1.1 	A bill for an act
1.2 	relating to agriculture; changing certain programs, requirements, fees, and 
1.3 	duties; appropriating money;amending Minnesota Statutes 2010, sections 
1.4 	18B.03, subdivision 1, as amended; 18B.065, by adding a subdivision; 18B.316, 
1.5 	subdivision 6; 18G.07, subdivision 1; 18G.10, subdivisions 5, 7, by adding a 
1.6 	subdivision; 18H.07, subdivisions 2, 3; 18H.10; 18H.14; 21.82, subdivisions 
1.7 	7, 8; 35.0661, subdivisions 2, 3; 41A.105, by adding a subdivision; 41A.12, 
1.8 	subdivisions 2, 4; 115.03, by adding a subdivision; 116.07, subdivision 7d; 
1.9 	223.17, subdivision 6; 232.22, subdivisions 3, 4, 5; 232.23, subdivision 10; 
1.10 	232.24, subdivisions 1, 2; 236.02, subdivision 5, by adding a subdivision; 
1.11 	Laws 2011, chapter 14, section 6; proposing coding for new law as Minnesota 
1.12 	Statutes, chapter 32C; repealing Minnesota Statutes 2010, sections 17B.01; 
1.13 	17B.02; 17B.03; 17B.04; 17B.041; 17B.0451; 17B.048; 17B.05; 17B.06; 
1.14 	17B.07; 17B.10; 17B.11; 17B.12; 17B.13; 17B.14; 17B.15, subdivisions 1, 3; 
1.15 	17B.16; 17B.17; 17B.18; 17B.20; 17B.22, subdivisions 1, 2; 17B.28; 17B.29; 
1.16 	232.24, subdivision 3; 395.14; 395.15; 395.16; 395.17; 395.18; 395.19; 395.20; 
1.17 	395.21; 395.22; 395.23; 395.24; Minnesota Rules, parts 1505.0780; 1505.0810; 
1.18 	1562.0100, subparts 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 
1.19 	21, 22, 23, 24, 25; 1562.0200; 1562.0700, subparts 1b, 3; 1562.0900; 1562.1300.
1.20 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.21 	Section 1. Minnesota Statutes 2010, section 18B.03, subdivision 1, as amended by 
1.22 	Laws 2011, chapter 14, section 7, is amended to read:
1.23 		Subdivision 1.Administration by commissioner. The commissioner shall 
1.24 	administer, implement, and enforce this chapter and the Department of Agriculture 
1.25 	is the lead state agency for the regulation of pesticides. The commissioner has the 
1.26 	sole regulatory authority over the terrestrial application of pesticides, including, but 
1.27 	not limited to, the application of pesticides to agricultural crops, structures, and other 
1.28 	nonaquatic environments. Except as provided in subdivision 3, a state agency other than 
1.29 	the Department of Agriculture shall not regulate or require permits for the terrestrial or 
1.30 	nonaquatic application of pesticides.

2.1 	Sec. 2. Minnesota Statutes 2010, section 18B.065, is amended by adding a subdivision 
2.2 	to read:
2.3 		Subd. 10.Indemnification. (a) A local unit of government, when operating or 
2.4 	participating in a waste pesticide collection program pursuant to a cooperative agreement 
2.5 	with the commissioner under this section, is an employee of the state, certified to be 
2.6 	acting within the scope of employment, for purposes of the indemnification provisions of 
2.7 	section 3.736, subdivision 9, for claims that arise out of the transportation, management, 
2.8 	or disposal of any waste pesticide covered by the agreement:
2.9 	(1) from and after the time the waste permanently leaves the local unit of 
2.10 	government's possession and comes into the possession of the state's authorized 
2.11 	transporter; and
2.12 	(2) during the time the waste is transported between the local unit of government 
2.13 	facilities by the state's authorized transporter.
2.14 	(b) The state is not obligated to defend or indemnify a local unit of government under 
2.15 	this subdivision to the extent of the local unit of government's liability insurance. The 
2.16 	local unit of government's right to indemnify is not a waiver of the limitation, defenses, 
2.17 	and immunities available to either the local unit of government or the state by law.

2.18 	Sec. 3. Minnesota Statutes 2010, section 18B.316, subdivision 6, is amended to read:
2.19 		Subd. 6.Agricultural pesticide sales invoices. (a) Sales invoices for agricultural 
2.20 	pesticides sold in or into this state by a licensed agricultural pesticide dealer or a pesticide 
2.21 	dealer under this section must show the percent of gross sales fee rate assessed and the 
2.22 	gross sales fee paid under section 18B.26, subdivision 3, paragraph (c).
2.23 	(b) A licensed agricultural pesticide dealer or a pesticide dealer may request an 
2.24 	exemption from paragraph (a). The request for exemption must be in writing to the 
2.25 	commissioner and must include verifiable information to justify that compliance with 
2.26 	paragraph (a) is an extreme business hardship for the licensed agricultural pesticide dealer 
2.27 	or pesticide dealer. The commissioner may approve or reject a request for exemption 
2.28 	based upon review of the submitted information. An approved exemption under this 
2.29 	paragraph is valid for one calendar year. The commissioner must maintain a list of those 
2.30 	licensed agricultural pesticide dealers or pesticide dealers that have been granted an 
2.31 	exemption on the department's Web site.
2.32 	(c) A licensed agricultural pesticide dealer or a pesticide dealer issued an exemption 
2.33 	under paragraph (b) must include the following statement on each sales invoice for any 
2.34 	sale of an agricultural pesticide: "Minnesota Department of Agriculture Annual Gross 
2.35 	Sales Fees of 0.55% have been Assessed and Paid on the Sale of an Agricultural Pesticide."
3.1 	(d) Only the person who actually will pay the gross sales fee may show the rate or 
3.2 	the amount of the fee as a line item on the sales invoice.

3.3 	Sec. 4. Minnesota Statutes 2010, section 18G.07, subdivision 1, is amended to read:
3.4 		Subdivision 1.Creation of registry. (a) The commissioner shall maintain a list of 
3.5 	all persons, businesses, and companies that employ persons who provide tree care or tree 
3.6 	trimming services in Minnesota. All commercial tree care providers, tree trimmers, and 
3.7 	persons whoemployers that direct employees to remove trees, limbs, branches, brush, or 
3.8 	shrubs for hire must be registered by with the commissioner.
3.9 	(b) Persons or companies who are required to be registered under paragraph (a) must 
3.10 	register annually by providing the following to the commissioner:
3.11 	(1) accurate and up-to-date business name, address, and telephone number;
3.12 	(2) a complete list of all Minnesota counties in which they work; and
3.13 	(3) a nonrefundable fee of $25 for initial application or renewing the registration.
3.14 	(c) All persons and companies required to be registered under paragraph (a) must 
3.15 	register before conducting the activities specified in paragraph (a). Annual registration 
3.16 	expires December 31, must be renewed annually, and the renewal fee remitted by January 
3.17 	7 1 of the year for which it is issued. In addition, a penalty of ten percent of the renewal fee 
3.18 	due must be charged for each month, or portion of a month, that the fee is delinquent up to 
3.19 	a maximum of 30 percent for any application for renewal postmarked after December 31.

