2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
Engrossments | ||
---|---|---|
Introduction | Posted on 03/06/2003 | |
1st Engrossment | Posted on 04/16/2003 | |
2nd Engrossment | Posted on 04/24/2003 |
1.1 A bill for an act 1.2 relating to state government; appropriating money for 1.3 agricultural and rural development purposes; 1.4 establishing and modifying certain programs; providing 1.5 for regulation of certain activities and practices; 1.6 providing for accounts, assessments, and fees; 1.7 amending Minnesota Statutes 2002, sections 17.451; 1.8 17.452, subdivisions 8, 10, 11, 12, 13, by adding 1.9 subdivisions; 18.525; 18.78; 18.79, subdivisions 2, 3, 1.10 5, 6, 9, 10; 18.81, subdivisions 2, 3; 18.84, 1.11 subdivision 3; 18.86; 18B.26, subdivision 3; 21.89, 1.12 subdivision 2; 21.90, subdivision 2; 21.901; 28A.08, 1.13 subdivision 3; 28A.085, subdivision 1; 28A.09, 1.14 subdivision 1; 32.394, subdivisions 8, 8b, 8d; 35.155; 1.15 38.02, subdivision 1; 41A.09, subdivisions 1, 2a, 3a, 1.16 by adding subdivisions; 116.07, subdivision 7a; 1.17 116D.04, subdivisions 2a, 10, 11, 13; 116O.09, 1.18 subdivisions 1, 1a, 2, 3, 9, 12, 13, by adding 1.19 subdivisions; proposing coding for new law in 1.20 Minnesota Statutes, chapters 18; 21; repealing 1.21 Minnesota Statutes 2002, sections 17.110; 18.51; 1.22 18.52; 18.53; 18.54; 18.79, subdivisions 1, 7, 11; 1.23 18.85; 41A.09, subdivisions 1a, 5a, 6, 7, 8; Minnesota 1.24 Rules, part 1510.0281. 1.25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.26 Section 1. [AGRICULTURE AND RURAL DEVELOPMENT APPROPRIATIONS.] 1.27 The sums shown in the columns marked "APPROPRIATIONS" are 1.28 appropriated from the general fund, or another named fund, to 1.29 the agencies and for the purposes specified in this act, to be 1.30 available for the fiscal years indicated for each purpose. The 1.31 figures "2004" and "2005," where used in this act, mean that the 1.32 appropriation or appropriations listed under them are available 1.33 for the year ending June 30, 2004, or June 30, 2005, 1.34 respectively. The term "the first year" means the year ending 1.35 June 30, 2004, and the term "the second year" means the year 2.1 ending June 30, 2005. 2.2 SUMMARY BY FUND 2.3 2004 2005 TOTAL 2.4 General $ 45,185,000 $ 44,620,000 $ 89,805,000 2.5 Remediation 353,000 353,000 706,000 2.6 TOTAL $ 45,538,000 $ 44,973,000 $ 90,511,000 2.7 APPROPRIATIONS 2.8 Available for the Year 2.9 Ending June 30 2.10 2004 2005 2.11 Sec. 2. DEPARTMENT OF AGRICULTURE 2.12 Subdivision 1. Total 2.13 Appropriation 42,735,000 42,170,000 2.14 Summary by Fund 2.15 General 42,382,000 41,817,000 2.16 Remediation 353,000 353,000 2.17 The amounts that may be spent from this 2.18 appropriation for each program are 2.19 specified in the following subdivision. 2.20 Subd. 2. Protection Services 2.21 9,138,000 9,138,000 2.22 Summary by Fund 2.23 General 8,785,000 8,785,000 2.24 Remediation 353,000 353,000 2.25 $353,000 the first year and $353,000 2.26 the second year are from the 2.27 remediation fund for administrative 2.28 funding for the voluntary cleanup 2.29 program. 2.30 Subd. 3. Agricultural Marketing 2.31 and Development 2.32 5,209,000 5,209,000 2.33 $71,000 the first year and $71,000 the 2.34 second year are for transfer to the 2.35 Minnesota grown matching account and 2.36 may be used as grants for Minnesota 2.37 grown promotion under Minnesota 2.38 Statutes, section 17.109. Grants may 2.39 be made for one year. Notwithstanding 2.40 Minnesota Statutes, section 16A.28, the 2.41 appropriations encumbered under 2.42 contract on or before June 30, 2005, 2.43 for Minnesota grown grants in this 2.44 subdivision are available until June 2.45 30, 2007. 2.46 $80,000 the first year and $80,000 the 2.47 second year are for grants to farmers 2.48 for demonstration projects involving 2.49 sustainable agriculture as authorized 3.1 in Minnesota Statutes, section 17.116. 3.2 Of the amount for grants, up to $20,000 3.3 may be used for dissemination of 3.4 information about the demonstration 3.5 projects. Notwithstanding Minnesota 3.6 Statutes, section 16A.28, the 3.7 appropriations encumbered under 3.8 contract on or before June 30, 2005, 3.9 for sustainable agriculture grants in 3.10 this subdivision are available until 3.11 June 30, 2007. 3.12 Beginning in fiscal year 2004, all aid 3.13 payments to county and district 3.14 agricultural societies and associations 3.15 under Minnesota Statutes, section 3.16 38.02, subdivision 1, shall be 3.17 disbursed not later than July 15. 3.18 These payments are the amount of aid 3.19 owed by the state for an annual fair 3.20 held in the previous calendar year. 3.21 The commissioner, in consultation with 3.22 farm groups and individuals and 3.23 organizations in the education 3.24 community, shall identify an 3.25 appropriate entity in the private 3.26 sector or the public sector to sponsor, 3.27 house, and carry on the staffing and 3.28 function of the Ag in the Classroom 3.29 program. Once an entity is identified 3.30 and arrangements for the transfer 3.31 finalized, the commissioner may release 3.32 educational and program materials to 3.33 the new entity. 3.34 Subd. 4. Ethanol Development 3.35 22,962,000 21,428,000 3.36 Notwithstanding the annual 3.37 appropriation for ethanol producer 3.38 payments in Minnesota Statutes, section 3.39 41A.09, subdivision 1, the general fund 3.40 appropriation for fiscal year 2004 is 3.41 $22,692,000 and the appropriation for 3.42 fiscal year 2005 is $21,428,000. 3.43 Payments from these appropriations for 3.44 eligible ethanol production in fiscal 3.45 years 2004 and 2005 shall be disbursed 3.46 at the rate of $0.13 per gallon, and 3.47 the base appropriation amounts in 3.48 fiscal years 2006 and 2007 must be 3.49 calculated as the projected eligible 3.50 production in those years times a 3.51 payment rate of $0.13 per gallon. If 3.52 the total amount for which all 3.53 producers are eligible in a quarter 3.54 exceeds the amount available for 3.55 payments, the commissioner shall make 3.56 payments on a pro rata basis. 3.57 Subd. 5. Administration and 3.58 Financial Assistance 3.59 5,426,000 6,395,000 3.60 $1,005,000 the first year and 3.61 $1,005,000 the second year are for 3.62 continuation of the dairy development 3.63 and profitability enhancement and dairy 4.1 business planning grant programs 4.2 established under Laws 1997, chapter 4.3 216, section 7, subdivision 2 and Laws 4.4 2001, First Special Session chapter 2, 4.5 section 9, subdivision 2. The 4.6 commissioner may allocate the available 4.7 sums among permissible activities, 4.8 including efforts to improve the 4.9 quality of milk produced in the state, 4.10 in the proportions which the 4.11 commissioner deems most beneficial to 4.12 Minnesota's dairy farmers. The 4.13 commissioner must submit a work plan 4.14 detailing plans for expenditures under 4.15 this program to the chairs of the house 4.16 and senate committees dealing with 4.17 agricultural policy and budget on or 4.18 before the start of each fiscal year. 4.19 If significant changes are made to the 4.20 plans in the course of the year, the 4.21 commissioner must notify the chairs. 4.22 $50,000 the first year and $50,000 the 4.23 second year are for the Northern Crops 4.24 Institute. These appropriations may be 4.25 spent to purchase equipment. 4.26 $19,000 the first year and $19,000 the 4.27 second year are for a grant to the 4.28 Minnesota livestock breeders 4.29 association. 4.30 $2,000 the first year and $1,000 the 4.31 second year are for family farm 4.32 security interest payment adjustments. 4.33 If the appropriation for either year is 4.34 insufficient, the appropriation for the 4.35 other year is available for it. No new 4.36 loans may be approved in fiscal year 4.37 2004 or 2005. 4.38 $500,000 the first year and $1,535,000 4.39 the second year are for the 4.40 administration and performance of the 4.41 duties under Minnesota Statutes, 4.42 section 116O.09. The commissioner 4.43 shall transfer up to $100,000 to the 4.44 agricultural utilization and research 4.45 institute for its operations between 4.46 July 1 and September 30, 2003. 4.47 Sec. 3. BOARD OF ANIMAL 4.48 HEALTH 2,803,000 2,803,000 4.49 $400,000 the first year and $400,000 4.50 the second year are for the purposes of 4.51 cervidae inspections as authorized in 4.52 Minnesota Statutes, section 17.452. 4.53 Sec. 4. AGRICULTURAL UTILIZATION 4.54 RESEARCH INSTITUTE -0- -0- 4.55 Sec. 5. Minnesota Statutes 2002, section 17.451, is 4.56 amended to read: 4.57 17.451 [DEFINITIONS.] 4.58 Subdivision 1. [APPLICABILITY.] The definitions in this 4.59 section apply to this section and section 17.452. 5.1 Subd. 1a. [CERVIDAE.] "Cervidae" means animals that are 5.2 members of the family Cervidae and includes, but is not limited 5.3 to, white-tailed deer, mule deer, red deer, elk, moose, caribou, 5.4 reindeer, and muntjac. 5.5 Subd. 2. [FARMED CERVIDAE.] "Farmed cervidae" means 5.6 members of the Cervidae family that are: 5.7 (1) raised fortheany purposeof producing fiber, meat, or5.8animal by-products, as pets, or as breeding stock; and 5.9 (2) registered in a manner approved by the board of animal 5.10 health. 5.11 Subd. 3. [OWNER.] "Owner" means a person who owns or is 5.12 responsible for the raising of farmed cervidae. 5.13 Subd. 4. [HERD.] "Herd" means: 5.14 (1) all cervidae maintained on common ground for any 5.15 purpose; or 5.16 (2) all cervidae under common ownership or supervision, 5.17 geographically separated, but that have an interchange or 5.18 movement of animals without regard to whether the animals are 5.19 infected with or exposed to diseases. 5.20 Sec. 6. Minnesota Statutes 2002, section 17.452, 5.21 subdivision 8, is amended to read: 5.22 Subd. 8. [SLAUGHTER.] Farmed cervidae must be slaughtered 5.23 and inspected in accordance with chapters 31 and 31A or the 5.24 United States Department of Agriculture voluntary program for 5.25 exotic animals, Code of Federal Regulations, title 9, part 352. 5.26 Sec. 7. Minnesota Statutes 2002, section 17.452, 5.27 subdivision 10, is amended to read: 5.28 Subd. 10. [FENCING.](a)Farmed cervidae must be confined 5.29 in a manner designed to prevent escape.Fencing must meet the5.30requirements in this subdivision unless an alternative is5.31specifically approved by the commissioner. The board of animal5.32health shall follow the guidelines established by the United5.33States Department of Agriculture in the program for eradication5.34of bovine tuberculosis. Perimeter fencing must be of the5.35following heights:5.36(1) for fences constructed before August 1, 1995, for6.1farmed deer, at least 75 inches;6.2(2) for fences constructed before August 1, 1995, for6.3farmed elk, at least 90 inches; and6.4(3) for fences constructed on or after August 1, 1995, for6.5all farmed cervidae, at least 96 inches.6.6(b) The farmed cervidae advisory committee shall establish6.7guidelines designed to prevent the escape of farmed cervidae and6.8other appropriate management practices.All perimeter fences 6.9 for farmed cervidae must be at least 96 inches in height and be 6.10 constructed and maintained in a way that prevents the escape of 6.11 farmed cervidae or entry into the premises by free-roaming 6.12 cervidae. 6.13(c) The commissioner of agriculture in consultation with6.14the commissioner of natural resources shall adopt rules6.15prescribing fencing criteria for farmed cervidae.6.16 [EFFECTIVE DATE.] This section is effective January 1, 2004. 6.17 Sec. 8. Minnesota Statutes 2002, section 17.452, 6.18 subdivision 11, is amended to read: 6.19 Subd. 11. [DISEASEINSPECTIONCONTROL PROGRAMS.] Farmed 6.20 cervidae herds are subject to chapter 35 and the rules of the 6.21 board of animal health in the same manner as livestock and 6.22 domestic animals, including provisions relating to importation 6.23 and transportation. 6.24 Sec. 9. Minnesota Statutes 2002, section 17.452, 6.25 subdivision 12, is amended to read: 6.26 Subd. 12. [IDENTIFICATION.] (a) Farmed cervidae must be 6.27 identified byUnited States Department of Agriculture metal ear6.28tags, electronic implants, or othermeansof identification6.29 approved by the board of animal healthin consultation with the6.30commissioner of natural resources. Beginning January 1, 2004, 6.31 the identification must be visible to the naked eye during 6.32 daylight under normal conditions at a distance of 50 yards. 6.33 Newbornor importedanimalsare required tomust be identified 6.34by March 1 of each yearbefore December 31 of the year in which 6.35 the animal is born or before movement from the premises, 6.36 whichever occurs first.The board shall authorize discrete7.1permanent identification for farmed cervidae in public displays7.2or other forums where visible identification is objectionable.7.3 (b)Identification of farmed cervidae is subject to7.4sections 35.821 to 35.831.7.5(c)The board of animal health shall register farmed 7.6 cervidaeupon request of the owner. The owner must submit the 7.7 registration request on forms provided by the board. The forms 7.8 must include sales receipts or other documentation of the origin 7.9 of the cervidae. The board shall provide copies of the 7.10 registration information to the commissioner of natural 7.11 resources upon request. The owner must keep written records of 7.12 the acquisition and disposition of registered farmed cervidae. 