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Minnesota Legislature

Office of the Revisor of Statutes

HF 1122

4th Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:44am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 4th Engrossment

Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 1.33
2.1 2.2
2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10
2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22
2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 4.35 4.36 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 5.35 5.36 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 6.35 6.36 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 7.35 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 8.34 8.35 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 9.34 9.35 9.36 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22
11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 11.34 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12
12.13 12.14 12.15 12.16 12.17
12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 12.34 13.1 13.2 13.3 13.4
13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18
13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33 14.1 14.2 14.3 14.4
14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16
14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24
15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33 15.34 15.35
16.1
16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 16.34 16.35 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11
17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23
17.24 17.25 17.26 17.27 17.28 17.29
17.30 17.31 17.32
18.1 18.2 18.3
18.4 18.5 18.6 18.7 18.8 18.9
18.10 18.11 18.12
18.13 18.14 18.15 18.16 18.17
18.18 18.19 18.20 18.21 18.22
18.23 18.24 18.25 18.26 18.27 18.28
18.29 18.30 19.1 19.2 19.3
19.4 19.5 19.6 19.7 19.8 19.9
19.10 19.11 19.12 19.13 19.14 19.15
19.16 19.17 19.18 19.19 19.20
19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29
19.30 19.31 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 20.33 20.34 20.35 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 21.33 21.34 21.35 21.36 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19
22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29
22.30 22.31 22.32 22.33 22.34 23.1 23.2 23.3
23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25
23.26 23.27 23.28 23.29 23.30 23.31 23.32 23.33 23.34 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8
24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17
24.18 24.19 24.20 24.21 24.22 24.23
24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 24.32 24.33 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31 25.32 25.33 25.34 25.35 25.36 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27
26.28 26.29 26.30 26.31
26.32 26.33 26.34 27.1 27.2 27.3 27.4 27.5 27.6
27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22
27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 27.33 27.34 28.1 28.2
28.3 28.4 28.5 28.6 28.7 28.8
28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28
28.29 28.30 28.31 28.32 28.33 29.1 29.2 29.3
29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 29.32 29.33 29.34 29.35 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16
30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 30.32 30.33 30.34 30.35 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20
31.21 31.22 31.23 31.24 31.25
31.26 31.27 31.28 31.29 31.30
31.31 31.32 31.33
32.1 32.2 32.3 32.4 32.5
32.6 32.7 32.8 32.9 32.10 32.11
32.12 32.13 32.14 32.15 32.16 32.17 32.18
32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9
33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21
33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 33.32
34.1 34.2 34.3 34.4 34.5 34.6
34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19
34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 34.31 34.32 34.33 34.34 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19
35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 35.33 35.34 35.35 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 36.33 36.34 36.35 36.36 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 37.32 37.33 37.34 38.1 38.2 38.3 38.4 38.5 38.6
38.7 38.8 38.9
38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18
38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27
38.28
38.29 38.30 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 39.32 39.33 39.34 39.35 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 40.32 40.33 40.34 40.35 40.36 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10
41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28
41.29 41.30 41.31 41.32 41.33 42.1 42.2 42.3 42.4
42.5 42.6 42.7 42.8 42.9
42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31 42.32 42.33 42.34 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24
43.25 43.26 43.27 43.28 43.29 43.30 43.31
43.32 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16
44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28
44.29 44.30 44.31 44.32 44.33 44.34 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 45.32 45.33 45.34 45.35 45.36 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13
46.14
46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24
46.25 46.26 46.27
46.28
46.29 46.30 46.31 46.32
47.1
47.2 47.3 47.4
47.5
47.6 47.7 47.8 47.9 47.10
47.11
47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29
47.30
47.31 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15
48.16
48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 48.30 48.31 48.32 49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16
49.17
49.18 49.19 49.20 49.21 49.22 49.23
49.24
49.25 49.26 49.27 49.28 49.29 49.30 49.31 49.32 49.33 50.1 50.2 50.3 50.4 50.5 50.6
50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15
50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 50.32 50.33 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 51.32 51.33 51.34 51.35 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17
52.18
52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 52.32 52.33 52.34 53.1 53.2 53.3 53.4
53.5 53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16
53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 53.32 53.33 53.34 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32 54.33 54.34 54.35 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31
55.32 55.33 56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14
56.15 56.16 56.17 56.18 56.19 56.20
56.21
56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29
56.30
56.31 57.1 57.2 57.3 57.4 57.5
57.6
57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14
57.15
57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28
57.29
57.30 57.31 57.32 58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12
58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29
58.30 58.31 58.32 58.33 58.34 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29
59.30 59.31 59.32 59.33 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 60.31 60.32 60.33 60.34 60.35 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31
61.32 61.33 61.34 61.35 62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8
62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31 62.32 62.33 62.34 62.35 63.1
63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30
63.31 63.32 63.33 63.34 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24
64.25 64.26 64.27 64.28 64.29
64.30
64.31 64.32 64.33 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20
65.21 65.22
65.23 65.24 65.25 65.26 65.27
65.28 65.29 65.30 65.31 65.32 65.33 65.34 66.1 66.2 66.3 66.4 66.5
66.6 66.7 66.8 66.9 66.10 66.11
66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28
66.29 66.30 66.31 66.32 66.33 67.1 67.2 67.3 67.4
67.5 67.6 67.7 67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15
67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27
67.28
67.29 67.30 67.31 67.32 67.33 68.1 68.2 68.3 68.4 68.5
68.6 68.7 68.8 68.9 68.10
68.11 68.12
68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 68.32 68.33 69.1 69.2
69.3
69.4 69.5
69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17
69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31 69.32 69.33 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 70.32 70.33 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18
71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31 71.32 71.33 71.34 72.1 72.2 72.3
72.4 72.5
72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26
72.27 72.28
72.29 72.30 72.31 72.32 72.33 73.1 73.2 73.3
73.4 73.5
73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19
73.20 73.21
73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31 73.32 73.33 74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31 74.32
74.33 74.34 74.35
75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31 75.32 75.33 75.34 76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25
76.26 76.27
76.28 76.29 76.30 76.31 76.32 76.33 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25
77.26 77.27 77.28 77.29 77.30 77.31 77.32 77.33 77.34 78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26 78.27 78.28 78.29 78.30 78.31 78.32 78.33 78.34 78.35 79.1 79.2
79.3 79.4 79.5 79.6 79.7 79.8 79.9 79.10 79.11 79.12 79.13 79.14
79.15 79.16
79.17 79.18 79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26
79.27 79.28 79.29 79.30 79.31 79.32 79.33
80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10 80.11 80.12 80.13 80.14 80.15 80.16 80.17
80.18 80.19 80.20
80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30 80.31 80.32 80.33 80.34 81.1 81.2 81.3 81.4 81.5 81.6 81.7 81.8 81.9 81.10 81.11 81.12 81.13 81.14 81.15 81.16 81.17 81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26 81.27 81.28 81.29 81.30 81.31
81.32
81.33 81.34 81.35 82.1 82.2 82.3 82.4
82.5 82.6 82.7 82.8
82.9 82.10 82.11 82.12 82.13 82.14 82.15 82.16 82.17 82.18
82.19 82.20 82.21 82.22 82.23 82.24 82.25 82.26 82.27 82.28 82.29 82.30 82.31 82.32 82.33 83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.16 83.17 83.18 83.19 83.20 83.21 83.22 83.23 83.24 83.25 83.26 83.27 83.28 83.29 83.30 83.31 83.32 83.33 83.34 83.35
84.1 84.2
84.3 84.4 84.5 84.6 84.7 84.8 84.9 84.10 84.11 84.12 84.13 84.14 84.15 84.16 84.17 84.18 84.19 84.20
84.21 84.22 84.23 84.24 84.25 84.26 84.27 84.28 84.29 84.30 84.31 84.32
84.33 85.1 85.2 85.3 85.4 85.5 85.6 85.7 85.8 85.9 85.10 85.11 85.12 85.13 85.14 85.15 85.16 85.17 85.18 85.19 85.20 85.21 85.22 85.23 85.24 85.25 85.26 85.27 85.28 85.29
85.30
85.31 85.32 85.33 85.34 85.35 86.1 86.2 86.3 86.4 86.5 86.6 86.7 86.8 86.9
86.10
86.11 86.12 86.13 86.14 86.15 86.16 86.17 86.18 86.19
86.20 86.21 86.22 86.23
86.24 86.25
86.26 86.27 86.28 86.29 86.30 86.31 86.32 86.33 87.1 87.2 87.3 87.4
87.5 87.6 87.7 87.8 87.9 87.10 87.11 87.12 87.13 87.14 87.15 87.16 87.17 87.18 87.19 87.20 87.21 87.22 87.23 87.24
87.25 87.26 87.27 87.28 87.29 87.30 87.31 87.32
88.1 88.2 88.3 88.4 88.5 88.6 88.7 88.8
88.9 88.10 88.11 88.12 88.13 88.14 88.15 88.16 88.17 88.18 88.19 88.20 88.21
88.22 88.23 88.24 88.25 88.26 88.27 88.28 88.29 88.30 88.31 88.32 88.33 88.34 89.1 89.2
89.3 89.4 89.5 89.6 89.7 89.8 89.9 89.10 89.11 89.12 89.13 89.14 89.15 89.16 89.17 89.18 89.19 89.20 89.21 89.22 89.23
89.24 89.25 89.26 89.27 89.28 89.29
89.30 89.31 89.32 89.33 90.1 90.2 90.3 90.4 90.5 90.6 90.7 90.8 90.9
90.10 90.11 90.12 90.13 90.14 90.15
90.16 90.17 90.18 90.19

A bill for an act
relating to appropriations; appropriating money for agriculture, the Board of
Animal Health, Rural Finance Authority, veterans, and the military; changing
certain requirements and programs; establishing a program; eliminating a sunset;
requiring certain studies and reports; amending Minnesota Statutes 2008, sections
3.737, subdivision 1; 3.7371, subdivision 3; 13.643, by adding a subdivision;
16C.16, by adding a subdivision; 16C.19; 16C.20; 17.03, subdivision 12; 17.114,
subdivision 3; 17.115, subdivision 2; 17.118, subdivisions 2, 4; 18.75; 18.76;
18.77, subdivisions 1, 3, 5, by adding subdivisions; 18.78, subdivision 1, by
adding a subdivision; 18.79; 18.80, subdivision 1; 18.81, subdivision 3, by
adding subdivisions; 18.82, subdivisions 1, 3; 18.83; 18.84, subdivisions 1, 2, 3;
18.86; 18.87; 18.88; 18B.01, subdivision 8, by adding subdivisions; 18B.065,
subdivisions 1, 2, 2a, 3, 7, by adding subdivisions; 18B.26, subdivisions 1,
3; 18B.31, subdivisions 3, 4; 18B.37, subdivision 1; 18C.415, subdivision
3; 18C.421; 18C.425, subdivisions 4, 6; 18E.03, subdivisions 2, 4; 18E.06;
18H.02, subdivision 12a, by adding subdivisions; 18H.07, subdivisions 2,
3; 18H.09; 18H.10; 28A.085, subdivision 1; 28A.21, subdivision 5; 31.94;
32.394, subdivision 8; 41A.09, subdivision 3a; 41B.039, subdivision 2;
41B.04, subdivision 8; 41B.042, subdivision 4; 41B.043, subdivision 1b;
41B.045, subdivision 2; 43A.11, subdivision 7; 43A.23, subdivision 1; 97A.045,
subdivision 1; 161.321; 171.06, subdivision 3; 171.07, by adding a subdivision;
171.12, by adding a subdivision; 190.19, subdivision 2a; 197.455, subdivision
1; 197.46; 197.791, subdivision 6; 198.003, by adding subdivisions; 239.791,
subdivisions 1, 1a; 336.9-601; 343.11; 473.142; 523.131; 523.16; 523.20;
523.23, subdivisions 2, 3; 550.365, subdivision 2; 559.209, subdivision 2;
582.039, subdivision 2; 583.215; 626.8517; Laws 2008, chapter 274, section 5;
Laws 2008, chapter 297, article 2, section 26, subdivision 3; proposing coding
for new law in Minnesota Statutes, chapters 18; 18B; 31; 41A; 168; 190; 192;
523; repealing Minnesota Statutes 2008, sections 17.49, subdivision 3; 18.81,
subdivision 1; 18G.12, subdivision 5; 38.02, subdivisions 3, 4; 41.51; 41.52;
41.53; 41.55; 41.56; 41.57; 41.58, subdivisions 1, 2; 41.59, subdivision 1; 41.60;
41.61, subdivision 1; 41.62; 41.63; 41.65; Minnesota Rules, part 1505.0820.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

AGRICULTURE

Section 1. new text begin SUMMARY OF APPROPRIATIONS.
new text end

new text begin The amounts shown in this section summarize direct appropriations, by fund, made
in this article.
new text end

new text begin 2010
new text end
new text begin 2011
new text end
new text begin Total
new text end
new text begin General
new text end
new text begin $
new text end
new text begin 45,139,000
new text end
new text begin $
new text end
new text begin 43,949,000
new text end
new text begin $
new text end
new text begin 89,088,000
new text end
new text begin Agricultural
new text end
new text begin $
new text end
new text begin 800,000
new text end
new text begin $
new text end
new text begin 800,000
new text end
new text begin $
new text end
new text begin 1,600,000
new text end
new text begin Remediation
new text end
new text begin $
new text end
new text begin 388,000
new text end
new text begin $
new text end
new text begin 388,000
new text end
new text begin $
new text end
new text begin 776,000
new text end
new text begin Total
new text end
new text begin $
new text end
new text begin 46,327,000
new text end
new text begin $
new text end
new text begin 45,137,000
new text end
new text begin $
new text end
new text begin 91,464,000
new text end

Sec. 2. new text beginAGRICULTURE APPROPRIATIONS.
new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this act. The appropriations are from the general
fund, or another named fund, and are available for the fiscal years indicated for each
purpose. The figures "2010" and "2011" used in this act mean that the appropriations
listed under them are available for the fiscal year ending June 30, 2010, or June 30, 2011,
respectively. "The first year" is fiscal year 2010. "The second year" is fiscal year 2011.
"The biennium" is fiscal years 2010 and 2011.
new text end

new text begin APPROPRIATIONS
new text end
new text begin Available for the Year
new text end
new text begin Ending June 30
new text end
new text begin 2010
new text end
new text begin 2011
new text end

Sec. 3. new text beginDEPARTMENT OF AGRICULTURE
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 38,205,000
new text end
new text begin $
new text end
new text begin 37,015,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2010
new text end
new text begin 2011
new text end
new text begin General
new text end
new text begin 37,017,000
new text end
new text begin 35,827,000
new text end
new text begin Remediation
new text end
new text begin 388,000
new text end
new text begin 388,000
new text end
new text begin Agricultural
new text end
new text begin 800,000
new text end
new text begin 800,000
new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end

new text begin Protection Services
new text end

new text begin 13,078,000
new text end
new text begin 13,028,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 12,690,000
new text end
new text begin 12,640,000
new text end
new text begin Remediation
new text end
new text begin 388,000
new text end
new text begin 388,000
new text end

new text begin $388,000 the first year and $388,000 the
second year are from the remediation fund
for administrative funding for the voluntary
cleanup program.
new text end

new text begin $75,000 the first year and $75,000 the second
year are for compensation for destroyed or
crippled animals under Minnesota Statutes,
section 3.737. If the amount in the first year
is insufficient, the amount in the second year
is available in the first year.
new text end

new text begin $75,000 the first year and $75,000 the second
year are for compensation for crop damage
under Minnesota Statutes, section 3.7371. If
the amount in the first year is insufficient, the
amount in the second year is available in the
first year.
new text end

new text begin If the commissioner determines that claims
made under Minnesota Statutes, section
3.737 or 3.7371, are unusually high, amounts
appropriated for either program may be
transferred to the appropriation for the other
program.
new text end

new text begin $100,000 the first year and $100,000 the
second year are for plant pest surveys.
new text end

new text begin $50,000 in the first year is for additional
duties under the noxious weed law changes in
this article. This is a onetime appropriation.
new text end

new text begin Subd. 3. new text end

new text begin Agricultural Marketing and
Development
new text end

new text begin 4,782,000
new text end
new text begin 4,782,000
new text end

new text begin $186,000 the first year and $186,000 the
second year are for transfer to the Minnesota
grown account and may be used as grants
for Minnesota grown promotion under
Minnesota Statutes, section 17.102. Grants
may be made for one year. Notwithstanding
Minnesota Statutes, section 16A.28, the
appropriations encumbered under contract on
or before June 30, 2011, for Minnesota grown
grants in this paragraph are available until
June 30, 2013. $50,000 of the appropriation
in each year is for efforts that identify
and promote Minnesota grown products in
retail food establishments including but not
limited to restaurants, grocery stores, and
convenience stores.
new text end

new text begin $100,000 the first year and $100,000 the
second year are for grants to farmers for
demonstration projects involving sustainable
agriculture as authorized in Minnesota
Statutes, section 17.116. Of the amount
for grants, up to $20,000 may be used for
dissemination of information about the
demonstration projects. Notwithstanding
Minnesota Statutes, section 16A.28, the
appropriations encumbered under contract
on or before June 30, 2011, for sustainable
agriculture grants in this paragraph are
available until June 30, 2013.
new text end

new text begin $103,000 the first year and $103,000 the
second year are to provide training and
technical assistance to county and town
officials relating to livestock siting issues
and local zoning and land use planning,
including maintenance of the checklist
template clarifying the federal, state,
and local government requirements for
consideration of an animal agriculture
modernization or expansion project. For the
training and technical assistance program,
the commissioner shall continue to seek
guidance, advice, and support of livestock
producer organizations, general agricultural
organizations, local government associations,
academic institutions, other government
agencies, and others with expertise in land
use and agriculture.
new text end

new text begin $77,000 the first year and $77,000 the second
year are for integrated pest management
activities.
new text end

new text begin $10,000 the first year and $10,000 the
second year are for annual cost-share
payments to resident farmers or persons
who sell, process, or package agricultural
products in this state for the costs of organic
certification. Annual cost-share payments
per farmer must be two-thirds of the cost
of the certification or $350, whichever is
less. In any year that a resident farmer or
person who sells, processes, or packages
agricultural products in this state receives
a federal organic certification cost-share
payment, that resident farmer or person is
not eligible for state cost-share payments. A
certified farmer is eligible to receive annual
certification cost-share payments for up to
five years. The commissioner may allocate
any excess appropriation in either fiscal year
for organic market and program development
including organic producer education efforts,
assistance for persons transitioning from
conventional to organic agriculture, or
sustainable agriculture demonstration grants
authorized under Minnesota Statutes, section
17.116, and pertaining to organic research or
demonstration. Any unencumbered balance
does not cancel at the end of the first year
and is available for the second year.
new text end

new text begin Subd. 4. new text end

new text begin Bioenergy and Value-Added
Agriculture
new text end

new text begin 12,168,000
new text end
new text begin 12,168,000
new text end

new text begin $12,168,000 each year is for ethanol producer
payments under Minnesota Statutes, section
41A.09. The annual reduction of $3,000,000
is a onetime reduction. If the total amount for
which all producers are eligible in a quarter
exceeds the amount available for payments,
the commissioner shall make payments on a
pro rata basis. If the appropriation exceeds
the total amount for which all producers
are eligible in a fiscal year for scheduled
payments and for deficiencies in payments
during previous fiscal years, the balance
in the appropriation is available to the
commissioner for value-added agricultural
programs, including the value-added
agricultural product processing and
marketing grant program under Minnesota
Statutes, section 17.101, subdivision 5. The
appropriation remains available until spent.
new text end

new text begin Subd. 5. new text end

new text begin Administration and Financial
Assistance
new text end

new text begin 8,177,000
new text end
new text begin 7,037,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2010
new text end
new text begin 2011
new text end
new text begin General
new text end
new text begin 7,377,000
new text end
new text begin 6,237,000
new text end
new text begin Agricultural
new text end
new text begin 800,000
new text end
new text begin 800,000
new text end

new text begin $780,000 the first year and $755,000 the
second year are for continuation of the dairy
development and profitability enhancement
and dairy business planning grant programs
established under Laws 1997, chapter
216, section 7, subdivision 2, and Laws
2001, First Special Session chapter 2,
section 9, subdivision 2. The commissioner
may allocate the available sums among
permissible activities, including efforts to
improve the quality of milk produced in the
state in the proportions that the commissioner
deems most beneficial to Minnesota's dairy
farmers. The commissioner must submit a
work plan detailing plans for expenditures
under this program to the chairs of the house
of representatives and senate committees
dealing with agricultural policy and budget
on or before the start of each fiscal year. If
significant changes are made to the plans
in the course of the year, the commissioner
must notify the chairs.
new text end

new text begin $50,000 the first year and $50,000 the
second year are for the Northern Crops
Institute. These appropriations may be spent
to purchase equipment.
new text end

new text begin $19,000 the first year and $19,000 the
second year are for a grant to the Minnesota
Livestock Breeders Association.
new text end

new text begin $250,000 the first year and $250,000 the
second year are for grants to the Minnesota
Agricultural Education and Leadership
Council for programs of the council under
Minnesota Statutes, chapter 41D.
new text end

new text begin $474,000 the first year and $474,000 the
second year are for payments to county and
district agricultural societies and associations
under Minnesota Statutes, section 38.02,
subdivision 1. Aid payments to county and
district agricultural societies and associations
shall be disbursed no later than July 15 of
each year. These payments are the amount of
aid from the state for an annual fair held in
the previous calendar year.
new text end

new text begin $1,000 the first year and $1,000 the second
year are for grants to the Minnesota State
Poultry Association.
new text end

new text begin $65,000 the first year and $65,000 the second
year are for annual grants to the Minnesota
Turf Seed Council for basic and applied
research on the improved production of
forage and turf seed related to new and
improved varieties. The grant recipient may
subcontract with a qualified third party for
some or all of the basic and applied research.
new text end

new text begin $50,000 the first year and $50,000 the
second year are for annual grants to the
Minnesota Turf Seed Council for basic
and applied agronomic research on native
plants, including plant breeding, nutrient
management, pest management, disease
management, yield, and viability. The grant
recipient may subcontract with a qualified
third party for some or all of the basic
or applied research. The grant recipient
must actively participate in the Agricultural
Utilization Research Institute's Renewable
Energy Roundtable and no later than
February 1, 2011, must report to the house of
representatives and senate committees with
jurisdiction over agriculture finance.
new text end

new text begin $500,000 the first year and $500,000 the
second year are for grants to Second Harvest
Heartland on behalf of Minnesota's six
Second Harvest food banks for the purchase
of milk for distribution to Minnesota's food
shelves and other charitable organizations
that are eligible to receive food from the food
banks. Milk purchased under the grants must
be acquired from Minnesota milk processors
and based on low-cost bids. The milk must be
allocated to each Second Harvest food bank
serving Minnesota according to the formula
used in the distribution of United States
Department of Agriculture commodities
under The Emergency Food Assistance
Program (TEFAP). Second Harvest
Heartland must submit quarterly reports
to the commissioner on forms prescribed
by the commissioner. The reports must
include, but are not limited to, information
on the expenditure of funds, the amount
of milk purchased, and the organizations
to which the milk was distributed. Second
Harvest Heartland may enter into contracts
or agreements with food banks for shared
funding or reimbursement of the direct
purchase of milk. Each food bank receiving
money from this appropriation may use up to
two percent of the grant for administrative
expenses.
new text end

new text begin $1,000,000 the first year is for the agricultural
growth, research, and innovation program
in Minnesota Statutes, section 41A.12.
Priority must be given to livestock programs
under Minnesota Statutes, section 17.118.
Priority for livestock grants shall be given
to persons who are beginning livestock
producers and livestock producers who are
rebuilding after a disaster that was due to
natural or other unintended conditions. The
commissioner may use up to 4.5 percent
of this appropriation for costs incurred to
administer the program. Any unencumbered
balance does not cancel at the end of the first
year and is available in the second year.
new text end

new text begin $100,000 the first year and $100,000 the
second year are for transfer to the Board of
Trustees of the Minnesota State Colleges and
Universities for mental health counseling
support to farm families and business
operators through farm business management
programs at Central Lakes College and
Ridgewater College.
new text end

new text begin $18,000 the first year and $18,000 the
second year are for grants to the Minnesota
Horticultural Society.
new text end

new text begin Notwithstanding Minnesota Statutes,
section 18C.131, $800,000 the first year
and $800,000 the second year are from the
fertilizer account in the agricultural fund
for grants for fertilizer research as awarded
by the Minnesota Agricultural Fertilizer
Research and Education Council under
Minnesota Statutes, section 18C.71. The
amount appropriated in either fiscal year
must not exceed 57 percent of the inspection
fee revenue collected under Minnesota
Statutes, section 18C.425, subdivision 6,
during the previous fiscal year. No later
than February 1, 2011, the commissioner
shall report to the legislative committees
with jurisdiction over agriculture finance.
The report must include the progress and
outcome of funded projects as well as the
sentiment of the council concerning the need
for additional research funds.
new text end

new text begin $60,000 the first year is for a transfer to the
University of Minnesota Extension Service
for farm-to-school grants to school districts
in Minneapolis, Moorhead, White Earth, and
Willmar.
new text end

new text begin $30,000 is for star farms program
development. The commissioner, in
consultation with other state and local
agencies, farm groups, conservation groups,
legislators, and other interested persons, shall
develop a proposal for a star farms program.
By January 15, 2010, the commissioner
shall submit the proposal to the legislative
committees and divisions with jurisdiction
over agriculture and environmental policy
and finance. This is a onetime appropriation.
new text end

new text begin $25,000 the first year is for the administration
of the Feeding Minnesota Task Force, under
new Minnesota Statutes, section 31.97. This
is a onetime appropriation.
new text end

Sec. 4. new text beginBOARD OF ANIMAL HEALTH
new text end

new text begin $
new text end
new text begin 5,239,000
new text end
new text begin $
new text end
new text begin 5,239,000
new text end

new text begin $2,531,000 the first year and $2,531,000
the second year are for bovine tuberculosis
eradication efforts in cattle herds.
new text end

new text begin $100,000 the first year and $100,000 the
second year are for a program to control
paratuberculosis (Johne's disease) in
domestic bovine herds.
new text end

new text begin $40,000 the first year and $40,000 the second
year are for a program to investigate the
avian pneumovirus disease and to identify
the infected flocks. This appropriation must
be matched on a dollar-for-dollar or in-kind
basis with nonstate sources and is in addition
to money currently designated for turkey
disease research. Costs of blood sample
collection, handling, and transportation,
in addition to costs associated with early
diagnosis tests and the expenses of vaccine
research trials, may be credited to the match.
new text end

new text begin $400,000 the first year and $400,000 the
second year are for the purposes of cervidae
inspection as authorized in Minnesota
Statutes, section 35.155.
new text end

Sec. 5. new text beginAGRICULTURAL UTILIZATION
RESEARCH INSTITUTE
new text end

new text begin $
new text end
new text begin 2,883,000
new text end
new text begin $
new text end
new text begin 2,883,000
new text end

new text begin Money in this appropriation is available for
technical assistance and technology transfer
to bioenergy crop producers and users.
new text end

Sec. 6.

