27.14 	(9) the county agricultural inspectors;
27.15 	(10) city, township, and county governments;
27.16 	(11) the Department of Transportation;
27.17 	(12) the University of Minnesota Extension;
27.18 	(13) the timber and forestry industry in Minnesota;
27.19 	(14) the Board of Water and Soil Resources; and
27.20 	(15) soil and water conservation districts.
27.21 		Subd. 3.Additional duties. The committee shall conduct evaluations of terrestrial 
27.22 	plant species to recommend if they need to be designated as noxious weeds and into 
27.23 	which noxious weed classification they should be designated, advise the commissioner 
27.24 	on the implementation of the Noxious Weed Law, and assist the commissioner in the 
27.25 	development of management criteria for each noxious weed category.
27.26 		Subd. 4.Organization. The committee shall select a chair from its membership. 
27.27 	Meetings of the committee may be called by or at the direction of the commissioner or 
27.28 	upon direction of its chair.
27.29 		Subd. 5.Expiration. Notwithstanding section 15.059, subdivision 3, the committee 
27.30 	expires June 30, 2013.

27.31 	Sec. 41. Minnesota Statutes 2008, section 18B.01, is amended by adding a subdivision 
27.32 	to read:
27.33 		Subd. 1a.Agricultural pesticide. "Agricultural pesticide" means a pesticide 
27.34 	that bears labeling that meets federal worker protection agricultural use requirements 
27.35 	established in Code of Federal Regulations, title 40, parts 156 and 170.

28.1 	Sec. 42. Minnesota Statutes 2008, section 18B.01, subdivision 8, is amended to read:
28.2 		Subd. 8.Distribute. "Distribute" means offer for sale, sell, barter, ship, deliver for 
28.3 	shipment, receive and deliver, and offer to deliver pesticides in this state or into this state.

28.4 	Sec. 43. Minnesota Statutes 2008, section 18B.01, is amended by adding a subdivision 
28.5 	to read:
28.6 		Subd. 14b.Nonagricultural pesticide. "Nonagricultural pesticide" means a 
28.7 	pesticide that does not bear labeling that meets federal worker protection agricultural use 
28.8 	requirements established in Code of Federal Regulations, title 40, parts 156 and 170.

28.9 	Sec. 44. Minnesota Statutes 2008, section 18B.065, subdivision 2, is amended to read:
28.10 		Subd. 2. Implementation. (a) The commissioner may obtain a United States 
28.11 	Environmental Protection Agency hazardous waste identification number to manage the 
28.12 	waste pesticides collected. 
28.13 	(b) The commissioner may not limit the type and quantity of waste pesticides 
28.14 	accepted for collection and may not assess pesticide end users for portions of the costs 
28.15 	incurred. 

28.16 	Sec. 45. Minnesota Statutes 2008, section 18B.065, subdivision 2a, is amended to read:
28.17 		Subd. 2a. Disposal site requirement. (a) For agricultural waste pesticides pesticide 
28.18 	collections, the commissioner must designate a place in each county of the state that is 
28.19 	available at least every year periodically for persons to dispose of unused portions of 
28.20 	agricultural pesticides. The commissioner shall consult with the person responsible for 
28.21 	solid waste management and disposal in each county to determine an appropriate location 
28.22 	and to advertise each collection event. 
28.23 	(b) For residential waste pesticides pesticide collections, the commissioner must 
28.24 	provide periodic disposal opportunities each year in each county. As provided under 
28.25 	subdivision 7, the commissioner may enter into agreements with county or regional solid 
28.26 	waste management entities to provide these collections and shall provide these entities 
28.27 	with funding. Reimbursement shall be made for reasonable costs incurred including, but 
28.28 	not limited to, related supplies, transportation, advertising, and disposal costs as well as 
28.29 	reasonable overhead costs. 
28.30 	(c) A person who collects waste pesticide under paragraph (a) or (b) shall, on a 
28.31 	form provided by the commissioner,  record information on each waste pesticide product 
28.32 	collected including, but not limited to, the quantity collected and either the product 
28.33 	name, and its active ingredient or ingredients, quantity, and or the product's United 
29.1 	States Environmental Protection Agency registration number, on a form provided by the 
29.2 	commissioner. The person must submit this information to the commissioner at least 
29.3 	annually. 