7.13 Sec. 10. Minnesota Statutes 2002, section 17.452, 7.14 subdivision 13, is amended to read: 7.15 Subd. 13. [INSPECTION.] The commissioner of agriculture 7.16 and the board of animal health may inspect farmed cervidae, 7.17 farmed cervidae facilities, and farmed cervidae records. On or 7.18 before January 1 of each year, an owner of cervidae must pay an 7.19 annual inspection fee of $10 per animal owned but not to exceed 7.20 $100 per herd. The number of animals owned must be determined 7.21 by the most recent inventory submitted by the owner to the board 7.22 of animal health. The commissioner of natural resources may 7.23 inspect farmed cervidae, farmed cervidae facilities, and farmed 7.24 cervidae records with reasonable suspicion that laws protecting 7.25 native wild animals have been violated.and must notify the 7.26 ownermust be notifiedin writing at the time of the inspection 7.27 of the reason for the inspection andinformedmust inform the 7.28 owner in writing after the inspection of whether (1) the cause 7.29 of the inspection was unfounded; or (2) there will be an ongoing 7.30 investigation or continuing evaluation. 7.31 Sec. 11. Minnesota Statutes 2002, section 17.452, is 7.32 amended by adding a subdivision to read: 7.33 Subd. 13a. [CERVIDAE INSPECTION ACCOUNT.] A cervidae 7.34 inspection account is established in the state treasury. The 7.35 fees collected under subdivision 13 and interest attributable to 7.36 money in the account must be deposited in the state treasury and 8.1 credited to the cervidae inspection account in the special 8.2 revenue fund. Money in the account is appropriated to the board 8.3 of animal health for the administration and enforcement of this 8.4 section. 8.5 Sec. 12. Minnesota Statutes 2002, section 17.452, is 8.6 amended by adding a subdivision to read: 8.7 Subd. 15. [MANDATORY REGISTRATION.] A person may not 8.8 possess live cervidae in Minnesota unless the person is 8.9 registered with the board of animal health and meets all the 8.10 requirements for farmed cervidae under this section. Cervidae 8.11 possessed in violation of this subdivision may be seized and 8.12 destroyed by the commissioner of natural resources. 8.13 [EFFECTIVE DATE.] This section is effective January 1, 2004. 8.14 Sec. 13. Minnesota Statutes 2002, section 17.452, is 8.15 amended by adding a subdivision to read: 8.16 Subd. 16. [MANDATORY SURVEILLANCE FOR CHRONIC WASTING 8.17 DISEASE.] (a) An inventory for each farmed cervidae herd must be 8.18 verified by an accredited veterinarian and filed with the board 8.19 of animal health every 12 months. 8.20 (b) Movement of farmed cervidae from any premises to 8.21 another location must be reported to the board of animal health 8.22 within 14 days of such movement on forms approved by the board 8.23 of animal health. 8.24 (c) All animals from farmed cervidae herds that are over 16 8.25 months of age that die or are slaughtered must be tested for 8.26 chronic wasting disease. 8.27 [EFFECTIVE DATE.] This section is effective January 1, 2004. 8.28 Sec. 14. [18.511] [FEE SCHEDULE.] 8.29 Subdivision 1. [ESTABLISHMENT OF FEES.] The commissioner 8.30 shall establish fees sufficient to allow for the administration 8.31 and enforcement of this chapter and rules adopted under this 8.32 chapter, including the portion of general support costs and 8.33 statewide indirect costs of the agency attributable to that 8.34 function, with a reserve sufficient for up to six months. The 8.35 commissioner shall review the fee schedule annually in 8.36 consultation with the Minnesota nursery and landscape advisory 9.1 committee. For the certificate year beginning January 1, 2004, 9.2 the fees are as described in this section. 9.3 Subd. 2. [NURSERY STOCK GROWER CERTIFICATE.] (a) A nursery 9.4 stock grower must pay an annual fee based on the area of all 9.5 acreage on which nursery stock is grown for certification as 9.6 follows: 9.7 (1) less than one-half acre, $150; 9.8 (2) from one-half acre to two acres, $200; 9.9 (3) over two acres up to five acres, $300; 9.10 (4) over five acres up to ten acres, $350; 9.11 (5) over ten acres up to 20 acres, $500; 9.12 (6) over 20 acres up to 40 acres, $650; 9.13 (7) over 40 acres up to 50 acres, $800; 9.14 (8) over 50 acres up to 200 acres, $1,100; 9.15 (9) over 200 acres up to 500 acres, $1,500; and 9.16 (10) over 500 acres, $1,500 plus $2 for each additional 9.17 acre. 9.18 (b) In addition to the fees in paragraph (a), a penalty of 9.19 ten percent of the fee due must be charged for each month that 9.20 the fee is delinquent for any application for renewal not 9.21 received by January 1 of the year following expiration of a 9.22 certificate. 9.23 Subd. 3. [NURSERY STOCK DEALER, CERTIFICATE.] (a) A 9.24 nursery stock dealer must pay an annual fee based on the 9.25 dealer's gross sales of nursery stock per location during the 9.26 preceding certificate year. A certificate applicant operating 9.27 for the first time shall pay the minimum fee. The fees are per 9.28 sales location as follows: 9.29 (1) gross sales up to $20,000, $150; 9.30 (2) gross sales over $20,000 up to $100,000, $175; 9.31 (3) gross sales over $100,000 up to $250,000, $300; 9.32 (4) gross sales over $250,000 up to $500,000, $425; 9.33 (5) gross sales over $500,000 up to $1,000,000, $550; 9.34 (6) gross sales over $1,000,000 up to $2,000,000, $675; and 9.35 (7) gross sales over $2,000,000, $800. 9.36 (b) In addition to the fees in paragraph (a), a penalty of 10.1 ten percent of the fee due must be charged for each month that 10.2 the fee is delinquent for any application for renewal not 10.3 received by January 1 of the year following expiration of a 10.4 certificate. 10.5 Subd. 4. [REINSPECTION; ADDITIONAL OR OPTIONAL INSPECTION 10.6 FEES.] If a reinspection is required or an additional inspection 10.7 is needed or requested, a fee shall be assessed based on mileage 10.8 and inspection time as follows: 10.9 (1) mileage must be charged at the current United States 10.10 Internal Revenue Service reimbursement rate; and 10.11 (2) inspection time must be charged at the rate of $50 per 10.12 hour, including the driving time to and from the location in 10.13 addition to the time spent conducting the inspection. 10.14 Sec. 15. Minnesota Statutes 2002, section 18.525, is 10.15 amended to read: 10.16 18.525 [EXEMPT NURSERY SALES.] 10.17 Subdivision 1. [NOT-FOR-PROFIT SALES.] An 10.18 organizationdoes not need to obtain a nursery stock dealer10.19certificate before offeringor individual may offer for sale 10.20 certified nursery stockfor sale or distribution if the10.21organization:10.22(1) is aand be exempt from the requirement to obtain a 10.23 nursery stock dealer certificate if sales are conducted by a 10.24 nonprofit charitable, educational, or religious organization;10.25(2)that: 10.26 (1) conducts sales or distributions of certified nursery 10.27 stock on 14 or fewer days in a calendar year; and 10.28(3)(2) uses the proceeds from its certified nursery stock 10.29 sales or distributions for charitable, educational, or religious 10.30 purposes. 10.31The organization must notify the commissioner, prior to any10.32sales or distributions of certified nursery stock and must10.33demonstrate to the commissioner, if requested, that such sales10.34or distributions will be conducted on 14 or fewer days in the10.35calendar year, as provided in clause (2).10.36 Subd. 2. [NURSERY HOBBYIST SALES.] (a) An organization or 11.1 individual may offer nursery stock for sale and be exempt from 11.2 the requirement to obtain a nursery stock dealer certificate if: 11.3 (1) the gross sales of all nursery stock sold in a calendar 11.4 year do not exceed $2,000; 11.5 (2) all nursery stock sold or distributed by the hobbyist 11.6 is intended for planting in Minnesota; and 11.7 (3) all nursery stock purchased or procured for resale or 11.8 distribution was grown in Minnesota and has been certified by 11.9 the commissioner of agriculture. 11.10 (b) The commissioner may prescribe the conditions of the 11.11 exempt nursery sales under this subdivision and may conduct 11.12 routine inspections of nursery stock offered for sale. 11.13 Sec. 16. [18.541] [NURSERY AND PHYTOSANITARY ACCOUNT.] 11.14 A nursery and phytosanitary account is established in the 11.15 state treasury. The fees and penalties collected under this 11.16 chapter and interest attributable to money in the account must 11.17 be deposited in the state treasury and credited to the nursery 11.18 and phytosanitary account in the agricultural fund. Money in 11.19 the account, including interest earned, is appropriated to the 11.20 commissioner for administration and enforcement of this chapter. 11.21 Sec. 17. [18.611] [EXPORT CERTIFICATION, INSPECTIONS, 11.22 CERTIFICATES, PERMITS, AND FEES.] 11.23 Subdivision 1. [DISPOSITION AND USE OF MONEY 11.24 RECEIVED.] All fees and penalties collected under this chapter 11.25 and interest attributable to the money in the account must be 11.26 deposited in the state treasury and credited to the nursery and 11.27 phytosanitary account in the agricultural fund. Money in the 11.28 account, including interest earned, is appropriated to the 11.29 commissioner for the administration and enforcement of this 11.30 chapter. 11.31 Subd. 2. [COOPERATIVE AGREEMENTS.] The commissioner may 11.32 enter into cooperative agreements with federal and state 11.33 agencies for administration of the export certification 11.34 program. An exporter of plants or plant products desiring to 11.35 originate shipments from Minnesota to a foreign country 11.36 requiring a phytosanitary certificate or export certificate must 12.1 submit an application to the commissioner. 12.2 Subd. 3. [PHYTOSANITARY AND EXPORT 12.3 CERTIFICATES.] Application for phytosanitary certificates or 12.4 export certificates must be made on forms provided or approved 12.5 by the commissioner. The commissioner shall conduct inspections 12.6 of plants, plant products, or facilities for persons that have 12.7 applied for or intend to apply for a phytosanitary certificate 12.8 or export certificate from the commissioner. Inspections must 12.9 include one or more of the following as requested or required: 12.10 (1) an inspection of the plants or plant products intended 12.11 for export under a phytosanitary certificate or export 12.12 certificate; 12.13 (2) field inspections of growing plants to determine 12.14 presence or absence of plant diseases, if necessary; 12.15 (3) laboratory diagnosis for presence or absence of plant 12.16 diseases, if necessary; 12.17 (4) observation and evaluation of procedures and facilities 12.18 utilized in handling plants and plant products, if necessary; 12.19 and 12.20 (5) review of United States Department of Agriculture, 12.21 Federal Grain Inspection Service Official Export Grain 12.22 Inspection Certificate logs. 12.23 The commissioner may issue a phytosanitary or export 12.24 certificate if the plants or plant products satisfactorily meet 12.25 the requirements of the importing foreign country and the United 12.26 States Department of Agriculture requirements. The requirements 12.27 of the destination countries must be met by the applicant. 12.28 Subd. 4. [CERTIFICATE FEES.] (a) The commissioner shall 12.29 assess the fees in paragraphs (b) to (f) for the inspection, 12.30 service, and work performed in carrying out the issuance of a 12.31 phytosanitary certificate or export certificate. The inspection 12.32 fee must be based on mileage and inspection time. 12.33 (b) Mileage charge: current United States Internal Revenue 12.34 Service mileage rate. 12.35 (c) Inspection time: $50 per hour minimum or fee necessary 12.36 to cover department costs. Inspection time includes the driving 13.1 time to and from the location in addition to the time spent 13.2 conducting the inspection. 13.3 (d) A fee shall be assessed for any certificate issued that 13.4 requires laboratory analysis before issuance. The fee must be 13.5 deposited into the laboratory account as authorized in section 13.6 17.85. 13.7 (e) Certificate fee for product value greater than $250: a 13.8 fee of $75 for each phytosanitary or export certificate issued 13.9 for any single shipment valued at more than $250 in addition to 13.10 any mileage or inspection time charges that are assessed. 13.11 (f) Certificate fee for product value less than $250: a 13.12 fee of $25 for each phytosanitary or export certificate issued 13.13 for any single shipment valued at less than $250 in addition to 13.14 any mileage or inspection time charges that are assessed. 13.15 Subd. 5. [CERTIFICATE DENIAL OR CANCELLATION.] The 13.16 commissioner may deny or cancel the issuance of a phytosanitary 13.17 or export certificate for any of the following reasons: 13.18 (1) failure of the plants or plant products to meet 13.19 quarantine, regulations, and requirements imposed by the country 13.20 for which the phytosanitary or export certificate is being 13.21 requested; 13.22 (2) failure to completely or accurately provide the 13.23 information requested on the application form; 13.24 (3) failure to ship the exact plants or plant products 13.25 which were inspected and approved; or 13.26 (4) failure to pay any fees or costs due the commissioner. 13.27 Subd. 6. [PLANT PROTECTION INSPECTIONS, CERTIFICATES, 13.28 PERMITS, AND FEES.] (a) The commissioner may provide inspection, 13.29 sampling, or certification services to ensure that Minnesota 13.30 plant products or commodities meet import requirements of other 13.31 states or countries. 