3.20 	Sec. 5. Minnesota Statutes 2010, section 18G.10, subdivision 5, is amended to read:
3.21 		Subd. 5.Certificate fees. (a) The commissioner shall assess the fees in paragraphs 
3.22 	(b) to (f) for the inspection, service, and work performed in carrying out the issuance of 
3.23 	a phytosanitary certificate or export certificate. The inspection fee must be based on 
3.24 	mileage and inspection time.
3.25 	(b) Mileage charge: current United States Internal Revenue Service mileage rate.
3.26 	(c) Inspection time: $50 per hour minimum or fee necessary to cover department 
3.27 	costs. Inspection time includes the driving time to and from the location in addition to 
3.28 	the time spent conducting the inspection.
3.29 	(d) If laboratory analysis or other technical analysis is required to issue a certificate, 
3.30 	the commissioner must set and collect the fee to recover this additional cost.
3.31 	(e) Certificate fee for product value greater than $250: $75 minimum or fee 
3.32 	necessary to cover department costs, including research and processing costs, for each 
3.33 	phytosanitary or export certificate issued for any single shipment valued at more than $250 
3.34 	in addition to any mileage or inspection time charges that are assessed.
4.1 	(f) Certificate fee for product value less than $250: $25 minimum or fee necessary to 
4.2 	cover department costs, including research and processing costs, for each phytosanitary or 
4.3 	export certificate issued for any single shipment valued at less than $250 in addition to 
4.4 	any mileage or inspection time charges that are assessed.
4.5 	(g) For services provided for in subdivision 7 that are goods and services provided 
4.6 	for the direct and primary use of a private individual, business, or other entity, the 
4.7 	commissioner must set and collect the fees to cover the cost of the services provided.

4.8 	Sec. 6. Minnesota Statutes 2010, section 18G.10, subdivision 7, is amended to read:
4.9 		Subd. 7.Supplemental, additional, or other certificates and permits. (a) The 
4.10 	commissioner may provide inspection, sampling, or certification services to ensure 
4.11 	that Minnesota plant treatment processes, plant products, or commodities meet import 
4.12 	requirements of other states or countries.
4.13 	(b) The state plant regulatory official may issue permits and certificates verifying that 
4.14 	various Minnesota agricultural plant treatment processes, products, or commodities meet 
4.15 	specified plant health requirements, treatment requirements, or pest absence assurances 
4.16 	based on determinations by the commissioner.

4.17 	Sec. 7. Minnesota Statutes 2010, section 18G.10, is amended by adding a subdivision 
4.18 	to read:
4.19 		Subd. 8.Misuse of a certificate or permit. Certificates, permits, and official letters 
4.20 	issued to support certification or permit processes are not transferable to another location 
4.21 	or another person.

4.22 	Sec. 8. Minnesota Statutes 2010, section 18H.07, subdivision 2, is amended to read:
4.23 		Subd. 2.Nursery stock grower certificate. (a) A nursery stock grower must 
4.24 	pay an annual fee based on the area of all acreage on which nursery stock is grown for 
4.25 	certification as follows:
4.26 	(1) less than one-half acre, $150;
4.27 	(2) from one-half acre to two acres, $200;
4.28 	(3) over two acres up to five acres, $300;
4.29 	(4) over five acres up to ten acres, $350;
4.30 	(5) over ten acres up to 20 acres, $500;
4.31 	(6) over 20 acres up to 40 acres, $650;
4.32 	(7) over 40 acres up to 50 acres, $800;
4.33 	(8) over 50 acres up to 200 acres, $1,100;
5.1 	(9) over 200 acres up to 500 acres, $1,500; and
5.2 	(10) over 500 acres, $1,500 plus $2 for each additional acre.
5.3 	(b) In addition to the fees in paragraph (a), a penalty of ten percent of the fee due 
5.4 	must be charged for each month, or portion thereof, that the fee is delinquent up to a 
5.5 	maximum of 30 percent for any application for renewal not postmarked by December 31 
5.6 	of the current year.
5.7 	Beginning April 1, a firm found operating without a nursery stock growers certificate 
5.8 	must pay the required nursery stock growers certificate fee.

5.9 	Sec. 9. Minnesota Statutes 2010, section 18H.07, subdivision 3, is amended to read:
5.10 		Subd. 3.Nursery stock dealer certificate. (a) A nursery stock dealer must pay an 
5.11 	annual fee based on the dealer's gross sales of certified nursery stock per location during 
5.12 	the most recent certificate year. A certificate applicant operating for the first time must pay 
5.13 	the minimum fee. The fees per sales location are:
5.14 	(1) gross sales up to $5,000, $150;
5.15 	(2) gross sales over $5,000 up to $20,000, $175;
5.16 	(3) gross sales over $20,000 up to $50,000, $300;
5.17 	(4) gross sales over $50,000 up to $75,000, $425;
5.18 	(5) gross sales over $75,000 up to $100,000, $550;
5.19 	(6) gross sales over $100,000 up to $200,000, $675; and
5.20 	(7) gross sales over $200,000, $800.
5.21 	(b) In addition to the fees in paragraph (a), a penalty of ten percent of the fee due 
5.22 	must be charged for each month, or portion thereof, that the fee is delinquent up to a 
5.23 	maximum of 30 percent for any application for renewal not postmarked by December 31 
5.24 	of the current year.
5.25 	Beginning April 1, a firm found operating without a nursery stock dealer certificate 
5.26 	must pay the required nursery stock dealer certificate fee.

5.27 	Sec. 10. Minnesota Statutes 2010, section 18H.10, is amended to read:
5.28 	18H.10 STORAGE OF NURSERY STOCK.
5.29 	(a) All nursery stock must be kept and displayed under conditions of temperature, 
5.30 	light, and moisture sufficient to maintain the viability and vigor of the nursery stock.
5.31 	(b) Packaged dormant nursery stock must be stored under conditions that retard 
5.32 	growth, prevent etiolated growth, and protect its viability.
5.33 	(c) Balled and burlapped nursery stock being held for sale to the public must be kept 
5.34 	in a moisture-holding material approved by the commissioner and not toxic to plants. 
6.1 	The moisture-holding material must adequately cover and protect the ball of earth and 
6.2 	must be kept moist at all times.