29.4 	Sec. 46. [18B.346] PESTICIDE APPLICATION ON RAILROAD PROPERTY.
29.5 		Subdivision 1.Applicability. This section applies only to common carrier railroads.
29.6 		Subd. 2.Safety information. (a) In coordination with common carrier railroad 
29.7 	companies operating in this state, the commissioner shall provide annual pesticide safety 
29.8 	outreach opportunities for railroad employees.
29.9 	(b) A common carrier railroad that operates in this state must provide annual 
29.10 	employee pesticide safety training opportunities.
29.11 		Subd. 3.Pesticide applications. (a) A person may not directly apply a restricted-use 
29.12 	pesticide to occupied or unoccupied locomotives, track repair equipment, or on-track 
29.13 	housing units unless the pesticide is specifically labeled for that use.
29.14 	(b) Employees of common carrier railroads must not be required to work in affected 
29.15 	areas in a manner that is inconsistent with the pesticide label.
29.16 		Subd. 4.Misuse reporting.  A common carrier railroad or a commercial applicator 
29.17 	hired by the common carrier railroad to apply pesticide must report to the commissioner 
29.18 	within four hours, or as soon as practicable, any pesticide misuse known to the railroad 
29.19 	company or commercial applicator that occurred on railroad property or to other property 
29.20 	under the control of the railroad company. For the purposes of this section "misuse" means 
29.21 	a pesticide application that violates subdivision 3 or any provision in section 18B.07.

29.22 	Sec. 47. Minnesota Statutes 2008, section 18C.415, subdivision 3, is amended to read:
29.23 		Subd. 3.Effective period. Other Licenses are for the period from January 1 to the 
29.24 	following December 31 and must be renewed annually by the licensee before January 1. A 
29.25 	license is not transferable from one person to another, from the ownership to whom issued 
29.26 	to another ownership, or from one location to another location.

29.27 	Sec. 48. Minnesota Statutes 2008, section 18C.421, is amended to read:
29.28 	18C.421 DISTRIBUTOR'S TONNAGE REPORT.
29.29 		Subdivision 1.Semiannual statement Annual tonnage report. (a) Each licensed 
29.30 	distributor of fertilizer and each registrant of a specialty fertilizer, soil amendment, or plant 
29.31 	amendment must file a semiannual statement for the periods ending December 31 and June 
29.32 	30 with the commissioner on forms furnished by the commissioner stating the number of 
29.33 	net tons and grade of each raw fertilizer material distributed or the number of net tons of 
30.1 	each brand or grade of fertilizer, soil amendment, or plant amendment registrant under 
30.2 	section 18C.411 and licensee under section 18C.415 shall file an annual tonnage report for 
30.3 	the previous year ending June 30 with the commissioner, on forms provided or approved 
30.4 	by the commissioner, stating the number of net tons of each brand or grade of fertilizer, 
30.5 	soil amendment, or plant amendment distributed in this state or the number of net tons and 
30.6 	grade of each raw fertilizer material distributed in this state during the reporting period.
30.7 	(b) A tonnage reports are report is not required to be filed with submitted, and an 
30.8 	inspection fee under section 18C.425, subdivision 6, is not required to be paid to the 
30.9 	commissioner from licensees by a licensee who distributed distributes fertilizer solely by 
30.10 	custom application.
30.11 	(c) A report from a licensee who sells to an ultimate consumer must be accompanied 
30.12 	by records or invoice copies indicating the name of the distributor who paid the inspection 
30.13 	fee, the net tons received, and the grade or brand name of the products received.
30.14 	(d) The annual tonnage report is due must be submitted to the commissioner on or 
30.15 	before the last day of the month following the close of each reporting period July 31 of 
30.16 	each calendar year.
30.17 	(e) (d) The inspection fee at the rate stated in section 18C.425, subdivision 6, must 
30.18 	accompany the statement.  
30.19 		Subd. 2.Additional reports. The commissioner may by rule require additional 
30.20 	reports for the purpose of gathering statistical data relating to fertilizer, soil amendments, 
30.21 	and plant amendments distribution in the state.
30.22 		Subd. 3.Late annual report and inspection fee penalty. (a) If a distributor does 
30.23 	not file the semiannual statement registrant or licensee fails to submit an annual tonnage 
30.24 	report or pay the inspection fees fee under section 18C.425, subdivision 6, by 31 days 
30.25 	after the end of the reporting period July 31, the commissioner shall assess the registrant 
30.26 	or licensee a penalty of the greater of $25 $50 or ten percent of the amount due against 
30.27 	the licensee or registrant.
30.28 	(b) The fees due, plus the penalty, may be recovered in a civil action against the 
30.29 	licensee or registrant.
30.30 	(c) The assessment of the penalty does not prevent the commissioner from taking 
30.31 	other actions as provided in this chapter and sections 18D.301 to 18D.331.
30.32 		Subd. 4.Responsibility for inspection fees. If more than one person is involved 
30.33 	in the distribution of a fertilizer, soil amendment, or plant amendment, the distributor 
30.34 	who imports, manufactures, or produces the fertilizer or who has the specialty fertilizer, 
30.35 	soil amendment, or plant amendment registered is responsible for the inspection fee on 
30.36 	products produced or brought into this state. The distributor must separately list the 
31.1 	inspection fee on the invoice to the licensee. The last licensee must retain the invoices 
31.2 	showing proof of inspection fees paid for three years and must pay the inspection fee on 
31.3 	products brought into this state before July 1, 1989, unless the reporting and paying of 
31.4 	fees have been made by a prior distributor of the fertilizer.
31.5 		Subd. 5.Verification of statements annual tonnage report. The commissioner 
31.6 	may verify the records on which the statement of annual tonnage report is based.