Minnesota Statutes 2008, section 3.737, subdivision 1, is amended to read:


Subdivision 1.

Compensation required.

(a) Notwithstanding section 3.736,
subdivision 3
, paragraph (e), or any other law, a livestock owner shall be compensated
by the commissioner of agriculture for livestock that is destroyed by a gray wolf or is so
crippled by a gray wolf that it must be destroyed. Except as provided in this section, the
owner is entitled to the fair market value of the destroyed livestock as determined by the
commissioner, upon recommendation of a university extension agent or a conservation
officer. In any fiscal year, a livestock owner may not be compensated for a destroyed
animal claim that is less than $100 in value and may be compensated up to $20,000,
as determined under this section. In any fiscal year, the commissioner may provide
compensation for claims filed under this section deleted text beginand section 3.7371deleted text end up to deleted text begina total of
$100,000 for both programs combined
deleted text endnew text begin the amount expressly appropriated for this purposenew text end.

(b) Either the agent or the conservation officer must make a personal inspection of
the site. The agent or the conservation officer must take into account factors in addition to
a visual identification of a carcass when making a recommendation to the commissioner.
The commissioner, upon recommendation of the agent or conservation officer, shall
determine whether the livestock was destroyed by a gray wolf and any deficiencies in the
owner's adoption of the best management practices developed in subdivision 5. The
commissioner may authorize payment of claims only if the agent or the conservation
officer has recommended payment. The owner shall file a claim on forms provided by the
commissioner and available at the university extension agent's office.

Sec. 7.

Minnesota Statutes 2008, section 3.7371, subdivision 3, is amended to read:


Subd. 3.

Compensation.

The crop owner is entitled to the target price or the
market price, whichever is greater, of the damaged or destroyed crop plus adjustments
for yield loss determined according to agricultural stabilization and conservation service
programs for individual farms, adjusted annually, as determined by the commissioner,
upon recommendation of the county extension agent for the owner's county. The
commissioner, upon recommendation of the agent, shall determine whether the crop
damage or destruction is caused by elk and, if so, the amount of the crop that is damaged
or destroyed. In any fiscal year, a crop owner may not be compensated for a damaged or
destroyed crop that is less than $100 in value and may be compensated up to $20,000,
as determined under this section, if normal harvest procedures for the area are followed.
In any fiscal year, the commissioner may provide compensation for claims filed under
this section deleted text beginand section 3.737deleted text end up to deleted text begina total of $100,000 for both programs combineddeleted text endnew text begin the
amount expressly appropriated for this purpose
new text end.

Sec. 8.

Minnesota Statutes 2008, section 13.643, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Research, monitoring, or assessment data. new text end

new text begin (a) Except as provided in
paragraph (b), the following data created, collected, and maintained by the Department of
Agriculture during research, monitoring, or the assessment of farm practices and related
to natural resources, the environment, agricultural facilities, or agricultural practices are
classified as private or nonpublic:
new text end

new text begin (1) names, addresses, telephone numbers, and e-mail addresses of study participants
or cooperators; and
new text end

new text begin (2) location of research, study site, and global positioning system data.
new text end

new text begin (b) The following data is public:
new text end

new text begin (1) location data and unique well numbers for wells and springs unless protected
under section 18B.10 or another statute or rule; and
new text end

new text begin (2) data from samples collected from a public water supply as defined in section
144.382, subdivision 4.
new text end

new text begin (c) The Department of Agriculture may disclose data collected under paragraph (a) if
the Department of Agriculture determines that there is a substantive threat to human health
and safety or to the environment, or to aid in the law enforcement process. The Department
of Agriculture may also disclose data with written consent of the subject of the data.
new text end

Sec. 9.

Minnesota Statutes 2008, section 17.03, subdivision 12, is amended to read:


Subd. 12.

Contracts; appropriation.

The commissioner may accept money as part
of a contract with any public or private entity to provide statutorily prescribed services by
the department. A contract must specify the services to be provided by the department and
the amount and method of reimbursement. Money generated in a contractual agreement
under this section must be deposited in a special revenue fund and is appropriated to the
department for purposes of providing services specified in the contracts. Contracts under
this section must be processed in accordance with section 16C.05. deleted text beginThe commissioner must
report revenues collected and expenditures made under this section to the chairs of the
Environment and Natural Resources Finance Committee in the house of representatives
and the Environment and Agriculture Budget Division in the senate by January 15 of
each odd-numbered year.
deleted text end

Sec. 10.

Minnesota Statutes 2008, section 17.114, subdivision 3, is amended to read:


Subd. 3.

Duties.

(a) The commissioner shall:

(1) establish a clearinghouse and provide information, appropriate educational
opportunities and other assistance to individuals, producers, and groups about sustainable
agricultural techniques, practices, and opportunities;

(2) survey producers and support services and organizations to determine
information and research needs in the area of sustainable agricultural practices;

(3) demonstrate the on-farm applicability of sustainable agriculture practices to
conditions in this state;

(4) coordinate the efforts of state agencies regarding activities relating to sustainable
agriculture;

(5) direct the programs of the department so as to work toward the sustainability of
agriculture in this state;

(6) inform agencies of how state or federal programs could utilize and support
sustainable agriculture practices;

(7) work closely with farmers, the University of Minnesota, and other appropriate
organizations to identify opportunities and needs as well as assure coordination and
avoid duplication of state agency efforts regarding research, teaching, and extension
work relating to sustainable agriculture; deleted text beginand
deleted text end

(8) new text beginwork cooperatively with local governments and others to strengthen the
connection between farmers who practice sustainable farming methods and urban, rural,
and suburban consumers, including, but not limited to, promoting local farmers' markets
and community-supported agriculture; and
new text end

new text begin (9) new text endreport to the Environmental Quality Board for review and then to the house of
representatives and senate committees with jurisdiction over the environment, natural
resources, and agriculture every even-numbered year.

(b) The report under paragraph (a), clause (8), must include:

(1) the presentation and analysis of findings regarding the current status and trends
regarding the economic condition of producers; the status of soil and water resources
utilized by production agriculture; the magnitude of off-farm inputs used; and the amount
of nonrenewable resources used by Minnesota farmers;

(2) a description of current state or federal programs directed toward sustainable
agriculture including significant results and experiences of those programs;

(3) a description of specific actions the Department of Agriculture is taking in the
area of sustainable agriculturenew text begin, including, but not limited to, specific actions to strengthen
the connection between sustainable farmers and consumers under paragraph (a), clause (8)
new text end;

(4) a description of current and future research needs at all levels in the area of
sustainable agriculture; and

(5) suggestions for changes in existing programs or policies or enactment of new
programs or policies that will affect farm profitability, maintain soil and water quality,
reduce input costs, or lessen dependence upon nonrenewable resources.

Sec. 11.

Minnesota Statutes 2008, section 17.115, subdivision 2, is amended to read:


Subd. 2.

Loan criteria.

(a) The shared savings loan program must provide loans for
purchase of new or used machinery and installation of equipment for projects that make
environmental improvements deleted text beginordeleted text endnew text begin andnew text end enhance farm profitability. Eligible loan uses do not
include seed, fertilizer, or fuel.

(b) Loans may not exceed deleted text begin$25,000deleted text endnew text begin $40,000new text end per individual applying for a loan and
may not exceed deleted text begin$100,000deleted text endnew text begin $160,000new text end for loans to four or more individuals on joint projects.
The loan repayment period may be up to seven years as determined by project cost and
energy savings. The interest rate on the loans must not exceed six percent. deleted text beginFor loans made
from May 1, 2004, to June 30, 2007, the interest rate must not exceed three percent.
deleted text end

(c) Loans may only be made to residents of this state engaged in farming.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 12.

Minnesota Statutes 2008, section 17.118, subdivision 2, is amended to read:


Subd. 2.

Definitions.

(a) For the purposes of this section, the terms defined in this
subdivision have the meanings given them.

(b) "Livestock" means beef cattle, dairy cattle, swine, poultry, goats, mules, farmed
cervidae, ratitae, bison, sheep, horses, and llamas.

(c) "Qualifying expenditures" means the amount spent for:

(1) the acquisition, construction, or improvement of buildings or facilities for the
production of livestock or livestock products;

(2) the development of pasture for use by livestock including, but not limited to, the
acquisition, development, or improvement of:

(i) lanes used by livestock that connect pastures to a central location;

(ii) watering systems for livestock on pasture including water lines deleted text beginanddeleted text endnew text begin,new text end booster
pumpsnew text begin, andnew text end well installations;

(iii) livestock stream crossing stabilization; and

(iv) fences; or

(3) the acquisition of equipment for livestock housing, confinement, feeding, and
waste management including, but not limited to, the following:

(i) freestall barns;

(ii) watering facilities;

(iii) feed storage and handling equipment;

(iv) milking parlors;

(v) robotic equipment;

(vi) scales;

(vii) milk storage and cooling facilities;

(viii) bulk tanks;

(ix) computer hardware and software and associated equipment used to monitor
the productivity and feeding of livestock;

(x) manure pumping and storage facilities;

(xi) swine farrowing facilities;

(xii) swine and cattle finishing barns;

(xiii) calving facilities;

(xiv) digesters;

(xv) equipment used to produce energy;

(xvi) on-farm processing facilities equipment;

(xvii) fences; and

(xviii) livestock pens and corrals and sorting, restraining, and loading chutes.

Except for qualifying pasture development expenditures under clause (2), qualifying
expenditures only include amounts that are allowed to be capitalized and deducted under
either section 167 or 179 of the Internal Revenue Code in computing federal taxable
income. Qualifying expenditures do not include an amount paid to refinance existing debt.

(d) "Qualifying period" means, for a grant awarded during a fiscal year, that full
calendar year of which the first six months precede the first day of the current fiscal year.
For example, an eligible person who makes qualifying expenditures during calendar
year 2008 is eligible to receive a livestock investment grant between July 1, 2008, and
June 30, 2009.

Sec. 13.

Minnesota Statutes 2008, section 17.118, subdivision 4, is amended to read:


Subd. 4.

Process.

The commissioner, in consultation with the chairs and ranking
minority members of the house of representatives and senate committees with jurisdiction
over agriculture finance, shall develop competitive eligibility criteria and may allocate
grants on a needs basis. deleted text beginThe commissioner shall certify eligible applications up to the
amount appropriated for a fiscal year.
deleted text end The commissioner deleted text beginmustdeleted text endnew text begin shallnew text end place any deleted text beginadditionaldeleted text end
eligiblenew text begin unfundednew text end applications on a waiting list and, notwithstanding subdivision 2,
paragraph deleted text begin(c)deleted text endnew text begin (d)new text end, give them deleted text beginprioritydeleted text endnew text begin considerationnew text end during the next fiscal yearnew text begin in which
program funding is available
new text end. The commissioner shall notify in writing any applicant
who applies for a grant and is ineligible under the provisions of this section as well as
any applicant whose application is received or reviewed after the fiscal year funding
limit has been reached.

Sec. 14.

Minnesota Statutes 2008, section 18.75, is amended to read:


18.75 PURPOSE.

It is the policy of the legislature that residents of the state be protected from the
injurious effects of noxious weeds on public health, the environment, public roads, crops,
livestock, and other property. Sections 18.76 to deleted text begin18.88deleted text end new text begin18.91 new text endcontain procedures for
controlling and eradicating noxious weeds on all lands within the state.

Sec. 15.

Minnesota Statutes 2008, section 18.76, is amended to read:


18.76 CITATION.

Sections 18.76 to deleted text begin18.88deleted text end new text begin18.91 new text endmay be cited as the "Minnesota Noxious Weed Law."

Sec. 16.

Minnesota Statutes 2008, section 18.77, subdivision 1, is amended to read:


Subdivision 1.

Scope.

The definitions in this section apply to sections 18.76 to
deleted text begin 18.88deleted text endnew text begin 18.91new text end.

Sec. 17.

Minnesota Statutes 2008, section 18.77, is amended by adding a subdivision
to read:


new text begin Subd. 2a. new text end

new text begin Certified noxious weed free. new text end

new text begin "Certified noxious weed free" means that
the material being certified has been inspected, tested, or processed to devitalize or
remove the noxious weed propagating parts in order to verify that viable noxious weed
propagating parts are not present in the material.
new text end

Sec. 18.

Minnesota Statutes 2008, section 18.77, is amended by adding a subdivision
to read:


new text begin Subd. 2b. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of agriculture.
new text end

Sec. 19.

Minnesota Statutes 2008, section 18.77, subdivision 3, is amended to read:


Subd. 3.

Control.

"Control" means to destroy new text beginall or part of new text endthe aboveground growth
of noxious weeds by a lawful method that new text begindoes not cause unreasonable adverse effects on
the environment as defined in section 18B.01, subdivision 31, and
new text endprevents the maturation
and spread of noxious weed propagating parts from one area to another.

Sec. 20.

Minnesota Statutes 2008, section 18.77, is amended by adding a subdivision
to read:


new text begin Subd. 3a. new text end

new text begin County-designated employee. new text end

new text begin "County-designated employee" means a
person designated by a county board to oversee the responsibilities in section 18.81,
subdivision 1a.
new text end

Sec. 21.

Minnesota Statutes 2008, section 18.77, subdivision 5, is amended to read:


Subd. 5.

Growing crop.

"Growing crop" means an agricultural, horticultural, or
forest crop that has been planted or regularly maintained and intended for harvest.new text begin It
does not mean a permanent pasture, hay meadow, woodlot, or other noncrop area that
contains native or seeded perennial plants used for grazing or hay purposes, and that is
not harvested on a regular basis.
new text end

Sec. 22.

Minnesota Statutes 2008, section 18.77, is amended by adding a subdivision
to read:


new text begin Subd. 5a. new text end

new text begin Inspector. new text end

new text begin "Inspector" means the commissioner, agent of the
commissioner, county agricultural inspector, local weed inspector, or assistant weed
inspector.
new text end

Sec. 23.

Minnesota Statutes 2008, section 18.77, is amended by adding a subdivision
to read:


new text begin Subd. 8a. new text end

new text begin Noxious weed management plan. new text end

new text begin "Noxious weed management plan"
means controlling or eradicating noxious weeds in the manner designated in a management
plan developed for the area or site where the infestations are found using specific strategies
or methods that are to be used singly or in combination to achieve control or eradication.
new text end

Sec. 24.

Minnesota Statutes 2008, section 18.77, is amended by adding a subdivision
to read:


new text begin Subd. 13. new text end

new text begin Weed management area. new text end

new text begin "Weed management area" means a designated
area where special or unique noxious weed control or eradication strategies or methods
are used according to a specific management plan developed for each management area
established.
new text end

Sec. 25.

Minnesota Statutes 2008, section 18.78, subdivision 1, is amended to read:


Subdivision 1.

Generally.

A person owning land, a person occupying land, or a
person responsible for the maintenance of public land shall control or eradicate all noxious
weeds on the land at a time and in a manner ordered by deleted text beginthe county agricultural inspector
or a local weed
deleted text end new text beginan new text endinspector new text beginor county-designated employeenew text end.

Sec. 26.

Minnesota Statutes 2008, section 18.78, is amended by adding a subdivision
to read:


new text begin Subd. 3. new text end

new text begin Cooperative weed control agreement. new text end

new text begin The commissioner, municipality,
or county agricultural inspector or county-designated employee may enter into a
cooperative weed control agreement with a landowner or weed management area
group to establish a mutually agreed upon noxious weed management plan for up to
three years duration, whereby a noxious weed problem will be controlled without
additional enforcement action. If a property owner fails to comply with the noxious weed
management plan, an individual notice may be served.
new text end

Sec. 27.

Minnesota Statutes 2008, section 18.79, is amended to read:


18.79 DUTIES OF COMMISSIONER.

Subdivision 1.

Enforcement.

The commissioner deleted text beginof agriculturedeleted text end shall administer
and enforce sections 18.76 to deleted text begin18.88deleted text endnew text begin 18.91new text end.

Subd. 2.

Authorized agents.

County agricultural inspectors may administer and
enforce sections 18.76 to deleted text begin18.88deleted text endnew text begin 18.91new text endnew text begin. A county-designated employee may enforce
sections 18.78, 18.82, 18.83, 18.84, 18.86, and 18.87
new text end. new text beginA county must make the identity of
a county-designated employee described by this subdivision available to the public.
new text end

Subd. 3.

Entry upon land.

To administer and enforce sections 18.76 to deleted text begin18.88deleted text endnew text begin 18.91new text end,
deleted text begin county agricultural inspectors and local weed inspectorsdeleted text end new text beginan inspector or county-designated
employee
new text endmay enter upon land without consent of the owner and without being subject
to an action for trespass or any damages.

Subd. 4.

Rules.

The commissioner may adopt necessary rules under chapter 14 for
the proper enforcement of sections 18.76 to deleted text begin18.88deleted text endnew text begin 18.91new text end.

Subd. 5.

Order for control or eradication of noxious weeds.

deleted text beginA county agricultural
inspector or a local weed
deleted text end new text beginAn new text endinspector new text beginor county-designated employeenew text end may order
the control or eradication of noxious weeds on any land within the deleted text beginstatedeleted text endnew text begin inspector's
or county-designated employee's jurisdiction
new text end. new text beginA county must make the identity of a
county-designated employee described by this subdivision available to the public.
new text end

Subd. 6.

deleted text beginInitialdeleted text end Training for control or eradication of noxious weeds.

The
commissioner shall conduct initial training considered necessary for deleted text beginweeddeleted text end inspectors new text beginand
county-designated employees
new text end in the enforcement of the new text beginMinnesota new text endNoxious Weed Law.
The director of the Minnesota Extension Service may conduct educational programs for
the general public that will aid compliance with the new text beginMinnesota new text endNoxious Weed Law. new text beginUpon
request, the commissioner may provide information and other technical assistance to the
county agricultural inspector or county-designated employee to aid in the performance of
responsibilities specified by the county board under section 18.81, subdivisions 1a and 1b.
new text end

Subd. 7.

Meetings and reports.

The commissioner shall designate by rule deleted text beginthedeleted text end
reports deleted text beginthat aredeleted text end required to be made and deleted text beginthedeleted text end meetings that must be attended by deleted text beginweeddeleted text end
inspectors.

Subd. 8.

Prescribed forms.

The commissioner shall prescribe the forms to be used
by deleted text beginweeddeleted text end inspectors new text beginand county-designated employeesnew text end in the enforcement of sections
18.76 to deleted text begin18.88deleted text endnew text begin 18.91new text end.

Subd. 9.

Injunction.

If the county agricultural inspector new text beginor county-designated
employee
new text end applies to a court for a temporary or permanent injunction restraining a person
from violating or continuing to violate sections 18.76 to deleted text begin18.88deleted text endnew text begin 18.91new text end, the injunction may
be issued without requiring a bond.

Subd. 10.

Prosecution.

On finding that a person has violated sections 18.76 to
deleted text begin 18.88deleted text endnew text begin 18.91new text end, the county agricultural inspector new text beginor county-designated employeenew text end may start
court proceedings in the locality in which the violation occurred. The county attorney
may prosecute actions under sections 18.76 to deleted text begin18.88deleted text endnew text begin 18.91new text end within the county attorney's
jurisdiction.

Subd. 12.

Noxious-weed-free forage and mulch certification agency.

The official
certification agency for noxious-weed-free forage deleted text beginanddeleted text endnew text begin,new text end mulch deleted text beginshalldeleted text endnew text begin, soil, gravel, and other
material must
new text end be determined by the commissioner deleted text beginof agriculturedeleted text end in consultation with the
director of the Minnesota agricultural experiment station.new text begin The commissioner may also
certify forage, mulch, soil, gravel, or other material as noxious weed free.
new text end

new text begin Subd. 13. new text end

new text begin Noxious weed designation. new text end

new text begin The commissioner, in consultation with the
Noxious Weed Advisory Committee, shall determine which plants are noxious weeds
subject to control under sections 18.76 to 18.91. The commissioner shall prepare, publish,
and revise as necessary, but at least once every three years, a list of noxious weeds
and their designated classification. The list must be distributed to the public by the
commissioner who may request the help of the University of Minnesota Extension, the
county agricultural inspectors, and any other organization the commissioner considers
appropriate to assist in the distribution. The commissioner may, in consultation with
the Noxious Weed Advisory Committee, accept and consider noxious weed designation
petitions from Minnesota citizens or Minnesota organizations or associations.
new text end

new text begin Subd. 14. new text end

new text begin County petition. new text end

new text begin A county may petition the commissioner to designate
specific noxious weeds which are a control problem in the county.
new text end

new text begin Subd. 15. new text end

new text begin Noxious weed management. new text end

new text begin The commissioner, in consultation with the
Noxious Weed Advisory Committee, shall develop management strategies and criteria
for each noxious weed category.
new text end

new text begin Subd. 16. new text end

new text begin Gifts; grants; contracts; funds. new text end

new text begin The commissioner, counties, and
municipalities may apply for and accept any gift, grant, contract, or other funds or
grants-in-aid from the federal government or other public and private sources for noxious
weed control purposes.
new text end

new text begin Subd. 17. new text end

new text begin Noxious weed investigation. new text end

new text begin The commissioner shall investigate the
subject of noxious weeds and conduct investigations outside this state to protect the
interest of the agricultural industry, forests, or the environment of this state from noxious
weeds not generally growing in Minnesota.
new text end

new text begin Subd. 18. new text end

new text begin Noxious weed education. new text end

new text begin The commissioner shall disseminate
information and conduct educational campaigns with respect to control of noxious weeds
or invasive plants to enhance regulatory compliance and voluntary efforts to eliminate or
manage these plants. The commissioner shall call and attend meetings and conferences
dealing with the subject of noxious weeds. The commissioner shall maintain on the
department's Web site noxious weed management information including but not limited
to the roles and responsibilities of citizens and government entities under sections 18.76
to 18.91 and specific guidance as to whom a person should contact to report a noxious
weed issue.
new text end

new text begin Subd. 19. new text end

new text begin State and federal lands. new text end

new text begin The commissioner shall inform and direct state
and federal agencies regarding their responsibility to manage and control noxious weeds
on land that those agencies own, control, or manage.
new text end

new text begin Subd. 20. new text end

new text begin Interagency cooperation. new text end

new text begin The commissioner shall cooperate with
agencies of federal, state, and local governments and other persons in carrying out duties
under sections 18.76 to 18.91.
new text end

new text begin Subd. 21. new text end

new text begin Weed management area. new text end

new text begin The commissioner, in consultation with the
Noxious Weed Advisory Committee, may establish a weed management area to include a
part of one or more counties or all of one or more counties of this state and shall include all
the land within the boundaries of the area established. Weed management plans developed
for a weed management area must be reviewed and approved by the commissioner and
the Noxious Weed Advisory Committee. Weed management areas may seek funding
under section 18.90.
new text end

Sec. 28.