6.3 	Sec. 11. Minnesota Statutes 2010, section 18H.14, is amended to read:
6.4 	18H.14 LABELING AND ADVERTISING OF NURSERY STOCK.
6.5 	(a) Plants, plant materials, or nursery stock must not be labeled or advertised with 
6.6 	false or misleading information including, but not limited to, scientific name, variety, 
6.7 	place of origin, hardiness zone as defined by the United States Department of Agriculture, 
6.8 	and growth habit.
6.9 	(b) A person may not offer for distribution plants, plant materials, or nursery stock, 
6.10 	represented by some specific or special form of notation, including, but not limited to, 
6.11 	"free from" or "grown free of," unless the plants are produced under a specific program 
6.12 	approved by the commissioner to address the specific plant properties addressed in the 
6.13 	special notation claim.
6.14 	(c) Nursery stock collected from the wild state must be inspected and certified 
6.15 	prior to sale and at the time of sale must be labeled "Collected from the Wild." The label 
6.16 	must remain on each plant or clump of plants while it is offered for sale and during the 
6.17 	distribution process. The collected stock may be grown in nursery rows at least two years, 
6.18 	after which the plants may be sold without the labeling required by this paragraph.

6.19 	Sec. 12. Minnesota Statutes 2010, section 21.82, subdivision 7, is amended to read:
6.20 		Subd. 7.Vegetable seeds. For vegetable seeds prepared for use in home gardens 
6.21 	or household plantings the requirements in paragraphs (a) to (p) apply. Vegetable seeds 
6.22 	packed for sale in commercial quantities to farmers, conservation groups, and other similar 
6.23 	entities are considered agricultural seeds and must be labeled accordingly.
6.24 	(a) The label must contain the name of the kind or kind and variety for each seed 
6.25 	component in excess of five percent of the whole and the percentage by weight of each 
6.26 	in order of its predominance. If the variety of those kinds generally labeled as to variety 
6.27 	is not stated and it is not required to be stated, the label must show the name of the kind 
6.28 	and the words "variety not stated."
6.29 	(b) The percentage that is hybrid must be at least 95 percent of the percentage of pure 
6.30 	seed shown unless the percentage of pure seed which is hybrid seed is shown separately. 
6.31 	If two or more kinds of varieties are present in excess of five percent and are named on 
6.32 	the label, each that is hybrid must be designated as hybrid on the label. Any one kind or 
6.33 	kind and variety that has pure seed that is less than 95 percent but more than 75 percent 
6.34 	hybrid seed as a result of incompletely controlled pollination in a cross must be labeled 
7.1 	to show the percentage of pure seed that is hybrid seed or a statement such as "contains 
7.2 	from 75 percent to 95 percent hybrid seed." No one kind or variety of seed may be labeled 
7.3 	as hybrid if the pure seed contains less than 75 percent hybrid seed. The word "hybrid" 
7.4 	must be shown on the label in conjunction with the kind.
7.5 	(c) Blends must be listed on the label using the term "blend" in conjunction with 
7.6 	the kind.
7.7 	(d) Mixtures shall be listed on the label using the term "mixture," "mix," or "mixed."
7.8 	(e) The label must show a lot number or other lot identification.
7.9 	(f) The origin may be omitted from the label.
7.10 	(g) The label must show the year for which the seed was packed for sale listed as 
7.11 	"packed for (year)" for seed with a percentage of germination that exceeds the standard last 
7.12 	established by the commissioner, the percentage of germination and the calendar month 
7.13 	and year that the percentages were determined by test, or the calendar month and year the 
7.14 	germination test was completed and the statement "sell by (month and year listed here)," 
7.15 	which may be no more than 12 months from the date of test, exclusive of the month of test.
7.16 	(h) For vegetable seeds which germinate less than the standard last established by 
7.17 	the commissioner, the label must show:
7.18 	(1) a percentage of germination, exclusive of hard or dormant seed or both;
7.19 	(2) a percentage of hard or dormant seed or both, if present; and
7.20 	(3) the words "below standard" in not less than eight point type and the month and 
7.21 	year the percentages were determined by test.
7.22 	(i) The net weight of the contents or a statement indicating the number of seeds in 
7.23 	the container or both, must appear on either the container or the label, except that for 
7.24 	containers with contents of 200 seeds or less a statement indicating the number of seeds in 
7.25 	the container may be listed along with or in lieu of the net weight of contents.
7.26 	(j) The heading for and percentage by weight of pure seed may be omitted from a 
7.27 	label if the total is more than 90 percent.
7.28 	(k) The heading for and percentage by weight of weed seed may be omitted from a 
7.29 	label if they are not present in the seed.
7.30 	(l) The heading "noxious weed seeds" may be omitted from a label if they are not 
7.31 	present in the seed.
7.32 	(m) The heading for and percentage by weight of other crop seed may be omitted 
7.33 	from a label if it is less than five percent.
7.34 	(n) The heading for and percentage by weight of inert matter may be omitted from a 
7.35 	label if it is less than ten percent.
8.1 	(o) The label must contain the name and address of the person who labeled the 
8.2 	seed or who sells the seed in this state or a code number that has been registered with 
8.3 	the commissioner.
8.4 	(p) The labeling requirements for vegetable seeds prepared for use in home gardens 
8.5 	or household plantings when sold outside their original containers are met if the seed is 
8.6 	weighed from a properly labeled container in the presence of the purchaser.