31.7 	Sec. 49. Minnesota Statutes 2008, section 18C.425, subdivision 4, is amended to read:
31.8 		Subd. 4.Fee for late application. If an application for renewal of a fertilizer 
31.9 	license or registration of a specialty fertilizer, soil amendment, or plant amendment
31.10 	under section 18C.411 or a license under section 18C.415 is not filed before January 1 
31.11 	or July 1 of a year, as required submitted to the commissioner after December 31, an 
31.12 	additional application late fee of one-half of the amount due must be paid in addition to 
31.13 	the application fee before the renewal license or registration may be issued.

31.14 	Sec. 50. Minnesota Statutes 2008, section 18C.425, subdivision 6, is amended to read:
31.15 		Subd. 6.Payment of inspection fees fee. (a) The person who registers and 
31.16 	distributes in the state a specialty fertilizer, soil amendment, or plant amendment under 
31.17 	section 18C.411 shall pay the inspection fee to the commissioner.
31.18 	(b) The person licensed under section 18C.415 who distributes a fertilizer to a person 
31.19 	not required to be so licensed shall pay the inspection fee to the commissioner, except as 
31.20 	exempted under section 18C.421, subdivision 1, paragraph (b).
31.21 	(c) The person responsible for payment of the inspection fees for fertilizers, soil 
31.22 	amendments, or plant amendments sold and used in this state must pay an inspection fee 
31.23 	of 30 cents per ton of fertilizer, soil amendment, and plant amendment sold or distributed 
31.24 	in this state, with a minimum of $10 on all tonnage reports. Products sold or distributed to 
31.25 	manufacturers or exchanged between them are exempt from the inspection fee imposed by 
31.26 	this subdivision if the products are used exclusively for manufacturing purposes.
31.27 	(d) A registrant or licensee must retain invoices showing proof of fertilizer, plant 
31.28 	amendment, or soil amendment distribution amounts and inspection fees paid for a period 
31.29 	of three years.

31.30 	Sec. 51. Minnesota Statutes 2008, section 18E.03, subdivision 2, is amended to read:
31.31 		Subd. 2.Expenditures. (a) Money in the agricultural chemical response and 
31.32 	reimbursement account may only be used:
32.1 	(1) to pay for the commissioner's responses to incidents under chapters 18B, 18C, 
32.2 	and 18D that are not eligible for payment under section 115B.20, subdivision 2;
32.3 	(2) to pay for emergency responses that are otherwise unable to be funded;
32.4 	(3) to reimburse and pay corrective action costs under section 18E.04; and
32.5 	(4) by the board to reimburse the commissioner for board staff and other 
32.6 	administrative costs up to $225,000 per fiscal year; and
32.7 	(5) to pay costs for the commissioner's incident response program related to 
32.8 	ACRRA-eligible sites.
32.9 	(b) Money in the agricultural chemical response and reimbursement account is 
32.10 	appropriated to the commissioner to make payments as provided in this subdivision.

32.11 	Sec. 52. Minnesota Statutes 2008, section 28A.085, subdivision 1, is amended to read:
32.12 		Subdivision 1.Violations; prohibited acts. The commissioner may charge a 
32.13 	reinspection fee for each reinspection of a food handler that:
32.14 	(1) is found with a major violation of requirements in chapter 28, 29, 30, 31, 31A, 
32.15 	32, 33, or 34, or rules adopted under one of those chapters;
32.16 	(2) is found with a violation of section 31.02, 31.161, or 31.165, and requires a 
32.17 	follow-up inspection after an administrative meeting held pursuant to section 31.14; or  
32.18 	(3) fails to correct equipment and facility deficiencies as required in rules adopted 
32.19 	under chapter 28, 29, 30, 31, 31A, 32, or 34. The first reinspection of a firm with gross 
32.20 	food sales under $1,000,000 must be assessed at $75 $150. The fee for a firm with gross 
32.21 	food sales over $1,000,000 is $100 $200. The fee for a subsequent reinspection of a firm 
32.22 	for the same violation is 50 percent of their current license fee or $200 $300, whichever is 
32.23 	greater. The establishment must be issued written notice of violations with a reasonable 
32.24 	date for compliance listed on the notice. An initial inspection relating to a complaint is 
32.25 	not a reinspection.