Minnesota Statutes 2008, section 18.80, subdivision 1, is amended to read:


Subdivision 1.

County agricultural inspectorsnew text begin; and county-designated
employees
new text end.

The county board shall new text begineither new text endappointnew text begin at leastnew text end one deleted text beginor more deleted text endcounty agricultural
deleted text begin inspectors that meet the qualifications prescribed by rule. The appointment must be for
a period of time which is sufficient to accomplish the duties assigned to this position
deleted text endnew text begin
inspector to carry out the duties specified under section 18.81, subdivisions 1a and 1b,
or a county-designated employee to carry out the duties specified under section 18.81,
subdivision 1a
new text end. A notice of the appointment new text beginof either a county agricultural inspector or
county-designated employee
new text endmust be delivered to the commissioner within deleted text begintendeleted text endnew text begin 30new text end daysdeleted text begin of
the appointment and it must establish the initial number of hours to be worked annually
deleted text end.

Sec. 29.

Minnesota Statutes 2008, section 18.81, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Duties; county agricultural inspectors and county-designated
employees.
new text end

new text begin The county agricultural inspector or county-designated employee shall be
responsible for:
new text end

new text begin (1) the enforcement provisions under sections 18.78, 18.82, 18.83, 18.84, 18.86
and 18.87; and
new text end

new text begin (2) providing a point of contact within the county for noxious weed issues.
new text end

Sec. 30.

Minnesota Statutes 2008, section 18.81, is amended by adding a subdivision
to read:


new text begin Subd. 1b. new text end

new text begin County agricultural inspectors. new text end

new text begin In addition to the mandatory duties
specified in subdivision 1a, the county board must specify the responsibilities of the
county agricultural inspector in the annual work plan. The responsibilities may include:
new text end

new text begin (1) to see that sections 18.76 to 18.91 and rules adopted under those sections are
carried out within the inspector's jurisdiction;
new text end

new text begin (2) to see that sections 21.80 to 21.92 and rules adopted under those sections are
carried out within the inspector's jurisdiction;
new text end

new text begin (3) to see that sections 21.71 to 21.78 and rules adopted under those sections are
carried out within the inspector's jurisdiction;
new text end

new text begin (4) to participate in the control programs for invasive plant species, feed, fertilizer,
pesticide, and plant and insect pests when requested, in writing, to do so by the
commissioner;
new text end

new text begin (5) to participate in other agricultural programs under the control of the
commissioner when requested, in writing, by the commissioner to do so;
new text end

new text begin (6) to administer the distribution of funds allocated by the county board to the county
agricultural inspector for noxious weed control and eradication within the county;
new text end

new text begin (7) to submit reports and attend meetings that the commissioner requires;
new text end

new text begin (8) to publish a general weed notice of the legal duty to control noxious weeds in
one or more legal newspapers of general circulation throughout the county; and
new text end

new text begin (9) to be the primary contact in the county for all plant biological control agents.
new text end

Sec. 31.

Minnesota Statutes 2008, section 18.81, subdivision 3, is amended to read:


Subd. 3.

Nonperformance by inspectors; reimbursement for expenses.

If local
weed inspectors neglect or fail to do their duty as prescribed in this section, the county
agricultural inspector deleted text beginshalldeleted text endnew text begin or county-designated employee, in consultation with the
commissioner, may
new text end issue a notice to the inspector providing instructions on how and
when to do their duty. If, after the time allowed in the notice, the local weed inspector
has not complied as directed, the county agricultural inspectornew text begin or county-designated
employee
new text end may new text beginconsult with the commissioner to new text endperform the duty for the local weed
inspector. A claim for the expense of doing the local weed inspector's duty is a legal
charge against the municipality in which the inspector has jurisdiction. The county
agricultural inspector deleted text begindoingdeleted text endnew text begin or county-designated employee overseeingnew text end the work may file
an itemized statement of costs with the clerk of the municipality in which the work was
performed. The municipality shall immediately issue proper warrants to the county for
the work performed. If the municipality fails to issue the warrants, the county auditor
may include the amount contained in the itemized statement of costs as part of the next
annual tax levy in the municipality and withhold that amount from the municipality in
making its next apportionment.

Sec. 32.

Minnesota Statutes 2008, section 18.82, subdivision 1, is amended to read:


Subdivision 1.

Permits.

Except as provided in section 21.74, if a person wants to
transport along a public highway materials or equipment containing the propagating
parts of weeds designated as noxious by the commissioner, the person must secure
a written permit for transportation of the material or equipment from deleted text begina local weed
inspector or county agricultural
deleted text end new text beginan new text endinspector new text beginor county-designated employeenew text end. Inspectors
new text begin or county-designated employeesnew text end may issue permits to persons residing or operating within
their jurisdiction. If the noxious weed propagating parts are removed from materials and
equipment or devitalized before being transported, a permit is not needed.

Sec. 33.

Minnesota Statutes 2008, section 18.82, subdivision 3, is amended to read:


Subd. 3.

Duration of permit; revocation.

A permit under subdivision 1 is valid for
up to one year after the date it is issued unless otherwise specified by the deleted text beginweeddeleted text end inspector
new text begin or county-designated employeenew text end issuing the permit. The permit may be revoked if deleted text begina
county agricultural inspector or local weed
deleted text end new text beginan new text endinspector new text beginor county-designated employeenew text end
determines that the applicant has not complied with this section.

Sec. 34.

Minnesota Statutes 2008, section 18.83, is amended to read:


18.83 CONTROL; ERADICATION; NOTICES; EXPENSES.

Subdivision 1.

General weed notice.

A general notice for noxious weed control
or eradication must be published on or before May 15 of each year deleted text beginand at other
times the commissioner directs
deleted text end. Failure of the county agricultural weed inspector new text beginor
county-designated employee
new text end to publish the general notice does not relieve a person from
the necessity of full compliance with sections 18.76 to deleted text begin18.88deleted text end new text begin18.91 new text endand related rules. The
published notice is legal and sufficient notice when an individual notice cannot be served.

Subd. 2.

Individual notice.

deleted text beginA weeddeleted text end new text beginAn new text endinspector new text beginor county-designated employeenew text end
may find it necessary to secure more prompt or definite control or eradication of
noxious weeds than is accomplished by the published general notice. In these special or
individual instances, involving one or a limited number of persons, the deleted text beginweeddeleted text end inspector
new text begin or county-designated employeenew text end having jurisdiction shall serve individual notices in
writing upon the person who owns the land and the person who occupies the land, or the
person responsible for or charged with the maintenance of public land, giving specific
instructions on when and how named noxious weeds are to be controlled or eradicated.
Individual notices provided for in this section must be served in the same manner as a
summons in a civil action in the district court or by certified mail. Service on a person
living temporarily or permanently outside of the deleted text beginweeddeleted text end inspector's new text beginor county-designated
employee's
new text end jurisdiction may be made by sending the notice by certified mail to the last
known address of the person, to be ascertained, if necessary, from the last tax list in the
county treasurer's office.

Subd. 3.

Appeal of individual notice; appeal committee.

(1) A recipient of an
individual notice may appeal, in writing, the order for control or eradication of noxious
weeds. This appeal must be filed with a member of the appeal committee in the county
where the land is located within two working days of the time the notice is received. The
committee must inspect the land specified in the notice and report back to the recipient and
the inspector new text beginor county-designated employeenew text end who issued the notice within five working
days, either agreeing, disagreeing, or revising the order. The decision may be appealed
in district court. If the committee agrees or revises the order, the control or eradication
specified in the order, as approved or revised by the committee, may be carried out.

(2) The county board deleted text beginof commissionersdeleted text end shall appoint members of the appeal
committee. The membership must include a county commissioner or municipal official
and a landowner residing in the county. The expenses of the members may be reimbursed
by the county upon submission of an itemized statement to the county auditor. At its
option, the county board deleted text beginof commissionersdeleted text end, by resolution, may delegate the duties of the
appeal committee to its board of adjustment established pursuant to section 394.27. When
carrying out the duties of the appeal committee, the zoning board of adjustment shall
comply with all of the procedural requirements of this section.

Subd. 4.

Control or eradication by inspector new text beginor county-designated employeenew text end.

If
a person does not comply with an individual notice served on the person or an individual
notice cannot be served, the deleted text beginweeddeleted text end inspector new text beginor county-designated employeenew text end having
jurisdiction shall have the noxious weeds controlled or eradicated within the time and in
the manner the deleted text beginweeddeleted text end inspector new text beginor county-designated employeenew text end designates.

Subd. 5.

Control or eradication by inspector new text beginor county-designated employeenew text end
in growing crop.

deleted text beginA weeddeleted text end new text beginAn new text endinspector new text beginor county-designated employeenew text end may consider it
necessary to control or eradicate noxious weeds along with all or a part of a growing
crop to prevent the maturation and spread of noxious weeds within the inspector's new text beginor
county-designated employee's
new text end jurisdiction. If this situation exists, the deleted text beginweeddeleted text end inspector
new text begin or county-designated employee new text endmay have the noxious weeds controlled or eradicated
together with the crop after the appeal committee has reviewed the matter as outlined in
subdivision 3 and reported back agreement with the order.

Subd. 6.

Authorization for person hired to enter upon land.

The deleted text beginweeddeleted text end inspector
new text begin or county-designated employeenew text end may hire a person to control or eradicate noxious weeds if
the person who owns the land, the person who occupies the land, or the person responsible
for the maintenance of public land has failed to comply with an individual notice or with
the published general notice when an individual notice cannot be served. The person
hired must have authorization, in writing, from the deleted text beginweeddeleted text end inspector new text beginor county-designated
employee
new text end to enter upon the land.

Subd. 7.

Expenses; reimbursements.

A claim for the expense of controlling or
eradicating noxious weeds, which may include the costs of serving notices, is a legal
charge against the county in which the land is located. The officers having the work done
must file with the county auditor a verified and itemized statement of cost for all services
rendered on each separate tract or lot of land. The county auditor shall immediately issue
proper warrants to the persons named on the statement as having rendered services. To
reimburse the county for its expenditure in this regard, the county auditor shall certify
the total amount due and, unless an appeal is made in accordance with section 18.84,
enter it on the tax roll as a tax upon the land and it must be collected as other real estate
taxes are collected.

If public land is involved, the amount due must be paid from funds provided for
maintenance of the land or from the general revenue or operating fund of the agency
responsible for the land. Each claim for control or eradication of noxious weeds on public
lands must first be approved by the commissioner of agriculture.

Sec. 35.

Minnesota Statutes 2008, section 18.84, subdivision 1, is amended to read:


Subdivision 1.

Counties and municipalities.

Counties and municipalities are
not liable for damages from the noxious weed control program for actions conducted in
accordance with sections 18.76 to deleted text begin18.88deleted text endnew text begin 18.91new text end.

Sec. 36.

Minnesota Statutes 2008, section 18.84, subdivision 2, is amended to read:


Subd. 2.

Appeal new text beginof charges new text endto county board.

A person who is ordered to control
noxious weeds under sections 18.76 to deleted text begin18.88deleted text end new text begin18.91 new text endand is charged for noxious weed
control may appeal the cost of noxious weed control to the county board of the county
where the noxious weed control measures were undertaken within 30 days after being
charged. The county board shall determine the amount and approve the charge and filing
of a lien against the property if it determines that the owner, or occupant if other than the
owner, responsible for controlling noxious weeds did not comply with the order of the
inspector new text beginor county-designated employeenew text end.

Sec. 37.

Minnesota Statutes 2008, section 18.84, subdivision 3, is amended to read:


Subd. 3.

deleted text beginCourtdeleted text end Appeal of costsnew text begin to district courtnew text end; petition.

(a) A deleted text beginlandowner who
has appealed
deleted text end new text beginperson who is ordered to control noxious weeds under sections 18.76 to 18.91
and is charged for
new text endthe cost of noxious weed control deleted text beginmeasures under subdivision 2deleted text end may
petition for judicial reviewnew text begin of the chargesnew text end. The petition must be filed within 30 days after
deleted text begin the conclusion of the hearing before the county boarddeleted text endnew text begin being chargednew text end. The petition must be
filed with the court administrator in the county in which the land where the noxious weed
control measures were undertaken is located, together with proof of service of a copy of
the petition on the county auditor. No responsive pleadings may be required of the county,
and no court fees may be charged for the appearance of the county in this matter.

(b) The petition must be captioned in the name of the person making the petition as
petitioner and respective county as respondents. The petition must include the petitioner's
name, the legal description of the land involved, a copy of the notice to control noxious
weeds, and the date or dates on which appealed control measures were undertaken.

(c) The petition must state with specificity the grounds upon which the petitioner
seeks to avoid the imposition of a lien for the cost of noxious weed control measures.

Sec. 38.

Minnesota Statutes 2008, section 18.86, is amended to read:


18.86 UNLAWFUL ACTS.

No person may:

(1) hinder or obstruct in any way deleted text beginthe county agricultural inspectors or local weed
inspectors
deleted text end new text beginan inspector or county-designated employee new text endin the performance of deleted text begintheirdeleted text end duties
deleted text begin as provided indeleted text end new text beginunder new text endsections 18.76 to deleted text begin18.88deleted text end new text begin18.91 new text endor related rules;

(2) neglect, fail, or refuse to comply with section 18.82 or related rules in the
transportation and use of material or equipment infested with noxious weed propagating
parts;

(3) sell material containing noxious weed propagating parts to a person who does
not have a permit to transport that material or to a person who does not have a screenings
permit issued in accordance with section 21.74; or

(4) neglect, fail, or refuse to comply with a general notice or an individual notice to
control or eradicate noxious weeds.

Sec. 39.

Minnesota Statutes 2008, section 18.87, is amended to read:


18.87 PENALTY.

A violation of section 18.86 or a rule adopted under that section is a misdemeanor.
deleted text begin County agricultural inspectors, local weeddeleted text end Inspectorsnew text begin, county-designated employeesnew text end, or
their appointed assistants are not subject to the penalties of this section for failure, neglect,
or refusal to perform duties imposed on them by sections 18.76 to deleted text begin18.88deleted text endnew text begin 18.91new text end.

Sec. 40.

Minnesota Statutes 2008, section 18.88, is amended to read:


18.88 NOXIOUS WEED PROGRAM FUNDING.

Subdivision 1.

County.

The county board shall pay, from the general revenue or
other fund for the county, the expenses for the county agricultural inspector position new text beginor
county-designated employee
new text end, for noxious weed control or eradication on all land owned
by the county or on land deleted text beginthatdeleted text end new text beginfor which new text endthe county is responsible for deleted text beginthedeleted text end new text beginits new text endmaintenance
deleted text begin of,deleted text end new text beginand new text endfor the expenses of the appeal committeedeleted text begin, and for necessary expenses as required
for quarantines within the county
deleted text end.new text begin Use of funding from grants and other sources for the
administration and enforcement of the Minnesota Noxious Weed Law must be approved
by the county board.
new text end

Subd. 2.

Municipality.

The municipality shall pay, from the general revenue or
other fund for the municipality, the necessary expenses of the local weed inspector in the
performance of duties required deleted text beginfor quarantines within the municipality, anddeleted text end for noxious
weed control or eradication on land owned by the municipality or on land for which the
municipality is responsible for its maintenance.new text begin Use of funding from grants and other
sources for the administration and enforcement of the Minnesota Noxious Weed Law must
be approved by the town board or city mayor.
new text end

new text begin Subd. 3. new text end

new text begin Funding. new text end

new text begin Funding in the form of grants or cost sharing may be provided
to the counties for the performance of their activities under section 18.81, subdivisions
1a and 1b.
new text end

Sec. 41.

new text begin [18.89] NOXIOUS WEED AND INVASIVE PLANT SPECIES
ASSISTANCE ACCOUNT.
new text end

new text begin The noxious weed and invasive plant species assistance account is created in the
agricultural fund. The account may be used to carry out the purposes of section 18.90.
Any money transferred or appropriated to the account and any money received by the
account as gifts or grants or other private or public funds obtained for the purposes in
section 18.91 must be credited to the account. The money in the account is annually
appropriated to the commissioner to implement section 18.90.
new text end

Sec. 42.

new text begin [18.90] GRANT PROGRAM.
new text end

new text begin (a) From funds available in the noxious weed and invasive plant species assistance
account established in section 18.89, the commissioner shall administer a grant program
to assist counties and municipalities and other weed management entities in the cost
of implementing and maintaining noxious weed control programs and in addressing
special weed control problems. The commissioner shall receive applications by counties,
municipalities, weed management areas, and weed management entities for assistance
under this section and, in consultation with the Noxious Weed Advisory Committee,
award grants for any of the following eligible purposes:
new text end

new text begin (1) to conduct applied research to solve locally significant weed management
problems;
new text end

new text begin (2) to demonstrate innovative control methods or land management practices which
have the potential to reduce landowner costs to control noxious weeds or improve the
effectiveness of noxious weed control;
new text end

new text begin (3) to encourage the ongoing support of weed management areas;
new text end

new text begin (4) to respond to introductions or infestations of invasive plants that threaten or
potentially threaten the productivity of cropland and rangeland over a wide area;
new text end

new text begin (5) to respond to introductions or infestations of invasive plant species that threaten
or potentially threaten the productivity of biodiversity of wildlife and fishery habitats on
public and private lands;
new text end

new text begin (6) to respond to special weed control problems involving weeds not included in the
list of noxious weeds published and distributed by the commissioner;
new text end

new text begin (7) to conduct monitoring or surveillance activities to detect, map, or determine
the distribution of invasive plant species and to determine susceptible locations for the
introduction or spread of invasive plant species; and
new text end

new text begin (8) to conduct educational activities.
new text end

new text begin (b) The commissioner shall select and prioritize applications for assistance under
this section based on the following considerations:
new text end

new text begin (1) the seriousness of the noxious weed or invasive plant problem or potential
problem addressed by the project;
new text end

new text begin (2) the ability of the project to provide timely intervention to save current and future
costs of control and eradication;
new text end

new text begin (3) the likelihood that the project will prevent or resolve the problem or increase
knowledge about resolving similar problems in the future;
new text end

new text begin (4) the extent to which the project will leverage federal funds and other nonstate
funds;
new text end

new text begin (5) the extent to which the applicant has made progress in addressing noxious weed
or invasive plant problems;
new text end

new text begin (6) the extent to which the project will provide a comprehensive approach to the
control or eradication of noxious weeds;
new text end

new text begin (7) the extent to which the project will reduce the total population or area of
infestation of a noxious weed;
new text end

new text begin (8) the extent to which the project uses the principles of integrated vegetation
management and sound science; and
new text end

new text begin (9) other factors that the commissioner determines to be relevant.
new text end

new text begin (c) Nothing in this section may be construed to relieve a person of the duty or
responsibility to control the spread of noxious weeds on lands owned and controlled
by the person.
new text end

Sec. 43.

new text begin [18.91] ADVISORY COMMITTEE; MEMBERSHIP.
new text end

new text begin Subdivision 1. new text end

new text begin Duties. new text end

new text begin The commissioner shall consult with the Noxious Weed
Advisory Committee to advise the commissioner concerning responsibilities under
the noxious weed control program. The committee shall also evaluate species for
invasiveness, difficulty of control, cost of control, benefits, and amount of injury caused
by them. For each species evaluated, the committee shall recommend to the commissioner
on which noxious weed list or lists, if any, the species should be placed. Species currently
designated as prohibited or restricted noxious weeds must be reevaluated every three years
for a recommendation on whether or not they need to remain on the noxious weed lists.
Members of the committee are not entitled to reimbursement of expenses nor payment
of per diem. Members shall serve two-year terms with subsequent reappointment by
the commissioner.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin The commissioner shall appoint members, which shall
include representatives from the following:
new text end

new text begin (1) horticultural science, agronomy, and forestry at the University of Minnesota;
new text end

new text begin (2) the nursery and landscape industry in Minnesota;
new text end

new text begin (3) the seed industry in Minnesota;
new text end

new text begin (4) the Department of Agriculture;
new text end

new text begin (5) the Department of Natural Resources;
new text end

new text begin (6) a conservation organization;
new text end

new text begin (7) an environmental organization;
new text end

new text begin (8) at least two farm organizations;
new text end

new text begin (9) the county agricultural inspectors;
new text end

new text begin (10) city, township, and county governments;
new text end

new text begin (11) the Department of Transportation;
new text end

new text begin (12) the University of Minnesota Extension;
new text end

new text begin (13) the timber and forestry industry in Minnesota;
new text end

new text begin (14) the Board of Water and Soil Resources; and
new text end

new text begin (15) soil and water conservation districts.
new text end

new text begin Subd. 3. new text end

new text begin Additional duties. new text end

new text begin The committee shall conduct evaluations of terrestrial
plant species to recommend if they need to be designated as noxious weeds and into which
noxious weed classification they should be designated, advise the commissioner on the
implementation of the Minnesota Noxious Weed Law, and assist the commissioner in the
development of management criteria for each noxious weed category.
new text end

new text begin Subd. 4. new text end

new text begin Organization. new text end

new text begin The committee shall select a chair from its membership.
Meetings of the committee may be called by or at the direction of the commissioner or
upon direction of the chair.
new text end

new text begin Subd. 5. new text end

new text begin Expiration. new text end

new text begin Notwithstanding section 15.059, subdivision 5, the committee
expires June 30, 2013.
new text end

Sec. 44.

Minnesota Statutes 2008, section 18B.01, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Agricultural pesticide. new text end

new text begin "Agricultural pesticide" means a pesticide
that bears labeling that meets federal worker protection agricultural use requirements
established in Code of Federal Regulations, title 40, parts 156 and 170.
new text end

Sec. 45.

Minnesota Statutes 2008, section 18B.01, is amended by adding a subdivision
to read:


new text begin Subd. 1b. new text end

new text begin Agricultural pesticide dealer. new text end

new text begin "Agricultural pesticide dealer" means a
person who distributes an agricultural pesticide in the state or into the state to an end user.
This action would commonly be described as a retail sale.
new text end

Sec. 46.

Minnesota Statutes 2008, section 18B.01, subdivision 8, is amended to read:


Subd. 8.

Distribute.

"Distribute" means offer for sale, sell, barter, ship, deliver for
shipment, receive and deliver, and offer to deliver pesticides in this statenew text begin or into this statenew text end.

Sec. 47.

Minnesota Statutes 2008, section 18B.01, is amended by adding a subdivision
to read:


new text begin Subd. 14b. new text end

new text begin Nonagricultural pesticide. new text end

new text begin "Nonagricultural pesticide" means a
pesticide that does not bear labeling that meets federal worker protection agricultural use
requirements established in Code of Federal Regulations, title 40, parts 156 and 170.
new text end

Sec. 48.