13.32 (b) The state plant regulatory official may issue permits 13.33 and certificates verifying that various Minnesota agricultural 13.34 products or commodities meet specified phytosanitary 13.35 requirements, treatment requirements, or pest absence assurances 13.36 based on determinations by the commissioner. The commissioner 14.1 may collect fees sufficient to recover costs for these permits 14.2 or certificates. The fees must be deposited in the nursery and 14.3 phytosanitary account. 14.4 Sec. 18. [18.612] [CREDITING OF PENALTIES, FEES, AND 14.5 COSTS.] 14.6 Penalties, cost reimbursements, fees, and other money 14.7 collected under this chapter must be deposited into the state 14.8 treasury and credited to the appropriate nursery and 14.9 phytosanitary or seed account. 14.10 Sec. 19. Minnesota Statutes 2002, section 18.78, is 14.11 amended to read: 14.12 18.78 [CONTROL OR ERADICATION OF NOXIOUS WEEDS.] 14.13 Subdivision 1. [GENERALLY.]Except as provided in section14.1418.85,A person owning land, a person occupying land, or a 14.15 person responsible for the maintenance of public land shall 14.16 control or eradicate all noxious weeds on the land at a time and 14.17 in a manner ordered bythe commissioner,the county agricultural 14.18 inspector,or a local weed inspector. 14.19 Subd. 2. [CONTROL OF PURPLE LOOSESTRIFE.] An owner of 14.20 nonfederal lands underlying public waters or wetlands designated 14.21 under section 103G.201 is not required to control or eradicate 14.22 purple loosestrife below the ordinary high water level of the 14.23 public water or wetland. The commissioner of natural resources 14.24 is responsible for control and eradication of purple loosestrife 14.25 on public waters and wetlands designated under section 103G.201, 14.26 except those located upon lands owned in fee title or managed by 14.27 the United States. The officers, employees, agents, and 14.28 contractors of the commissioner of natural resources may enter 14.29 upon public waters and wetlands designated under section 14.30 103G.201 and, after providing notification to the occupant or 14.31 owner of the land, may cross adjacent lands as necessary for the 14.32 purpose of investigating purple loosestrife infestations, 14.33 formulating methods of eradication, and implementing control and 14.34 eradication of purple loosestrife. The commissioner, after14.35consultation with the commissioner of agriculture,of natural 14.36 resources shall, by June 1 of each year, compile a priority list 15.1 of purple loosestrife infestations to be controlled in 15.2 designated public waters. The commissioner ofagriculture15.3 natural resources must distribute the list to county 15.4 agricultural inspectors, local weed inspectors, and their 15.5 appointed agents. The commissioner of natural resources shall 15.6 control listed purple loosestrife infestations in priority order 15.7 within the limits of appropriations provided for that purpose. 15.8 This procedure shall be the exclusive means for control of 15.9 purple loosestrife on designated public waters by the 15.10 commissioner of natural resources and shall supersede the other 15.11 provisions for control of noxious weeds set forth elsewhere in 15.12 this chapter. The responsibility of the commissioner of natural 15.13 resources to control and eradicate purple loosestrife on public 15.14 waters and wetlands located on private lands and the authority 15.15 to enter upon private lands ends ten days after receipt by the 15.16 commissioner of a written statement from the landowner that the 15.17 landowner assumes all responsibility for control and eradication 15.18 of purple loosestrife under sections 18.78 to 18.88. State 15.19 officers, employees, agents, and contractors of the commissioner 15.20 of natural resources are not liable in a civil action for 15.21 trespass committed in the discharge of their duties under this 15.22 section and are not liable to anyone for damages, except for 15.23 damages arising from gross negligence. 15.24 Sec. 20. Minnesota Statutes 2002, section 18.79, 15.25 subdivision 2, is amended to read: 15.26 Subd. 2. [AUTHORIZED AGENTS.]The commissioner shall15.27authorize department of agriculture personnel and may authorize,15.28in writing,County agricultural inspectorsto act as agents in15.29the administration and enforcement ofmay administer and enforce 15.30 sections 18.76 to 18.88. 15.31 Sec. 21. Minnesota Statutes 2002, section 18.79, 15.32 subdivision 3, is amended to read: 15.33 Subd. 3. [ENTRY UPON LAND.] To administer and enforce 15.34 sections 18.76 to 18.88,the commissioner, authorized agents of15.35the commissioner,county agricultural inspectors,and local weed 15.36 inspectors may enter upon land without consent of the owner and 16.1 without being subject to an action for trespass or any damages. 16.2 Sec. 22. Minnesota Statutes 2002, section 18.79, 16.3 subdivision 5, is amended to read: 16.4 Subd. 5. [ORDER FOR CONTROL OR ERADICATION OF NOXIOUS 16.5 WEEDS.]The commissioner,A county agricultural inspector,or a 16.6 local weed inspector may order the control or eradication of 16.7 noxious weeds on any land within the state. 16.8 Sec. 23. Minnesota Statutes 2002, section 18.79, 16.9 subdivision 6, is amended to read: 16.10 Subd. 6. [EDUCATIONAL PROGRAMSINITIAL TRAINING FOR 16.11 CONTROL OR ERADICATION OF NOXIOUS WEEDS.] The commissioner shall 16.12 conducteducation programsinitial training considered necessary 16.13 for weed inspectors in the enforcement of the Noxious Weed Law. 16.14 The director of the Minnesota extension service may conduct 16.15 educational programs for the general public that will aid 16.16 compliance with the noxious weed law. 16.17 Sec. 24. Minnesota Statutes 2002, section 18.79, 16.18 subdivision 9, is amended to read: 16.19 Subd. 9. [INJUNCTION.] If thecommissionercounty 16.20 agricultural inspector applies to a court for a temporary or 16.21 permanent injunction restraining a person from violating or 16.22 continuing to violate sections 18.76 to 18.88, the injunction 16.23 may be issued without requiring a bond. 16.24 Sec. 25. Minnesota Statutes 2002, section 18.79, 16.25 subdivision 10, is amended to read: 16.26 Subd. 10. [PROSECUTION.] On finding that a person has 16.27 violated sections 18.76 to 18.88, thecommissionercounty 16.28 agricultural inspector may start court proceedings in the 16.29 locality in which the violation occurred. The county attorney 16.30 may prosecute actions under sections 18.76 to 18.88 within the 16.31 county attorney's jurisdiction. 16.32 Sec. 26. Minnesota Statutes 2002, section 18.81, 16.33 subdivision 2, is amended to read: 16.34 Subd. 2. [LOCAL WEED INSPECTORS.] Local weed inspectors 16.35 shall: 16.36 (1) examine all lands, including highways, roads, alleys, 17.1 and public ground in the territory over which their jurisdiction 17.2 extends to ascertain if section 18.78 and related rules have 17.3 been complied with; 17.4 (2) see that the control or eradication of noxious weeds is 17.5 carried out in accordance with section 18.83 and related 17.6 rules; and 17.7 (3) issue permits in accordance with section 18.82 and 17.8 related rules for the transportation of materials or equipment 17.9 infested with noxious weed propagating parts; and17.10(4) submit reports and attend meetings that the17.11commissioner requires. 17.12 Sec. 27. Minnesota Statutes 2002, section 18.81, 17.13 subdivision 3, is amended to read: 17.14 Subd. 3. [NONPERFORMANCE BY INSPECTORS; REIMBURSEMENT FOR 17.15 EXPENSES.](a)If local weed inspectors neglect or fail to do 17.16 their duty as prescribed in this section, thecommissioner17.17 county agricultural inspector shall issue a notice to the 17.18 inspector providing instructions on how and when to do their 17.19 duty. If, after the time allowed in the notice, the local weed 17.20 inspector has not complied as directed, the county agricultural 17.21 inspector may perform the duty for the local weed inspector. A 17.22 claim for the expense of doing the local weed inspector's duty 17.23 is a legal charge against the municipality in which the 17.24 inspector has jurisdiction. The county agricultural inspector 17.25 doing the work may file an itemized statement of costs with the 17.26 clerk of the municipality in which the work was performed. The 17.27 municipality shall immediately issue proper warrants to the 17.28 county for the work performed. If the municipality fails to 17.29 issue the warrants, the county auditor may include the amount 17.30 contained in the itemized statement of costs as part of the next 17.31 annual tax levy in the municipality and withhold that amount 17.32 from the municipality in making its next apportionment. 17.33(b) If a county agricultural inspector fails to perform the17.34duties as prescribed in this section, the commissioner shall17.35issue a notice to the inspector providing instructions on how17.36and when to do that duty.18.1(c) The commissioner shall by rule establish procedures to18.2carry out the enforcement actions for nonperformance required by18.3this subdivision.18.4 Sec. 28. Minnesota Statutes 2002, section 18.84, 18.5 subdivision 3, is amended to read: 18.6 Subd. 3. [COURT APPEAL OF COSTS; PETITION.] (a) A 18.7 landowner who has appealed the cost of noxious weed control 18.8 measures under subdivision 2 may petition for judicial review. 18.9 The petition must be filed within 30 days after the conclusion 18.10 of the hearing before the county board. The petition must be 18.11 filed with the court administrator in the county in which the 18.12 land where the noxious weed control measures were undertaken is 18.13 located, together with proof of service of a copy of the 18.14 petition onthe commissioner andthe county auditor. No 18.15 responsive pleadings may be required ofthe commissioner or the18.16 county, and no court fees may be charged for the appearance of 18.17the commissioner orthe county in this matter. 18.18 (b) The petition must be captioned in the name of the 18.19 person making the petition as petitioner andthe commissioner of18.20agriculture andrespective county as respondents. The petition 18.21 must include the petitioner's name, the legal description of the 18.22 land involved, a copy of the notice to control noxious weeds, 18.23 and the date or dates on which appealed control measures were 18.24 undertaken. 18.25 (c) The petition must state with specificity the grounds 18.26 upon which the petitioner seeks to avoid the imposition of a 18.27 lien for the cost of noxious weed control measures. 18.28 Sec. 29. Minnesota Statutes 2002, section 18.86, is 18.29 amended to read: 18.30 18.86 [UNLAWFUL ACTS.] 18.31 No person may: 18.32 (1) hinder or obstruct in any way thecommissioner, the18.33commissioner's authorized agents,county agricultural 18.34 inspectors,or local weed inspectors in the performance of their 18.35 duties as provided in sections 18.76 to 18.88 or related rules; 18.36 (2) neglect, fail, or refuse to comply with section 18.82 19.1 or related rules in the transportation and use of material or 19.2 equipment infested with noxious weed propagating parts; 19.3 (3) sell material containing noxious weed propagating parts 19.4 to a person who does not have a permit to transport that 19.5 material or to a person who does not have a screenings permit 19.6 issued in accordance with section 21.74; or 19.7 (4) neglect, fail, or refuse to comply with a general 19.8 notice or an individual notice to control or eradicate noxious 19.9 weeds. 19.10 Sec. 30. Minnesota Statutes 2002, section 18B.26, 19.11 subdivision 3, is amended to read: 19.12 Subd. 3. [APPLICATION FEE.] (a) A registrant shall pay an 19.13 annual application fee for each pesticide to be registered, and 19.14 this fee is set at one-tenth of one percent for calendar year 19.15 1990, at one-fifth of one percent for calendar year 1991, and at 19.16 two-fifths of one percent for calendar year 1992 and thereafter 19.17 of annual gross sales within the state and annual gross sales of 19.18 pesticides used in the state, with a minimum nonrefundable fee 19.19 of $250. The registrant shall determine when and which 19.20 pesticides are sold or used in this state. The registrant shall 19.21 secure sufficient sales information of pesticides distributed 19.22 into this state from distributors and dealers, regardless of 19.23 distributor location, to make a determination. Sales of 19.24 pesticides in this state and sales of pesticides for use in this 19.25 state by out-of-state distributors are not exempt and must be 19.26 included in the registrant's annual report, as required under 19.27 paragraph (c), and fees shall be paid by the registrant based 19.28 upon those reported sales. Sales of pesticides in the state for 19.29 use outside of the state are exempt from the application fee in 19.30 this paragraph if the registrant properly documents the sale 19.31 location and distributors. A registrant paying more than the 19.32 minimum fee shall pay the balance due by March 1 based on the 19.33 gross sales of the pesticide by the registrant for the preceding 19.34 calendar year. The fee for disinfectants and sanitizers shall 19.35 be the minimum. The minimum fee is due by December 31 preceding 19.36 the year for which the application for registration is made.Of20.1the amount collected after calendar year 1990, at least $600,00020.2per fiscal year must be credited to the waste pesticide account20.3under section 18B.065, subdivision 5The commissioner shall 20.4 spend at least $300,000 per fiscal year from the pesticide 20.5 regulatory account for the purposes of the waste pesticide 20.6 collection program. 