8.7 	Sec. 13. Minnesota Statutes 2010, section 21.82, subdivision 8, is amended to read:
8.8 		Subd. 8.Flower seeds. For flower and wildflower seeds prepared for use in home 
8.9 	gardens or household plantings, the requirements in paragraphs (a) to (l) apply. Flower 
8.10 	and wildflower seeds packed for sale in commercial quantities to farmers, conservation 
8.11 	groups, and other similar entities are considered agricultural seeds and must be labeled 
8.12 	accordingly.
8.13 	(a) The label must contain the name of the kind and variety or a statement of type 
8.14 	and performance characteristics as prescribed by rule.
8.15 	(b) The percentage that is hybrid must be at least 95 percent of the percentage of pure 
8.16 	seed shown unless the percentage of pure seed which is hybrid seed is shown separately. 
8.17 	If two or more kinds of varieties are present in excess of five percent and are named on 
8.18 	the label, each that is hybrid must be designated as hybrid on the label. Any one kind or 
8.19 	kind and variety that has pure seed that is less than 95 percent but more than 75 percent 
8.20 	hybrid seed as a result of incompletely controlled pollination in a cross must be labeled 
8.21 	to show the percentage of pure seed that is hybrid seed or a statement such as "contains 
8.22 	from 75 percent to 95 percent hybrid seed." No one kind or variety of seed may be labeled 
8.23 	as hybrid if the pure seed contains less than 75 percent hybrid seed. The word "hybrid" 
8.24 	must be shown on the label in conjunction with the kind.
8.25 	(c) Blends must be listed on the label using the term "blend" in conjunction with 
8.26 	the kind.
8.27 	(d) Mixtures must be listed on the label using the term "mixture," "mix," or "mixed."
8.28 	(e) The label must contain the lot number or other lot identification.
8.29 	(f) The origin may be omitted from the label.
8.30 	(g) The label must contain the year for which the seed was packed for sale listed as 
8.31 	"packed for (year)" for seed with a percentage of germination that exceeds the standard last 
8.32 	established by the commissioner, the percentage of germination and the calendar month 
8.33 	and year that the percentages were determined by test, or the calendar month and year the 
8.34 	germination test was completed and the statement "sell by (month and year listed here)," 
8.35 	which may be no more than 12 months from the date of test, exclusive of the month of test.
9.1 	(h) For flower seeds which germinate less than the standard last established by 
9.2 	the commissioner, the label must show:
9.3 	(1) percentage of germination exclusive of hard or dormant seed or both;
9.4 	(2) percentage of hard or dormant seed or both, if present; and
9.5 	(3) the words "below standard" in not less than eight point type and the month and 
9.6 	year this percentage was determined by test.
9.7 	(i) The label must show the net weight of contents or a statement indicating the 
9.8 	number of seeds in the container, or both, on either the container or the label, except that 
9.9 	for containers with contents of 200 seeds or less a statement indicating the number of 
9.10 	seeds in the container may be listed along with or in lieu of the net weight of contents.
9.11 	(j) The heading for and percentage by weight of pure seed may be omitted from a 
9.12 	label if the total is more than 90 percent.
9.13 	(k) The heading for and percentage by weight of weed seed may be omitted from a 
9.14 	label if they are not present in the seed.
9.15 	(l) The heading "noxious weed seeds" may be omitted from a label if they are not 
9.16 	present in the seed.
9.17 	(m) The heading for and percentage by weight of other crop seed may be omitted 
9.18 	from a label if it is less than five percent.
9.19 	(n) The heading for and percentage by weight of inert matter may be omitted from a 
9.20 	label if it is less than ten percent.
9.21 	(o) The label must show the name and address of the person who labeled the seed 
9.22 	or who sells the seed within this state, or a code number which has been registered with 
9.23 	the commissioner.

9.24 	Sec. 14. [32C.01] ORGANIZATION.
9.25 		Subdivision 1.Establishment. The Dairy Research, Teaching, and Consumer 
9.26 	Education Authority is established as a public corporation. The business of the authority 
9.27 	must be conducted under the name "Dairy Research, Teaching, and Consumer Education 
9.28 	Authority."
9.29 		Subd. 2.Board of directors. The authority is governed by a board of nine directors. 
9.30 	The term of a director, except as otherwise provided in this subdivision, is four years. 
9.31 	The commissioner of agriculture is a member of the board. The governor shall appoint 
9.32 	four members of the board. Two of the members appointed by the governor must be 
9.33 	currently engaged in the business of operating a dairy. Two of the members appointed 
9.34 	by the governor must be representatives of Minnesota-based businesses actively engaged 
9.35 	in working with or serving Minnesota's dairy industry. The dean of the University of 
10.1 	Minnesota College of Food, Agriculture and Natural Resource Sciences, or the dean's 
10.2 	designee, is a member of the board. One member of the board must be a representative 
10.3 	of a state trade association that represents the interests of milk producers. One member 
10.4 	of the board must be a representative of the Minnesota Division of the Midwest Dairy 
10.5 	Council. One member of the board must be a member of the agricultural education 
10.6 	faculty of the Minnesota State Colleges and Universities System. The four members of 
10.7 	the initial board of directors who are appointed by the governor must be appointed for 
10.8 	terms of four years, and the other four members must be appointed for an initial term of 
10.9 	two years. Vacancies for the governor's appointed positions on the board must be filled by 
10.10 	appointment of the governor. Vacancies for other positions on the board must be filled 
10.11 	by the named represented entities. Board members must not be compensated for their 
10.12 	services other than to be reimbursed for reasonable expenses incurred in connection with 
10.13 	their duties as board members. This reimbursement must be reviewed annually by the 
10.14 	commissioner of management and budget.
10.15 		Subd. 3.Bylaws. The board must adopt bylaws necessary for the conduct of the 
10.16 	business of the authority, consistent with this chapter.
10.17 		Subd. 4.Place of business. The board must locate and maintain the authority's 
10.18 	place of business within the state.
10.19 		Subd. 5.Chair. The board must annually elect from among its members a chair and 
10.20 	other officers necessary for the performance of its duties.
10.21 		Subd. 6.Meetings. The board must meet at least four times each year and may hold 
10.22 	additional meetings upon giving notice in accordance with the bylaws of the authority. 
10.23 	Board meetings are subject to chapter 13D.
10.24 		Subd. 7.Conflict of interest. A director, employee, or officer of the authority may 
10.25 	not participate in or vote on a decision of the board relating to an organization in which 
10.26 	the director has either a direct or indirect financial interest.
10.27 		Subd. 8.Economic interest statements. Directors and officers of the authority are 
10.28 	public officials for the purpose of section 10A.09, and must file statements of economic 
10.29 	interest with the Campaign Finance and Public Disclosure Board.