Minnesota Statutes 2008, section 18B.065, subdivision 1, is amended to read:


Subdivision 1.

Collection and disposal.

The commissioner of agriculture shall
establish and operate a program to collect and dispose of waste pesticides. The program
must be made available to agricultural and deleted text beginresidentialdeleted text endnew text begin nonagriculturalnew text end pesticide end users
whose waste generating activity occurs in this state. new text beginWaste pesticide generated in another
state is not eligible for collection under this section.
new text end

Sec. 49.

Minnesota Statutes 2008, section 18B.065, subdivision 2, is amended to read:


Subd. 2.

Implementation.

(a) The commissioner may obtain a United States
Environmental Protection Agency hazardous waste identification number to manage the
waste pesticides collected.

(b) The commissioner may deleted text beginnotdeleted text end limit the type and quantity of waste pesticides
accepted for collection and may deleted text beginnotdeleted text end assess pesticide end users for portions of the costs
incurred.

Sec. 50.

Minnesota Statutes 2008, section 18B.065, subdivision 2a, is amended to read:


Subd. 2a.

Disposal site requirement.

(a) For agricultural waste pesticides, the
commissioner must designate a place in each county of the state that is available at least
every new text beginother new text endyear for persons to dispose of unused portions of agricultural pesticides. The
commissioner shall consult with the person responsible for solid waste management
and disposal in each county to determine an appropriate location and to advertise each
collection event. new text beginThe commissioner may provide a collection opportunity in a county
more frequently if the commissioner determines that a collection is warranted.
new text end

(b) For deleted text beginresidentialdeleted text endnew text begin nonagriculturalnew text end waste pesticides, the commissioner must provide
deleted text begin periodicdeleted text endnew text begin anew text end disposal deleted text beginopportunitiesdeleted text endnew text begin opportunitynew text end each year in each county.

new text begin (c) new text endAs provided under subdivision 7, the commissioner may enter into new text begincooperative
new text endagreements with deleted text begincounty or regional solid waste management entitiesdeleted text endnew text begin local units of
government
new text end to provide deleted text beginthesedeleted text endnew text begin thenew text end collections new text beginrequired under paragraph (a) or (b) new text endand shall
provide deleted text beginthese entitiesdeleted text end new text begina local unit of government, as part of the cooperative agreement,
new text endwith funding for reasonable costs incurred including, but not limited to, related supplies,
transportation, advertising, and disposal costs as well as reasonable overhead costs.

deleted text begin (c)deleted text endnew text begin (d)new text end A person who collects waste pesticide under deleted text beginparagraph (a) or (b)deleted text end new text beginthis
section
new text endshallnew text begin, on a form provided or in a method approved by the commissioner,new text end record
information on each waste pesticide product collected including, but not limited to, new text beginthe
quantity collected and either
new text endthe product namedeleted text begin,deleted text endnew text begin and itsnew text end active ingredient or ingredientsdeleted text begin,
quantity, and
deleted text end new text beginor new text endthe United States Environmental Protection Agency registration numberdeleted text begin,
on a form provided by the commissioner
deleted text end. The person must submit this information to the
commissioner at least annuallynew text begin by January 30new text end.

Sec. 51.

Minnesota Statutes 2008, section 18B.065, subdivision 3, is amended to read:


Subd. 3.

Information deleted text beginanddeleted text endnew text begin;new text end educationnew text begin; reportnew text end.

new text begin(a) new text endThe commissioner shall
provide informational and educational materials regarding waste pesticides and the proper
management of waste pesticides to the public.

new text begin (b) No later than March 15 each year, the commissioner must report the following to
the legislative committees with jurisdiction over agriculture finance:
new text end

new text begin (1) each instance of a refusal to collect waste pesticide or the assessment of a fee to a
pesticide end user as authorized in subdivision 2, paragraph (b); and
new text end

new text begin (2) waste pesticide collection information including a discussion of the type and
quantity of waste pesticide collected by the commissioner and any entity collecting waste
pesticide under subdivision 7 during the previous calendar year, a summary of waste
pesticide collection trends, and any corresponding program recommendations.
new text end

Sec. 52.

Minnesota Statutes 2008, section 18B.065, subdivision 7, is amended to read:


Subd. 7.

Cooperative agreements.

new text begin(a) new text endThe commissioner may enter into
cooperative agreements with state agencies and local units of government for
administration of the waste pesticide collection program. The commissioner shall ensure
that the program is carried out in all counties. If the commissioner cannot contract with
another party to administer the program in a county, the commissioner shall perform
collections according to the provisions of this section.

new text begin (b) The commissioner, according to the terms of a cooperative agreement between
the commissioner and a local unit of government, may establish limits for unusual types
or excessive quantities of waste pesticide offered by pesticide end users to the local unit
of government.
new text end

Sec. 53.

Minnesota Statutes 2008, section 18B.065, is amended by adding a
subdivision to read:


new text begin Subd. 8. new text end

new text begin Waste pesticide program surcharge. new text end

new text begin The commissioner shall annually
collect a waste pesticide program surcharge of $50 on each pesticide product registered
in the state as part of a pesticide product registration application under section 18B.26,
subdivision 3.
new text end

Sec. 54.

Minnesota Statutes 2008, section 18B.065, is amended by adding a
subdivision to read:


new text begin Subd. 9. new text end

new text begin Waste pesticide cooperative agreement account. new text end

new text begin (a) A waste pesticide
cooperative agreement account is created in the agricultural fund. Notwithstanding section
18B.05, the proceeds of surcharges imposed under subdivision 8 must be deposited in the
agricultural fund and credited to the waste pesticide cooperative agreement account.
new text end

new text begin (b) Money in the waste pesticide cooperative agreement account, including interest,
is appropriated to the commissioner and may only be used for costs incurred under a
cooperative agreement pursuant to this section.
new text end

new text begin (c) Notwithstanding paragraph (b), if the amount available in the waste pesticide
cooperative agreement account in any fiscal year exceeds the amount obligated to local
units of government under subdivision 7, the excess is appropriated to the commissioner
to perform waste pesticide collections under this section.
new text end

Sec. 55.

Minnesota Statutes 2008, section 18B.26, subdivision 1, is amended to read:


Subdivision 1.

Requirement.

(a) Except as provided in paragraphs (b) to (d), a
person may not use or distribute a pesticide in this state unless it is registered with the
commissioner. Pesticide registrations expire on December 31 of each year and may be
renewed on or before that date for the following calendar year.

(b) Registration is not required if a pesticide is shipped from one plant or warehouse
to another plant or warehouse operated by the same person and used solely at the plant
or warehouse as an ingredient in the formulation of a pesticide that is registered under
this chapter.

(c) An unregistered pesticide that was previously registered with the commissioner
may be used for a period of two years following the cancellation of the registration of the
pesticide, unless the commissioner determines that the continued use of the pesticide
would cause unreasonable adverse effects on the environment, or with the written
permission of the commissioner. To use the unregistered pesticide at any time after
the two-year period, the pesticide end user must demonstrate to the satisfaction of the
commissioner, if requested, that the pesticide has been continuously registered under a
different brand name or by a different manufacturer and has similar composition, or, the
pesticide end user obtains the written permission of the commissioner.

(d) The commissioner may allow specific pesticide products that are not registered
with the commissioner to be distributed in this state for use in another state.

(e) Each pesticide with a unique United States Environmental Protection Agency
pesticide registration number or a unique brand name must be registered with the
commissioner.

new text begin (f) It is unlawful for a person to distribute or use a pesticide in the state, or to sell
into the state for use in the state, any pesticide product that has not been registered by the
commissioner and for which the applicable pesticide registration application fee, gross
sales fee, or waste pesticide program surcharge is not paid pursuant to subdivisions 3 and 4.
new text end

new text begin (g) Every person who sells for use in the state a pesticide product that has been
registered by the commissioner shall pay to the commissioner the applicable registration
application fees, sales fees, and waste pesticide program surcharges. These sales expressly
include all sales made electronically, telephonically, or by any other means that result in a
pesticide product being shipped to or used in the state. There is a rebuttable presumption
that pesticide products that are sold or distributed in or into the state by any person are
sold or distributed for use in the state.
new text end

Sec. 56.

Minnesota Statutes 2008, section 18B.26, subdivision 3, is amended to read:


Subd. 3.

new text beginRegistration new text endapplication new text beginand gross sales new text endfee.

(a) new text beginFor an agricultural
pesticide,
new text enda registrant shall pay an annual new text beginregistration new text endapplication fee for each new text beginagricultural
new text endpesticide deleted text beginto be registered, and this fee is set at 0.4 percent of annual gross sales within the
state and annual gross sales of pesticides used in the state, with a minimum nonrefundable
fee
deleted text end of deleted text begin$250deleted text endnew text begin $350. The fee is due by December 31 preceding the year for which the
application for registration is made. The fee is nonrefundable
new text end.

deleted text begin The registrant shall determine when and which pesticides are sold or used in this
state.
deleted text end new text begin(b) For a nonagricultural pesticide, a registrant shall pay a minimum annual
registration application fee for each nonagricultural pesticide of $350. The fee is due by
December 31 preceding the year for which the application for registration is made. The
fee is nonrefundable. The registrant of a nonagricultural pesticide shall pay, in addition to
the $350 minimum fee, a fee of 0.5 percent of annual gross sales of the nonagricultural
pesticide in the state and the annual gross sales of the nonagricultural pesticide sold into
the state for use in this state. The commissioner may not assess a fee under this paragraph
if the amount due based on percent of annual gross sales is less than $10.
new text endThe registrant
shall secure sufficient sales information of new text beginnonagricultural new text endpesticides distributed into
this state from distributors and dealers, regardless of distributor location, to make a
determination. Sales of new text beginnonagricultural new text endpesticides in this state and sales of new text beginnonagricultural
new text endpesticides for use in this state by out-of-state distributors are not exempt and must be
included in the registrant's annual report, as required under paragraph deleted text begin(c)deleted text endnew text begin (g)new text end, and fees
shall be paid by the registrant based upon those reported sales. Sales of new text beginnonagricultural
new text endpesticides in the state for use outside of the state are exempt from the deleted text beginapplicationdeleted text endnew text begin gross
sales
new text end fee in this paragraph if the registrant properly documents the sale location and
distributors. A registrant paying more than the minimum fee shall pay the balance due by
March 1 based on the gross sales of the new text beginnonagricultural new text endpesticide by the registrant for the
preceding calendar year. deleted text beginThe fee for disinfectants and sanitizers shall be the minimum.
The minimum fee is due by December 31 preceding the year for which the application for
registration is made. In each fiscal year, the commissioner shall allocate from the pesticide
regulatory account a sum sufficient to collect and dispose of waste pesticides under section
18B.065. However, notwithstanding section 18B.065, if the commissioner determines
that the balance in the pesticide regulatory account at the end of the fiscal year will be
less than $500,000, the commissioner may suspend waste pesticide collections or provide
partial payment to a person for waste pesticide collection. The commissioner must notify
as soon as possible and no later than August 1 a person under contract to collect waste
pesticides of an anticipated suspension or payment reduction.
deleted text end new text beginA pesticide determined by
the commissioner to be a sanitizer or disinfectant is exempt from the gross sales fee.
new text end

new text begin (c) For agricultural pesticides, a licensed agricultural pesticide dealer or licensed
pesticide dealer shall pay a gross sales fee of 0.55 percent of annual gross sales of the
agricultural pesticide in the state and the annual gross sales of the agricultural pesticide
sold into the state for use in this state.
new text end

new text begin (d) In those cases where a registrant first sells an agricultural pesticide in or into the
state to a pesticide end user, the registrant must first obtain an agricultural pesticide dealer
license and is responsible for payment of the annual gross sales fee under paragraph (c),
record keeping under paragraph (i), and all other requirements of section 18B.316.
new text end

new text begin (e) If the total annual revenue from fees collected in fiscal year 2011, 2012, or 2013,
by the commissioner on the registration and sale of pesticides is less than $6,600,000, the
commissioner, after a public hearing, may increase proportionally the pesticide sales and
product registration fees under this chapter by the amount necessary to ensure this level
of revenue is achieved. The authority under this section expires on June 30, 2014. The
commissioner shall report any fee increases under this paragraph 60 days before the fee
change is effective to the senate and house of representatives agriculture budget divisions.
new text end

deleted text begin (b)deleted text endnew text begin (f)new text end An additional fee of deleted text begin$100deleted text endnew text begin 50 percent of the registration application feenew text end must
be paid by the applicant for each pesticide to be registered if the application is a renewal
application that is submitted after December 31.

deleted text begin (c)deleted text endnew text begin (g)new text end A registrant must annually report to the commissioner the amount deleted text beginanddeleted text endnew text begin,new text end typenew text begin
and annual gross sales
new text end of each registered new text beginnonagricultural new text endpesticide sold, offered for sale, or
otherwise distributed in the state. The report shall be filed by March 1 for the previous
year's registration. The commissioner shall specify the form of the report new text beginor approve
the method for submittal of the report
new text endand new text beginmay new text endrequire additional information deemed
necessary to determine the amount and type of deleted text beginpesticidesdeleted text end new text beginnonagricultural pesticide
new text endannually distributed in the state. The information required shall include the brand name,
new text begin United States Environmental Protection Agency registration number and new text endamountdeleted text begin,
and formulation
deleted text end of each new text beginnonagricultural new text endpesticide sold, offered for sale, or otherwise
distributed in the state, but the information collected, if made public, shall be reported in a
manner which does not identify a specific brand name in the report.

new text begin (h) A licensed agricultural pesticide dealer or licensed pesticide dealer must annually
report to the commissioner the amount, type, and annual gross sales of each registered
agricultural pesticide sold, offered for sale, or otherwise distributed in the state or into the
state for use in the state. The report must be filed by January 31 for the previous year's
sales. The commissioner shall specify the form, contents, and approved electronic method
for submittal of the report and may require additional information deemed necessary to
determine the amount and type of agricultural pesticide annually distributed within the
state or into the state. The information required must include the brand name, United States
Environmental Protection Agency registration number, and amount of each agricultural
pesticide sold, offered for sale, or otherwise distributed in the state or into the state.
new text end

new text begin (i) A person who registers a pesticide with the commissioner under paragraph (b),
or a registrant under paragraph (d), shall keep accurate records for five years detailing
all distribution or sales transactions into the state or in the state and subject to a fee and
surcharge under this section.
new text end

new text begin (j) The records are subject to inspection, copying, and audit by the commissioner
and must clearly demonstrate proof of payment of all applicable fees and surcharges
for each registered pesticide product sold for use in this state. A person who is located
outside of this state must maintain and make available records required by this subdivision
in this state or pay all costs incurred by the commissioner in the inspecting, copying, or
auditing of the records.
new text end

new text begin (k) The commissioner may adopt by rule regulations that require persons subject
to audit under this section to provide information determined by the commissioner to be
necessary to enable the commissioner to perform the audit.
new text end

deleted text begin (d)deleted text endnew text begin (l)new text end A registrant who is required to pay more than the minimum fee for any
pesticide under paragraph deleted text begin(a)deleted text endnew text begin (b)new text end must pay a late fee penalty of $100 for each pesticide
application fee paid after March 1 in the year for which the license is to be issued.

new text begin EFFECTIVE DATE. new text end

new text begin The pesticide registration fee changes apply to pesticides
registered on or after July 1, 2009. The remaining provisions of this section apply to
pesticide sales that occur on or after January 1, 2010.
new text end

Sec. 57.

Minnesota Statutes 2008, section 18B.31, subdivision 3, is amended to read:


Subd. 3.

License.

A pesticide dealer license:

(1) new text beginis issued by the commissioner upon receipt and review of a complete initial or
renewal application;
new text end

new text begin (2) is valid for one year and new text endexpires on deleted text beginDecemberdeleted text endnew text begin Januarynew text end 31 of each year unless it
is suspended or revoked before that date;

deleted text begin (2)deleted text endnew text begin (3)new text end is not transferable to another location; and

deleted text begin (3)deleted text endnew text begin (4)new text end must be prominently displayed to the public in the pesticide dealer's place of
business.

Sec. 58.

Minnesota Statutes 2008, section 18B.31, subdivision 4, is amended to read:


Subd. 4.

Application.

(a) A person must apply to the commissioner for a pesticide
dealer license on the forms and in the manner required by the commissioner.

(b) The commissioner may require an additional demonstration of dealer
qualification if the dealer has had a license suspended or revoked, or has otherwise had a
history of violations of this chapter.

new text begin (c) An application for renewal of a pesticide dealer license is not complete until the
commissioner receives the report and applicable fees required under section 18B.316,
subdivision 8.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2010.
new text end

Sec. 59.

new text begin [18B.316] AGRICULTURAL PESTICIDE DEALER LICENSE AND
REPORTING.
new text end

new text begin Subdivision 1. new text end

new text begin Requirement. new text end

new text begin (a) A person must not distribute or sell an agricultural
pesticide in the state or into the state without first obtaining an agricultural pesticide
dealer license.
new text end

new text begin (b) Each location or place of business from which an agricultural pesticide is
distributed or sold in the state or into the state is required to have a separate agricultural
pesticide dealer license.
new text end

new text begin (c) A person who is a licensed pesticide dealer under section 18B.31 is not required
to also be licensed under this subdivision.
new text end

new text begin Subd. 2. new text end

new text begin Exemption. new text end

new text begin A person who is a pesticide registrant under provisions of this
chapter is exempt from the requirement of subdivision 1, except in those cases where a
registrant first sells an agricultural pesticide in or into the state to a pesticide end user, the
registrant must first obtain an agricultural pesticide dealer license.
new text end

new text begin Subd. 3. new text end

new text begin Resident agent. new text end

new text begin A person required to be licensed under subdivisions 1 and
2, or a person licensed as a pesticide dealer pursuant to section 18B.31 and who operates
from a location or place of business outside the state and who distributes or sells an
agricultural pesticide into the state, must continuously maintain in this state the following:
new text end

new text begin (1) a registered office; and
new text end

new text begin (2) a registered agent, who may be either a resident of this state whose business
office or residence is identical with the registered office under clause (1), a domestic
corporation or limited liability company, or a foreign corporation of limited liability
company authorized to transact business in this state and having a business office identical
with the registered office.
new text end

new text begin A person licensed under this section or section 18B.31 shall annually file with the
commissioner, either at the time of initial licensing or as part of license renewal, the name,
address, telephone number, and e-mail address of the licensee's registered agent.
new text end

new text begin For licensees under section 18B.31 who are located in the state, the licensee is
the registered agent.
new text end

new text begin Subd. 4. new text end

new text begin Responsibility. new text end

new text begin The resident agent is responsible for the acts of a licensed
agricultural pesticide dealer, or of a licensed pesticide dealer under section 18B.31 who
operates from a location or place of business outside the state and who distributes or
sells an agricultural pesticide into the state, as well as the acts of the employees of those
licensees.
new text end

new text begin Subd. 5. new text end

new text begin Records. new text end

new text begin A person licensed as an agricultural pesticide dealer, or a person
licensed as a pesticide dealer pursuant to section 18B.31, must maintain for five years at the
person's principal place of business accurate records of purchases, sales, and distributions
of agricultural pesticides in and into this state, including those of its branch locations. The
records shall be made available for audit under provisions of this chapter and chapter 18D.
new text end

new text begin Subd. 6. new text end

new text begin Agricultural pesticide sales invoices. new text end

new text begin Sales invoices for agricultural
pesticides sold in or into this state by a licensed agricultural pesticide dealer or a pesticide
dealer under this section must show the percent of gross sales fee rate assessed and the
gross sales fee paid under section 18B.26, subdivision 3, paragraph (c). Only the person
who actually will pay the gross sales fee may show the rate or the amount of the fee as
a line item on the sales invoice.
new text end

new text begin Subd. 7. new text end

new text begin License. new text end

new text begin An agricultural pesticide dealer license:
new text end

new text begin (1) is issued by the commissioner upon receipt and review of a complete initial or
renewal application;
new text end

new text begin (2) is valid for one year and expires on January 31 of each year;
new text end

new text begin (3) is not transferable from one location or place of business to another location
or place of business; and
new text end

new text begin (4) must be prominently displayed to the public in the agricultural pesticide dealer's
place of business and in the registered office of the resident agent.
new text end

new text begin Subd. 8. new text end

new text begin Report of sales and payment to the commissioner. new text end

new text begin A person who is an
agricultural pesticide dealer, or is a licensed pesticide dealer under section 18B.31, who
distributes or sells an agricultural pesticide in or into the state, and a pesticide registrant
pursuant to section 18B.26, subdivision 3, paragraph (d), shall no later than January 31 of
each year report and pay applicable fees on annual gross sales of agricultural pesticides
to the commissioner pursuant to requirements under section 18B.26, subdivision 3,
paragraphs (c) and (h).
new text end

new text begin Subd. 9. new text end

new text begin Application. new text end

new text begin (a) A person must apply to the commissioner for an
agricultural pesticide dealer license on forms and in a manner approved by the
commissioner.
new text end

new text begin (b) The applicant must be the person in charge of each location or place of business
from which agricultural pesticides are distributed or sold in or into the state.
new text end

new text begin (c) The commissioner may require that the applicant provide information regarding
the applicant's proposed operations and other information considered pertinent by the
commissioner.
new text end

new text begin (d) The commissioner may require additional demonstration of licensee qualification
if the licensee has had a license suspended or revoked, or has otherwise had a history of
violations in another state or violations of this chapter.
new text end

new text begin (e) A licensed agricultural pesticide dealer who changes the dealer's address or place
of business must immediately notify the commissioner of the change.
new text end

new text begin (f) Beginning January 1, 2011, an application for renewal of an agricultural pesticide
dealer license is complete only when a report and any applicable payment of fees under
subdivision 8 are received by the commissioner.
new text end

new text begin Subd. 10. new text end

new text begin Application fee. new text end

new text begin (a) An application for an agricultural pesticide dealer
license, or a renewal of an agricultural pesticide dealer license, must be accompanied
by a nonrefundable fee of $150.
new text end

new text begin (b) If an application for renewal of an agricultural pesticide dealer license is not filed
before January of the year for which the license is to be issued, an additional fee of 50
percent of the application fee must be paid by the applicant before the commissioner
may issue the license.
new text end

Sec. 60.

new text begin [18B.346] PESTICIDE APPLICATION ON RAILROAD PROPERTY.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin This section applies only to common carrier railroads.
new text end

new text begin Subd. 2. new text end

new text begin Safety information. new text end

new text begin (a) In coordination with common carrier railroad
companies operating in this state, the commissioner shall provide annual pesticide safety
outreach opportunities for railroad employees.
new text end

new text begin (b) A common carrier railroad that operates in this state must provide annual
employee pesticide safety training opportunities.
new text end

new text begin Subd. 3. new text end

new text begin Pesticide applications. new text end

new text begin (a) A person may not directly apply a restricted
use pesticide to occupied or unoccupied locomotives, track repair equipment, or on-track
housing units unless the pesticide is specifically labeled for that use.
new text end

new text begin (b) Employees of common carrier railroads must not be required to work in affected
areas in a manner that is inconsistent with the pesticide label.
new text end

new text begin Subd. 4. new text end

new text begin Misuse reporting. new text end

new text begin A common carrier railroad or a commercial applicator
hired by the common carrier railroad to apply pesticide must report to the commissioner
within four hours, or as soon as practicable, any pesticide misuse known to the railroad
company or commercial applicator that occurred on railroad property or to other property
under the control of the railroad company. For the purposes of this section, "misuse" means
a pesticide application that violates subdivision 3 or any provision in section 18B.07.
new text end

Sec. 61.

Minnesota Statutes 2008, section 18B.37, subdivision 1, is amended to read:


Subdivision 1.

Pesticide dealer.

(a) A pesticide dealer must maintain records of all
sales of restricted use pesticides as required by the commissioner. Records must be kept at
the time of sale on forms supplied by the commissioner or on the pesticide dealer's forms
if they are approved by the commissioner.

(b) Records must be submitted deleted text beginannually with the renewal application for a pesticide
dealer license or
deleted text end upon request of the commissioner.

(c) Copies of records required under this subdivision must be maintained by the
pesticide dealer for a period of five years after the date of the pesticide sale.