32.26 	Sec. 53. [31.97] FEEDING MINNESOTA TASK FORCE.
32.27 		Subdivision 1.Establishment; purpose. The commissioner of agriculture 
32.28 	shall establish the Feeding Minnesota Task Force to make proposals to maximize the 
32.29 	consumption of Minnesota grown produce and livestock by facilitating the donation of 
32.30 	harvested products to charities that provide food for hungry people.
32.31 		Subd. 2.Members. The commissioner shall appoint members of the task force 
32.32 	to represent the following organizations and industries, with consideration given to 
32.33 	geographic diversity:
32.34 	(1) the Minnesota grown program;
33.1 	(2) the Second Harvest food bank organization;
33.2 	(3) the Minnesota Fruit and Vegetable Growers Association;
33.3 	(4) the Minnesota Apple Growers Association;
33.4 	(5) the Minnesota Milk Producers Association;
33.5 	(6) the Minnesota Pork Producers Association;
33.6 	(7) the Minnesota Beef Council;
33.7 	(8) the Minnesota Egg and Poultry Association;
33.8 	(9) the Minnesota Agri-Growth Council;
33.9 	(10) the Minnesota Farmers' Market Association;
33.10 	(11) the Minnesota Trucking Association;
33.11 	(12) the Area 2 Potato Growers Association;
33.12 	(13) University of Minnesota Extension;
33.13 	(14) the food canning and processing industry;
33.14 	(15) the meatpacking and processing industry; and
33.15 	(16) youth corps organizations.
33.16 		Subd. 3.Administrative support. The commissioner shall provide staff and other 
33.17 	administrative support for the task force.
33.18 		Subd. 4.Report. The task force shall make policy recommendations, including 
33.19 	any necessary draft legislation, to the chairs and ranking minority members of the 
33.20 	legislative committees having jurisdiction over agricultural finance by February 1, 2010, 
33.21 	and thereafter as necessary.
33.22 		Subd. 5.Expiration. The task force and this section expire June 30, 2011.

33.23 	Sec. 54. Minnesota Statutes 2008, section 32.394, subdivision 8, is amended to read:
33.24 		Subd. 8.Grade A inspection fees. A processor or marketing organization of milk, 
33.25 	milk products, sheep milk, or goat milk who wishes to market Grade A milk or use the 
33.26 	Grade A label must apply for Grade A inspection service from the commissioner. A 
33.27 	pasteurization plant requesting Grade A inspection service must hold a Grade A permit 
33.28 	and pay an annual inspection fee of no more than $500. For Grade A farm inspection 
33.29 	service, the fee must be no more than $50 per farm, paid annually by the processor or by 
33.30 	the marketing organization on behalf of its patrons. For a farm requiring a reinspection in 
33.31 	addition to the required biannual inspections, an additional fee of $45 per reinspection
33.32 	must be paid by the processor or by the marketing organization on behalf of its patrons.
33.33 	The fee for reinspection of a farm with fewer than 100 cows is $60 per reinspection. The 
33.34 	fee for reinspection of a farm with 100 or more cows is $150 per reinspection.