10.30 	Sec. 15. [32C.02] POWERS.
10.31 		Subdivision 1.General corporate powers. (a) The authority has the powers granted 
10.32 	to a business corporation by section 302A.161, subdivisions 3; 4; 5; 7; 8; 9; 11; 12; 13, 
10.33 	except that the authority may not act as a general partner in any partnership; 14; 15; 16; 17; 
10.34 	18; and 22, and the powers necessary or convenient to exercise the enumerated powers.
11.1 	(b) Section 302A.041 applies to this chapter and the authority in the same manner 
11.2 	that it applies to business corporations established under chapter 302A.
11.3 		Subd. 2.Facility design; development and operation. The authority may enter into 
11.4 	management contracts, lease agreements, or both, with a Minnesota nonprofit corporation 
11.5 	to design, develop, and operate a facility to further the purposes of this chapter at the site 
11.6 	determined by the board and on the terms that the board finds desirable. The board must 
11.7 	identify and acquire a site that will accommodate the following facilities and activities:
11.8 	(1) housing for bred and lactating animals;
11.9 	(2) milking parlor;
11.10 	(3) automatic milking systems;
11.11 	(4) cross-ventilated and natural-ventilated housing;
11.12 	(5) transition cow housing;
11.13 	(6) special needs and hospital housing;
11.14 	(7) classrooms and a conference room;
11.15 	(8) dairy processing facility with retail;
11.16 	(9) visitors' center;
11.17 	(10) student housing;
11.18 	(11) laboratory facilities;
11.19 	(12) space to accommodate installation of an anaerobic digester system to research 
11.20 	energy production from feedstock produced on-site or from off-site sources; and
11.21 	(13) space for feed storage to allow for research capabilities at the facility.
11.22 	Notwithstanding the provisions of section 32C.01, subdivision 7, relating to conflict 
11.23 	of interest, a director or officer of the authority who is also a director, officer, or member 
11.24 	of a nonprofit corporation with which the authority enters into management contracts or 
11.25 	lease agreements may participate in and vote on the decision of the board as to the terms 
11.26 	and conditions of management contracts or lease agreements between the Minnesota 
11.27 	nonprofit corporation and the authority.
11.28 		Subd. 3.Funds. The authority may accept and use gifts, grants, or contributions 
11.29 	from any source to support operation of the facility. Unless otherwise restricted by the 
11.30 	terms of a gift or bequest, the board may sell, exchange, or otherwise dispose of, and 
11.31 	invest or reinvest the money, securities, or other property given or bequeathed to it. The 
11.32 	principal of these funds, the income from them, and all other revenues received by the 
11.33 	authority from any nonstate source must be placed in depositories chosen by the board 
11.34 	and are subject to expenditure for the board's purposes. Expenditures of $25,000 or more 
11.35 	must be approved by the full board.
12.1 		Subd. 4.Animals; regulation. The authority must comply with all applicable 
12.2 	laws and rules relating to quarantine, transportation, examination, habitation, care, and 
12.3 	treatment of animals.

12.4 	Sec. 16. [32C.03] EMPLOYEES.
12.5 	(a) The board may hire an executive director of the authority and other employees 
12.6 	the board considers necessary to carry out the program, conduct research, and operate and 
12.7 	maintain facilities of the authority.
12.8 	(b) Persons employed by contractors or lessees are not state employees and may 
12.9 	not participate in state retirement, deferred compensation, insurance, or other plans that 
12.10 	apply to state employees generally and are not subject to regulation by the Campaign 
12.11 	Finance and Public Disclosure Board, provided, however, that any employee of the state 
12.12 	or any employee or faculty member of the University of Minnesota or Minnesota State 
12.13 	Colleges and Universities System who teaches or conducts research at the authority does 
12.14 	not have their status as employees of the state, the University of Minnesota, or Minnesota 
12.15 	State Colleges and Universities System interrupted by virtue of having their employment 
12.16 	activity take place at facilities owned by the authority.

12.17 	Sec. 17. [32C.04] ACCOUNTS; AUDITS.
12.18 	The authority may establish funds and accounts that it determines to be reasonable 
12.19 	and necessary to conduct the business of the authority. The board shall provide for and 
12.20 	pay the cost of an independent annual audit of its official books and records by the state 
12.21 	auditor. A copy of this audit must be filed with the secretary of state.

12.22 	Sec. 18. [32C.05] ANNUAL REPORT.
12.23 	The board shall submit a report to the chairs of the senate and house of 
12.24 	representatives agriculture committees and the governor on the activities of the authority 
12.25 	and its contractors and lessees by February 1 of each year. The report must include at 
12.26 	least the following:
12.27 	(1) a description of each of the programs that the authority has provided or 
12.28 	undertaken at some time during the previous year;
12.29 	(2) an identification of the sources of funding in the previous year for the authority's 
12.30 	programs including federal, state, and local government, foundations, gifts, donations, 
12.31 	fees, and all other sources;
12.32 	(3) a description of the administrative expenses of the authority during the previous 
12.33 	year;
13.1 	(4) a listing of the assets and liabilities of the authority at the end of the previous 
13.2 	fiscal year;
13.3 	(5) a description of any changes made to the operational plan during the previous 
13.4 	year; and
13.5 	(6) a description of any newly adopted or significant changes to bylaws, policies, 
13.6 	rules, or programs created or administered by the authority during the previous year.
13.7 	Reports must be made to the legislature as required by section 3.195.

13.8 	Sec. 19. Minnesota Statutes 2010, section 35.0661, subdivision 2, is amended to read:
13.9 		Subd. 2.Quarantine zones. Upon an emergency declaration by the governor 
13.10 	under subdivision 1, the board or any licensed veterinarian designated by the board may 
13.11 	establish quarantine zones of control in any area where a specific animal is deemed by a 
13.12 	licensed veterinarian as likely to be infected with the disease based on an actual veterinary 
13.13 	examination or laboratory testing. Quarantine zones of control to restrict the movement of 
13.14 	livestock must be the smallest size practicable to prevent the spread of disease and must 
13.15 	exist for the shortest duration consistent with effective disease control. A quarantine zone 
13.16 	of control must not extend beyond a radius of three miles from an animal deemed as likely 
13.17 	to be infected with the disease, unless the board has adopted a rule regarding a specific 
13.18 	disease requiring a larger quarantine zone of control.

13.19 	Sec. 20. Minnesota Statutes 2010, section 35.0661, subdivision 3, is amended to read:
13.20 		Subd. 3.Restrictions on movement out of quarantine zones. (a) The board may 
13.21 	issue orders restricting the movement of persons, livestock, machinery, and personal 
13.22 	property out of zones off infected premises designated by the board as quarantined under 
13.23 	subdivision 2. The executive director of the board or any licensed veterinarian designated 
13.24 	by the board may issue the orders. An order may be issued upon a determination that 
13.25 	reasonable cause exists to believe that the movement of persons or personal property out 
13.26 	of a quarantine zone will reasonably threaten to transport a dangerous, infectious, or 
13.27 	communicable disease outside of the quarantine zone.
13.28 	(b) The order must be served upon any person subject to the order. The restrictions 
13.29 	sought by the board on movement out of a quarantine zone must be limited to the greatest 
13.30 	extent possible consistent with the paramount disease control objectives as determined by 
13.31 	the board. An order under this section may be served on any day at any time. The order 
13.32 	must include a notice of the person's rights under this section, including the ability to enter 
13.33 	into an agreement to abide by disease control measures under paragraph (c) and the right 
13.34 	to request a court hearing under paragraph (d).
14.1 	(c) No person may be restricted by an order under this subdivision for longer than 72 
14.2 	hours, exclusive of Saturdays, Sundays, and legal holidays, so long as the person agrees to 
14.3 	abide by the disease control measures established by the board. The person shall sign an 
14.4 	acknowledgment form prepared by the board evidencing the person's agreement to abide 
14.5 	by the disease control measures established by the board.
14.6 	(d) A person whose movements are restricted by an order under this subdivision may 
14.7 	seek a district court hearing on the order at any time after it is served on the person. The 
14.8 	hearing may be held by electronic means as soon as possible. The subject of the order may:
14.9 	(1) contest imposition of the order on grounds that it is an abuse of the board's 
14.10 	discretion under this section; or
14.11 	(2) seek a variance from it to allow movement of a person inconsistent with the 
14.12 	order, upon a showing that the person would otherwise suffer irreparable harm.