Sec. 62.

Minnesota Statutes 2008, section 18C.415, subdivision 3, is amended to read:


Subd. 3.

Effective period.

deleted text beginOtherdeleted text end Licenses are for the period from January 1 to the
following December 31 and must be renewed annually by the licensee before January 1. A
license is not transferable from one person to another, from the ownership to whom issued
to another ownership, or from one location to another location.

Sec. 63.

Minnesota Statutes 2008, section 18C.421, is amended to read:


18C.421 deleted text beginDISTRIBUTOR'Sdeleted text end TONNAGE REPORT.

Subdivision 1.

deleted text beginSemiannual statementdeleted text endnew text begin Annual tonnage reportnew text end.

(a) Each deleted text beginlicensed
distributor of fertilizer and each registrant of a specialty fertilizer, soil amendment, or plant
amendment must file a semiannual statement for the periods ending December 31 and June
30 with the commissioner on forms furnished by the commissioner stating the number of
net tons and grade of each raw fertilizer material distributed or the number of net tons of
each brand or grade of fertilizer, soil amendment, or plant amendment
deleted text endnew text begin registrant under
section 18C.411 and licensee under section 18C.415 shall file an annual tonnage report for
the previous year ending June 30 with the commissioner, on forms provided or approved
by the commissioner, stating the number of net tons of each brand or grade of fertilizer,
soil amendment, or plant amendment distributed in this state or the number of net tons and
grade of each raw fertilizer material
new text end distributed in this state during the reporting period.

(b) new text beginA new text endtonnage deleted text beginreports aredeleted text endnew text begin report isnew text end not required to be deleted text beginfiled withdeleted text endnew text begin submitted and an
inspection fee under section 18C.425, subdivision 6, is not required to be paid to
new text end the
commissioner deleted text beginfrom licenseesdeleted text endnew text begin by a licenseenew text end who deleted text begindistributeddeleted text endnew text begin distributesnew text end fertilizer solely by
custom application.

deleted text begin (c) A report from a licensee who sells to an ultimate consumer must be accompanied
by records or invoice copies indicating the name of the distributor who paid the inspection
fee, the net tons received, and the grade or brand name of the products received.
deleted text end

deleted text begin (d)deleted text endnew text begin (c)new text end The new text beginannual tonnage new text endreport deleted text beginis duedeleted text endnew text begin must be submitted to the commissionernew text end on
or before deleted text beginthe last day of the month following the close of each reporting perioddeleted text endnew text begin July 31new text end of
each deleted text begincalendardeleted text end year.

deleted text begin (e)deleted text endnew text begin (d)new text end The inspection fee at the rate stated in section 18C.425, subdivision 6, must
accompany the statement.

Subd. 2.

Additional reports.

The commissioner may by rule require additional
reports for the purpose of gathering statistical data relating to fertilizer, soil amendments,
and plant amendments distribution in the state.

Subd. 3.

Late new text beginannual new text endreport and new text begininspection new text endfee penalty.

(a) If a deleted text begindistributor does
not file the semiannual statement
deleted text endnew text begin registrant or licensee fails to submit an annual tonnage
report
new text end or pay the inspection deleted text beginfeesdeleted text endnew text begin fee under section 18C.425, subdivision 6,new text end by deleted text begin31 days
after the end of the reporting period
deleted text endnew text begin July 31new text end, the commissioner shall assess new text beginthe registrant
or licensee
new text enda penalty of the greater of deleted text begin$25deleted text endnew text begin $50new text end or ten percent of the amount due deleted text beginagainst
the licensee or registrant
deleted text end.

(b) The fees due, plus the penalty, may be recovered in a civil action against the
licensee or registrant.

(c) The assessment of the penalty does not prevent the commissioner from taking
other actions as provided in this chapternew text begin and sections 18D.301 to 18D.331new text end.

deleted text begin Subd. 4. deleted text end

deleted text begin Responsibility for inspection fees. deleted text end

deleted text begin If more than one person is involved
in the distribution of a fertilizer, soil amendment, or plant amendment, the distributor
who imports, manufactures, or produces the fertilizer or who has the specialty fertilizer,
soil amendment, or plant amendment registered is responsible for the inspection fee on
products produced or brought into this state. The distributor must separately list the
inspection fee on the invoice to the licensee. The last licensee must retain the invoices
showing proof of inspection fees paid for three years and must pay the inspection fee on
products brought into this state before July 1, 1989, unless the reporting and paying of
fees have been made by a prior distributor of the fertilizer.
deleted text end

Subd. 5.

Verification of deleted text beginstatementsdeleted text endnew text begin annual tonnage reportnew text end.

The commissioner
may verify the records on which the deleted text beginstatement ofdeleted text endnew text begin annualnew text end tonnage new text beginreport new text endis based.

Sec. 64.

Minnesota Statutes 2008, section 18C.425, subdivision 4, is amended to read:


Subd. 4.

Fee for late application.

If an application for renewal of a deleted text beginfertilizer
license or
deleted text end registration deleted text beginof a specialty fertilizer, soil amendment, or plant amendmentdeleted text endnew text begin
under section 18C.411 or a license under section 18C.415
new text end is deleted text beginnot filed before January 1
or July 1 of a year, as required
deleted text endnew text begin submitted to the commissioner after December 31new text end, an
additional deleted text beginapplicationdeleted text endnew text begin latenew text end fee of one-half of the amount due must be paid new text beginin addition to
the application fee
new text endbefore the renewal license or registration may be issued.

Sec. 65.

Minnesota Statutes 2008, section 18C.425, subdivision 6, is amended to read:


Subd. 6.

new text beginPayment of new text endinspection deleted text beginfeesdeleted text endnew text begin feenew text end.

new text begin (a) The person who registers and
distributes in the state a specialty fertilizer, soil amendment, or plant amendment under
section 18C.411 shall pay the inspection fee to the commissioner.
new text end

new text begin (b) The person licensed under section 18C.415 who distributes a fertilizer to a person
not required to be so licensed shall pay the inspection fee to the commissioner, except as
exempted under section 18C.421, subdivision 1, paragraph (b).
new text end

new text begin (c) new text endThe person responsible for payment of the inspection fees for fertilizers, soil
amendments, or plant amendments sold and used in this state must pay an inspection fee
of 30 cents per tonnew text begin, and until June 30, 2019, an additional 40 cents per ton,new text end of fertilizer,
soil amendment, and plant amendment sold or distributed in this state, with a minimum of
$10 on all tonnage reports. Products sold or distributed to manufacturers or exchanged
between them are exempt from the inspection fee imposed by this subdivision if the
products are used exclusively for manufacturing purposes.

new text begin (d) A registrant or licensee must retain invoices showing proof of fertilizer, plant
amendment, or soil amendment distribution amounts and inspection fees paid for a period
of three years.
new text end

Sec. 66.

Minnesota Statutes 2008, section 18E.03, subdivision 2, is amended to read:


Subd. 2.

Expenditures.

(a) Money in the agricultural chemical response and
reimbursement account may only be used:

(1) to pay for the commissioner's responses to incidents under chapters 18B, 18C,
and 18D that are not eligible for payment under section 115B.20, subdivision 2;

(2) to pay for emergency responses that are otherwise unable to be funded;

(3) to reimburse and pay corrective action costs under section 18E.04; and

(4) deleted text beginby the boarddeleted text end to reimburse the commissioner for board staff and other
administrative costsnew text begin and the commissioner's incident response program costs related to
eligible incident sites,
new text end up to deleted text begin$225,000deleted text endnew text begin $450,000new text end per fiscal year.

(b) Money in the agricultural chemical response and reimbursement account is
appropriated to the commissioner to make payments as provided in this subdivision.

Sec. 67.

Minnesota Statutes 2008, section 18E.03, subdivision 4, is amended to read:


Subd. 4.

Fee.

(a) The response and reimbursement fee consists of the surcharges and
any adjustments made by the commissioner in this subdivision and shall be collected by
the commissioner. The amount of the response and reimbursement fee shall be determined
and imposed annually by the commissioner as required to satisfy the requirements in
subdivision 3. The commissioner shall adjust the amount of the surcharges imposed in
proportion to the amount of the surcharges listed in this subdivision. License application
categories under paragraph (d) must be charged in proportion to the amount of surcharges
imposed up to a maximum of 50 percent of the license fees set under chapters 18B and
18C.

(b) The commissioner shall impose a surcharge on pesticides registered under
chapter 18B to be collected as a surcharge on the deleted text beginregistration application feedeleted text endnew text begin gross salesnew text end
under section 18B.26, subdivision 3, that is equal to 0.1 percent of sales of the pesticide
in the state and sales of pesticides for use in the state during the previous calendar year,
except the surcharge may not be imposed on pesticides that are sanitizers or disinfectants
as determined by the commissioner. No surcharge is required if the surcharge amount
based on percent of annual gross sales is less than $10. deleted text beginThe registrant shall determine
when and which pesticides are sold or used in this state. The registrant shall secure
sufficient sales information of pesticides distributed into this state from distributors and
dealers, regardless of distributor location, to make a determination. Sales of pesticides in
this state and sales of pesticides for use in this state by out-of-state distributors are not
exempt and must be included in the registrant's annual report, as required under section
18B.26, subdivision 3, paragraph (c), and fees shall be paid by the registrant based upon
those reported sales.
deleted text end Sales of pesticides in the state for use outside of the state are exempt
from the surcharge in this paragraph if the registrantnew text begin, agricultural pesticide dealer, or
pesticide dealer
new text end properly documents the sale location and the distributors.

(c) The commissioner shall impose a ten cents per ton surcharge on the inspection
fee under section 18C.425, subdivision 6, for fertilizers, soil amendments, and plant
amendments.

(d) The commissioner shall impose a surcharge on the license application of persons
licensed under chapters 18B and 18C consisting of:

(1) a $75 surcharge for each site where pesticides are stored or distributed, to
be imposed as a surcharge on pesticide dealer application fees under section 18B.31,
subdivision 5
new text begin, and the agricultural pesticide dealer application fee under section 18B.316,
subdivision 10
new text end;

(2) a $75 surcharge for each site where a fertilizer, plant amendment, or soil
amendment is distributed, to be imposed on persons licensed under sections 18C.415
and 18C.425;

(3) a $50 surcharge to be imposed on a structural pest control applicator license
application under section 18B.32, subdivision 6, for business license applications only;

(4) a $20 surcharge to be imposed on commercial applicator license application fees
under section 18B.33, subdivision 7; and

(5) a $20 surcharge to be imposed on noncommercial applicator license application
fees under section 18B.34, subdivision 5, except a surcharge may not be imposed on a
noncommercial applicator that is a state agency, political subdivision of the state, the
federal government, or an agency of the federal government.

(e) A $1,000 fee shall be imposed on each site where pesticides are stored and sold
for use outside of the state unless:

(1) the distributor properly documents that it has less than $2,000,000 per year in
wholesale value of pesticides stored and transferred through the site; or

(2) the registrant pays the surcharge under paragraph (b) and the registration fee
under section 18B.26, subdivision 3, for all of the pesticides stored at the site and sold for
use outside of the state.

(f) Paragraphs (c) to (e) apply to sales, licenses issued, applications received for
licenses, and inspection fees imposed on or after July 1, 1990.

new text begin EFFECTIVE DATE. new text end

new text begin The change to paragraph (b) is effective January 1, 2010.
new text end

Sec. 68.

Minnesota Statutes 2008, section 18E.06, is amended to read:


18E.06 REPORT.

By December 1 of each year, the Agricultural Chemical Response Compensation
Board and the commissioner shall submit to the house of representatives Committee
on Ways and Means, the senate Committee on Finance, the house of representatives
and senate committees with jurisdiction over the environment, natural resources, and
agriculture, and the Environmental Quality Board a report detailing the new text beginboard's new text endactivities
and reimbursementsnew text begin and the expenditures and activities associated with the commissioner's
incident response program
new text end for which money from the account has been spent during
the previous year.

Sec. 69.

Minnesota Statutes 2008, section 18H.02, subdivision 12a, is amended to read:


Subd. 12a.

deleted text beginIndividualdeleted text endnew text begin Dormantnew text end.

deleted text begin"Individual" means a human beingdeleted text endnew text begin "Dormant"
means nursery stock without etiolated growth
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 70.

Minnesota Statutes 2008, section 18H.02, is amended by adding a subdivision
to read:


new text begin Subd. 12b. new text end

new text begin Etiolated growth. new text end

new text begin "Etiolated growth" means bleached and unnatural
growth resulting from the exclusion of sunlight.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 71.

Minnesota Statutes 2008, section 18H.02, is amended by adding a subdivision
to read:


new text begin Subd. 12c. new text end

new text begin Individual. new text end

new text begin "Individual" means a human being.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 72.

Minnesota Statutes 2008, section 18H.02, is amended by adding a subdivision
to read:


new text begin Subd. 24a. new text end

new text begin Packaged stock. new text end

new text begin "Packaged stock" means bare root nursery stock
packed with the roots in moisture-retaining material encased in plastic film or other
material designed to hold the moisture-retaining material in place.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 73.

Minnesota Statutes 2008, section 18H.07, subdivision 2, is amended to read:


Subd. 2.

Nursery stock grower certificate.

(a) A nursery stock grower must
pay an annual fee based on the area of all acreage on which nursery stock is grown for
certification as follows:

(1) less than one-half acre, $150;

(2) from one-half acre to two acres, $200;

(3) over two acres up to five acres, $300;

(4) over five acres up to ten acres, $350;

(5) over ten acres up to 20 acres, $500;

(6) over 20 acres up to 40 acres, $650;

(7) over 40 acres up to 50 acres, $800;

(8) over 50 acres up to 200 acres, $1,100;

(9) over 200 acres up to 500 acres, $1,500; and

(10) over 500 acres, $1,500 plus $2 for each additional acre.

(b) In addition to the fees in paragraph (a), a penalty of ten percent of the fee
due must be charged for each month, or portion thereof, that the fee is delinquent up
to a maximum of 30 percent for any application for renewal not deleted text beginreceived by January 1deleted text endnew text begin
postmarked by December 31
new text end of the new text begincurrent new text endyear deleted text beginfollowing expiration of a certificatedeleted text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 74.

Minnesota Statutes 2008, section 18H.07, subdivision 3, is amended to read:


Subd. 3.

Nursery stock dealer certificate.

(a) A nursery stock dealer must pay an
annual fee based on the dealer's gross sales of certified nursery stock per location during
the most recent certificate year. A certificate applicant operating for the first time must pay
the minimum fee. The fees per sales location are:

(1) gross sales up to $5,000, $150;

(2) gross sales over $5,000 up to $20,000, $175;

(3) gross sales over $20,000 up to $50,000, $300;

(4) gross sales over $50,000 up to $75,000, $425;

(5) gross sales over $75,000 up to $100,000, $550;

(6) gross sales over $100,000 up to $200,000, $675; and

(7) gross sales over $200,000, $800.

(b) In addition to the fees in paragraph (a), a penalty of ten percent of the fee
due must be charged for each month, or portion thereof, that the fee is delinquent up
to a maximum of 30 percent for any application for renewal not deleted text beginreceived by January 1deleted text endnew text begin
postmarked by December 31
new text end of the new text begincurrent new text endyear deleted text beginfollowing expiration of a certificatedeleted text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 75.

Minnesota Statutes 2008, section 18H.09, is amended to read:


18H.09 NURSERY STOCK CERTIFICATION REQUIREMENTS.

(a) All nursery stock growing at sites identified by new text beginnursery stock dealers or new text endnursery
stock growers and submitted for inspection must be inspected by the commissioner within
the previous 12 months prior to sale and found apparently free from quarantine and
regulated nonquarantine pests as well as significantly dangerous or potentially damaging
plant pests. The commissioner may waive a site inspection under the following conditions:

(1) the nursery stock is not going to be sold within 12 months;

(2) the nursery stock will not be moved out of Minnesota; and

(3) the nursery site or stock is not subject to certification requirements associated
with a state or federally regulated or quarantined plant pest.

All nursery stock originating from out of state and offered for sale in Minnesota
must have been inspected by the appropriate state or federal agency during the previous
12 months and found free from quarantine and regulated nonquarantine pests as well as
significantly dangerous or potentially damaging plant pests. A nursery stock certificate
is valid from January 1 to December 31.

(b) Nursery stock must be accessible to the commissioner for inspection during
regular business hours. Weeds or other growth that hinder a proper inspection are grounds
to suspend or withhold a certificate or require a reinspection.

(c) Inspection reports issued to growers must contain a list of the plant pests found at
the time of inspection. Withdrawal-from-distribution orders are considered part of the
inspection reports. A withdrawal-from-distribution order must contain a list of plants
withdrawn from distribution and the location of the plants.

(d) The commissioner may post signs to delineate sections withdrawn from
distribution. These signs must remain in place until the commissioner removes them or
grants written permission to the grower to remove the signs.

(e) Inspection reports issued to dealers must outline the violations involved and
corrective actions to be taken including withdrawal-from-distribution orders which would
specify nursery stock that could not be distributed from a certain area.

(f) Optional inspections of plants may be conducted by the commissioner upon
request by any persons desiring an inspection. A fee as provided in section 18H.07 must
be charged for such an inspection.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 76.

Minnesota Statutes 2008, section 18H.10, is amended to read:


18H.10 STORAGE OF NURSERY STOCK.

All nursery stock must be kept and displayed under conditions of temperature,
light, and moisture sufficient to maintain the viability and vigor of the nursery stock.new text begin
Packaged dormant nursery stock must be stored under conditions that retard growth,
prevent etiolated growth, and protect its viability.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 77.

Minnesota Statutes 2008, section 28A.085, subdivision 1, is amended to read:


Subdivision 1.

Violations; prohibited acts.

The commissioner may charge a
reinspection fee for each reinspection of a food handler that:

(1) is found with a major violation of requirements in chapter 28, 29, 30, 31, 31A,
32, 33, or 34, or rules adopted under one of those chapters;

(2) is found with a violation of section 31.02, 31.161, or 31.165, and requires a
follow-up inspection after an administrative meeting held pursuant to section 31.14; or

(3) fails to correct equipment and facility deficiencies as required in rules adopted
under chapter 28, 29, 30, 31, 31A, 32, or 34. The first reinspection of a firm with gross
food sales under $1,000,000 must be assessed at deleted text begin$75deleted text endnew text begin $150new text end. The fee for a firm with gross
food sales over $1,000,000 is deleted text begin$100deleted text endnew text begin $200new text end. The fee for a subsequent reinspection of a firm
for the same violation is 50 percent of their current license fee or deleted text begin$200deleted text endnew text begin $300new text end, whichever is
greater. The establishment must be issued written notice of violations with a reasonable
date for compliance listed on the notice. An initial inspection relating to a complaint is
not a reinspection.

Sec. 78.

Minnesota Statutes 2008, section 28A.21, subdivision 5, is amended to read:


Subd. 5.

Duties.

The task force shall:

(1) coordinate educational efforts regarding food safetynew text begin and defensenew text end;

(2) provide advice and coordination to state agencies as requested by the agencies;

(3) serve as a source of information and referral for the public, news media, and
others concerned with food safetynew text begin and defensenew text end; and

(4) make recommendations to Congress, the legislative committees with jurisdiction
over agriculture finance and policy, the legislature, and others about appropriate action to
improve food safety new text beginand defense new text endin the state.

Sec. 79.

Minnesota Statutes 2008, section 31.94, is amended to read:


31.94 COMMISSIONER DUTIES.

(a) In order to promote opportunities for organic agriculture in Minnesota, the
commissioner shall:

(1) survey producers and support services and organizations to determine
information and research needs in the area of organic agriculture practices;

(2) work with the University of Minnesota to demonstrate the on-farm applicability
of organic agriculture practices to conditions in this state;

(3) direct the programs of the department so as to work toward the promotion of
organic agriculture in this state;

(4) inform agencies of how state or federal programs could utilize and support
organic agriculture practices; and

(5) work closely with producers, the University of Minnesota, the Minnesota Trade
Office, and other appropriate organizations to identify opportunities and needs as well
as ensure coordination and avoid duplication of state agency efforts regarding research,
teaching, marketing, and extension work relating to organic agriculture.

(b) By November 15 of each even-numbered year the commissioner, in conjunction
with the task force created in paragraph (c), shall report on the status of organic
agriculture in Minnesota to the legislative policy and finance committees and divisions
with jurisdiction over agriculture. The report must include:

(1) a description of current state or federal programs directed toward organic
agriculture, including significant results and experiences of those programs;

(2) a description of specific actions the department of agriculture is taking in the
area of organic agriculture, including the proportion of the department's budget spent on
organic agriculture;

(3) a description of current and future research needs at all levels in the area of
organic agriculture;

(4) suggestions for changes in existing programs or policies or enactment of new
programs or policies that will affect organic agriculture;

(5) a description of market trends and potential for organic products;

(6) available information, using currently reliable data, on the price received, yield,
and profitability of organic farms, and a comparison with data on conventional farms; and

(7) available information, using currently reliable data, on the positive and negative
impacts of organic production on the environment and human health.

(c) deleted text beginThe commissioner shall appointdeleted text end A Minnesota Organic Advisory Task Force deleted text begintodeleted text endnew text begin
shall
new text end advise the commissionernew text begin and the University of Minnesotanew text end on policies and deleted text beginpractices
to
deleted text endnew text begin programs that willnew text end improve organic agriculture in Minnesotanew text begin, including how available
resources can most effectively be used for outreach, education, research, and technical
assistance that meet the needs of the organic agriculture community
new text end. The task force must
consist of the following residents of the state:

(1) three farmers using organic agriculture methods;

(2) deleted text begintwo organic food wholesalers, retailers, or distributorsdeleted text endnew text begin one wholesaler or
distributor of organic products
new text end;

(3) one representative of organic deleted text beginfooddeleted text end certification agencies;

(4) two organic deleted text beginfooddeleted text end processors;

(5) one representative from deleted text beginthedeleted text endnew text begin University ofnew text end Minnesota Extension deleted text beginServicedeleted text end;

(6) one deleted text beginrepresentative from adeleted text endnew text begin University ofnew text end Minnesota deleted text beginpostsecondary research
institution
deleted text endnew text begin faculty membernew text end;

(7) one representative from a nonprofit organization representing producers;

(8) deleted text beginonedeleted text endnew text begin twonew text end deleted text beginat-largedeleted text end new text beginpublicnew text end deleted text beginmemberdeleted text endnew text begin membersnew text end;

(9) one representative from the United States Department of Agriculture; deleted text beginand
deleted text end

new text begin (10) one retailer of organic products; and
new text end

deleted text begin (10)deleted text end new text begin(11)new text end one organic consumer representative.

new text begin The commissioner, in consultation with the director of the Minnesota Agricultural
Experiment Station; the dean and director of University of Minnesota Extension; and the
dean of the College of Food, Agricultural and Natural Resource Sciences shall appoint
members to serve staggered two-year terms.
new text end

deleted text begin Terms,deleted text end Compensationdeleted text begin,deleted text end and removal of members are governed by section 15.059,
subdivision 6
. The task force must meet at least twice each year and expires on June
30, deleted text begin2009deleted text endnew text begin 2013new text end.

(d) For the purposes of expanding, improving, and developing production and
marketing of the organic products of Minnesota agriculture, the commissioner may
receive funds from state and federal sources and spend them, including through grants or
contracts, to assist producers and processors to achieve certification, to conduct education
or marketing activities, to enter into research and development partnerships, or to address
production or marketing obstacles to the growth and well-being of the industry.