20.7 (b) An additional fee of $100 must be paid by the applicant 20.8 for each pesticide to be registered if the application is a 20.9 renewal application that is submitted after December 31. 20.10 (c) A registrant must annually report to the commissioner 20.11 the amount and type of each registered pesticide sold, offered 20.12 for sale, or otherwise distributed in the state. The report 20.13 shall be filed by March 1 for the previous year's registration. 20.14 The commissioner shall specify the form of the report and 20.15 require additional information deemed necessary to determine the 20.16 amount and type of pesticides annually distributed in the 20.17 state. The information required shall include the brand name, 20.18 amount, and formulation of each pesticide sold, offered for 20.19 sale, or otherwise distributed in the state, but the information 20.20 collected, if made public, shall be reported in a manner which 20.21 does not identify a specific brand name in the report. 20.22 Sec. 31. Minnesota Statutes 2002, section 21.89, 20.23 subdivision 2, is amended to read: 20.24 Subd. 2. [PERMITS; ISSUANCE AND REVOCATION.] (a) The 20.25 commissioner shall issue a permit to the initial labeler of 20.26 agricultural, vegetable,orflower, and wildflower seeds which 20.27 are sold for use in Minnesota and which conform to and are 20.28 labeled under sections 21.80 to 21.92. The categories of 20.29 permits are as follows: 20.30 (1) for initial labelers who sell 50,000 pounds or less of 20.31 agricultural seed each calendar year, an annual permit issued 20.32 for a fee established in section 21.891, subdivision 2, 20.33 paragraph (b); 20.34 (2) for initial labelers who sell vegetable, flower, and 20.35 wildflower seed packed for use in home gardens or household 20.36 plantings, an annual permit issued for a fee established in 21.1 section 21.891, subdivision 2, paragraph (c), based upon the 21.2 gross sales from the previous year; and 21.3 (3) for initial labelers who sell more than 50,000 pounds 21.4 of agricultural seed each calendar year, a permanent permit for 21.5 a fee established in section 21.891, subdivision 2, paragraph 21.6 (d). 21.7 (b) In addition, thepersonpermit holders shall furnish to 21.8 the commissioner an itemized statement of all seeds sold in 21.9 Minnesota for the periods established by the commissioner. This 21.10 statement shall be delivered, along with the payment of the fee, 21.11 based upon the amount and type of seed sold, to the commissioner 21.12 no later than 30 days after the end of each reporting period. 21.13 Any person holding a permit shall show as part of the analysis 21.14 labels or invoices on all agricultural, vegetable, 21.15 flower, wildflower, tree or shrub seeds all information the 21.16 commissioner requires. The commissioner may revoke any permit 21.17 in the event of failure to comply with applicable laws and rules. 21.18 Sec. 32. [21.891] [CHARGES UNDER MINNESOTA SEED LAW.] 21.19 Subdivision 1. [SAMPLING EXPORT SEED.] In accordance with 21.20 section 21.85, subdivision 13, the commissioner shall, if 21.21 requested, sample seed destined for export to other countries. 21.22 The fee for sampling export seed is an hourly rate published 21.23 annually by the commissioner and it shall be an amount 21.24 sufficient to recover the actual costs for the service provided. 21.25 Subd. 2. [SEED FEE PERMITS.] (a) An initial labeler who 21.26 wishes to sell seed in Minnesota must comply with section 21.89, 21.27 subdivisions 1 and 2, and the procedures in this subdivision. 21.28 Each initial labeler who wishes to sell seed in Minnesota must 21.29 apply to the commissioner to obtain a permit. The application 21.30 must contain the name and address of the applicant, the 21.31 application date, and the name and title of the applicant's 21.32 contact person. 21.33 (b) The application for a seed permit covered by section 21.34 21.89, subdivision 2, paragraph (a), clause (1), must be 21.35 accompanied by an application fee of $50. 21.36 (c) The application for a vegetable, flower, and wildflower 22.1 seed permit covered by section 21.89, subdivision 2, paragraph 22.2 (a), clause (2), must be accompanied by an application fee based 22.3 on the level of annual gross sales as follows: 22.4 (1) for gross sales of zero to $25,000, the annual permit 22.5 fee is $50; 22.6 (2) for gross sales of $25,001 to $50,000, the annual 22.7 permit fee is $100; 22.8 (3) for gross sales of $50,001 to $100,000, the annual 22.9 permit fee is $200; 22.10 (4) for gross sales of $100,001 to $250,000, the annual 22.11 permit fee is $500; 22.12 (5) for gross sales of $250,001 to $500,000, the annual 22.13 permit fee is $1,000; and 22.14 (6) for gross sales of $500,001 and above, the annual 22.15 permit fee is $2,000. 22.16 (d) The application for an agricultural seed permit covered 22.17 by section 21.89, subdivision 2, paragraph (a), clause (3), must 22.18 be accompanied by an application fee of $50. Initial labelers 22.19 holding seed fee permits covered under this paragraph need not 22.20 apply for a new permit or pay the application fee. Under this 22.21 permit category, the fees for the following kinds of 22.22 agricultural seed sold either in bulk or containers are: 22.23 (1) oats, wheat, barley: 6.3 cents per hundredweight; 22.24 (2) rye, field beans, soybeans, buckwheat, flax: 8.4 cents 22.25 per hundredweight; 22.26 (3) field corn: 29.4 cents per hundredweight; 22.27 (4) forage, lawn and turf grasses, legumes: 49 cents per 22.28 hundredweight; 22.29 (5) sunflower: $1.40 per hundredweight; 22.30 (6) sugar beet: $3.29 per hundredweight; and 22.31 (7) for any agricultural seed not listed in clauses (1) to 22.32 (6), the fee for the crop most closely resembling it in normal 22.33 planting rate applies. 22.34 (e) If, for reasons beyond the control and knowledge of the 22.35 initial labeler, seed is shipped into Minnesota by a person 22.36 other than the initial labeler, the responsibility for the seed 23.1 fees are transferred to the shipper. An application for a 23.2 transfer of this responsibility must be made to the 23.3 commissioner. Upon approval by the commissioner of the 23.4 transfer, the shipper is responsible for payment of the seed 23.5 permit fees. 23.6 (f) Seed permit fees may be included in the cost of the 23.7 seed either as a hidden cost or as a line item cost on each 23.8 invoice for seed sold. To identify the fee on an invoice, the 23.9 words, "Minnesota seed permit fees" must be used. 23.10 (g) All seed fee permit holders must file semiannual 23.11 reports with the commissioner, even if no seed was sold during 23.12 the reporting period. Each semiannual report must be submitted 23.13 within 30 days of the end of each reporting period. The 23.14 reporting periods are October 1 to March 31 and April 1 to 23.15 September 30 of each year or July 1 to December 31, and January 23.16 1 to June 30 of each year. Permit holders may change their 23.17 reporting periods with the approval of the commissioner. 23.18 (h) The holder of a seed fee permit must pay fees on all 23.19 seed for which the permit holder is the initial labeler and 23.20 which are covered by sections 21.80 to 21.92 and sold during the 23.21 reporting period. 23.22 (i) If a seed fee permit holder fails to submit a 23.23 semiannual report and pay the seed fee within 30 days after the 23.24 end of each reporting period, the commissioner shall assess a 23.25 penalty of $100 or eight percent, calculated on an annual basis, 23.26 of the fee due, whichever is greater, but no more than $500 for 23.27 each late semiannual report. A $15 penalty must be charged when 23.28 the semiannual report is late, even if no fee is due for the 23.29 reporting period. Seed fee permits may be revoked for failure 23.30 to comply with this subdivision or the Minnesota seed law. 23.31 Subd. 3. [HYBRID SEED CORN VARIETY REGISTRATION FEE.] In 23.32 accordance with section 21.90, subdivision 2, the fee for the 23.33 registration of each hybrid seed corn variety or blend is $50, 23.34 which must be paid at the time of registration. New hybrid seed 23.35 corn variety registrations received after March 1 and renewed 23.36 registrations of older varieties received after August 1 of each 24.1 year will have an annual registration fee of $75 per variety. 24.2 Subd. 4. [BRAND NAME REGISTRATION FEE.] The fee is $25 for 24.3 each variety registered for sale by brand name. 24.4 Sec. 33. Minnesota Statutes 2002, section 21.90, 24.5 subdivision 2, is amended to read: 24.6 Subd. 2. [FEES.] A record of each new hybrid seed field 24.7 corn variety to be sold in Minnesota shall be registered with 24.8 the commissioner byFebruaryMarch 1 of each year by the 24.9 originator or owner. Records of all other hybrid seed field 24.10 corn varieties sold in Minnesota shall be registered with the 24.11 commissioner by August 1 of each year by the originator or 24.12 owner. The commissioner shall establish the annual fee for 24.13 registration for each variety. The record shall include the 24.14 permanent designation of the hybrid as well as the day 24.15 classification and zone of adaptation, as determined under 24.16 subdivision 1, which the originator or owner declares to be the 24.17 zone in which the variety is adapted. In addition, at the time 24.18 of the first registration of a hybrid seed field corn variety, 24.19 the originator or owner shall include a sworn statement that the 24.20 declaration of the zone of adaptation was based on actual field 24.21 trials in that zone and that the field trials substantiate the 24.22 declaration as to the day and zone classifications to which the 24.23 variety is adapted. The name or number used to designate a 24.24 hybrid seed field corn variety in the registration is the only 24.25 name of all seed corn covered by or sold under that registration. 24.26 To assist in defraying the expenses of the Minnesota 24.27 agricultural experiment station in carrying out the provisions 24.28 of this section, there is appropriated and transferred annually 24.29 from the seed inspection account to the agricultural experiment 24.30 station a sum which shall equal 60 percent of the total revenue 24.31 from all hybrid seed field corn variety registrations. 24.32 Sec. 34. Minnesota Statutes 2002, section 21.901, is 24.33 amended to read: 24.34 21.901 [BRAND NAME REGISTRATION.] 24.35 The owner or originator of a variety of nonhybrid seed that 24.36 is to be sold in this state must annually register the variety 25.1 with the commissioner if the variety is to be sold only under a 25.2 brand name. The registration must include the brand name and 25.3 the variety of seed. The brand name for a blend or mixture need 25.4 not be registered. 25.5The fee is $15 for each variety registered for sale by25.6brand name.25.7 Sec. 35. Minnesota Statutes 2002, section 28A.08, 25.8 subdivision 3, is amended to read: 25.9 Subd. 3. [FEES EFFECTIVE JULY 1,19992003.] 25.10 Penalties 25.11 Type of food handler License Late No 25.12 Fee Renewal License 25.13 Effective 25.14 July 1, 25.15199925.16 2003 25.17 1. Retail food handler 25.18 (a) Having gross sales of only 25.19 prepackaged nonperishable food 25.20 of less than $15,000 for 25.21 the immediately previous 25.22 license or fiscal year and 25.23 filing a statement with the 25.24 commissioner$ 48$ 16$ 2725.25 $ 65 $ 21 $ 43 25.26 (b) Having under $15,000 gross 25.27 sales including food preparation 25.28 or having $15,000 to $50,000 25.29 gross sales for the immediately 25.30 previous license or fiscal year$ 65$ 16$ 2725.31 $ 88 $ 29 $ 58 25.32 (c) Having $50,000 to $250,000 25.33 gross sales for the immediately 25.34 previous license or fiscal year$126$ 37$ 8025.35 $170 $ 56 $112 25.36 (d) Having $250,000 to 26.1 $1,000,000 gross sales for the 26.2 immediately previous license or 26.3 fiscal year$216$ 54$10726.4 $292 $ 96 $193 26.5 (e) Having $1,000,000 to 26.6 $5,000,000 gross sales for the 26.7 immediately previous license or 26.8 fiscal year$601$107$18726.9 $812 $268 $536 26.10 (f) Having $5,000,000 to 26.11 $10,000,000 gross sales for the 26.12 immediately previous license or 26.13 fiscal year$842$161$32126.14 $1,137 $375 $750 26.15 (g) Having over $10,000,000 26.16 gross sales for the immediately 26.17 previous license or fiscal year$962$214$37526.18 $1,300 $429 $858 26.19 2. Wholesale food handler 26.20 (a) Having gross sales or 26.21 service of less than $25,000 26.22 for the immediately previous 26.23 license or fiscal year$ 54$ 16$ 1626.24 $ 73 $ 24 $ 48 26.25 (b) Having $25,000 to 26.26 $250,000 gross sales or 26.27 service for the immediately 26.28 previous license or fiscal year$241$ 54$10726.29 $326 $108 $215 26.30 (c) Having $250,000 to 26.31 $1,000,000 gross sales or 26.32 service from a mobile unit 26.33 without a separate food facility 26.34 for the immediately previous 26.35 license or fiscal year$361$ 80$16126.36 $488 $161 $322 27.1 (d) Having $250,000 to 27.2 $1,000,000 gross sales or 27.3 service not covered under 27.4 paragraph (c) for the immediately 27.5 previous license or fiscal year$480$107$21427.6 $648 $214 $428 27.7 (e) Having $1,000,000 to 27.8 $5,000,000 gross sales or 27.9 service for the immediately 27.10 previous license or fiscal year$601$134$26827.11 $812 $268 $536 27.12 (f) Having over $5,000,000 gross 27.13 sales for the immediately 27.14 previous license or fiscal year$692$161$32127.15 $935 $309 $617 27.16 3. Food broker$120$ 32$ 5427.17 $150 $ 50 $ 99 27.19 4. Wholesale food processor 27.20 or manufacturer 27.21 (a) Having gross sales of less 27.22 than $125,000 for the 27.23 immediately previous