34.1 	Sec. 55. Minnesota Statutes 2008, section 41A.09, subdivision 3a, is amended to read:
34.2 		Subd. 3a.Ethanol producer payments. (a) The commissioner shall make cash 
34.3 	payments to producers of ethanol located in the state that have begun production at a 
34.4 	specific location by June 30, 2000. For the purpose of this subdivision, an entity that holds 
34.5 	a controlling interest in more than one ethanol plant is considered a single producer. 
34.6 	The amount of the payment for each producer's annual production, except as provided 
34.7 	in paragraph (c), is 20 cents per gallon for each gallon of ethanol produced at a specific 
34.8 	location on or before June 30, 2000, or ten years after the start of production, whichever is 
34.9 	later. Annually, within 90 days of the end of its fiscal year, an ethanol producer receiving 
34.10 	payments under this subdivision must file a disclosure statement on a form provided by 
34.11 	the commissioner. The initial disclosure statement must include a summary description 
34.12 	of the organization of the business structure of the claimant, a listing of the percentages 
34.13 	of ownership by any person or other entity with an ownership interest of five percent or 
34.14 	greater, and a copy of its annual audited financial statements, including the auditor's report 
34.15 	and footnotes. The disclosure statement must include information demonstrating what 
34.16 	percentage of the entity receiving payments under this section is owned by farmers or 
34.17 	other entities eligible to farm or own agricultural land in Minnesota under the provisions 
34.18 	of section 500.24. Subsequent annual reports must reflect noncumulative changes in 
34.19 	ownership of ten percent or more of the entity. The report need not disclose the identity of 
34.20 	the persons or entities eligible to farm or own agricultural land with ownership interests, 
34.21 	individuals residing within 30 miles of the plant, or of any other entity with less than 
34.22 	ten percent ownership interest, but the claimant must retain information within its files 
34.23 	confirming the accuracy of the data provided. This data must be made available to the 
34.24 	commissioner upon request. Not later than the 15th day of February in each year the 
34.25 	commissioner shall deliver to the chairs of the standing committees of the senate and the 
34.26 	house of representatives that deal with agricultural policy and agricultural finance issues 
34.27 	an annual report summarizing aggregated data from plants receiving payments under this 
34.28 	section during the preceding calendar year. Audited financial statements and notes and 
34.29 	disclosure statements submitted to the commissioner are nonpublic data under section 
34.30 	13.02, subdivision 9. Notwithstanding the provisions of chapter 13 relating to nonpublic 
34.31 	data, summaries of the submitted audited financial reports and notes and disclosure 
34.32 	statements will be contained in the report to the committee chairs and will be public data.
34.33 	(b) No payments shall be made for ethanol production that occurs after June 30, 
34.34 	2010. A producer of ethanol shall not transfer the producer's eligibility for payments 
34.35 	under this section to an ethanol plant at a different location.
35.1 	(c) If the level of production at an ethanol plant increases due to an increase in the 
35.2 	production capacity of the plant, the payment under paragraph (a) applies to the additional 
35.3 	increment of production until ten years after the increased production began. Once a 
35.4 	plant's production capacity reaches 15,000,000 gallons per year, no additional increment 
35.5 	will qualify for the payment.
35.6 	(d) Total payments under paragraphs (a) and (c) to a producer in a fiscal year may 
35.7 	not exceed $3,000,000.
35.8 	(e) By the last day of October, January, April, and July, each producer shall file a 
35.9 	claim for payment for ethanol production during the preceding three calendar months. 
35.10 	A producer that files a claim under this subdivision shall include a statement of the 
35.11 	producer's total ethanol production in Minnesota during the quarter covered by the claim. 
35.12 	For each claim and statement of total ethanol production filed under this subdivision, 
35.13 	the volume of ethanol production must be examined by an independent certified public 
35.14 	accountant in accordance with standards established by the American Institute of Certified 
35.15 	Public Accountants.
35.16 	(f) Payments shall be made November 15, February 15, May 15, and August 15. A 
35.17 	separate payment shall be made for each claim filed. Except as provided in paragraph (g), 
35.18 	the total quarterly payment to a producer under this paragraph may not exceed $750,000.
35.19 	(g) Notwithstanding the quarterly payment limits of paragraph (f), the commissioner 
35.20 	shall make an additional payment in the fourth quarter of each fiscal year to ethanol 
35.21 	producers for the lesser of: (1) 20 cents per gallon of production in the fourth quarter of the 
35.22 	year that is greater than 3,750,000 gallons; or (2) the total amount of payments lost during 
35.23 	the first three quarters of the fiscal year due to plant outages, repair, or major maintenance. 
35.24 	Total payments to an ethanol producer in a fiscal year, including any payment under this 
35.25 	paragraph, must not exceed the total amount the producer is eligible to receive based on 
35.26 	the producer's approved production capacity. The provisions of this paragraph apply only 
35.27 	to production losses that occur in quarters beginning after December 31, 1999.
35.28 	(h) The commissioner shall reimburse ethanol producers for any deficiency in 
35.29 	payments during earlier quarters if the deficiency occurred because of unallotment or 
35.30 	because appropriated money was insufficient to make timely payments in the full amount 
35.31 	provided in paragraph (a). Notwithstanding the quarterly or annual payment limitations in 
35.32 	this subdivision, the commissioner shall begin making payments for earlier deficiencies in 
35.33 	each fiscal year that appropriations for ethanol payments exceed the amount required to 
35.34 	make eligible scheduled payments. Payments for earlier deficiencies must continue until 
35.35 	the deficiencies for each producer are paid in full, except the commissioner shall not make 
35.36 	a deficiency payment to an entity that no longer produces ethanol on a commercial scale 
36.1 	at the location for which the entity qualified for producer payments, or to an assignee of 
36.2 	the entity.
36.3 	(i) The commissioner may make direct payments to producers of rural economic 
36.4 	infrastructure with any amount of the annual appropriation for ethanol producer payments 
36.5 	and rural economic infrastructure that is in excess of the amount required to make 
36.6 	scheduled ethanol producer payments and deficiency payments under paragraphs (a) to (h).

36.7 	Sec. 56. Minnesota Statutes 2008, section 41B.039, subdivision 2, is amended to read:
36.8 		Subd. 2.State participation. The state may participate in a new real estate loan 
36.9 	with an eligible lender to a beginning farmer to the extent of 45 percent of the principal 
36.10 	amount of the loan or $200,000 $300,000, whichever is less. The interest rates and 
36.11 	repayment terms of the authority's participation interest may be different than the interest 
36.12 	rates and repayment terms of the lender's retained portion of the loan.

36.13 	Sec. 57. Minnesota Statutes 2008, section 41B.04, subdivision 8, is amended to read:
36.14 		Subd. 8.State's State participation. With respect to loans that are eligible for 
36.15 	restructuring under sections 41B.01 to 41B.23 and upon acceptance by the authority, 
36.16 	the authority shall enter into a participation agreement or other financial arrangement 
36.17 	whereby it shall participate in a restructured loan to the extent of 45 percent of the primary 
36.18 	principal or $225,000 $400,000, whichever is less. The authority's portion of the loan 
36.19 	must be protected during the authority's participation by the first mortgage held by the 
36.20 	eligible lender to the extent of its participation in the loan.  