(e) The commissioner may facilitate the registration of state organic production
and handling operations including those exempt from organic certification according to
Code of Federal Regulations, title 7, section 205.101, and certification agents operating
within the state.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 30, 2009.
new text end

Sec. 80.

new text begin [31.97] FEEDING MINNESOTA TASK FORCE.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; purpose. new text end

new text begin The commissioner of agriculture must
establish the Feeding Minnesota Task Force to study the consumption of Minnesota grown
produce and livestock by facilitating the donation of harvested products to charities that
provide food for hungry people. "Hungry people" must be specifically defined by the
task force by its second meeting.
new text end

new text begin Subd. 2. new text end

new text begin Members. new text end

new text begin The commissioner must appoint task force members as follows:
new text end

new text begin (1) one member representing a food bank organization;
new text end

new text begin (2) two members representing food producer and grower organizations;
new text end

new text begin (3) one member representing the Minnesota Farmers Market Association;
new text end

new text begin (4) one member representing Minnesota higher education institutions;
new text end

new text begin (5) one member representing the food transportation industry;
new text end

new text begin (6) two members representing statewide agricultural organizations; and
new text end

new text begin (7) one member representing food processors.
new text end

new text begin Subd. 3. new text end

new text begin No compensation. new text end

new text begin Task force members may not be compensated under
section 15.059, subdivision 3.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin The commissioner must convene the task force no later than
January 31, 2010. The commissioner must make policy recommendations to the chairs of
the legislative committees with jurisdiction over agriculture finance by November 1, 2010.
new text end

new text begin Subd. 5. new text end

new text begin Expiration. new text end

new text begin This section expires November 1, 2010.
new text end

Sec. 81.

Minnesota Statutes 2008, section 32.394, subdivision 8, is amended to read:


Subd. 8.

Grade A inspection fees.

A processor or marketing organization of milk,
milk products, sheep milk, or goat milk who wishes to market Grade A milk or use the
Grade A label must apply for Grade A inspection service from the commissioner. A
pasteurization plant requesting Grade A inspection service must hold a Grade A permit
and pay an annual inspection fee of no more than $500. For Grade A farm inspection
service, the fee must be no more than $50 per farm, paid annually by the processor or by
the marketing organization on behalf of its patrons. For a farm requiring a reinspection in
addition to the required biannual inspections, an additional fee deleted text beginof $45 per reinspectiondeleted text end
must be paid by the processor or by the marketing organization on behalf of its patrons.new text begin
The fee for reinspection of a farm with fewer than 100 cows is $60 per reinspection. The
fee for reinspection of a farm with 100 or more cows is $150 per reinspection.
new text end

Sec. 82.

Minnesota Statutes 2008, section 41A.09, subdivision 3a, is amended to read:


Subd. 3a.

Ethanol producer payments.

(a) The commissioner shall make cash
payments to producers of ethanol located in the state that have begun production at a
specific location by June 30, 2000. For the purpose of this subdivision, an entity that holds
a controlling interest in more than one ethanol plant is considered a single producer.
The amount of the payment for each producer's annual production, except as provided
in paragraph (c), is 20 cents per gallon for each gallon of ethanol produced at a specific
location on or before June 30, 2000, or ten years after the start of production, whichever is
later. Annually, within 90 days of the end of its fiscal year, an ethanol producer receiving
payments under this subdivision must file a disclosure statement on a form provided by
the commissioner. The initial disclosure statement must include a summary description
of the organization of the business structure of the claimant, a listing of the percentages
of ownership by any person or other entity with an ownership interest of five percent or
greater, and a copy of its annual audited financial statements, including the auditor's report
and footnotes. The disclosure statement must include information demonstrating what
percentage of the entity receiving payments under this section is owned by farmers or
other entities eligible to farm or own agricultural land in Minnesota under the provisions
of section 500.24. deleted text beginSubsequent annual reports must reflect noncumulative changes in
ownership of ten percent or more of the entity.
deleted text end new text beginSubsequent annual reports must affirm that
majority ownership of the entity is held by farmers or other entities eligible to farm or
own agricultural land under section 500.24 or individuals residing within 30 miles of the
plant.
new text endThe report need not disclose the identity of the persons or entities eligible to farm or
own agricultural land with ownership interests, individuals residing within 30 miles of the
plant, or of any other entity with less than ten percent ownership interest, but the claimant
must retain information within its files confirming the accuracy of the data provided. This
data must be made available to the commissioner upon request. Not later than the 15th
day of February in each year the commissioner shall deliver to the chairs of the standing
committees of the senate and the house of representatives that deal with agricultural
policy and agricultural finance issues an annual report summarizing aggregated data from
plants receiving payments under this section during the preceding calendar year. Audited
financial statements and notes and disclosure statements submitted to the commissioner
are nonpublic data under section 13.02, subdivision 9. Notwithstanding the provisions of
chapter 13 relating to nonpublic data, summaries of the submitted audited financial reports
and notes and disclosure statements will be contained in the report to the committee chairs
and will be public data.

(b) No payments shall be made for ethanol production that occurs after June 30,
2010. A producer of ethanol shall not transfer the producer's eligibility for payments
under this section to an ethanol plant at a different location.

(c) If the level of production at an ethanol plant increases due to an increase in the
production capacity of the plant, the payment under paragraph (a) applies to the additional
increment of production until ten years after the increased production began. Once a
plant's production capacity reaches 15,000,000 gallons per year, no additional increment
will qualify for the payment.

(d) Total payments under paragraphs (a) and (c) to a producer in a fiscal year may
not exceed $3,000,000.

(e) By the last day of October, January, April, and July, each producer shall file a
claim for payment for ethanol production during the preceding three calendar months.
A producer that files a claim under this subdivision shall include a statement of the
producer's total ethanol production in Minnesota during the quarter covered by the claim.
For each claim and statement of total ethanol production filed under this subdivision,
the volume of ethanol production must be examined by an independent certified public
accountant in accordance with standards established by the American Institute of Certified
Public Accountants.

(f) Payments shall be made November 15, February 15, May 15, and August 15. A
separate payment shall be made for each claim filed. Except as provided in paragraph (g),
the total quarterly payment to a producer under this paragraph may not exceed $750,000.

(g) Notwithstanding the quarterly payment limits of paragraph (f), the commissioner
shall make an additional payment in the fourth quarter of each fiscal year to ethanol
producers for the lesser of: (1) 20 cents per gallon of production in the fourth quarter of the
year that is greater than 3,750,000 gallons; or (2) the total amount of payments lost during
the first three quarters of the fiscal year due to plant outages, repair, or major maintenance.
Total payments to an ethanol producer in a fiscal year, including any payment under this
paragraph, must not exceed the total amount the producer is eligible to receive based on
the producer's approved production capacity. The provisions of this paragraph apply only
to production losses that occur in quarters beginning after December 31, 1999.

(h) The commissioner shall reimburse ethanol producers for any deficiency in
payments during earlier quarters if the deficiency occurred because of unallotment or
because appropriated money was insufficient to make timely payments in the full amount
provided in paragraph (a). Notwithstanding the quarterly or annual payment limitations in
this subdivision, the commissioner shall begin making payments for earlier deficiencies
in each fiscal year that appropriations for ethanol payments exceed the amount required
to make eligible scheduled payments. Payments for earlier deficiencies must continue
until the deficiencies for each producer are paid in full, except the commissioner shall not
make a deficiency payment to an entity that no longer produces ethanol on a commercial
scale at the location for which the entity qualified for producer paymentsdeleted text begin,deleted text end or to an assignee
of the entitynew text begin, or an entity that is not majority owned by farmers or other entities eligible
to farm or own agricultural land under section 500.24 or individuals residing within 30
miles of the plant
new text end.

(i) The commissioner may deleted text beginmake direct payments to producers of rural economic
infrastructure
deleted text endnew text begin provide financial assistance under the agricultural growth, research, and
innovation program in section 41A.12
new text end with any amount of the annual appropriation for
ethanol producer payments deleted text beginand rural economic infrastructuredeleted text end that is in excess of the
amount required to make scheduled ethanol producer payments and deficiency payments
under paragraphs (a) to (h).

Sec. 83.

new text begin [41A.12] AGRICULTURAL GROWTH, RESEARCH, AND
INNOVATION PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The agricultural growth, research, and innovation
program is established in order to promote the advancement of the state's agricultural
and renewable energy industries.
new text end

new text begin Subd. 2. new text end

new text begin Activities authorized. new text end

new text begin For the purposes of this program, the commissioner
may issue grants, loans, or other forms of financial assistance. Eligible activities include,
but are not limited to, grants to livestock producers under the livestock investment
grant program under section 17.118, bioenergy awards made by the NextGen Energy
Board under section 41A.105, and financial assistance to support other rural economic
infrastructure activities.
new text end

new text begin Subd. 3. new text end

new text begin Oversight. new text end

new text begin The commissioner, in consultation with the chairs and ranking
minority members of the house of representatives and senate committees with jurisdiction
over agriculture finance, must allocate available funds among eligible uses, develop
competitive eligibility criteria, and award funds on a needs basis.
new text end

new text begin Subd. 4. new text end

new text begin Sunset. new text end

new text begin This section expires on June 30, 2013.
new text end

Sec. 84.

Minnesota Statutes 2008, section 41B.039, subdivision 2, is amended to read:


Subd. 2.

State participation.

The state may participate in a new real estate loan
with an eligible lender to a beginning farmer to the extent of 45 percent of the principal
amount of the loan or deleted text begin$200,000deleted text endnew text begin $300,000new text end, whichever is less. The interest rates and
repayment terms of the authority's participation interest may be different than the interest
rates and repayment terms of the lender's retained portion of the loan.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 85.

Minnesota Statutes 2008, section 41B.04, subdivision 8, is amended to read:


Subd. 8.

deleted text beginState'sdeleted text endnew text begin Statenew text end participation.

With respect to loans that are eligible for
restructuring under sections 41B.01 to 41B.23 and upon acceptance by the authority,
the authority shall enter into a participation agreement or other financial arrangement
whereby it shall participate in a restructured loan to the extent of 45 percent of the primary
principal or deleted text begin$225,000deleted text endnew text begin $400,000new text end, whichever is less. The authority's portion of the loan
must be protected during the authority's participation by the first mortgage held by the
eligible lender to the extent of its participation in the loan.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 86.

Minnesota Statutes 2008, section 41B.042, subdivision 4, is amended to read:


Subd. 4.

Participation limit; interest.

The authority may participate in new
seller-sponsored loans to the extent of 45 percent of the principal amount of the loan or
deleted text begin $200,000deleted text endnew text begin $300,000new text end, whichever is less. The interest rates and repayment terms of the
authority's participation interest may be different than the interest rates and repayment
terms of the seller's retained portion of the loan.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 87.

Minnesota Statutes 2008, section 41B.043, subdivision 1b, is amended to read:


Subd. 1b.

Loan participation.

The authority may participate in an agricultural
improvement loan with an eligible lender to a farmer who meets the requirements of
section 41B.03, subdivision 1, clauses (1) and (2), and who is actively engaged in farming.
Participation is limited to 45 percent of the principal amount of the loan or deleted text begin$200,000deleted text endnew text begin
$300,000
new text end, whichever is less. The interest rates and repayment terms of the authority's
participation interest may be different than the interest rates and repayment terms of
the lender's retained portion of the loan.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 88.

Minnesota Statutes 2008, section 41B.045, subdivision 2, is amended to read:


Subd. 2.

Loan participation.

The authority may participate in a livestock
expansion loan with an eligible lender to a livestock farmer who meets the requirements
of section 41B.03, subdivision 1, clauses (1) and (2), and who are actively engaged in
a livestock operation. A prospective borrower must have a total net worth, including
assets and liabilities of the borrower's spouse and dependents, of less than $660,000 in
2004 and an amount in subsequent years which is adjusted for inflation by multiplying
that amount by the cumulative inflation rate as determined by the United States All-Items
Consumer Price Index.

Participation is limited to 45 percent of the principal amount of the loan or deleted text begin$275,000deleted text endnew text begin
$400,000
new text end, whichever is less. The interest rates and repayment terms of the authority's
participation interest may be different from the interest rates and repayment terms of
the lender's retained portion of the loan.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 89.

Minnesota Statutes 2008, section 97A.045, subdivision 1, is amended to read:


Subdivision 1.

Duties; generally.

new text begin(a) new text endThe commissioner shall do all things the
commissioner determines are necessary to preserve, protect, and propagate desirable
species of wild animals. The commissioner shall make special provisions for the
management of fish and wildlife to ensure recreational opportunities for anglers and
hunters. The commissioner shall acquire wild animals for breeding or stocking and may
dispose of or destroy undesirable or predatory wild animals and their dens, nests, houses,
or dams.

new text begin (b) Notwithstanding chapters 17 and 35, the commissioner, in consultation with the
commissioner of agriculture and the executive director of the Board of Animal Health,
may capture or control nonnative or domestic animals that are released, have escaped,
or are otherwise running at large and causing damage to natural resources or agricultural
lands, or that are posing a threat to wildlife, domestic animals, or human health. The
commissioner may work with other agencies to assist in the capture or control and may
authorize persons to take such animals.
new text end

Sec. 90.

Minnesota Statutes 2008, section 239.791, subdivision 1, is amended to read:


Subdivision 1.

Minimum ethanol content required.

(a) Except as provided in
subdivisions 10 to 14, a person responsible for the product shall ensure that all gasoline
sold or offered for sale in Minnesota must contain at least new text beginthe quantity of ethanol required
by clause (1) or (2), whichever is greater:
new text end

new text begin (1) new text end10.0 percent denatured ethanol by volumenew text begin; or
new text end

new text begin (2) the maximum percent of denatured ethanol by volume authorized in a waiver
granted by the United States Environmental Protection Agency under section 211(f)(4) of
the Clean Air Act, United States Code, title 42, section 7545, subsection (f), paragraph (4)
new text end.

(b) For purposes of enforcing the minimum ethanol requirement of paragraph (a),new text begin
clause (1),
new text end a gasoline/ethanol blend will be construed to be in compliance if the ethanol
content, exclusive of denaturants and permitted contaminants, comprises not less than 9.2
percent by volume and not more than 10.0 percent by volume of the blend as determined
by an appropriate United States Environmental Protection Agency or American Society of
Testing Materials standard method of analysis of alcohol/ether content in engine fuels.

(c) The provisions of this subdivision are suspended during any period of time that
subdivision 1a, paragraph (a), is in effect.

Sec. 91.

Minnesota Statutes 2008, section 239.791, subdivision 1a, is amended to read:


Subd. 1a.

Minimum ethanol content required.

(a) Except as provided in
subdivisions 10 to 14, on August 30, 2013, and thereafter, a person responsible for the
product shall ensure that all gasoline sold or offered for sale in Minnesota must contain at
least new text beginthe quantity of ethanol required by clause (1) or (2), whichever is greater:
new text end

new text begin (1) new text end20 percent denatured ethanol by volumenew text begin; or
new text end

new text begin (2) the maximum percent of denatured ethanol by volume authorized in a waiver
granted by the United States Environmental Protection Agency under section 211(f)(4) of
the Clean Air Act, United States Code, title 42, section 7545, subsection (f), paragraph (4)
new text end.

(b) For purposes of enforcing the minimum ethanol requirement of paragraph (a),
new text begin clause (1), new text enda gasoline/ethanol blend will be construed to be in compliance if the ethanol
content, exclusive of denaturants and permitted contaminants, comprises not less than 18.4
percent by volume and not more than 20 percent by volume of the blend as determined by
an appropriate United States Environmental Protection Agency or American Society of
Testing Materials standard method of analysis of alcohol content in motor fuels.

(c) No motor fuel shall be deemed to be a defective product by virtue of the fact
that the motor fuel is formulated or blended pursuant to the requirements of paragraph
(a) under any theory of liability except for simple or willful negligence or fraud. This
paragraph does not preclude an action for negligent, fraudulent, or willful acts. This
paragraph does not affect a person whose liability arises under chapter 115, water pollution
control; 115A, waste management; 115B, environmental response and liability; 115C,
leaking underground storage tanks; or 299J, pipeline safety; under public nuisance law
for damage to the environment or the public health; under any other environmental or
public health law; or under any environmental or public health ordinance or program of a
municipality as defined in section 466.01.

(d) This subdivision expires on December 31, 2010, if by that date:

(1) the commissioner of agriculture certifies and publishes the certification in
the State Register that at least 20 percent of the volume of gasoline sold in the state
is denatured ethanol; or

(2) federal approval has not been granted deleted text beginfor the use of E20 as gasolinedeleted text endnew text begin under
paragraph (a), clause (1)
new text end. The United States Environmental Protection Agency's failure
to act on an application shall not be deemed approval deleted text beginof the use of E20deleted text endnew text begin under paragraph
(a), clause (1)
new text end, or a waiver under section 211(f)(4) of the Clean Air Act, United States
Code, title 42, section 7545, subsection (f), paragraph (4).

Sec. 92.

Minnesota Statutes 2008, section 336.9-601, is amended to read:


336.9-601 RIGHTS AFTER DEFAULT; JUDICIAL ENFORCEMENT;
CONSIGNOR OR BUYER OF ACCOUNTS, CHATTEL PAPER, PAYMENT
INTANGIBLES, OR PROMISSORY NOTES.

(a) Rights of secured party after default. After default, a secured party has the
rights provided in this part and, except as otherwise provided in section 336.9-602, those
provided by agreement of the parties. A secured party:

(1) may reduce a claim to judgment, foreclose, or otherwise enforce the claim,
security interest, or agricultural lien by any available judicial procedure; and

(2) if the collateral is documents, may proceed either as to the documents or as
to the goods they cover.

(b) Rights and duties of secured party in possession or control. A secured party
in possession of collateral or control of collateral under section 336.7-106, 336.9-104,
336.9-105, 336.9-106, or 336.9-107 has the rights and duties provided in section
336.9-207.

(c) Rights cumulative; simultaneous exercise. The rights under subsections (a)
and (b) are cumulative and may be exercised simultaneously.

(d) Rights of debtor and obligor. Except as otherwise provided in subsection (g)
and section 336.9-605, after default, a debtor and an obligor have the rights provided in
this part and by agreement of the parties.

(e) Lien of levy after judgment. If a secured party has reduced its claim to
judgment, the lien of any levy that may be made upon the collateral by virtue of an
execution based upon the judgment relates back to the earliest of:

(1) the date of perfection of the security interest or agricultural lien in the collateral;

(2) the date of filing a financing statement covering the collateral; or

(3) any date specified in a statute under which the agricultural lien was created.

(f) Execution sale. A sale pursuant to an execution is a foreclosure of the security
interest or agricultural lien by judicial procedure within the meaning of this section. A
secured party may purchase at the sale and thereafter hold the collateral free of any other
requirements of this article.

(g) Consignor or buyer of certain rights to payment. Except as otherwise
provided in section 336.9-607(c), this part imposes no duties upon a secured party that is
a consignor or is a buyer of accounts, chattel paper, payment intangibles, or promissory
notes.

(h) Security interest in collateral that is agricultural property; enforcement. A
person may not begin to enforce a security interest in collateral that is agricultural property
subject to sections 583.20 to 583.32 that has secured a debt of more than $5,000 unless: a
mediation notice under subsection (i) is served on the debtor after a condition of default
has occurred in the security agreement and a copy served on the director of the agricultural
extension service; and the debtor and creditor have completed mediation under sections
583.20 to 583.32; or as otherwise allowed under sections 583.20 to 583.32.

(i) Mediation notice. A mediation notice under subsection (h) must contain the
following notice with the blanks properly filled in.

"TO: ...(Name of Debtor)...

YOU HAVE DEFAULTED ON THE ...(Debt in Default)... SECURED BY
AGRICULTURAL PROPERTY DESCRIBED AS ...(Reasonable Description of
Agricultural Property Collateral)deleted text begin...deleted text endnew text begin. THE AMOUNT OF THE OUTSTANDING DEBT
IS ...(Amount of Debt)...
new text end

AS A SECURED PARTY, ...(Name of Secured Party)... INTENDS TO ENFORCE
THE SECURITY AGREEMENT AGAINST THE AGRICULTURAL PROPERTY
DESCRIBED ABOVE BY REPOSSESSING, FORECLOSING ON, OR OBTAINING
A COURT JUDGMENT AGAINST THE PROPERTY.

YOU HAVE THE RIGHT TO HAVE THE DEBT REVIEWED FOR MEDIATION.
IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT WILL BE
MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION, THIS DEBT
WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED PARTY
ENFORCES THE DEBT.

IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE
AGRICULTURAL EXTENSION SERVICE WILL PROVIDE AN ORIENTATION
MEETING AND A FINANCIAL ANALYST TO HELP YOU TO PREPARE
FINANCIAL INFORMATION. IF YOU DECIDE TO PARTICIPATE IN MEDIATION,
IT WILL BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE
AND OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION
OFFICE AS SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT
AN AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.

TO HAVE THE DEBT REVIEWED FOR MEDIATION YOU MUST FILE A
MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 DAYS AFTER YOU
RECEIVE THIS NOTICE. THE MEDIATION REQUEST FORM IS AVAILABLE AT
ANY COUNTY RECORDER'S OR COUNTY EXTENSION OFFICE.

FROM: ...(Name and Address of Secured Party)..."

Sec. 93.

Minnesota Statutes 2008, section 343.11, is amended to read:


343.11 ACQUISITION OF PROPERTY, APPROPRIATIONS.

Every county and district society for the prevention of cruelty to animals may
acquire, by purchase, gift, grant, or devise, and hold, use, or convey, real estate and
personal property, and lease, mortgage, sell, or use the same in any manner conducive to
its interest, to the same extent as natural persons. The county board of any county, or the
council of any city, in which such societies exist, may, in its discretion, appropriate for the
maintenance and support of such societies in the transaction of the work for which they are
organized, any sums of money not otherwise appropriateddeleted text begin, not to exceed in any one year
the sum of $4,800 or the sum of $1 per capita based upon the county's or city's population
as of the most recent federal census, whichever is greater
deleted text end; provided, that no part of the
appropriation shall be expended for the payment of the salary of any officer of the society.

Sec. 94.

Minnesota Statutes 2008, section 550.365, subdivision 2, is amended to read:


Subd. 2.

Contents.

A mediation notice must contain the following notice with the
blanks properly filled in.

"TO: ....(Name of Judgment Debtor)....

A JUDGMENT WAS ORDERED AGAINST YOU BY ....(Name of Court)....
ON ....(Date of Judgment).

AS A JUDGMENT CREDITOR, ....(Name of Judgment Creditor).... INTENDS
TO TAKE ACTION AGAINST THE AGRICULTURAL PROPERTY DESCRIBED AS
....(Description of Agricultural Property).... TO SATISFY THE JUDGMENTnew text begin IN THE
AMOUNT OF ....(Amount of Debt)...
new text end.

YOU HAVE THE RIGHT TO HAVE THE DEBT REVIEWED FOR MEDIATION.
IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT WILL BE
MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION, THIS DEBT
WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED PARTY
ENFORCES THE DEBT.

IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE
AGRICULTURAL EXTENSION SERVICE WILL PROVIDE AN ORIENTATION
MEETING AND A FINANCIAL ANALYST TO HELP YOU PREPARE FINANCIAL
INFORMATION. IF YOU DECIDE TO PARTICIPATE IN MEDIATION, IT WILL
BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE AND
OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION OFFICE
AS SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT AN
AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.

TO HAVE THE DEBT REVIEWED FOR MEDIATION YOU MUST FILE A
MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 DAYS AFTER YOU
RECEIVE THIS NOTICE. THE MEDIATION REQUEST FORM IS AVAILABLE AT
ANY COUNTY RECORDER'S OR COUNTY EXTENSION OFFICE.

FROM: ....(Name and Address of Judgment Creditor)...."

Sec. 95.

Minnesota Statutes 2008, section 559.209, subdivision 2, is amended to read:


Subd. 2.

Contents.

A mediation notice must contain the following notice with the
blanks properly filled in.

"TO: ....(Name of Contract for Deed Purchaser)....

YOU HAVE DEFAULTED ON THE CONTRACT FOR DEED OF THE
AGRICULTURAL PROPERTY DESCRIBED AS ....(Size and Reasonable Location of
Property, Not Legal Description)deleted text begin....deleted text endnew text begin. THE AMOUNT OF THE OUTSTANDING DEBT
IS ....(Amount of Debt)....
new text end

AS THE CONTRACT FOR DEED VENDOR, ....(Contract for Deed Vendor)....
INTENDS TO TERMINATE THE CONTRACT AND TAKE BACK THE PROPERTY.

YOU HAVE THE RIGHT TO HAVE THE CONTRACT FOR DEED DEBT
REVIEWED FOR MEDIATION. IF YOU REQUEST MEDIATION, A DEBT THAT
IS IN DEFAULT WILL BE MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST
MEDIATION, THIS DEBT WILL NOT BE SUBJECT TO FUTURE MEDIATION IF
THE CONTRACT FOR DEED VENDOR BEGINS REMEDIES TO ENFORCE THE
DEBT.

IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE
AGRICULTURAL EXTENSION SERVICE WILL PROVIDE AN ORIENTATION
MEETING AND A FINANCIAL ANALYST TO HELP YOU PREPARE FINANCIAL
INFORMATION. IF YOU DECIDE TO PARTICIPATE IN MEDIATION, IT WILL
BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE AND
OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION OFFICE
AS SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT AN
AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.

TO HAVE THE CONTRACT FOR DEED DEBT REVIEWED FOR MEDIATION
YOU MUST FILE A MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14
DAYS AFTER YOU RECEIVE THE NOTICE. THE MEDIATION REQUEST FORM IS
AVAILABLE AT ANY COUNTY EXTENSION OFFICE.

FROM: ....(Name and Address of Contract for Deed Vendor)...."

Sec. 96.

Minnesota Statutes 2008, section 582.039, subdivision 2, is amended to read:


Subd. 2.

Contents.

A mediation notice must contain the following notice with the
blanks properly filled in.

"TO: ....(Name of Record Owner)....

YOU HAVE DEFAULTED ON THE MORTGAGE OF THE AGRICULTURAL
PROPERTY DESCRIBED AS ....(Size and Reasonable Location, Not Legal
Description)deleted text begin....deleted text endnew text begin. THE AMOUNT OF THE OUTSTANDING DEBT ON THIS
PROPERTY IS ....(Amount of Debt)....
new text end

AS HOLDER OF THE MORTGAGE, ....(Name of Holder of Mortgage)....
INTENDS TO FORECLOSE ON THE PROPERTY DESCRIBED ABOVE.

YOU HAVE THE RIGHT TO HAVE THE MORTGAGE DEBT REVIEWED FOR
MEDIATION. IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT
WILL BE MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION,
THIS DEBT WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED
PARTY ENFORCES THE DEBT.

IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE
AGRICULTURAL EXTENSION SERVICE WILL PROVIDE AN ORIENTATION
MEETING AND A FINANCIAL ANALYST TO HELP YOU PREPARE FINANCIAL
INFORMATION. IF YOU DECIDE TO PARTICIPATE IN MEDIATION, IT WILL
BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE AND
OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION OFFICE
AS SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT AN
AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.

TO HAVE THE MORTGAGE DEBT REVIEWED FOR MEDIATION YOU MUST
FILE A MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 DAYS AFTER
YOU RECEIVE THIS NOTICE. THE MEDIATION REQUEST FORM IS AVAILABLE
AT ANY COUNTY RECORDER'S OR COUNTY EXTENSION OFFICE.

FROM: ....(Name and Address of Holder of Mortgage)...."

Sec. 97.

Minnesota Statutes 2008, section 583.215, is amended to read:


583.215 EXPIRATION.

deleted text begin (a)deleted text end Sections 336.9-601, subsections (h) and (i); 550.365; 559.209; 582.039; and
583.20 to 583.32, expire June 30, deleted text begin2009deleted text endnew text begin 2013new text end.

deleted text begin (b) Laws 1986, chapter 398, article 1, section 18, as amended, is repealed.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 98.

Laws 2008, chapter 274, section 5, is amended to read:


Sec. 5. BOVINE TUBERCULOSIS CONTROL ASSESSMENT;
TEMPORARY ASSESSMENT; APPROPRIATION.

(a) From January 1, 2009, to December 31, 2009, a person who purchases deleted text begina beef
cow, heifer, or steer in
deleted text endnew text begin cattle that were raised or fed withinnew text end this state shall collect a
bovine tuberculosis control assessment of $1 per head from the seller and shall submit
all assessments collected to the commissioner of agriculture at least once every 30 days.
new text begin If cattle that were raised or fed within this state are sold outside of the state and the
assessment is not collected by the purchaser, the seller is responsible for submitting the
assessment to the commissioner.
new text endFor the purposes of this section, "a person who purchases
deleted text begin a beef cow, heifer, or steer indeleted text endnew text begin cattle that were raised or fed withinnew text end this state" includes the
first purchaser, as defined in Minnesota Statutes, section 17.53, subdivision 8, paragraph
(a), and any subsequent purchaser of the living animal.

(b) Money collected under this section shall be deposited in an account in the special
revenue fund and is appropriated to the Board of Animal Health for bovine tuberculosis
control activities.

(c) Notwithstanding paragraph (a), a person may not collect a bovine tuberculosis
control assessment from a person whose cattle operation is located within a modified
accredited zone established under Minnesota Statutes, section 35.244, unless the cattle
owner voluntarily pays the assessment. The commissioner of agriculture shall publish and
make available a list of cattle producers exempt under this paragraph.

new text begin (d) This section may be enforced under Minnesota Statutes, sections 17.982 to
17.984.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies retroactively to cattle purchased on January 1, 2009, and thereafter.
new text end

Sec. 99. new text beginINTERAGENCY STAFF.
new text end

new text begin For fiscal years 2010 and 2011, the Department of Agriculture, Board of Animal
Health, and Agricultural Utilization Research Institute must not use funds appropriated in
this article or statutorily appropriated from the agricultural fund to directly or indirectly
pay for the services of staff in the Office of the Governor.
new text end

Sec. 100. new text beginGREEN JOBS FOOD PRODUCTION STUDY; REPORT.
new text end

new text begin The Agricultural Utilization Research Institute shall prepare a detailed study of
this state's food production sector in coordination with the Minnesota State Colleges
and Universities; urban, rural, and tribal community-based agriculture and food security
organizations; members of the legislature with service on committees created by the
Green Jobs Task Force; and other interested stakeholders. The study shall define the size
of the employment base and identify opportunities to increase the number of green jobs
in each of the following sector segments: organics and organic value-added processing
and local, conventional, natural, traditional, and urban farming. No later than January
15, 2010, the Agricultural Utilization Research Institute shall report its findings to the
legislative committees with jurisdiction over employment and economic development
policy or finance or agriculture finance.
new text end

Sec. 101. new text beginFEDERAL STIMULUS FUNDING.
new text end

new text begin The commissioner of agriculture shall apply for funding available to the state
through the federal American Recovery and Reinvestment Act of 2009, Public Law 111-5,
for areas under the purview of the commissioner including but not limited to agriculture
and rural development, bioenergy, food safety, farm-to-school and related nutrition
programs, and the development of local and regional food systems.
new text end

Sec. 102. new text beginREPORT ON MINNESOTA PROCESSED FOODS LABELING.
new text end

new text begin (a) The commissioner of agriculture shall consult with Minnesota food processors
and retailers regarding the development of labeling that identifies food products processed
in this state. The commissioner shall consult with interested parties including, but not
limited to, the following organizations:
new text end

new text begin (1) the food processor industry, including representatives who represent different
business sizes and product categories;
new text end

new text begin (2) the food retailer industry, including at least one representative with retail store
locations located outside of the Twin Cities metropolitan area;
new text end

new text begin (3) the Agricultural Utilization Research Institute; and
new text end

new text begin (4) statewide agricultural producer groups.
new text end

new text begin (b) No later than March 31, 2010, the commissioner shall report findings and
recommendations to the legislative committees with jurisdiction over agriculture policy
and finance. The report shall include an assessment of the level of food processor interest
in developing a trademarked logo or labeling statement as well as recommendations
regarding program funding options, product eligibility criteria, and coordination with
existing labeling and promotion programs and resources.
new text end

Sec. 103. new text beginFERAL SWINE REPORT.
new text end

new text begin The commissioner of natural resources, in coordination with the commissioner of
agriculture and the executive director of the Board of Animal Health, shall develop a
report and recommend any necessary changes to state policies, authorities, and penalties
related to feral swine and other nonnative or domestic animals released, that have
escaped, or that are otherwise running at large. The agencies shall consult with interested
stakeholders. No later than January 15, 2010, the commissioner of natural resources shall
submit the report to the legislative committees with jurisdiction over natural resources
or agriculture policy or finance.
new text end

Sec. 104. new text beginDEADLINE FOR APPOINTMENTS.
new text end

new text begin (a) The commissioner of agriculture shall complete the new appointments required
by Minnesota Statutes, section 31.94, paragraph (c), no later than September 1, 2009.
new text end

new text begin (b) The commissioner of agriculture shall complete the appointments required
under Minnesota Statutes, section 31.97, by September 1, 2009. The commissioner or
the commissioner's designee shall convene the first meeting of the Feeding Minnesota
Task Force no later than October 1, 2009.
new text end

new text begin (c) The commissioner of agriculture shall complete the appointments required
under Minnesota Statutes, section 18.91, by September 1, 2009. The commissioner or
the commissioner's designee shall convene the first meeting of the committee no later
than October 1, 2009.
new text end

Sec. 105. new text beginAPPROPRIATION MODIFICATION.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 35.085, the Board of Animal Health
may make onetime grants to certain beef cattle producers participating in the bovine
tuberculosis herd buyout authorized in Minnesota Statutes, section 35.086, from the
$100,000 appropriation for reimbursements in Laws 2007, chapter 45, article 1, section 4.
new text end

new text begin (b) A buyout participant is eligible for payment under this section if the Board of
Animal Health quarantined the participant's herd and required the participant to sell young
cattle at slaughter rather than as feeder cattle.
new text end

new text begin (c) For each head of cattle sold at slaughter under paragraph (b), the Board of
Animal Health must pay the difference between the fair market feeder cattle value at the
time of sale, as determined by the Board of Animal Health, and the documented slaughter
price received by the participant.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 106. new text beginUNUSED OFFICE SPACE.
new text end

new text begin The commissioner of agriculture, in consultation with the commissioner of
administration, shall actively seek tenants to rent vacant or unused space in the Freeman
Building. The commissioner of agriculture shall notify entities that receive state funding
of the amount and type of space available, the rental rate, and other lease terms. No
later than February 1, 2011, the commissioner of agriculture shall report actions taken
and outcomes achieved under this section to the legislative committees with jurisdiction
over agriculture finance. Any revenue raised under this section is appropriated to the
commissioner of agriculture to award grants to livestock producers under Minnesota
Statutes, section 41A.12.
new text end

Sec. 107. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 17.49, subdivision 3; 18.81, subdivision 1;
18G.12, subdivision 5; 38.02, subdivisions 3 and 4; 41.51; 41.52; 41.53; 41.55; 41.56;
41.57; 41.58, subdivisions 1 and 2; 41.59, subdivision 1; 41.60; 41.61, subdivision 1;
41.62; 41.63; and 41.65,
new text end new text begin and new text end

new text begin Minnesota Rules, part 1505.0820, new text end new text begin are repealed.
new text end

ARTICLE 2

RURAL FINANCE AUTHORITY

Section 1. new text beginRURAL FINANCE AUTHORITY.
new text end

new text begin Subdivision 1. new text end

new text begin Appropriation. new text end

new text begin $35,000,000 is appropriated from the bond proceeds
fund for the purposes set forth in the Minnesota Constitution, article XI, section 5, clause
(h), to the Rural Finance Authority to purchase participation interests in or to make direct
agricultural loans to farmers under Minnesota Statutes, chapter 41B. This appropriation is
for the beginning farmer program under Minnesota Statutes, section 41B.039; the loan
restructuring program under Minnesota Statutes, section 41B.04; the seller-sponsored
program under Minnesota Statutes, section 41B.042; the agricultural improvement loan
program under Minnesota Statutes, section 41B.043; and the livestock expansion loan
program under Minnesota Statutes, section 41B.045. All debt service on bond proceeds
used to finance this appropriation must be repaid by the Rural Finance Authority under
Minnesota Statutes, section 16A.643. Loan participations must be priced to provide full
interest and principal coverage and a reserve for potential losses. Priority for loans must be
given first to basic beginning farmers loans; second, to seller-sponsored loans; and third,
to agricultural improvement loans. The authority may use a portion of this appropriation
to pay bond sales expenses under Minnesota Statutes, section 16A.641, subdivision 8.
new text end

new text begin Subd. 2. new text end

new text begin Bond sale. new text end

new text begin To provide the money appropriated in this section from the
bond proceeds fund, the commissioner of finance shall sell and issue bonds of the state in
an amount up to $35,000,000 in the manner, upon the terms, and with the effect prescribed
by Minnesota Statutes, sections 16A.631 to 16A.675, and by the Minnesota Constitution,
article XI, sections 4 to 7.
new text end

new text begin Subd. 3. new text end

new text begin Notice. new text end

new text begin If the appropriations in this section are enacted more than once in
the 2009 regular legislative session, these appropriations must be given effect only once.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

ARTICLE 3

VETERANS AFFAIRS

Section 1. new text beginVETERANS AFFAIRS.
new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund and are available for the fiscal years indicated for each purpose. The figures
"2010" and "2011" used in this article mean that the appropriations listed under them are
available for the fiscal year ending June 30, 2010, or June 30, 2011, respectively. "The
first year" is fiscal year 2010. "The second year" is fiscal year 2011. "The biennium" is
fiscal years 2010 and 2011.
new text end

new text begin APPROPRIATIONS
new text end
new text begin Available for the Year
new text end
new text begin Ending June 30
new text end
new text begin 2010
new text end
new text begin 2011
new text end

Sec. 2. new text beginVETERANS AFFAIRS
new text end

new text begin new text end new text begin new text end new text begin new text end new text begin new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 58,325,000
new text end
new text begin $
new text end
new text begin 58,568,000
new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end

new text begin Veterans Services
new text end

new text begin 14,652,000
new text end
new text begin 14,652,000
new text end

new text begin $250,000 each year is for a grant to the
Minnesota Assistance Council for Veterans.
This appropriation is in addition to the
existing agency base appropriation and must
be added to the agency appropriation base
for fiscal years 2012 and later.
new text end

new text begin Of this amount, $500,000 in fiscal year 2010
and $500,000 in fiscal year 2011 are to be
used to continue working on the merger of
the Department of Veterans Affairs computer
system and the former Veterans Homes
Board computer system.
new text end

new text begin $100,000 each year is for the costs of
administering the Minnesota GI Bill program
under Minnesota Statutes, section 197.791.
new text end

new text begin $353,000 each year is for grants to the
following congressionally chartered veterans
service organizations, as designated by the
commissioner: Disabled American Veterans,
Military Order of the Purple Heart, the
American Legion, Veterans of Foreign Wars,
Vietnam Veterans of America, AMVETS,
and Paralyzed Veterans of America. This
funding must be allocated in direct proportion
to the funding currently being provided by
the commissioner to these organizations.
new text end

new text begin Subd. 3. new text end

new text begin Veterans Homes
new text end

new text begin 43,673,000
new text end
new text begin 43,916,000
new text end

new text begin Veterans Homes Special Revenue Account.
The general fund appropriations made to
the department may be transferred to a
veterans homes special revenue account in
the special revenue fund in the same manner
as other receipts are deposited according
to Minnesota Statutes, section 198.34, and
are appropriated to the department for the
operation of veterans homes facilities and
programs.
new text end

new text begin Repair and Betterment. new text end new text begin Of this
appropriation, $1,000,000 in fiscal year
2010 and $500,000 in fiscal year 2011
are to be used for repair, maintenance,
rehabilitation, and betterment activities at
facilities statewide.
new text end

new text begin Hastings Veterans Home. new text end new text begin $220,000 each
year is for increases in the mental health
program at the Hastings Veterans Home.
new text end

new text begin Food. new text end new text begin $92,000 in fiscal year 2010 and
$189,000 in fiscal year 2011 are for increases
in food costs at the Minnesota veterans
homes.
new text end

new text begin Pharmaceuticals. new text end new text begin $287,000 in fiscal year
2010 and $617,000 in fiscal year 2011 are for
increases in pharmaceutical costs.
new text end

new text begin Fuel and Utilities. new text end new text begin $277,000 in fiscal year
2010 and $593,000 in fiscal year 2011 are
for increases in fuel and utility costs at the
Minnesota veterans homes.
new text end

new text begin Medicare Part D. new text end new text begin $141,000 in fiscal year
2010 and $141,000 in fiscal year 2011 are
for implementation of Minnesota Statutes,
section 198.003, subdivision 7.
new text end

Sec. 3.

Minnesota Statutes 2008, section 16C.16, is amended by adding a subdivision
to read:


new text begin Subd. 6a. new text end

new text begin Veteran-owned small businesses. new text end

new text begin (a) The commissioner shall award up
to a six percent preference, but no less than the percentage awarded to any other group
under this section, in the amount bid on state procurement to certified small businesses
that are majority-owned and operated either:
new text end

new text begin (1) by veterans, as indicated by the person's United States Department of Defense
form DD-214 or by the commissioner of veterans affairs; or
new text end

new text begin (2) by veterans having service-connected disabilities, as determined at any time by
the United States Department of Veterans Affairs.
new text end

new text begin (b) The purpose of this designation is to facilitate the transition of veterans from
military to civilian life, and to help compensate veterans for their sacrifices, including but
not limited to their sacrifice of health and time, to the state and nation during their military
service, as well as to enhance economic development within Minnesota.
new text end

new text begin (c) For purposes of this section and section 16C.19, the following terms have the
meanings given them:
new text end

new text begin (1) "veteran" has the meaning given in section 197.447; and
new text end

new text begin (2) "service-connected disability" has the meaning given in United States Code, title
38, section 101(16), as determined by the United States Department of Veterans Affairs.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to
procurement contract bid solicitations issued on and after that date.
new text end

Sec. 4.

Minnesota Statutes 2008, section 16C.19, is amended to read:


16C.19 ELIGIBILITY; RULES.

(a) A small business wishing to participate in the programs under section 16C.16,
subdivisions 4 to 7
, must be certified by the commissioner. The commissioner shall adopt
by rule standards and procedures for certifying that small businesses, small targeted group
businesses, and small businesses located in economically disadvantaged areas are eligible
to participate under the requirements of sections 16C.16 to 16C.21. The commissioner
shall adopt by rule standards and procedures for hearing appeals and grievances and other
rules necessary to carry out the duties set forth in sections 16C.16 to 16C.21.

(b) The commissioner may make rules which exclude or limit the participation of
nonmanufacturing business, including third-party lessors, brokers, franchises, jobbers,
manufacturers' representatives, and others from eligibility under sections 16C.16 to
16C.21.

(c) The commissioner may make rules that set time limits and other eligibility limits
on business participation in programs under sections 16C.16 to 16C.21.

new text begin (d) Notwithstanding paragraph (c), for purposes of sections 16C.16 to 16C.21,
a veteran-owned small business or service-disabled veteran-owned small business, the
principal place of business of which is in Minnesota, is certified if it has been verified by
the United States Department of Veterans Affairs as being a veteran-owned small business
or service disabled veteran-owned small business in accordance with Public Law 109-461
and Code of Federal Regulations, title 38, part 74.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to
procurement contract bid solicitations issued on and after that date.
new text end

Sec. 5.

Minnesota Statutes 2008, section 16C.20, is amended to read:


16C.20 CERTIFICATION.

A business that is certified by the commissioner of administration as a small
business, small targeted group businessnew text begin,new text end deleted text beginordeleted text end a small business located in an economically
disadvantaged areanew text begin, or a veteran-owned small businessnew text end is eligible to participate under the
requirements of sections 137.31 and 161.321 and, if certified as a small businessnew text begin,new text end deleted text beginordeleted text end small
targeted group business,new text begin or veteran-owned small business,new text end under section 473.142 without
further certification by the contracting agency.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to
procurement contract bid solicitations issued on and after that date.
new text end

Sec. 6.

Minnesota Statutes 2008, section 43A.11, subdivision 7, is amended to read:


Subd. 7.

Ranking of veterans.

Applicants who meet the minimum qualifications
for a vacant position and claim disabled veteran's preference shall be listed in the applicant
pool ahead of all other applicants. Applicants who meet the minimum qualifications for a
vacant position and claim nondisabled veteran's preference shall be listed in the applicant
pool after those claiming disabled veteran's preference and ahead of nonveterans.new text begin Each
recently separated veteran who meets minimum qualifications for a vacant position
and has claimed a veterans or disabled veterans preference must be considered for the
position. The top five recently separated veterans must be granted an interview for the
position by the hiring authority.
new text end

new text begin The term "recently separated veteran" means a veteran, as defined in section
197.447, who has served in active military service, at any time on or after September
11, 2001, and who has been honorably discharged from active service, as shown by the
person's form DD-214.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to all
vacancies posted on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2008, section 43A.23, subdivision 1, is amended to read:


Subdivision 1.

General.

(a) The commissioner is authorized to request proposals
or to negotiate and to enter into contracts with parties which in the judgment of the
commissioner are best qualified to provide service to the benefit plans. Contracts entered
into are not subject to the requirements of sections 16C.16 to 16C.19. The commissioner
may negotiate premium rates and coverage. The commissioner shall consider the cost of
the plans, conversion options relating to the contracts, service capabilities, character,
financial position, and reputation of the carriers, and any other factors which the
commissioner deems appropriate. Each benefit contract must be for a uniform term of at
least one year, but may be made automatically renewable from term to term in the absence
of notice of termination by either party. A carrier licensed under chapter 62A is exempt
from the taxes imposed by chapter 297I on premiums paid to it by the state.

(b) All self-insured hospital and medical service products must comply with coverage
mandates, data reporting, and consumer protection requirements applicable to the licensed
carrier administering the product, had the product been insured, including chapters 62J,
62M, and 62Q. Any self-insured products that limit coverage to a network of providers
or provide different levels of coverage between network and nonnetwork providers shall
comply with section 62D.123 and geographic access standards for health maintenance
organizations adopted by the commissioner of health in rule under chapter 62D.

(c) Notwithstanding paragraph (b), a self-insured hospital and medical product
offered under sections 43A.22 to 43A.30 is not required to extend dependent coverage to
an eligible employee's unmarried child under the age of 25 to the full extent required under
chapters 62A and 62L. Dependent coverage must, at a minimum, extend to an eligible
employee's unmarried child who is under the age of 19 or an unmarried child under the
age of 25 who is a full-time student. new text beginA person who is at least 19 years of age but who is
under the age of 25 and who is not a full-time student must be permitted to be enrolled as
a dependent of an eligible employee until age 25 if the person:
new text end

new text begin (1) was a full-time student immediately prior to being ordered into active military
service, as defined in section 190.05, subdivision 5b or 5c;
new text end

new text begin (2) has been separated or discharged from active military service; and
new text end

new text begin (3) would be eligible to enroll as a dependent of an eligible employee, except that
the person is not a full-time student.
new text end

The definition of "full-time student" for purposes of this paragraph includes any student
who by reason of illness, injury, or physical or mental disability as documented by
a physician is unable to carry what the educational institution considers a full-time
course load so long as the student's course load is at least 60 percent of what otherwise
is considered by the institution to be a full-time course load. Any notice regarding
termination of coverage due to attainment of the limiting age must include information
about this definition of "full-time student."

(d) Beginning January 1, 2010, the health insurance benefit plans offered in the
commissioner's plan under section 43A.18, subdivision 2, and the managerial plan under
section 43A.18, subdivision 3, must include an option for a health plan that is compatible
with the definition of a high-deductible health plan in section 223 of the United States
Internal Revenue Code.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to persons separated or discharged from active military service before, on, or
after that date.
new text end

Sec. 8.

Minnesota Statutes 2008, section 161.321, is amended to read:


161.321 SMALL BUSINESS CONTRACTS.

Subdivision 1.

Definitions.

For purposes of this section the following terms have
the meanings given them, except where the context clearly indicates a different meaning is
intended.

(a) "Award" means the granting of a contract in accordance with all applicable laws
and rules governing competitive bidding except as otherwise provided in this section.

(b) "Contract" means an agreement entered into between a business entity and the
state of Minnesota for the construction of transportation improvements.

(c) "Subcontractor" means a business entity which enters into a legally binding
agreement with another business entity which is a party to a contract as defined in
paragraph (b).

(d) "Targeted group business" means a business designated under section 16C.16,
subdivision 5
.

new text begin (e) "Veteran-owned small business" means a business designated under section
16C.16, subdivision 6a.
new text end

Subd. 2.

Small business set-asides.