license 27.24 or fiscal year$161$ 54$10727.25 $217 $ 72 $143 27.26 (b) Having $125,000 to $250,000 27.27 gross sales for the immediately 27.28 previous license or fiscal year$332$ 80$16127.29 $448 $148 $296 27.31 (c) Having $250,001 to $1,000,000 27.32 gross sales for the immediately 27.33 previous license or fiscal year$480$107$21427.34 $648 $214 $428 27.35 (d) Having $1,000,001 to 27.36 5,000,000 gross sales for the 28.1 immediately previous license or 28.2 fiscal year$601$134$26828.3 $812 $268 $536 28.4 (e) Having $5,000,001 to 28.5 $10,000,000 gross sales for 28.6 the immediately previous 28.7 license or fiscal year$692$161$32128.8 $935 $309 $617 28.9 (f) Having over $10,000,000 28.10 gross sales for the immediately 28.11 previous license or fiscal year$963$214$37528.12 $1,301 $429 $859 28.13 5. Wholesale food processor of 28.14 meat or poultry products 28.15 under supervision of the 28.16 U. S. Department of Agriculture 28.17 (a) Having gross sales of less 28.18 than $125,000 for the 28.19 immediately previous license 28.20 or fiscal year$107$ 27$ 5428.21 $145 $ 48 $ 96 28.22 (b) Having $125,000 to 28.23 $250,000 gross sales for the 28.24 immediately previous license 28.25 or fiscal year$181$ 54$ 8028.26 $245 $ 81 $162 28.27 (c) Having $250,001 to 28.28 $1,000,000 gross sales for the 28.29 immediately previous license 28.30 or fiscal year$271$ 80$13428.31 $366 $121 $242 28.32 (d) Having $1,000,001 to 28.33 $5,000,000 gross sales 28.34 for the immediately previous 28.35 license or fiscal year$332$ 80$16128.36 $448 $148 $296 29.1 (e) Having $5,000,001 to 29.2 $10,000,000 gross sales for 29.3 the immediately previous 29.4 license or fiscal year$392$107$18729.5 $530 $175 $350 29.6 (f) Having over $10,000,000 29.7 gross sales for the immediately 29.8 previous license or fiscal year$535$161$26829.9 $723 $239 $477 29.10 6. Wholesale food processor or 29.11 manufacturer operating only at 29.12 the state fair $125 $ 40 $ 50 29.13 7. Wholesale food manufacturer 29.14 having the permission of the 29.15 commissioner to use the name 29.16 Minnesota Farmstead cheese $ 30 $ 10 $ 15 29.17 8. Nonresident frozen dairy 29.18 manufacturer $200 $ 50 $ 75 29.19 9. Wholesale food manufacturer 29.20 processing less than 700,000 29.21 pounds per year of raw milk $ 30 $ 10 $ 15 29.22 10. A milk marketing organization 29.23 without facilities for 29.24 processing or manufacturing 29.25 that purchases milk from milk 29.26 producers for delivery to a 29.27 licensed wholesale food 29.28 processor or manufacturer $ 50 $ 15 $ 25 29.29 Sec. 36. Minnesota Statutes 2002, section 28A.085, 29.30 subdivision 1, is amended to read: 29.31 Subdivision 1. [VIOLATIONS; PROHIBITED ACTS.] The 29.32 commissioner may charge a reinspection fee for each reinspection 29.33 of a food handler that: 29.34 (1) is found with a major violation of requirements in 29.35 chapter 28, 29, 30, 31, 31A, 32, 33, or 34, or rules adopted 29.36 under one of those chapters; 30.1 (2) is found with a violation of section 31.02, 31.161, or 30.2 31.165, and requires a follow-up inspection after an 30.3 administrative meeting held pursuant to section 31.14; or 30.4 (3) fails to correct equipment and facility deficiencies as 30.5 required in rules adopted under chapter 28, 29, 30, 31, 31A, 32, 30.6 or 34. The first reinspection of a firm with gross food sales 30.7 under $1,000,000 must be assessed at$25$75. The fee for a 30.8 firm with gross food sales over $1,000,000 is$50$100. The fee 30.9 for a subsequent reinspection of a firm for the same violation 30.10 is 50 percent of their current license fee or $200, whichever is 30.11 greater. The establishment must be issued written notice of 30.12 violations with a reasonable date for compliance listed on the 30.13 notice. An initial inspection relating to a complaint is not a 30.14 reinspection. 30.15 Sec. 37. Minnesota Statutes 2002, section 28A.09, 30.16 subdivision 1, is amended to read: 30.17 Subdivision 1. [ANNUAL FEE; EXCEPTIONS.] Every 30.18 coin-operated food vending machine is subject to an annual state 30.19 inspection fee of$15$25 for each nonexempt machine except nut 30.20 vending machines which are subject to an annual state inspection 30.21 fee of$5$10 for each machine, provided that: 30.22 (a) Food vending machines may be inspected by either a home 30.23 rule charter or statutory city, or a county, but not both, and 30.24 if inspected by a home rule charter or statutory city, or a 30.25 county they shall not be subject to the state inspection fee, 30.26 but the home rule charter or statutory city, or the county may 30.27 impose an inspection or license fee of no more than the state 30.28 inspection fee. A home rule charter or statutory city or county 30.29 that does not inspect food vending machines shall not impose a 30.30 food vending machine inspection or license fee. 30.31 (b) Vending machines dispensing only gum balls, hard candy, 30.32 unsorted candy, or ice manufactured and packaged by another 30.33 shall be exempt from the state inspection fee, but may be 30.34 inspected by the state. A home rule charter or statutory city 30.35 may impose by ordinance an inspection or license fee of no more 30.36 than the state inspection fee for nonexempt machines on the 31.1 vending machines described in this paragraph. A county may 31.2 impose by ordinance an inspection or license fee of no more than 31.3 the state inspection fee for nonexempt machines on the vending 31.4 machines described in this paragraph which are not located in a 31.5 home rule charter or statutory city. 31.6 (c) Vending machines dispensing only bottled or canned soft 31.7 drinks are exempt from the state, home rule charter or statutory 31.8 city, and county inspection fees, but may be inspected by the 31.9 commissioner or the commissioner's designee. 31.10 Sec. 38. Minnesota Statutes 2002, section 32.394, 31.11 subdivision 8, is amended to read: 31.12 Subd. 8. [GRADE A INSPECTION FEES.] A processor or 31.13 marketing organization of milk, milk products, sheep milk, or 31.14 goat milk who wishes to market Grade A milk or use the Grade A 31.15 label must apply for Grade A inspection service from the 31.16 commissioner. A pasteurization plant requesting Grade A 31.17 inspection service must hold a Grade A permit and pay an annual 31.18 inspection fee of no more than $500. For Grade A farm 31.19 inspection service, the fee must be no more than $50 per farm, 31.20 paid annually by the processor or by the marketing organization 31.21 on behalf of its patrons. For a farm requiring a reinspection 31.22 in addition to the required biannual inspections, an additional 31.23 fee ofno more than $25$45 per reinspection must be paid by the 31.24 processor or by the marketing organization on behalf of its 31.25 patrons.The Grade A farm inspection fee must not exceed the31.26lesser of (1) 40 percent of the department's actual average cost31.27per farm inspection or reinspection; or (2) the dollar limits31.28set in this subdivision. No fee increase may be implemented31.29until after the commissioner has held three or more public31.30hearings.31.31 Sec. 39. Minnesota Statutes 2002, section 32.394, 31.32 subdivision 8b, is amended to read: 31.33 Subd. 8b. [MANUFACTURING GRADE FARM CERTIFICATION.] A 31.34 processor or marketing organization of milk, milk products, 31.35 sheep milk, or goat milk who wishes to market other than Grade A 31.36 milk must apply for a manufacturing grade farm certification 32.1 inspection from the commissioner. A manufacturing plant that 32.2 pasteurizes milk or milk by-products must pay an annual fee 32.3 based on the number of pasteurization units. This fee must not 32.4 exceed $140 per unit. The fee for farm certification inspection 32.5 must not be more than $25 per farm to be paid annually by the 32.6 processor or by the marketing organization on behalf of its 32.7 patrons. For a farm requiring more than the one inspection for 32.8 certification, a reinspection fee ofno more than $25$45 must 32.9 be paid by the processor or by the marketing organization on 32.10 behalf of its patrons.The fee must be set by the commissioner32.11in an amount necessary to cover 40 percent of the department's32.12actual cost of providing the annual inspection but must not32.13exceed the limits in this subdivision. No fee increase may be32.14implemented until after the commissioner has held three or more32.15public hearings.32.16 Sec. 40. Minnesota Statutes 2002, section 32.394, 32.17 subdivision 8d, is amended to read: 32.18 Subd. 8d. [PROCESSOR ASSESSMENT.] (a) A manufacturer shall 32.19 pay to the commissioner a fee for fluid milk processed and milk 32.20 used in the manufacture of fluid milk products sold for retail 32.21 sale in Minnesota. Beginning May 1, 1993, the fee is six cents32.22per hundredweight. If the commissioner determines that a32.23different fee,in an amount not less than five cents and not 32.24 more than nine cents per hundredweight, when combined with32.25general fund appropriations and fees charged under sections32.2631.39 and 32.394, subdivision 8, is needed to provide adequate32.27funding for the Grades A and B inspection programs and the32.28administration and enforcement of Laws 1993, chapter 65, the32.29commissioner may, by rule, change the fee on processors within32.30the range provided within this subdivisionas set by the 32.31 commissioner's order except that beginning July 1, 2003, the fee 32.32 is set at seven cents per hundredweight and thereafter no change 32.33 within any 12-month period may be in excess of one cent per 32.34 hundredweight. 32.35 (b) Processors must report quantities of milk processed 32.36 under paragraph (a) on forms provided by the commissioner. 33.1 Processor fees must be paid monthly. The commissioner may 33.2 require the production of records as necessary to determine 33.3 compliance with this subdivision. 33.4 (c) The commissioner may create within the department a 33.5 dairy consulting program to provide assistance to dairy 33.6 producers who are experiencing problems meeting the sanitation 33.7 and quality requirements of the dairy laws and rules. 33.8 The commissioner may use money appropriated from the dairy 33.9 services account created in subdivision 9 to pay for the program 33.10 authorized in this paragraph. 33.11 Sec. 41. Minnesota Statutes 2002, section 35.155, is 33.12 amended to read: 33.13 35.155 [CERVIDAE IMPORT RESTRICTIONS.] 33.14(a)A person must not import cervidae into the state from a 33.15 herd that is infected or exposed to chronic wasting disease or 33.16 from a known chronic wasting disease endemic area, as determined 33.17 by the board. A person may import cervidae into the state only 33.18 from a herd that is not in a known chronic wasting disease 33.19 endemic area, as determined by the board, and the herd has been 33.20 subject to a state or provincial approved chronic wasting 33.21 disease monitoring program for at least three years. Cervidae 33.22 imported in violation of this section may be seized and 33.23 destroyed by the commissioner of natural resources. 33.24(b) This section expires on June 1, 2003.33.25 [EFFECTIVE DATE.] This section is effective the day 33.26 following final enactment. 33.27 Sec. 42. Minnesota Statutes 2002, section 38.02, 33.28 subdivision 1, is amended to read: 33.29 Subdivision 1. [PRO RATA DISTRIBUTION; CONDITIONS.] 33.30(1)(a) Money appropriated to aid county and district 33.31 agricultural societies and associations shall be distributed 33.32 among all county and district agricultural societies or 33.33 associations in the state pro rata, upon condition that each of 33.34 them has complied with the conditions specified inclause33.35(2)paragraph (b). 