36.21 	Sec. 58. Minnesota Statutes 2008, section 41B.042, subdivision 4, is amended to read:
36.22 		Subd. 4.Participation limit; interest. The authority may participate in new 
36.23 	seller-sponsored loans to the extent of 45 percent of the principal amount of the loan or 
36.24 	$200,000 $300,000, whichever is less. The interest rates and repayment terms of the 
36.25 	authority's participation interest may be different than the interest rates and repayment 
36.26 	terms of the seller's retained portion of the loan.

36.27 	Sec. 59. Minnesota Statutes 2008, section 41B.043, subdivision 1b, is amended to read:
36.28 		Subd. 1b.Loan participation. The authority may participate in an agricultural 
36.29 	improvement loan with an eligible lender to a farmer who meets the requirements of 
36.30 	section 41B.03, subdivision 1, clauses (1) and (2), and who is actively engaged in farming. 
36.31 	Participation is limited to 45 percent of the principal amount of the loan or $200,000
36.32 	$300,000, whichever is less. The interest rates and repayment terms of the authority's 
37.1 	participation interest may be different than the interest rates and repayment terms of 
37.2 	the lender's retained portion of the loan.  

37.3 	Sec. 60. Minnesota Statutes 2008, section 41B.045, subdivision 2, is amended to read:
37.4 		Subd. 2.Loan participation. The authority may participate in a livestock 
37.5 	expansion loan with an eligible lender to a livestock farmer who meets the requirements 
37.6 	of section 41B.03, subdivision 1, clauses (1) and (2), and who are actively engaged in 
37.7 	a livestock operation. A prospective borrower must have a total net worth, including 
37.8 	assets and liabilities of the borrower's spouse and dependents, of less than $660,000 in 
37.9 	2004 and an amount in subsequent years which is adjusted for inflation by multiplying 
37.10 	that amount by the cumulative inflation rate as determined by the United States All-Items 
37.11 	Consumer Price Index.  
37.12 	Participation is limited to 45 percent of the principal amount of the loan or $275,000
37.13 	$400,000, whichever is less. The interest rates and repayment terms of the authority's 
37.14 	participation interest may be different from the interest rates and repayment terms of 
37.15 	the lender's retained portion of the loan.

37.16 	Sec. 61. Minnesota Statutes 2008, section 583.215, is amended to read:
37.17 	583.215 EXPIRATION.
37.18 	(a) Sections 336.9-601, subsections (h) and (i); 550.365; 559.209; 582.039; and 
37.19 	583.20 to 583.32, expire June 30, 2009 2013.
37.20 	(b) Laws 1986, chapter 398, article 1, section 18, as amended, is repealed.

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

37.22 	Sec. 62. Laws 2008, chapter 274, section 5, is amended to read:
37.23 	Sec. 5. BOVINE TUBERCULOSIS CONTROL ASSESSMENT; 
37.24 	TEMPORARY ASSESSMENT; APPROPRIATION.
 37.25 	(a) From January 1, 2009, to December 31, 2009, a person who purchases a beef 
37.26 	cow, heifer, or steer in cattle that were raised or fed within this state shall collect a 
37.27 	bovine tuberculosis control assessment of $1 per head from the seller and shall submit 
37.28 	all assessments collected to the commissioner of agriculture at least once every 30 days. 
37.29 	If cattle that were raised or fed within this state are sold outside of the state and the 
37.30 	assessment is not collected by the purchaser, the seller is responsible for submitting the 
37.31 	assessment to the commissioner. For the purposes of this section, "a person who purchases 
37.32 	a beef cow, heifer, or steer in cattle that were raised or fed within this state" includes the 
38.1 	first purchaser, as defined in Minnesota Statutes, section 17.53, subdivision 8, paragraph 
38.2 	(a), and any subsequent purchaser of the living animal.
38.3 	(b) Money collected under this section shall be deposited in an account in the special 
38.4 	revenue fund and is appropriated to the Board of Animal Health for bovine tuberculosis 
38.5 	control activities.
38.6 	(c) Notwithstanding paragraph (a), a person may not collect a bovine tuberculosis 
38.7 	control assessment from a person whose cattle operation is located within a modified 
38.8 	accredited zone established under Minnesota Statutes, section 35.244, unless the cattle 
38.9 	owner voluntarily pays the assessment. The commissioner of agriculture shall publish and 
38.10 	make available a list of cattle producers exempt under this paragraph.
38.11 	(d) This section may be enforced under Minnesota Statutes, sections 17.982 to 
38.12 	17.984.

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

38.15 	Sec. 63. DEADLINE FOR APPOINTMENTS.
 38.16 	The commissioner shall complete the appointments required under Minnesota 
38.17 	Statutes, section 31.97, by September 1, 2009. The commissioner or the commissioner's 
38.18 	designee shall convene the first meeting of the Feeding Minnesota Task Force no later 
38.19 	than October 1, 2009.