14.13 	Sec. 21. Minnesota Statutes 2010, section 41A.105, is amended by adding a 
14.14 	subdivision to read:
14.15 		Subd. 1a.Definitions. For the purpose of this section:
14.16 	(1) "biobutanol facility" means a facility at which biobutanol is produced; and
14.17 	(2) "biobutanol" means fermentation isobutyl alcohol that is derived from 
14.18 	agricultural products, including potatoes, cereal grains, cheese whey, and sugar beets; 
14.19 	forest products; or other renewable resources, including residue and waste generated 
14.20 	from the production, processing, and marketing of agricultural products, forest products, 
14.21 	and other renewable resources.

14.22 	Sec. 22. Minnesota Statutes 2010, section 41A.12, subdivision 2, is amended to read:
14.23 		Subd. 2.Activities authorized. For the purposes of this program, the commissioner 
14.24 	may issue grants, loans, or other forms of financial assistance. Eligible activities include, 
14.25 	but are not limited to, grants to livestock producers under the livestock investment grant 
14.26 	program under section 17.118, bioenergy awards made by the NextGen Energy Board 
14.27 	under section 41A.105, cost-share grants for the installation of biofuel blender pumps, and 
14.28 	financial assistance to support other rural economic infrastructure activities.

14.29 	Sec. 23. Minnesota Statutes 2010, section 41A.12, subdivision 4, is amended to read:
14.30 		Subd. 4.Sunset. This section expires on June 30, 2013 2015.

14.31 	Sec. 24. Minnesota Statutes 2010, section 115.03, is amended by adding a subdivision 
14.32 	to read:
15.1 		Subd. 11.Aquatic application of pesticides. (a) The agency may issue National 
15.2 	Pollutant Discharge Elimination System permits for pesticide applications to waters of the 
15.3 	United States that are required by federal law or rule. The agency shall not require permits 
15.4 	for aquatic pesticide applications beyond what is required by federal law or rule.
15.5 	(b) The agency shall not regulate or require permits for the terrestrial application 
15.6 	of pesticides.

15.7 	Sec. 25. Minnesota Statutes 2010, section 116.07, subdivision 7d, is amended to read:
15.8 		Subd. 7d.Exemption. (a) Notwithstanding subdivision 7 or Minnesota Rules, 
15.9 	chapter 7020, to the contrary, and notwithstanding the proximity to public or private 
15.10 	waters, an owner or resident of agricultural land on which livestock have been allowed to 
15.11 	pasture as defined by Minnesota Rules, chapter 7020, at any time during the ten-year period 
15.12 	beginning January 1, 1990 2010, is permanently exempt from requirements related to 
15.13 	feedlot or manure management on that land for so long as the property remains in pasture.
15.14 	(b) For the purposes of this subdivision, "pasture" means areas where livestock graze 
15.15 	on grass or other growing plants. Pasture also means agricultural land where livestock are 
15.16 	allowed to forage during the winter time and which land is used for cropping purposes 
15.17 	in the growing season. In either case, the concentration of animals must be such that a 
15.18 	vegetative cover, whether of grass, growing plants, or crops, is maintained during the 
15.19 	growing season except in the immediate vicinity of temporary supplemental feeding 
15.20 	or watering devices.

15.21 	Sec. 26. Minnesota Statutes 2010, section 223.17, subdivision 6, is amended to read:
15.22 		Subd. 6.Financial statements. For the purpose of fixing or changing the amount of 
15.23 	a required bond or for any other proper reason, The commissioner shall may require an 
15.24 	annual financial statement from a licensee which has been prepared in accordance with 
15.25 	generally accepted accounting principles and which meets the following requirements:
15.26 	(a) The financial statement shall include, but not be limited to the following: (1) 
15.27 	a balance sheet; (2) a statement of income (profit and loss); (3) a statement of retained 
15.28 	earnings; (4) a statement of changes in financial position; and (5) a statement of the dollar 
15.29 	amount of grain purchased in the previous fiscal year of the grain buyer.
15.30 	(b) The financial statement shall be accompanied by a compilation report of the 
15.31 	financial statement that is prepared by a grain commission firm or a management firm 
15.32 	approved by the commissioner or by an independent public accountant, in accordance with 
15.33 	standards established by the American Institute of Certified Public Accountants. Grain 
15.34 	buyers purchasing less than 150,000 bushels of grain per calendar year may submit a 
16.1 	financial statement prepared by a public accountant who is not an employee or a relative 
16.2 	within the third degree of kindred according to civil law.
16.3 	(c) The financial statement shall be accompanied by a certification by the chief 
16.4 	executive officer or the chief executive officer's designee of the licensee, under penalty 
16.5 	of perjury, that the financial statement accurately reflects the financial condition of the 
16.6 	licensee for the period specified in the statement.
16.7 	Only one financial statement must be filed for a chain of warehouses owned or 
16.8 	operated as a single business entity, unless otherwise required by the commissioner. Any 
16.9 	grain buyer having a net worth in excess of $500,000,000 need not file the financial 
16.10 	statement required by this subdivision but must provide the commissioner with a certified 
16.11 	net worth statement. All financial statements filed with the commissioner are private or 
16.12 	nonpublic data as provided in section 13.02.

16.13 	Sec. 27. Minnesota Statutes 2010, section 232.22, subdivision 3, is amended to read:
16.14 		Subd. 3.Fees; grain buyers and storage account. There is created in the 
16.15 	agricultural fund an account known as the grain buyers and storage account. The 
16.16 	commissioner shall set the fees for inspections examinations, certifications, and licenses 
16.17 	under sections 232.20 to 232.25 at levels necessary to pay the costs of administering and 
16.18 	enforcing sections 232.20 to 232.25. All money collected pursuant to sections 232.20
16.19 	to 232.25 and chapters 233 and 236 shall be paid by the commissioner into the state 
16.20 	treasury and credited to the grain buyers and storage account and is appropriated to the 
16.21 	commissioner for the administration and enforcement of sections 232.20 to 232.25 and 
16.22 	chapters 233 and 236. All money collected pursuant to chapter 231 shall be paid by 
16.23 	the commissioner into the grain buyers and storage account and is appropriated to the 
16.24 	commissioner for the administration and enforcement of chapter 231.
16.25 	The fees for a license to store grain are as follows:
16.26 	(a) For a license to store grain, $110 for each home rule charter or statutory city or 
16.27 	town in which a public grain warehouse is operated.
16.28 	(b) A person with a license to store grain in a public grain warehouse is subject to 
16.29 	an examination fee for each licensed location, based on the following schedule for one 
16.30 	examination:

16.31
16.32		Bushel Capacity
	Examination 
Fee
		
16.33		Less than 150,001
	$
	300
		
16.34		150,001 to 250,000
	$
	425
		
16.35		250,001 to 500,000
	$
	545
		
16.36		500,001 to 750,000
	$
	700
		
17.1		750,001 to 1,000,000
	$
	865
		
17.2		1,000,001 to 1,200,000
	$
	1,040
		
17.3		1,200,001 to 1,500,000
	$
	1,205
		
17.4		1,500,001 to 2,000,000
	$
	1,380
		
17.5		More than 2,000,000
	$
	1,555
		
17.6 	(c) The fee for the second examination is $55 per hour per examiner for warehouse 
17.7 	operators who choose to have it performed by the commissioner.
17.8 	(d) A penalty amount not to exceed ten percent of the fees due may be imposed by 
17.9 	the commissioner for each month for which the fees are delinquent.

17.10 	Sec. 28. Minnesota Statutes 2010, section 232.22, subdivision 4, is amended to read:
17.11 		Subd. 4.Bonding. (a) Before a license is issued, the applicant for a public grain 
17.12 	warehouse operator's license shall file with the commissioner a bond in a penal sum 
17.13 	prescribed by the commissioner. The penal sum on a condition one bond shall be 
17.14 	established by rule by the commissioner pursuant to the requirements of chapter 14 for all 
17.15 	grain outstanding on grain warehouse receipts. The penal sum on a condition two bond 
17.16 	shall not be less than $10,000 for each location up to a maximum of five locations. based 
17.17 	on the annual average liability as stated on the statement of grain in storage report and 
17.18 	applying the following amounts:
17.19 	(1) $10,000 for storages with annual average storage liability of more than $0 but 
17.20 	not more than $25,000;
17.21 	(2) $20,000 for storages with annual average storage liability of more than $25,001 
17.22 	but not more than $50,000;
17.23 	(3) $30,000 for storages with annual average storage liability of more than $50,001 
17.24 	but not more than $75,000;
17.25 	(4) $50,000 for storages with annual average storage liability of more than $75,001 
17.26 	but not more than $100,000;
17.27 	(5) $75,000 for storages with annual average storage liability of more than $100,001 
17.28 	but not more than $200,000;
17.29 	(6) $125,000 for storages with annual average storage liability of more than 
17.30 	$200,001 but not more than $300,000;
17.31 	(7) $175,000 for storages with annual average storage liability of more than 
17.32 	$300,001 but not more than $400,000;
17.33 	(8) $225,000 for storages with annual average storage liability of more than 
17.34 	$400,001 but not more than $500,000;
17.35 	(9) $275,000 for storages with annual average storage liability of more than 
17.36 	$500,001 but not more than $600,000;
18.1 	(10) $325,000 for storages with annual average storage liability of more than 
18.2 	$600,001 but not more than $700,000;
18.3 	(11) $425,000 for storages with annual average storage liability of more than 
18.4 	$800,001 but not more than $900,000;
18.5 	(12) $475,000 for storages with annual average storage liability of more than 
18.6 	$900,001 but not more than $1,000,000; and
18.7 	(13) $500,000 for storages with annual average storage liability of more than 
18.8 	$1,000,000.
18.9 	(b) Bonds must be continuous until canceled. To cancel a bond, a surety must provide 
18.10 	90 days' written notice of the bond's termination date to the licensee and the commissioner.

18.11 	Sec. 29. Minnesota Statutes 2010, section 232.22, subdivision 5, is amended to read:
18.12 		Subd. 5.Statement of grain in storage; reports. (a) All public grain warehouse 
18.13 	operators must by the tenth day of each month February 15 of each year file with the 
18.14 	commissioner on forms a form approved by the commissioner a report showing the 
18.15 	highest monthly net liability of all grain outstanding on grain warehouse receipts as of the 
18.16 	close of business on the last day of that occurred during the preceding month calendar 
18.17 	year. This report shall be used for the purpose of establishing the penal sum of the bond.
18.18 	(b) Warehouse operators that are at a maximum bond and want to continue at 
18.19 	maximum bond do not need to file this report.
18.20 	(b) If (c) It is a violation of this chapter for any public grain warehouse operator 
18.21 	willfully neglects or refuses to fail to file the report required in clause (a) for two 
18.22 	consecutive months, the commissioner may immediately suspend the person's license 
18.23 	and the licensee must surrender the license to the commissioner. Within 15 days the 
18.24 	licensee may request an administrative hearing subject to chapter 14 to determine if the 
18.25 	license should be revoked. If no request is made within 15 days the commissioner shall 
18.26 	revoke the license.
18.27 	(c) (d) Every public grain warehouse operator shall keep in a place of safety complete 
18.28 	and accurate records and accounts relating to any grain warehouse operated. The records 
18.29 	shall reflect each commodity received and shipped daily, the balance remaining in the 
18.30 	grain warehouse at the close of each business day, a listing of all unissued grain warehouse 
18.31 	receipts in the operator's possession, a record of all grain warehouse receipts issued which 
18.32 	remain outstanding and a record of all grain warehouse receipts which have been returned 
18.33 	for cancellation. Copies of grain warehouse receipts or other documents evidencing 
18.34 	ownership of grain by a depositor, or other liability of the grain warehouse operator, shall 
18.35 	be retained as long as the liability exists but must be kept for a minimum of three years.
19.1 	(d) (e) Every public grain warehouse operator must maintain in the grain warehouse 
19.2 	at all times grain of proper grade and sufficient quantity to meet delivery obligations on 
19.3 	all outstanding grain warehouse receipts.