33.36(2)(b) To be eligible to participate insuchthe 34.1 distribution of aid, eachsuchagricultural society or 34.2 association(a)shall have: 34.3 (1) held an annual fair for each of the three years last 34.4 past, unless prevented from doing so because of a calamity or an 34.5 epidemic declared by the board of health as defined in section 34.6 145A.02, subdivision 2, or the state commissioner of health to 34.7 exist;(b) shall have34.8 (2) an annual membership of 25 or more;(c) shall have34.9 (3) paid out to exhibitors for premiums awarded at the last 34.10 fair held a sum not less than the amount to be received from the 34.11 state;(d) shall have34.12 (4) published and distributed not less than three weeks 34.13 before the opening day of the fair a premium list, listing all 34.14 items or articles on which premiums are offered and the amounts 34.15 of such premiums and shall have paid premiums pursuant to the 34.16 amount shown for each article or item to be exhibited; provided 34.17 that premiums for school exhibits may be advertised in the 34.18 published premium list by reference to a school premium list 34.19 prepared and circulated during the preceding school year; and 34.20 shall have collected all fees charged for entering an exhibit at 34.21 the time the entry was made and in accordance with schedule of 34.22 entry fees to be charged as published in the premium list;(e)34.23shall have34.24 (5) paid not more than one premium on each article or item 34.25 exhibited, excluding championship or sweepstake awards, and 34.26 excluding the payment of open class premium awards to 4H Club 34.27 exhibits which at this same fair had won a first prize award in 34.28 regular 4H Club competition;(f) shall haveand 34.29 (6) submitted its records and annual report to the 34.30 commissioner of agriculture on a form provided by the 34.31 commissioner of agriculture, on or before the first day of 34.32 November of thecurrentyear in which the fair was held. 34.33(3)(c) All payments authorized under the provisions of 34.34 this chapter shall be made only upon the presentation by the 34.35 commissioner of agriculture with the commissioner of finance of 34.36 a statement of premium allocations. As used herein the term 35.1 premium shall mean the cash award paid to an exhibitor for the 35.2 merit of an exhibit of livestock, livestock products, grains, 35.3 fruits, flowers, vegetables, articles of domestic science, 35.4 handicrafts, hobbies, fine arts, and articles made by school 35.5 pupils, or the cash award paid to the merit winner of events 35.6 such as 4H Club or Future Farmer Contest, Youth Group Contests, 35.7 school spelling contests and school current events contests, the 35.8 award corresponding to the amount offered in the advertised 35.9 premium list referred to in schedule 2. Payments of awards for 35.10 horse races, ball games, musical contests, talent contests, 35.11 parades, and for amusement features for which admission is 35.12 charged, are specifically excluded from consideration as 35.13 premiums within the meaning of that term as used herein. Upon 35.14 receipt of the statement by the commissioner of agriculture,it35.15shall be the duty ofthe commissioner of financetoshall draw a 35.16 voucher in favor of the agricultural society or association for 35.17 the amount to which it is entitled under the provisions of this 35.18 chapter, which. The amount shall be computed as follows: On 35.19 the first $750 premiums paid by each society or association at 35.20 the last fair held,suchthe society or association shall 35.21 receive 100 percent reimbursement; on the second $750 premiums 35.22 paid, 80 percent; on the third $750 premiums paid, 60 percent; 35.23 and on any sum in excess of $2,250, 40 percent. The 35.24 commissioner of finance shall make payments not later than July 35.25 15 of the year following the calendar year in which the annual 35.26 fair was held. 35.27(4)(d) If the total amount of state aid to which the 35.28 agricultural societies and associations are entitled under the 35.29 provisions of this chapter exceeds the amount of the 35.30 appropriation therefor, the amounts to which the societies or 35.31 associations are entitled shall be prorated so that the total 35.32 payments by the state will not exceed the appropriation. 35.33 Sec. 43. Minnesota Statutes 2002, section 41A.09, 35.34 subdivision 1, is amended to read: 35.35 Subdivision 1. [APPROPRIATION.] A sum sufficient to make 35.36 the payments required by this section is annually appropriated 36.1 from the general fund to the commissioner of agricultureand all36.2money so appropriated is available until expendedfor purposes 36.3 of developing ethanol production in Minnesota. 36.4 Sec. 44. Minnesota Statutes 2002, section 41A.09, 36.5 subdivision 2a, is amended to read: 36.6 Subd. 2a. [DEFINITIONS.] For the purposes of this section, 36.7 the terms defined in this subdivision have the meanings given 36.8 them. 36.9 (a) "Ethanol" means fermentation ethyl alcohol derived from 36.10 agricultural products, including potatoes, cereal,grains, 36.11 cheese whey, and sugar beets; forest products; or other 36.12 renewable resources, including residue and waste generated from 36.13 the production, processing, and marketing of agricultural 36.14 products, forest products, and other renewable resources, that: 36.15 (1) meets all of the specifications in ASTM specification D 36.16 4806-88; and 36.17 (2) is denatured as specified in Code of Federal 36.18 Regulations, title 27, parts 20 and 21. 36.19 (b)"Wet alcohol" means agriculturally derived fermentation36.20ethyl alcohol having a purity of at least 50 percent but less36.21than 99 percent.36.22(c) "Anhydrous alcohol" means fermentation ethyl alcohol36.23derived from agricultural products as described in paragraph36.24(a), but that does not meet ASTM specifications or is not36.25denatured and is shipped in bond for further processing.36.26(d)"Ethanol plant" means a plant at which ethanol,36.27anhydrous alcohol, or wet alcoholis produced. 36.28 (c) "Commissioner" means the commissioner of agriculture. 36.29 Sec. 45. Minnesota Statutes 2002, section 41A.09, 36.30 subdivision 3a, is amended to read: 36.31 Subd. 3a. [ETHANOL PRODUCER PAYMENTS.] (a) The 36.32 commissionerof agricultureshall make cash payments to 36.33 producers of ethanol, anhydrous alcohol, and wet alcohollocated 36.34 in the state. These payments shall apply only to ethanol,36.35anhydrous alcohol, and wet alcohol fermented in the state and36.36produced at plantsthat have begun production by June 30, 2000. 37.1 For the purpose of this subdivision, an entity that holds a 37.2 controlling interest in more than one ethanol plant is 37.3 considered a single producer. The amount of the payment for 37.4 each producer's annual production,is:37.5(1)except as provided in paragraph(b)(c), is 20 cents 37.6 per gallon for each gallon of ethanolor anhydrous alcohol37.7 produced on or before June 30, 2000, or ten years after the 37.8 start of production, whichever is later, 19 cents per gallon;37.9and37.10(2) for each gallon produced of wet alcohol on or before37.11June 30, 2000, or ten years after the start of production,37.12whichever is later, a payment in cents per gallon calculated by37.13the formula "alcohol purity in percent divided by five," and37.14rounded to the nearest cent per gallon, but not less than 1137.15cents per gallon.37.16The producer payments for anhydrous alcohol and wet alcohol37.17under this section may be paid to either the original producer37.18of anhydrous alcohol or wet alcohol or the secondary processor,37.19at the option of the original producer, but not to both. 37.20 The first claim for production after June 30, 2003, must be 37.21 accompanied by a disclosure statement on a form provided by the 37.22 commissioner. The disclosure statement must include a detailed 37.23 description of the organization of the business structure of the 37.24 claimant listing the percentages of ownership by any person or 37.25 other entity with an ownership interest of five percent or 37.26 greater, the distribution of income received by the claimant, 37.27 including operating income and payments under this subdivision, 37.28 and any other relevant financial information requested by the 37.29 commissioner. The disclosure statement must include information 37.30 sufficient to demonstrate that a majority of the ultimate 37.31 beneficial interest in the entity receiving payments under this 37.32 section is owned by farmers or spouses of farmers, as defined in 37.33 section 500.24, residing in Minnesota. Subsequent quarterly 37.34 claims must report changes in ownership. Payments must not be 37.35 made to a claimant that has less than a majority of Minnesota 37.36 farmer control; provided, however, a claimant located in a city 38.1 of the first class which qualifies for payments in all other 38.2 respects is not subject to this condition. Information provided 38.3 under this paragraph is nonpublic data under section 13.02, 38.4 subdivision 9. 38.5 (b) No payments shall be made for ethanol production that 38.6 occurs after June 30, 2010. Nonetheless, catch-up payments may 38.7 be made either before or after June 30, 2010, for production 38.8 prior to June 30, 2010, if payments in the earlier quarters were 38.9 reduced because appropriated money was insufficient to make 38.10 timely payments in the amount provided in paragraph (a) to all 38.11 eligible producers. 38.12(b)(c) If the level of production at an ethanol plant 38.13 increases due to an increase in the production capacity of the 38.14 plant, the payment under paragraph (a), clause (1),applies to 38.15 the additional increment of production until ten years after the 38.16 increased production began. Once a plant's production capacity 38.17 reaches 15,000,000 gallons per year, no additional increment 38.18 will qualify for the payment. 38.19(c) The commissioner shall make payments to producers of38.20ethanol or wet alcohol in the amount of 1.5 cents for each38.21kilowatt hour of electricity generated using closed-loop biomass38.22in a cogeneration facility at an ethanol plant located in the38.23state. Payments under this paragraph shall be made only for38.24electricity generated at cogeneration facilities that begin38.25operation by June 30, 2000. The payments apply to electricity38.26generated on or before the date ten years after the producer38.27first qualifies for payment under this paragraph. Total38.28payments under this paragraph in any fiscal year may not exceed38.29$750,000. For the purposes of this paragraph:38.30(1) "closed-loop biomass" means any organic material from a38.31plant that is planted for the purpose of being used to generate38.32electricity or for multiple purposes that include being used to38.33generate electricity; and38.34(2) "cogeneration" means the combined generation of:38.35(i) electrical or mechanical power; and38.36(ii) steam or forms of useful energy, such as heat, that39.1are used for industrial, commercial, heating, or cooling39.2purposes.39.3(d) Payments under paragraphs (a) and (b) to all39.4producers may not exceed $35,150,000 in a fiscal year.(d) Total 39.5 payments under paragraphs (a) and(b)(c) to a producer in a 39.6 fiscal year may not exceed$2,850,000$3,000,000. 39.7 (e) By the last day of October, January, April, and July, 39.8 each producer shall file a claim for payment for ethanol,39.9anhydrous alcohol, and wet alcoholproduction during the 39.10 preceding three calendar months.A producer with more than one39.11plant shall file a separate claim for each plant.A producer 39.12 that files a claim under this subdivision shall include a 39.13 statement of the producer's total ethanol, anhydrous alcohol,39.14and wet alcoholproduction in Minnesota during the quarter 39.15 covered by the claim, including anhydrous alcohol and wet39.16alcoholproduced or received from an outside source.A producer39.17shall file a separate claim for any amount claimed under39.18paragraph (c).For each claim and statement of total ethanol,39.19anhydrous alcohol, and wet alcoholproduction filed under this 39.20 subdivision, the volume of ethanol, anhydrous alcohol, and wet39.21alcoholproductionor amounts of electricity generated using39.22closed-loop biomassmust be examined by an independent certified 39.23 public accountant in accordance with standards established by 39.24 the American Institute of Certified Public Accountants. 39.25 (f) Payments shall be made November 15, February 15, May 39.26 15, and August 15. A separate payment shall be made for each 39.27 claim filed.Except as provided in paragraph (j),The total 39.28 quarterly payment to a producer under this paragraph, excluding39.29amounts paid under paragraph (c),may not exceed $750,000. 39.30(g) If the total amount for which all producers are39.31eligible in a quarter under paragraph (c) exceeds the amount39.32available for payments, the commissioner shall make payments in39.33the order in which the plants covered by the claims began39.34generating electricity using closed-loop biomass.39.35(h) After July 1, 1997, new production capacity is only39.36eligible for payment under this subdivision if the commissioner40.1receives:40.2(1) an application for approval of the new production40.3capacity;40.4(2) an appropriate letter of long-term financial commitment40.5for construction of the new production capacity; and40.6(3) copies of all necessary permits for construction of the40.7new production capacity.40.8The commissioner may approve new production capacity based40.9on the order in which the applications are received.40.10(i)(g) The commissioner may not approve any new production 40.11 capacity after July 1, 1998, except that a producer with an 40.12 approved production capacity of at least 12,000,000 gallons per 40.13 year but less than 15,000,000 gallons per year prior to July 1, 40.14 1998, is approved for 15,000,000 gallons of production capacity. 40.15(j) Notwithstanding the quarterly payment limits of40.16paragraph (f), the commissioner shall make an additional payment40.17in the eighth quarter of each fiscal biennium to ethanol40.18producers for the lesser of: (1) 19 cents per gallon of40.19production in the eighth quarter of the biennium that is greater40.20than 3,750,000 gallons; or (2) the total amount of payments lost40.21during the first seven quarters of the biennium due to plant40.22outages, repair, or major maintenance. Total payments to an40.23ethanol producer in a fiscal biennium, including any payment40.24under this paragraph, must not exceed the total amount the40.25producer is eligible to receive based on the producer's approved40.26production capacity. The provisions of this paragraph apply40.27only to production losses that occur in quarters beginning after40.28December 31, 1999.40.29(k)(h) For the purposes of this subdivision "new 40.30 production capacity" means annual ethanol production capacity 40.31 that was not allowed under a permit issued by the pollution 40.32 control agency prior to July 1, 1997, or for which construction 40.33 did not begin prior to July 1, 1997. 