38.20 	Sec. 64. DEADLINE FOR APPOINTMENTS.
 38.21 	The commissioner shall complete the appointments required under Minnesota 
38.22 	Statutes, section 18.91 by September 1, 2009. The commissioner or the commissioner's 
38.23 	designee shall convene the first meeting of the committee no later than October 1, 2009.

38.24 	Sec. 65.  REPEALER.
 38.25 	Minnesota Statutes 2008, sections 17.49, subdivision 3; 38.02, subdivisions 3 and 4; 
38.26 	41.51; 41.52; 41.53; 41.55; 41.56; 41.57; 41.58, subdivisions 1 and 2; 41.59, subdivision 
38.27 	1; 41.60; 41.61, subdivision 1; 41.62; 41.63; 41.65; and 84.02, are repealed.

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

38.29 	ARTICLE 2
38.30 	RURAL FINANCE AUTHORITY BONDS

38.31 	Section 1. RURAL FINANCE AUTHORITY.
 39.1 		Subdivision 1.Appropriation. $35,000,000 is appropriated from the bond proceeds 
39.2 	fund for the purposes set forth in the Minnesota Constitution, article XI, section 5, clause 
39.3 	(h), to the Rural Finance Authority to purchase participation interests in or to make direct 
39.4 	agricultural loans to farmers under Minnesota Statutes, chapter 41B. This appropriation is 
39.5 	for the beginning farmer program under Minnesota Statutes, section 41B.039; the loan 
39.6 	restructuring program under Minnesota Statutes, section 41B.04; the seller-sponsored 
39.7 	program under Minnesota Statutes, section 41B.042; the agricultural improvement loan 
39.8 	program under Minnesota Statutes, section 41B.043; and the livestock expansion loan 
39.9 	program under Minnesota Statutes, section 41B.045. All debt service on bond proceeds 
39.10 	used to finance this appropriation must be repaid by the Rural Finance Authority under 
39.11 	Minnesota Statutes, section 16A.643. Loan participations must be priced to provide full 
39.12 	interest and principal coverage and a reserve for potential losses. Priority for loans must be 
39.13 	given first to basic beginning farmers loans; second, to seller-sponsored loans; and third, 
39.14 	to agricultural improvement loans. The authority may use a portion of this appropriation 
39.15 	to pay bond sales expenses under Minnesota Statutes, section 16A.641, subdivision 8.
39.16 		Subd. 2.Bond sale. To provide the money appropriated in this section from the 
39.17 	bond proceeds fund, the commissioner of finance shall sell and issue bonds of the state in 
39.18 	an amount up to $35,000,000 in the manner, upon the terms, and with the effect prescribed 
39.19 	by Minnesota Statutes, sections 16A.631 to 16A.675, and by the Minnesota Constitution, 
39.20 	article XI, sections 4 to 7.

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

39.22 	ARTICLE 3
39.23 	VETERANS AFFAIRS

39.24	Section 1. VETERANS AFFAIRS.
 	
39.25 	The sums shown in the columns marked "Appropriations" are appropriated to the 
39.26 	agencies and for the purposes specified in this article. The appropriations are from the 
39.27 	general fund and are available for the fiscal years indicated for each purpose. The figures 
39.28 	"2010" and "2011" used in this article mean that the appropriations listed under them are 
39.29 	available for the fiscal year ending June 30, 2010, or June 30, 2011, respectively. "The 
39.30 	first year" is fiscal year 2010. "The second year" is fiscal year 2011. "The biennium" is 
39.31 	fiscal years 2010 and 2011.

39.32				APPROPRIATIONS
	
39.33				Available for the Year
	
39.34				Ending June 30
	
39.35					2010
		2011

40.1	Sec. 2. VETERANS AFFAIRS
 	$
	14,152,000
	$
	14,152,000
	
40.2 	$250,000 each year is for a grant to the 
40.3 	Minnesota Assistance Council for Veterans. 
40.4 	This appropriation is in addition to the 
40.5 	existing agency base appropriation and must 
40.6 	be added to the agency appropriation base 
40.7 	for fiscal years 2012 and later.
40.8 	$100,000 each year is for the costs of 
40.9 	administering the Minnesota GI Bill program 
40.10 	under Minnesota Statutes, section 197.791.