19.4 	Sec. 30. Minnesota Statutes 2010, section 232.23, subdivision 10, is amended to read:
19.5 		Subd. 10.Delivery of grain. (a) On the redemption of a grain warehouse receipt 
19.6 	and payment of all lawful charges, the grain represented by the receipt is immediately 
19.7 	deliverable to the depositor or the depositor's order, and is not subject to any further charge 
19.8 	for storage after demand for delivery has been made and proper facilities for receiving and 
19.9 	shipping the grain have been provided. If delivery has not commenced within 48 hours 
19.10 	after demand has been made and proper facilities have been provided, the public grain 
19.11 	warehouse operator issuing the grain warehouse receipt is liable to the owner in damages 
19.12 	not exceeding two cents per bushel for each day's delay, unless the public grain warehouse 
19.13 	operator makes delivery to different owners in the order demanded as rapidly as it can be 
19.14 	done through ordinary diligence, or unless insolvency has occurred.
19.15 	(b) If a disagreement arises between the person receiving and the person delivering 
19.16 	the grain at a public grain warehouse in this state as to the proper grade or dockage of any 
19.17 	grain, an average sample of at least three quarts of the grain in dispute may be taken by 
19.18 	either or both of the persons interested. The sample shall be certified by both the owner 
19.19 	and the public grain warehouse operator as being true samples of the grain in dispute 
19.20 	on the delivery day. The samples shall be forwarded in a suitable airtight container by 
19.21 	parcel post or express, prepaid, with the name and address of both parties, to the head of 
19.22 	the grain inspection program of the Department of Agriculture, who shall, upon request, 
19.23 	examine the grain, and determine what grade or dockage the samples of grain are entitled 
19.24 	to under the inspection rules. Before the results of the inspection are released to the person 
19.25 	requesting the inspection, the person shall pay the required fee. The fee shall be the same 
19.26 	as that required for similar services rendered by the grain inspection program.

19.27 	Sec. 31. Minnesota Statutes 2010, section 232.24, subdivision 1, is amended to read:
19.28 		Subdivision 1.Schedule of inspection examination. A licensee under sections 
19.29 	232.20 to 232.25 is subject to two audits examinations annually conducted by the 
19.30 	commissioner or the agricultural marketing service of the United States Department of 
19.31 	Agriculture. The commissioner may, by rule, authorize one audit examination to be 
19.32 	conducted by a qualified nongovernmental unit. 

19.33 	Sec. 32. Minnesota Statutes 2010, section 232.24, subdivision 2, is amended to read:
20.1 		Subd. 2.Financial reports. A licensee under sections 232.20 to 232.25upon request 
20.2 	must provide to the commissioner a copy of the financial reports of an audit conducted by 
20.3 	a qualified nongovernmental unit containing information the commissioner requires. 

20.4 	Sec. 33. Minnesota Statutes 2010, section 236.02, is amended by adding a subdivision 
20.5 	to read:
20.6 		Subd. 4a.Statement of grain in storage; reports. (a) Annually by February 15 
20.7 	each grain bank operator must file with the commissioner on a form approved by the 
20.8 	commissioner a report showing the highest monthly net liability of all grain outstanding 
20.9 	on grain bank receipts that occurred during the preceding calendar year. This report must 
20.10 	be used for the purpose of establishing the sum of the bond.
20.11 	(b) Grain bank operators that are at maximum bond and want to continue at 
20.12 	maximum bond do not need to file this report.
20.13 	(c) It is a violation of this chapter for a public grain bank operator to fail to file 
20.14 	the report required in clause (a).

20.15 	Sec. 34. Minnesota Statutes 2010, section 236.02, subdivision 5, is amended to read:
20.16 		Subd. 5.Bond Bonding. A license may not be issued for the operation of a 
20.17 	grain bank until the applicant has filed with the department a bond in a sum set by the 
20.18 	department. The bond may not be less than $1,500 for each license and must at all times 
20.19 	be large enough to protect the holders of outstanding grain bank receipts. Bonds must be 
20.20 	filed annually and cover the period of the grain bank license.(a) Before a license is issued, 
20.21 	the applicant for a grain bank operator's license shall file with the commissioner a bond in 
20.22 	a penal sum prescribed by the commissioner based on the annual average liability as stated 
20.23 	on the statement of grain in storage report and applying the following amounts:
20.24 	(1) $1,500 for storages with annual average storage liability of more than $0 but not 
20.25 	more than $5,000;
20.26 	(2) $3,000 for storages with annual average storage liability of more than $5,001 but 
20.27 	not more than $10,000;
20.28 	(3) $8,000 for storages with annual average storage liability of more than $10,001 
20.29 	but not more than $25,000;
20.30 	(4) $15,000 for storages with annual average storage liability of more than $25,001 
20.31 	but not more than $50,000;
20.32 	(5) $35,000 for storages with annual average storage liability of more than $50,001 
20.33 	but not more than $100,000;
21.1 	(6) $75,000 for storages with annual average storage liability of more than $100,001 
21.2 	but not more than $200,000;
21.3 	(7) $125,000 for storages with annual average storage liability of more than 
21.4 	$200,001 but not more than $300,000; and
21.5 	(8) $150,000 for storages with annual average storage liability of more than 
21.6 	$300,001.
21.7 	(b) Bonds must be continuous until canceled. To cancel a bond, a surety must provide 
21.8 	90 days' written notice of the bond's termination date to the licensee and the commissioner.
21.9 	Bonds must run to the state of Minnesota and be for the benefit of all persons storing 
21.10 	grain in a grain bank. They must be conditioned upon the faithful performance by the 
21.11 	grain bank operator of the law relating to the operation of grain banks by the grain bank 
21.12 	operator and related rules of the department. The department may require increases in 
21.13 	the amounts of bonds as it considers necessary for the protection of grain bank receipt 
21.14 	holders. The surety of grain bank bonds must be a corporate surety company authorized to 
21.15 	transact business in Minnesota.

21.16 	Sec. 35. Laws 2011, chapter 14, section 6, is amended by adding an effective date to 
21.17 	read:

21.18 	EFFECTIVE DATE. This section is effective retroactively from April 16, 2011.

21.19 	Sec. 36. APPROPRIATIONS AVAILABLE UNTIL SPENT.
 21.20 	The appropriations in Laws 2009, chapter 172, article 2, section 2, paragraph (d), for 
21.21 	research and pilot projects related to ways agricultural practices contribute to restoring 
21.22 	impaired waters and assist with the development of total maximum daily load plans, 
21.23 	are available until spent.

21.24 	Sec. 37.  REPEALER.
 21.25 	(a) Minnesota Statutes 2010, sections 17B.01; 17B.02; 17B.03; 17B.04; 17B.041; 
21.26 	17B.0451; 17B.048; 17B.05; 17B.06; 17B.07; 17B.10; 17B.11; 17B.12; 17B.13; 17B.14; 
21.27 	17B.15, subdivisions 1 and 3; 17B.16; 17B.17; 17B.18; 17B.20; 17B.22, subdivisions 1 
21.28 	and 2; 17B.28; 17B.29; 232.24, subdivision 3; 395.14; 395.15; 395.16; 395.17; 395.18; 
21.29 	395.19; 395.20; 395.21; 395.22; 395.23; and 395.24, are repealed.
21.30 	(b) Minnesota Rules, parts 1505.0780; 1505.0810; 1562.0100, subparts 3, 4, 5, 
21.31 	6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25; 1562.0200; 
21.32 	1562.0700, subparts 1b and 3; 1562.0900; and 1562.1300, are repealed.