40.34 Sec. 46. Minnesota Statutes 2002, section 41A.09, is 40.35 amended by adding a subdivision to read: 40.36 Subd. 3b. [LIMITATION ON ELIGIBILITY FOR PAYMENTS.] A 41.1 producer of ethanol is eligible for ethanol producer payments 41.2 under subdivision 3a only while the producer is in compliance 41.3 with the shareholder rights provisions of subdivision 3c. 41.4 Sec. 47. Minnesota Statutes 2002, section 41A.09, is 41.5 amended by adding a subdivision to read: 41.6 Subd. 3c. [BUSINESS ASSOCIATIONS PRODUCING ETHANOL; 41.7 SHAREHOLDER RIGHTS.] (a) A business association organized under 41.8 chapter 302A, 308A, or 322B that receives 25 percent or more of 41.9 its gross revenues from the sale of fuel-grade ethanol must 41.10 comply with this subdivision in addition to other applicable 41.11 state and federal laws. 41.12 (b) The provisions of the chapter of Minnesota Statutes 41.13 under which the business organization is established and any 41.14 amendments or successor requirements to that chapter apply to 41.15 every business association identified in paragraph (a). The 41.16 rights granted in this subdivision also apply to the spouse of 41.17 the shareholder. In addition to other requirements of law, a 41.18 business association must maintain records of all proceedings of 41.19 meetings of shareholders and directors during the previous 41.20 three-year period, including the vote of each director on roll 41.21 call votes. Roll call votes are required on actions that 41.22 directly establish marketing agreements, operational contracts, 41.23 and shareholder dividend payments. Roll call voting is also 41.24 required on any matter upon the request of one or more 41.25 directors. Every duly elected director of a business 41.26 association identified in paragraph (a) has the right to 41.27 inspect, in person and at any reasonable time, the business 41.28 records required by this paragraph. 41.29 (c) Meetings of the board of directors must be open to the 41.30 shareholders of the business and the shareholders' spouses. 41.31 Shareholders must be given notice of all scheduled meetings 41.32 except those of an emergency nature. Portions of meetings 41.33 relating to labor negotiations, current litigation, and 41.34 personnel matters are excluded from the provisions of this 41.35 paragraph. 41.36 (d) Notwithstanding the provisions of other law, upon 42.1 receipt of a written petition concerning governance matters 42.2 signed by at least 50 shareholders or five percent of the 42.3 shareholders, whichever is less, of a business association, the 42.4 matter in the petition must be presented to the shareholders for 42.5 a vote at the next annual or special meeting. A shareholder 42.6 wishing to have a matter heard at an annual or special meeting 42.7 must submit the petition to the business association not less 42.8 than 60 days prior to the scheduled annual meeting or special 42.9 meeting. For purposes of this subdivision, "governance matters" 42.10 means matters properly contained in the articles of 42.11 incorporation or bylaws by adopting, amending, or repealing 42.12 bylaws or the articles of incorporation. 42.13 (e) If the directors of a business association provide 42.14 information to shareholders to influence their votes on a matter 42.15 to be decided by a vote of the shareholders under a successful 42.16 petition submitted under paragraph (d), the directors must 42.17 provide the organizers of the petition or person presenting the 42.18 petition equal time and opportunity to include their position on 42.19 the matter to the shareholders in a substantially similar mode 42.20 and range of distribution. The organizers of the petition must 42.21 pay the costs of inclusion of their position. 42.22 (f) A business association subject to this subdivision must 42.23 include in its bylaws a provision allowing each duly elected 42.24 board member access to each current ethanol marketing contract 42.25 or operating contract entered into by the business association 42.26 and transactions conducted under the marketing contract. 42.27 Further, the bylaws must provide that each current ethanol 42.28 marketing or operating contract, and all ethanol marketing and 42.29 operating contracts in effect during the previous two years, and 42.30 transactions conducted under the marketing contracts, be made 42.31 available for examination by the commissioner of agriculture or 42.32 the commissioner's designated representative. Marketing and 42.33 operating information examined by the commissioner or the 42.34 commissioner's designated representative is nonpublic data under 42.35 section 13.02, subdivision 9. 42.36 (g) A business association subject to this subdivision that 43.1 is organized after the effective date of this section must 43.2 include the provisions of this section in its bylaws or articles 43.3 of incorporation. A business association in existence prior to 43.4 the effective date of this subdivision must adopt amendments to 43.5 its bylaws or articles of incorporation in compliance with these 43.6 provisions not later than 12 months after the effective date. 43.7 Sec. 48. Minnesota Statutes 2002, section 116.07, 43.8 subdivision 7a, is amended to read: 43.9 Subd. 7a. [NOTICE OF APPLICATION FOR LIVESTOCK FEEDLOT 43.10 PERMIT.] (a) A person who applies to the pollution control 43.11 agency or a county board for a permit to construct or expand a 43.12 feedlot with a capacity of 500 animal units or more shall, 43.13 notlaterless than ten business daysafter the application is43.14submittedbefore the date on which a permit is issued, provide 43.15 notice to each resident and each owner of real property within 43.16 5,000 feet of the perimeter of the proposed feedlot. The notice 43.17 may be delivered by first class mail, in person, or by the 43.18 publication in a newspaper of general circulation within the 43.19 affected area and must include information on the type of 43.20 livestock and the proposed capacity of the feedlot. 43.21 Notification under this subdivision is satisfied under an equal 43.22 or greater notification requirement of a county conditional use 43.23 permit. 43.24 (b) The agency or a county board must verify that notice 43.25 was provided as required under paragraph (a) prior to issuing a 43.26 permit. 43.27 Sec. 49. Minnesota Statutes 2002, section 116D.04, 43.28 subdivision 2a, is amended to read: 43.29 Subd. 2a. Where there is potential for significant 43.30 environmental effects resulting from any major governmental 43.31 action, the action shall be preceded by a detailed environmental 43.32 impact statement prepared by the responsible governmental unit. 43.33 The environmental impact statement shall be an analytical rather 43.34 than an encyclopedic document which describes the proposed 43.35 action in detail, analyzes its significant environmental 43.36 impacts, discusses appropriate alternatives to the proposed 44.1 action and their impacts, and explores methods by which adverse 44.2 environmental impacts of an action could be mitigated. The 44.3 environmental impact statement shall also analyze those 44.4 economic, employment and sociological effects that cannot be 44.5 avoided should the action be implemented. To ensure its use in 44.6 the decision making process, the environmental impact statement 44.7 shall be prepared as early as practical in the formulation of an 44.8 action. 44.9 (a) The board shall by rule establish categories of actions 44.10 for which environmental impact statements and for which 44.11 environmental assessment worksheets shall be prepared as well as 44.12 categories of actions for which no environmental review is 44.13 required under this section. 44.14 (b) The responsible governmental unit shall promptly 44.15 publish notice of the completion of an environmental assessment 44.16 worksheet in a manner to be determined by the board and shall 44.17 provide copies of the environmental assessment worksheet to the 44.18 board and its member agencies. Comments on the need for an 44.19 environmental impact statement may be submitted to the 44.20 responsible governmental unit during a 30 day period following 44.21 publication of the notice that an environmental assessment 44.22 worksheet has been completed. The responsible governmental 44.23 unit's decision on the need for an environmental impact 44.24 statement shall be based on the environmental assessment 44.25 worksheet and the comments received during the comment period, 44.26 and shall be made within 15 days after the close of the comment 44.27 period. The board's chair may extend the 15 day period by not 44.28 more than 15 additional days upon the request of the responsible 44.29 governmental unit. 44.30 (c) An environmental assessment worksheet shall also be 44.31 prepared for a proposed action whenever material evidence 44.32 accompanying a petition by not less than 25 individuals, 44.33 submitted before the proposed project has received final 44.34 approval by the appropriate governmental units, demonstrates 44.35 that, because of the nature or location of a proposed action, 44.36 there may be potential for significant environmental effects. 45.1 Petitions requesting the preparation of an environmental 45.2 assessment worksheet shall be submitted to the board. The chair 45.3 of the board shall determine the appropriate responsible 45.4 governmental unit and forward the petition to it. A decision on 45.5 the need for an environmental assessment worksheet shall be made 45.6 by the responsible governmental unit within 15 days after the 45.7 petition is received by the responsible governmental unit. The 45.8 board's chair may extend the 15 day period by not more than 15 45.9 additional days upon request of the responsible governmental 45.10 unit. Except in an environmentally sensitive location where 45.11 Minnesota Rules, part 4410.4300, subpart 29, item B, applies, 45.12 the proposed action is exempt from Minnesota Rules, parts 45.13 4410.0200 to 4410.6500, if: 45.14 (1) it is: 45.15 (i) an animal feedlot facility with a capacity of less than 45.16 1,000 animal units; or 45.17 (ii) an expansion of an existing animal feedlot facility by 45.18 less than 1,000 animal units; and 45.19 (2) the application for the animal feedlot facility 45.20 includes a written commitment by the proposer to design, 45.21 construct, and operate the facility in full compliance with 45.22 Minnesota Rules, chapter 7020. 45.23 (d) The board may, prior to final approval of a proposed 45.24 project, require preparation of an environmental assessment 45.25 worksheet by a responsible governmental unit selected by the 45.26 board for any action where environmental review under this 45.27 section has not been specifically provided for by rule or 45.28 otherwise initiated. 45.29 (e) An early and open process shall be utilized to limit 45.30 the scope of the environmental impact statement to a discussion 45.31 of those impacts, which, because of the nature or location of 45.32 the project, have the potential for significant environmental 45.33 effects. The same process shall be utilized to determine the 45.34 form, content and level of detail of the statement as well as 45.35 the alternatives which are appropriate for consideration in the 45.36 statement. In addition, the permits which will be required for 46.1 the proposed action shall be identified during the scoping 46.2 process. Further, the process shall identify those permits for 46.3 which information will be developed concurrently with the 46.4 environmental impact statement. The board shall provide in its 46.5 rules for the expeditious completion of the scoping process. 46.6 The determinations reached in the process shall be incorporated 46.7 into the order requiring the preparation of an environmental 46.8 impact statement. 46.9 (f) Whenever practical, information needed by a 46.10 governmental unit for making final decisions on permits or other 46.11 actions required for a proposed project shall be developed in 46.12 conjunction with the preparation of an environmental impact 46.13 statement. 46.14 (g) An environmental impact statement shall be prepared and 46.15 its adequacy determined within 280 days after notice of its 46.16 preparation unless the time is extended by consent of the 46.17 parties or by the governor for good cause. The responsible 46.18 governmental unit shall determine the adequacy of an 46.19 environmental impact statement, unless within 60 days after 46.20 notice is published that an environmental impact statement will 46.21 be prepared, the board chooses to determine the adequacy of an 46.22 environmental impact statement. If an environmental impact 46.23 statement is found to be inadequate, the responsible 46.24 governmental unit shall have 60 days to prepare an adequate 46.25 environmental impact statement. 46.26 Sec. 50. Minnesota Statutes 2002, section 116D.04, 46.27 subdivision 10, is amended to read: 46.28 Subd. 10. Decisions on the need for an environmental 46.29 assessment worksheet, the need for an environmental impact 46.30 statement and the adequacy of an environmental impact statement 46.31 may be reviewed by a declaratory judgment action in thedistrict46.32 court ofthe county wherein the proposed action, or any part46.33thereof, would be undertakenappeals brought by any person 46.34 aggrieved by the decision. Judicial review under this section 46.35 shall be initiated within 30 days after the governmental unit 46.36 makes the decision, and a bond may be required under section 47.1 562.02 unless at the time of hearing on the application for the 47.2 bond the plaintiff has shown that the claim has sufficient 47.3 possibility of success on the merits to sustain the burden 47.4 required for the issuance of a temporary restraining order. 