40.11 	Sec. 3. [168.1253] GOLD STAR LICENSE PLATE.
40.12 		Subdivision 1.Definitions. (a) The terms used in this section have the meanings 
40.13 	given them in this subdivision.
40.14 	(b) "Active service" has the meaning given in section 190.05, subdivision 5.
40.15 	(c) "Eligible person" means a surviving spouse or parent of a person who has died 
40.16 	while serving honorably in active service.
40.17 	(d) "Motor vehicle" means a vehicle for personal use, not used for commercial 
40.18 	purposes, and may include a passenger automobile, motorcycle, recreational vehicle, 
40.19 	pickup truck, or van.
40.20 		Subd. 2.Issuance; eligibility.  Beginning October 1, 2009, the commissioner shall 
40.21 	issue special plates bearing the inscription "GOLD STAR" to an applicant who:
40.22 	(1) is an owner or joint owner of a motor vehicle;
40.23 	(2) is an eligible person; and
40.24 	(3) complies with all laws relating to the registration and licensing of motor vehicles 
40.25 	and drivers.
40.26 		Subd. 3.Design. The special plates issued under this section must be of a design 
40.27 	and size determined by the commissioner, in consultation with the commissioner of 
40.28 	veterans affairs. The commissioner may design the plates in accordance with section 
40.29 	168.1291, subdivision 2.
40.30 		Subd. 4.Transfer. On payment of a fee of $5 and notification to the commissioner, 
40.31 	special plates issued under this section may be transferred to another motor vehicle owned 
40.32 	or jointly owned by the eligible person.
40.33 		Subd. 5.Costs of production. The commissioner of finance may transfer money 
40.34 	in the "Support Our Troops" account under section 190.19, subdivision 2a, to the driver 
41.1 	and vehicle services account under section 299A.705, subdivision 1, to pay for the cost 
41.2 	of production of the license plates authorized under this section. The commissioner of 
41.3 	veterans affairs and the commissioner of public safety must agree on a payment schedule 
41.4 	before any money may be transferred under this subdivision.

41.5 	Sec. 4. Minnesota Statutes 2008, section 190.19, subdivision 2a, is amended to read:
41.6 		Subd. 2a.Uses; veterans. Money appropriated to the Department of Veterans 
41.7 	Affairs from the Minnesota "Support Our Troops" account may be used for:
41.8 	(1) grants to veterans service organizations; and
41.9 	(2) outreach to underserved veterans; and
41.10 	(3) transfers to the vehicle services account for gold star license plates under section 
41.11 	168.1253.

41.12 	Sec. 5. Minnesota Statutes 2008, section 197.585, subdivision 5, is amended to read:
41.13 		Subd. 5.Expiration. This section expires at the end of the first fiscal year in which 
41.14 	the number of veterans enrolled in Minnesota public institutions of higher education is 
41.15 	fewer than 4,000, but no later than June 30, 2011 2013.

41.16 	Sec. 6. Minnesota Statutes 2008, section 197.791, subdivision 6, is amended to read:
41.17 		Subd. 6.Insufficient Appropriation. If The amount appropriated is determined by 
41.18 	the commissioner to be insufficient necessary to pay the benefit amounts in subdivision 
41.19 	5, is appropriated from the general fund to the commissioner must reduce the amounts 
41.20 	specified in subdivision 5, paragraph (c), clauses (1) and (2). During any fiscal year 
41.21 	beginning on or after July 1, 2013, the amount paid under this subdivision must not 
41.22 	exceed $6,000,000.

41.23 	ARTICLE 4
41.24 	MILITARY AFFAIRS

41.25	Section 1. MILITARY APPROPRIATIONS.
 	
41.26 	The sums shown in the columns marked "Appropriations" are appropriated to the 
41.27 	agencies and for the purposes specified in this article. The appropriations are from the 
41.28 	general fund and are available for the fiscal years indicated for each purpose. The figures 
41.29 	"2010" and "2011" used in this article mean that the appropriations listed under them are 
41.30 	available for the fiscal year ending June 30, 2010, or June 30, 2011, respectively. "The 
41.31 	first year" is fiscal year 2010. "The second year" is fiscal year 2011. "The biennium" is 
41.32 	fiscal years 2010 and 2011.

42.1				APPROPRIATIONS
	
42.2				Available for the Year
	
42.3				Ending June 30
	
42.4					2010
		2011

42.5	Sec. 2. MILITARY AFFAIRS

42.6	Subdivision 1.Total Appropriation
 	$
	20,894,000
	$
	19,374,000
	
42.7 	The amounts that may be spent for each 
42.8 	purpose are specified in the following 
42.9 	subdivisions.

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

42.11	Subd. 3.General Support
 		2,386,000
		2,366,000
	
42.12 	$20,000 is for a grant to a nonprofit 
42.13 	organization supporting the morale 
42.14 	of deployed service personnel. This 
42.15 	appropriation is available until June 30, 
42.16 	2011, to the extent it is matched by nonstate 
42.17 	money. This is a onetime appropriation.

42.18	Subd. 4.Enlistment Incentives
 		11,848,000
		10,348,000
	
42.19 	$1,500,000 the first year is for additional 
42.20 	costs of enlistment incentives. This is a 
42.21 	onetime appropriation.
42.22 	If appropriations for either year of the 
42.23 	biennium are insufficient, the appropriation 
42.24 	from the other year is available. The 
42.25 	appropriations for enlistment incentives are 
42.26 	available until expended.