47.5 Nothing in this section shall be construed to alter the 47.6 requirements for a temporary restraining order or a preliminary 47.7 injunction pursuant to the Minnesota rules of civil procedure 47.8 for district courts. The board may initiate judicial review of 47.9 decisions referred to herein and may intervene as of right in 47.10 any proceeding brought under this subdivision. 47.11 Sec. 51. Minnesota Statutes 2002, section 116D.04, 47.12 subdivision 11, is amended to read: 47.13 Subd. 11. If the board or governmental unit which is 47.14 required to act within a time period specified in this section 47.15 fails to so act, any person may seekan order of the district47.16courtrelief through the court of appeals requiring the board or 47.17 governmental unit to immediately take the action mandated by 47.18 subdivisions 2a and 3a. The court of appeals shall make a 47.19 decision based on the information and record supplied by the 47.20 responsible governmental unit. 47.21 Sec. 52. Minnesota Statutes 2002, section 116D.04, 47.22 subdivision 13, is amended to read: 47.23 Subd. 13. This section may be enforced byinjunction,47.24action to compel performance, or otherappropriate action in the 47.25district court of the county where the violation takes47.26placecourt of appeals. The court of appeals shall have full 47.27 jurisdiction to hear and determine the matter appealed. The 47.28 proceeding may be governed by the Rules of Civil Appellate 47.29 Procedure. Upon the request of the board or the chair of the 47.30 board, the attorney general may bring an action under this 47.31 subdivision. 47.32 Sec. 53. Minnesota Statutes 2002, section 116O.09, 47.33 subdivision 1, is amended to read: 47.34 Subdivision 1. [ESTABLISHMENT.] The agricultural 47.35utilization research instituteinnovation center is established 47.36as a nonprofit corporation under section 501(c)(3) of the48.1Internal Revenue Code of 1986, as amended. The agricultural48.2utilization research institute shallwithin the department of 48.3 agriculture to promote the establishment of new products and 48.4 product uses and the expansion of existing markets for the 48.5 state's agricultural commodities and products, including direct 48.6 financial and technical assistance for Minnesota entrepreneurs. 48.7 Theinstitute must be located near an existing agricultural48.8research facility in the agricultural region of the48.9statecommissioner must establish or maintain facilities for the 48.10 center. The center shall work with private and public entities 48.11 to leverage the resources available to achieve maximum results 48.12 for Minnesota agriculture. 48.13 Sec. 54. Minnesota Statutes 2002, section 116O.09, 48.14 subdivision 1a, is amended to read: 48.15 Subd. 1a. [BOARD OF DIRECTORS.] The board of directors of 48.16 the agriculturalutilization research instituteinnovation 48.17 center is comprised of: 48.18 (1) the chairs of the senate and the house of 48.19 representatives standing committees with jurisdiction over 48.20 agriculturepolicyfinance or the chair's designee who shall be 48.21 nonvoting members of the board; 48.22 (2) the commissioner or the commissioner's designee; 48.23 (3) the dean of the college of agriculture of the 48.24 University of Minnesota or the dean's representative; 48.25(2)(4) two representatives of statewide farm organizations 48.26 appointed by the commissioner; 48.27(3)(5) two representatives of agribusiness, one of whom is48.28a member of the Minnesota Technology, Inc. board representing48.29agribusinessappointed by the commissioner; and 48.30(4)(6) three representatives of the commodity promotion 48.31 councils appointed by the commissioner. 48.32 A member of the board of directors under clauses(1) to(4) 48.33 to (6), including a member serving on July 1, 2003, may 48.34designate a permanent or temporary replacement member48.35representing the same constituencyserve for a maximum of two 48.36 three-year terms. Board members appointed by the commissioner 49.1 serve at the pleasure of the governor. The board's compensation 49.2 is governed by section 15.0575, subdivision 3. 49.3 Sec. 55. Minnesota Statutes 2002, section 116O.09, 49.4 subdivision 2, is amended to read: 49.5 Subd. 2. [DUTIES.] (a) In addition to the duties and 49.6 powers assigned to the institutes in section 116O.08, the 49.7 agriculturalutilization research instituteinnovation center 49.8 shall: 49.9 (1) identifythe various market segments characterized by49.10Minnesota's agricultural industry, address each segment's49.11individual needs, and identifydevelopment opportunitiesin each49.12segmentfor agricultural products; 49.13 (2)develop andimplement autilizationprogramfor each49.14segmentthataddresses its development needs andidentifies 49.15 techniques to meet thoseneedsopportunities; 49.16 (3) monitor and coordinate research among the public and 49.17 private organizations and individuals specifically addressing 49.18 procedures to transfer new technology to businesses, farmers, 49.19 and individuals; 49.20 (4) provide research grants to public and private 49.21 educational institutions and other organizations that are 49.22 undertaking basic and applied researchthat wouldto promote the 49.23 development ofthe variousemerging agricultural industries;and49.24 (5)provide financial assistance including, but not limited49.25to: (i) direct loans, guarantees, interest subsidy payments,49.26and equity investments; and (ii) participation in loan49.27participations. The board of directors shall establish the49.28terms and conditions of the financial assistance.assist 49.29 organizations and individuals with market analysis and product 49.30 marketing implementations; 49.31 (6) to the extent possible earn and receive revenue from 49.32 contracts, patents, licenses, royalties, grants, 49.33 fees-for-service, and memberships; 49.34 (7) work with other divisions within the department of 49.35 agriculture, the United States Department of Agriculture, the 49.36 department of trade and economic development, and other agencies 50.1 to maximize marketing opportunities locally, nationally, and 50.2 internationally; and 50.3 (8) leverage available funds from federal, state, and 50.4 private sources to develop new markets and value added 50.5 opportunities for Minnesota agricultural products. 50.6 (b) Theagricultural utilization research50.7institutecommissioner shall recommend to the board of directors 50.8shall have the sole approval authority for establishing50.9agricultural utilization researchpriorities, requests for 50.10 proposals to meet those priorities, awarding of grants, hiring 50.11 and direction of personnel, and other expenditures of funds 50.12 consistent with the adopted and approved mission and goals of 50.13 the agriculturalutilization research instituteinnovation 50.14 center.The actions and expenditures of the agricultural50.15utilization research institute are subject to audit and regular50.16annual report to the legislature in general and specifically the50.17house of representatives agriculture committee, the senate50.18agriculture and rural development committee, the house of50.19representatives environment and natural resources finance50.20committee, and the senate environment and agriculture budget50.21division.The center shall annually report by February 1 to the 50.22 senate and house of representative standing committees with 50.23 jurisdiction over agricultural policy and funding. The report 50.24 must list projects initiated, progress on projects, and 50.25 financial information relating to expenditures, income from 50.26 other sources, and other information to allow the chairs to 50.27 evaluate the effectiveness of the center's activities. 50.28 Sec. 56. Minnesota Statutes 2002, section 116O.09, 50.29 subdivision 3, is amended to read: 50.30 Subd. 3. [STAFF.] The commissioner, at the direction of 50.31 the board of directors, shallhireprovide stafffor the50.32agricultural utilization research institute. Persons employed50.33by the agricultural utilization research institute are not state50.34employees and may participate in state retirement, deferred50.35compensation, insurance, or other plans that apply to state50.36employees generally and are subject to regulation by the state51.1campaign finance and public disclosure boardand administrative 51.2 support for the center as needed within the resources 51.3 available. The staff shall include a division director for the 51.4 center. 51.5 Sec. 57. Minnesota Statutes 2002, section 116O.09, 51.6 subdivision 9, is amended to read: 51.7 Subd. 9. [MEETINGS.] The board of directors shall meet at 51.8 least twice each year and may hold additional meetings upon 51.9 giving notice in accordance withthe bylaws of the51.10institutechapter 13D. Board meetings are subject to chapter 51.11 13D, except section 13D.01, subdivision1b6, paragraph (a), as 51.12 it pertains to financial information, business plans, income and 51.13 expense projections, customer lists, market and feasibility 51.14 studies, and trade secret information as defined by section 51.15 13.37, subdivision 1, paragraph (b). This information is 51.16 nonpublic data under chapter 13. 51.17 Sec. 58. Minnesota Statutes 2002, section 116O.09, 51.18 subdivision 12, is amended to read: 51.19 Subd. 12. [FUNDS.] Theinstitutecenter may accept and use 51.20 gifts, grants, or contributions from any source. Unless 51.21 otherwise restricted by the terms of a gift or bequest, the 51.22boardcenter may sell, exchange, or otherwise dispose of and 51.23 invest or reinvest the money, securities, or other property 51.24 given or bequested to it. The principal of these funds, the 51.25 income from them, and all other revenues received by it from any 51.26 nonstate source must beplaced in the depositories the board51.27determinesdeposited in the state treasury and credited to the 51.28 agricultural innovation center account and is subject to 51.29 expenditure for theboard'scenter's purposes.Expenditures of51.30more than $25,000 must be approved by the full board.51.31 Sec. 59. Minnesota Statutes 2002, section 116O.09, is 51.32 amended by adding a subdivision to read: 51.33 Subd. 12a. [AGRICULTURAL INNOVATION CENTER ACCOUNT.] An 51.34 agricultural innovation center account is established in the 51.35 agricultural fund in the state treasury. All gifts, grants, or 51.36 contributions from any source received by the department of 52.1 agriculture for agricultural innovation shall be deposited in 52.2 the state treasury and credited to the agricultural innovation 52.3 center account. Unless otherwise restricted by the terms of the 52.4 gift or bequest, the department of agriculture may sell, 52.5 exchange, or otherwise dispose of any gift or bequest. The 52.6 proceeds from the sale or disposal shall be deposited in the 52.7 agriculture innovation center account. 52.8 All negotiable assets transferred from the agricultural 52.9 innovation center under subdivision 14 shall be deposited into 52.10 the agricultural innovation account. 52.11 Money in the account, including interest earned, is 52.12 appropriated to the commissioner for the administration of this 52.13 section. 52.14 Sec. 60. Minnesota Statutes 2002, section 116O.09, 52.15 subdivision 13, is amended to read: 52.16 Subd. 13. [ACCOUNTS; AUDITSDEFINITIONS.]The institute52.17may establish funds and accounts that it finds convenient. The52.18board shall provide for and pay the cost of an independent52.19annual audit of its official books and records by the52.20legislative auditor subject to sections 3.971 and 3.972. A copy52.21of this audit shall be filed with the secretary of state.52.22 For purposes of this section,"institute""center" means 52.23 the agriculturalutilization research instituteinnovation 52.24 center established under this section and "board of directors" 52.25 means the board of directors of the agriculturalutilization52.26research instituteinnovation center and "commissioner" means 52.27 the commissioner of agriculture. 52.28 Sec. 61. Minnesota Statutes 2002, section 116O.09, is 52.29 amended by adding a subdivision to read: 52.30 Subd. 14. [TRANSFER.] The commissioner of administration, 52.31 in consultation with the commissioner of agriculture, shall take 52.32 measures necessary to transfer the functions, assets, and 52.33 liabilities from the corporation established under this section 52.34 to the department of agriculture. During the transition period 52.35 the commissioner of agriculture must be fully informed of all 52.36 expenditures of the corporation. There is no obligation for the 53.1 commissioner to pay state funds for projects or operations of 53.2 the agricultural utilization research institute beyond October 53.3 1, 2003, unless approved by the board and the commissioner. 53.4 Sec. 62. [REVISOR'S INSTRUCTION.] 53.5 The revisor shall change the term "agricultural utilization 53.6 research institute" to "agricultural innovation center" in 53.7 Minnesota Statutes and change "institute" to "center" in 53.8 Minnesota Statutes, section 116O.09. The revisor shall recodify 53.9 Minnesota Statutes, section 116O.09 into Minnesota Statutes, 53.10 chapter 17. 53.11 Sec. 63. [REPEALER.] 53.12 Minnesota Statutes 2002, sections 17.110; 18.51; 18.52; 53.13 18.53; 18.54; 18.79, subdivisions 1, 7, and 11; 18.85; 41A.09, 53.14 subdivisions 1a, 5a, 6, 7, and 8, are repealed. 53.15 Sec. 64. [REPEALER; MINNESOTA RULES.] 53.16 Minnesota Rules, part 1510.0281, is repealed. 53.17 Sec. 65. [EFFECTIVE DATE.] 53.18 Except as otherwise provided, this act is effective July 1, 53.19 2003.