(a) The commissioner may award up to a six
percent preference in the amount bid for specified construction work to small targeted
group businessesnew text begin and veteran-owned small businessesnew text end.

(b) The commissioner may designate a contract for construction work for award only
to small targeted group businesses if the commissioner determines that at least three small
targeted group businesses are likely to bid.new text begin The commissioner may designate a contract for
construction work for award only to veteran-owned small businesses if the commissioner
determines that at least three veteran-owned small businesses are likely to bid.
new text end

(c) The commissioner, as a condition of awarding a construction contract, may
set goals that require the prime contractor to subcontract a portion of the contract to
small targeted group businessesnew text begin and veteran-owned small businessesnew text end. The commissioner
must establish a procedure for granting waivers from the subcontracting requirement
when qualified small targeted group businessesnew text begin and veteran-owned small businessesnew text end
are not reasonably available. The commissioner may establish financial incentives for
prime contractors who exceed the goals for use of subcontractors and financial penalties
for prime contractors who fail to meet goals under this paragraph. The subcontracting
requirements of this paragraph do not apply to prime contractors who are small targeted
group businessesnew text begin or veteran-owned small businessesnew text end.

(d) The commissioner may award up to a four percent preference in the amount bid
on procurement to small businesses located in an economically disadvantaged area as
defined in section 16C.16, subdivision 7.

Subd. 3.

Awards to small businesses.

At least 75 percent of subcontracts awarded
to small targeted group businesses must be performed by the business to which the
subcontract is awarded or another small targeted group business.new text begin At least 75 percent
of subcontracts awarded to veteran-owned small businesses must be performed by the
business to which the subcontract is awarded or another veteran-owned small business.
new text end

Subd. 4.

Awards, limitations.

Contracts awarded pursuant to this section are
subject to all limitations contained in rules adopted by the commissioner of administration.

Subd. 5.

Recourse to other businesses.

If the commissioner is unable to award
a contract pursuant to the provisions of subdivisions 2 and 3, the award may be placed
pursuant to the normal solicitation and award provisions set forth in this chapter and
chapter 16C.

Subd. 6.

Rules.

The rules adopted by the commissioner of administration to define
small businesses and to set time and other eligibility requirements for participation in
programs under sections 16C.16 to 16C.19 apply to this section. The commissioner may
promulgate other rules necessary to carry out this section.

Subd. 7.

Noncompetitive bids.

The commissioner is encouraged to purchase
from small targeted group businessesnew text begin and veteran-owned small businessesnew text end designated
under section 16C.16 when making purchases that are not subject to competitive bidding
procedures.

Subd. 8.

Report by commissioner.

The commissioner of transportation shall report
to the commissioner of administration on compliance with this section. The information
must be reported at the time and in the manner requested by the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to
procurement contract bid solicitations issued on and after that date.
new text end

Sec. 9.

new text begin [168.1253] GOLD STAR LICENSE PLATE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The terms used in this section have the meanings
given them in this subdivision.
new text end

new text begin (b) "Active service" has the meaning given in section 190.05, subdivision 5.
new text end

new text begin (c) "Eligible person" means a surviving spouse or parent of a person who has died
while serving honorably in active service.
new text end

new text begin (d) "Motor vehicle" means a vehicle for personal use, not used for commercial
purposes, and may include a passenger automobile, motorcycle, recreational vehicle,
pickup truck, or van.
new text end

new text begin Subd. 2. new text end

new text begin Issuance; eligibility. new text end

new text begin Beginning October 1, 2009, the commissioner shall
issue special plates bearing the inscription "GOLD STAR" to an applicant who:
new text end

new text begin (1) is an owner or joint owner of a motor vehicle;
new text end

new text begin (2) is an eligible person; and
new text end

new text begin (3) complies with all laws relating to the registration and licensing of motor vehicles
and drivers.
new text end

new text begin Subd. 3. new text end

new text begin No fee. new text end

new text begin The commissioner shall issue a set of Gold Star plates, or a single
plate for a motorcycle, to an eligible person free of charge, and shall replace the plate or
plates without charge if they become damaged.
new text end

new text begin Subd. 4. new text end

new text begin Design. new text end

new text begin The special plates issued under this section must be of a design
and size determined by the commissioner, in consultation with the commissioner of
veterans affairs. The commissioner may design the plates in accordance with section
168.1291, subdivision 2.
new text end

new text begin Subd. 5. new text end

new text begin Transfer. new text end

new text begin On payment of a fee of $5 and notification to the commissioner,
special plates issued under this section may be transferred to another motor vehicle owned
or jointly owned by the eligible person.
new text end

new text begin Subd. 6. new text end

new text begin Costs of production. new text end

new text begin The commissioner of finance may transfer money
in the "Support Our Troops" account under section 190.19, subdivision 2a, to the driver
and vehicle services account under section 299A.705, subdivision 1, to pay for the cost
of production of the license plates authorized under this section. The commissioner of
veterans affairs and the commissioner of public safety must agree on a payment schedule
before any money may be transferred under this subdivision.
new text end

Sec. 10.

Minnesota Statutes 2008, section 171.06, subdivision 3, is amended to read:


Subd. 3.

Contents of application; other information.

(a) An application must:

(1) state the full name, date of birth, sex, and either (i) the residence address of the
applicant, or (ii) designated address under section 5B.05;

(2) as may be required by the commissioner, contain a description of the applicant
and any other facts pertaining to the applicant, the applicant's driving privileges, and the
applicant's ability to operate a motor vehicle with safety;

(3) state:

(i) the applicant's Social Security number; or

(ii) if the applicant does not have a Social Security number and is applying for a
Minnesota identification card, instruction permit, or class D provisional or driver's license,
that the applicant certifies that the applicant does not have a Social Security number;

(4) contain a space where the applicant may indicate a desire to make an anatomical
gift according to paragraph (b); deleted text beginand
deleted text end

(5) contain a notification to the applicant of the availability of a living will/health
care directive designation on the license under section 171.07, subdivision 7new text begin; and
new text end

new text begin (6) contain a space where the applicant may request a veteran designation on the
license under section 171.07, subdivision 15
new text endnew text begin, and the driving record under section 171.12,
subdivision 5a
new text end.

(b) If the applicant does not indicate a desire to make an anatomical gift when
the application is made, the applicant must be offered a donor document in accordance
with section 171.07, subdivision 5. The application must contain statements sufficient to
comply with the requirements of the Darlene Luther Revised Uniform Anatomical Gift
Act, chapter 525A, so that execution of the application or donor document will make
the anatomical gift as provided in section 171.07, subdivision 5, for those indicating a
desire to make an anatomical gift. The application must be accompanied by information
describing Minnesota laws regarding anatomical gifts and the need for and benefits of
anatomical gifts, and the legal implications of making an anatomical gift, including the
law governing revocation of anatomical gifts. The commissioner shall distribute a notice
that must accompany all applications for and renewals of a driver's license or Minnesota
identification card. The notice must be prepared in conjunction with a Minnesota organ
procurement organization that is certified by the federal Department of Health and Human
Services and must include:

(1) a statement that provides a fair and reasonable description of the organ donation
process, the care of the donor body after death, and the importance of informing family
members of the donation decision; and

(2) a telephone number in a certified Minnesota organ procurement organization that
may be called with respect to questions regarding anatomical gifts.

(c) The application must be accompanied also by information containing relevant
facts relating to:

(1) the effect of alcohol on driving ability;

(2) the effect of mixing alcohol with drugs;

(3) the laws of Minnesota relating to operation of a motor vehicle while under the
influence of alcohol or a controlled substance; and

(4) the levels of alcohol-related fatalities and accidents in Minnesota and of arrests
for alcohol-related violations.

Sec. 11.

Minnesota Statutes 2008, section 171.07, is amended by adding a subdivision
to read:


new text begin Subd. 15. new text end

new text begin Veteran designation. new text end

new text begin (a) At the request of the applicant and on payment
of the required fee, the department shall issue, renew, or reissue a driver's license or
Minnesota identification card bearing the designation "Veteran" to an applicant who is
a veteran, as defined in section 197.447.
new text end

new text begin (b) At the time of the initial application for the designation provided under this
subdivision, the applicant must have a certified copy of the veteran's discharge papers.
new text end

new text begin (c) The commissioner of public safety is required to issue drivers' licenses and
Minnesota identification cards with the veteran designation only after entering a new
contract or in coordination with producing a new card design with modifications made
as required by law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to
drivers' licenses and Minnesota identification cards issued as stated in paragraph (c).
new text end

Sec. 12.

Minnesota Statutes 2008, section 171.12, is amended by adding a subdivision
to read:


new text begin Subd. 5a. new text end

new text begin Veteran designation. new text end

new text begin When an applicant for a driver's license, instruction
permit, or Minnesota identification card requests a veteran designation under section
171.06, subdivision 3, the commissioner shall maintain a computer record of veteran
designations. The veteran designation may be removed from the computer record only
upon written notice to the department. The veteran designation is classified as private data
on individuals as defined in section 13.02, subdivision 12, except that this information is
available to the commissioner of veterans affairs for the purpose of administering veterans
benefits.
new text end

Sec. 13.

Minnesota Statutes 2008, section 190.19, subdivision 2a, is amended to read:


Subd. 2a.

Uses; veterans.

Money appropriated to the Department of Veterans
Affairs from the Minnesota "Support Our Troops" account may be used for:

(1) grants to veterans service organizations; deleted text beginand
deleted text end

(2) outreach to underserved veteransnew text begin; and
new text end

new text begin (3) transfers to the vehicle services account for gold star license plates under section
168.1253
new text end.

Sec. 14.

Minnesota Statutes 2008, section 197.455, subdivision 1, is amended to read:


Subdivision 1.

Application.

new text begin(a)new text end This section shall govern preference of a veteran
under the civil service laws, charter provisions, ordinances, rules or regulations of a
county, city, town, school district, or other municipality or political subdivision of this
state. Any provision in a law, charter, ordinance, rule or regulation contrary to the
applicable provisions of this section is void to the extent of such inconsistency.

new text begin (b)new text end Sections 197.46 to deleted text begin197.48 shall notdeleted text endnew text begin 197.481 alsonew text end apply to deleted text beginstate civil service.deleted text endnew text begin a
veteran who is an incumbent in a classified appointment in the state civil service and has
completed the probationary period for that position, as defined under section 43A.16.
In matters of dismissal from such a position, a qualified veteran has the irrevocable
option of using the procedures described in sections 197.46 to 197.481, or the procedures
provided in the collective bargaining agreement applicable to the person, but not both.
For a qualified veteran electing to use the procedures of sections 197.46 to 197.481, the
matters governed by those sections must not be considered grievances under a collective
bargaining agreement, and if a veteran elects to appeal the dispute through those sections,
the veteran is precluded from making an appeal under the grievance procedure of the
collective bargaining agreement.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to
appointments to state and local government positions of employment made on or after
that date.
new text end

Sec. 15.

Minnesota Statutes 2008, section 197.46, is amended to read:


197.46 VETERANS PREFERENCE ACT; REMOVAL FORBIDDEN; RIGHT
OF MANDAMUS.

Any person whose rights may be in any way prejudiced contrary to any of the
provisions of this section, shall be entitled to a writ of mandamus to remedy the wrong.
No person holding a position by appointment or employment in the several counties,
cities, towns, school districts and all other political subdivisions in the state, who is a
veteran separated from the military service under honorable conditions, shall be removed
from such position or employment except for incompetency or misconduct shown after a
hearing, upon due notice, upon stated charges, in writing.

Any veteran who has been notified of the intent to discharge the veteran from an
appointed position or employment pursuant to this section shall be notified in writing of
such intent to discharge and of the veteran's right to request a hearing within 60 days of
receipt of the notice of intent to discharge. The failure of a veteran to request a hearing
within the provided 60-day period shall constitute a waiver of the right to a hearing. Such
failure shall also waive all other available legal remedies for reinstatement.

Request for a hearing concerning such a discharge shall be made in writing and
submitted by mail or personal service to the employment office of the concerned employer
or other appropriate office or person.

In all governmental subdivisions having an established civil service board or
commission, or merit system authority, such hearing for removal or discharge shall be
held before such civil service board or commission or merit system authority. Where no
such civil service board or commission or merit system authority exists, such hearing
shall be held by a board of three persons appointed as follows: one by the governmental
subdivision, one by the veteran, and the third by the two so selected. In the event the two
persons so selected do not appoint the third person within ten days after the appointment
of the last of the two, then the judge of the district court of the county wherein the
proceeding is pending, or if there be more than one judge in said county then any judge in
chambers, shall have jurisdiction to appoint, and upon application of either or both of the
two so selected shall appoint, the third person to the board and the person so appointed
by the judge with the two first selected shall constitute the board. The veteran may
appeal from the decision of the board upon the charges to the district court by causing
written notice of appeal, stating the grounds thereof, to be served upon the governmental
subdivision or officer making the charges within 15 days after notice of the decision and
by filing the original notice of appeal with proof of service thereof in the office of the court
administrator of the district court within ten days after service thereof. Nothing in section
197.455 or this section shall be construed to apply to the position of private secretary,
deleted text begin teacher,deleted text end superintendent of schools, or one chief deputy of any elected official or head of
a department, or to any person holding a strictly confidential relation to the appointing
officer. The burden of establishing such relationship shall be upon the appointing officer
in all proceedings and actions relating thereto.

All officers, boards, commissions, and employees shall conform to, comply with,
and aid in all proper ways in carrying into effect the provisions of section 197.455 and this
section notwithstanding any laws, charter provisions, ordinances or rules to the contrary.
Any willful violation of such sections by officers, officials, or employees is a misdemeanor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 16.

Minnesota Statutes 2008, section 197.791, subdivision 6, is amended to read:


Subd. 6.

deleted text beginInsufficientdeleted text end Appropriation.

deleted text beginIfdeleted text end The amount deleted text beginappropriated is determined by
the commissioner to be insufficient
deleted text endnew text begin necessarynew text end to pay the benefit amounts in subdivision
5, new text beginis appropriated from the general fund to new text endthe commissioner deleted text beginmust reduce the amounts
specified in subdivision 5, paragraph (c), clauses (1) and (2)
deleted text end. new text beginDuring any fiscal year
beginning on or after July 1, 2013, the amount paid under this subdivision must not
exceed $6,000,000.
new text end

Sec. 17.

Minnesota Statutes 2008, section 198.003, is amended by adding a subdivision
to read:


new text begin Subd. 4a. new text end

new text begin Federal funding. new text end

new text begin The commissioner is authorized to apply for and accept
federal funding for purposes of this section.
new text end

Sec. 18.

Minnesota Statutes 2008, section 198.003, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Use of Medicare Part D for pharmacy costs. new text end

new text begin (a) The commissioner
shall maximize the use of Medicare Part D to pay pharmacy costs for eligible veterans
residing at the veterans homes.
new text end

new text begin (b) The commissioner shall encourage eligible veterans to participate in the
Medicare Part D program and assist veterans in obtaining Medicare Part D coverage.
new text end

new text begin (c) The commissioner shall take any necessary steps to prevent an eligible veteran
participating in Medicare Part D from receiving fewer benefits under Medicare Part D
than they would have received under their existing Veterans Administration benefits.
new text end

Sec. 19.

Minnesota Statutes 2008, section 473.142, is amended to read:


473.142 SMALL BUSINESSES.

(a) The Metropolitan Council and agencies specified in section 473.143, subdivision
1
, may award up to a six percent preference in the amount bid for specified goods
or services to small targeted group businessesnew text begin and veteran-owned small businessesnew text end
designated under section 16C.16.

(b) The council and each agency specified in section 473.143, subdivision 1, may
designate a purchase of goods or services for award only to small targeted group businesses
designated under section 16C.16 if the council or agency determines that at least three
small targeted group businesses are likely to bid. new text beginThe council and each agency specified in
section 473.143, subdivision 1, may designate a purchase of goods or services for award
only to veteran-owned small businesses designated under section 16C.16 if the council or
agency determines that at least three veteran-owned small businesses are likely to bid.
new text end

(c) The council and each agency specified in section 473.143, subdivision 1, as a
condition of awarding a construction contract or approving a contract for consultant,
professional, or technical services, may set goals that require the prime contractor
to subcontract a portion of the contract to small targeted group businessesnew text begin and
veteran-owned small businesses
new text end designated under section 16C.16. The council or agency
must establish a procedure for granting waivers from the subcontracting requirement
when qualified small targeted group businessesnew text begin and veteran-owned small businessesnew text end are
not reasonably available. The council or agency may establish financial incentives for
prime contractors who exceed the goals for use of subcontractors and financial penalties
for prime contractors who fail to meet goals under this paragraph. The subcontracting
requirements of this paragraph do not apply to prime contractors who are small targeted
group businessesnew text begin and veteran-owned small businessesnew text end. At least 75 percent of the value of
the subcontracts awarded to small targeted group businesses under this paragraph must
be performed by the business to which the subcontract is awarded or by another small
targeted group business. new text beginAt least 75 percent of the value of the subcontracts awarded to
veteran-owned small businesses under this paragraph must be performed by the business
to which the subcontract is awarded or another veteran-owned small business.
new text end

(d) The council and each agency listed in section 473.143, subdivision 1, are
encouraged to purchase from small targeted group businessesnew text begin and veteran-owned small
businesses
new text end designated under section 16C.16 when making purchases that are not subject to
competitive bidding procedures.

(e) The council and each agency may adopt rules to implement this section.

(f) Each council or agency contract must require the prime contractor to pay any
subcontractor within ten days of the prime contractor's receipt of payment from the
council or agency for undisputed services provided by the subcontractor. The contract
must require the prime contractor to pay interest of 1-1/2 percent per month or any
part of a month to the subcontractor on any undisputed amount not paid on time to the
subcontractor. The minimum monthly interest penalty payment for an unpaid balance of
$100 or more is $10. For an unpaid balance of less than $100, the prime contractor shall
pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil
action to collect interest penalties from a prime contractor must be awarded its costs and
disbursements, including attorney fees, incurred in bringing the action.

(g) This section does not apply to procurement financed in whole or in part
with federal funds if the procurement is subject to federal disadvantaged, minority, or
women business enterprise regulations. The council and each agency shall report to the
commissioner of administration on compliance with this section. The information must be
reported at the time and in the manner requested by the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to
procurement contract bid solicitations issued on and after that date.
new text end

Sec. 20.

Minnesota Statutes 2008, section 626.8517, is amended to read:


626.8517 ELIGIBILITY FOR RECIPROCITY EXAMINATION BASED ON
RELEVANT MILITARY EXPERIENCE.

(a) For purposes of this sectiondeleted text begin,deleted text endnew text begin:
new text end

new text begin (1) "active service" has the meaning given in section 190.05, subdivision 5; and
new text end

new text begin (2)new text end "relevant military experience" means deleted text beginfive years of active duty military police
service.
deleted text endnew text begin:
new text end

new text begin (i) five years' active service experience in a military law enforcement occupational
specialty;
new text end

new text begin (ii) three years' active service experience in a military law enforcement occupational
specialty, and completion of a two-year or more degree from a regionally accredited
postsecondary education institution; or
new text end

new text begin (iii) five years' cumulative experience as a full-time peace officer in another state
combined with active service experience in a military law enforcement occupational
specialty.
new text end

(b) A person who has relevant military experience and who has been honorably
discharged from deleted text beginthedeleted text end military new text beginactive service as evidenced by a form DD-214 new text endis eligible to
take the reciprocity examination.

Sec. 21.

Laws 2008, chapter 297, article 2, section 26, subdivision 3, is amended to
read:


Subd. 3.

Administrative provisions.

(a) The commissioner of veterans affairs, or
the commissioner's designee, must convene the initial meeting of the working group.
Upon request of the working group, the commissioner must provide meeting space and
administrative services for the group. The members of the working group must elect a
chair or co-chairs from the legislative members of the working group at the initial meeting.
Each subsequent meeting is at the call of the chair or co-chairs.

(b) Public members of the working group serve without special compensation or
special payment of expenses from the working group.

(c) The working group expires on June 30, deleted text begin2009deleted text endnew text begin 2010new text end, unless an extension is
authorized by law by that date.

Sec. 22. new text beginREPORTING REQUIRED.
new text end

new text begin (a) The commissioner of finance must collect the following data annually from each
cabinet-level state agency, with the exception of the Metropolitan Council, and must report
those data, by agency, by the second week of each legislative session, beginning in 2011,
to the chairs and leading minority members of each of the house of representatives and
senate committees having responsibility for veterans policy and finance issues:
new text end

new text begin (1) the total number of persons employed in full-time positions by the state agency;
new text end

new text begin (2) the total number of employees identified in clause (1) who are veterans;
new text end

new text begin (3) the total number of vacant full-time positions in the agency filled by hiring or
appointment during the designated fiscal year;
new text end

new text begin (4) the total number of applications received for the positions identified in clause (3);
new text end

new text begin (5) the total number of applications identified in clause (4) for which veterans
preference was elected by the applicant;
new text end

new text begin (6) the total number of applications identified in clause (5) for which the veteran
applicant was judged by the hiring authority as meeting minimum requirements for the
open positions of employment;
new text end

new text begin (7) the total number of veteran applicants identified in clause (6) who were
interviewed by the hiring authority for the open positions of employment in the agency;
new text end

new text begin (8) the total number of veteran applicants identified in clause (7) who were selected
for and offered employment within the open positions of employment in the agency;
new text end

new text begin (9) the total number of veteran applicants identified in clause (8) who were hired
into the open positions of employment in the agency;
new text end

new text begin (10) the total number of veteran applicants identified in clause (6) who were sent a
rejection letter, in accordance with Minnesota Statutes, section 43A.11, subdivision 9; and
new text end

new text begin (11) any other data or information deemed important by the commissioner of
administration and reflecting on the efforts of the subject agency to recruit and hire
veterans.
new text end

new text begin (b) The data must reflect one full fiscal year or one full calendar year, as determined
by the commissioner of finance.
new text end

new text begin (c) The term "veteran" has the meaning given in Minnesota Statutes, section 197.447.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 23. new text beginCONSTRUCTION PROJECT PRIORITY LISTING STATUS.
new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 24. new text beginVETERANS CEMETERY SITING.
new text end

new text begin The commissioner of veterans affairs shall work with veterans groups, local
government officials, and community groups, and in consultation with the commissioner
of natural resources, to identify suitable locations for a state veterans cemetery in
both northeastern and southwestern Minnesota. Redwood County shall be a priority
location for a state veterans cemetery in southwestern Minnesota. State land and land
donated for cemetery purposes shall be examined first before examining land acquisition
opportunities. The commissioner shall provide notice to local units of government to
request land donations for this purpose.
new text end

Sec. 25. new text beginINTERAGENCY STAFF.
new text end

new text begin For fiscal years 2010 and 2011, the Department of Veterans Affairs must not use
funds appropriated in this article directly or indirectly to pay for the services of staff in the
Office of the Governor.
new text end

ARTICLE 4

MILITARY AFFAIRS

Section 1. new text beginMILITARY APPROPRIATIONS.
new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund and are available for the fiscal years indicated for each purpose. The figures
"2010" and "2011" used in this article mean that the appropriations listed under them are
available for the fiscal year ending June 30, 2010, or June 30, 2011, respectively. "The
first year" is fiscal year 2010. "The second year" is fiscal year 2011. "The biennium" is
fiscal years 2010 and 2011.
new text end

new text begin APPROPRIATIONS
new text end
new text begin Available for the Year
new text end
new text begin Ending June 30
new text end
new text begin 2010
new text end
new text begin 2011
new text end

Sec. 2. new text beginMILITARY AFFAIRS
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 22,374,000
new text end
new text begin $
new text end
new text begin 19,374,000
new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end

new text begin Maintenance of Training Facilities
new text end

new text begin 6,660,000
new text end
new text begin 6,660,000
new text end

new text begin Subd. 3. new text end

new text begin General Support
new text end

new text begin 2,366,000
new text end
new text begin 2,366,000
new text end

new text begin To the extent practicable, the adjutant general
may provide transportation assistance to a
nonprofit organization to support morale of
deployed service personnel.
new text end

new text begin Subd. 4. new text end

new text begin Enlistment Incentives
new text end

new text begin 13,348,000
new text end
new text begin 10,348,000
new text end

new text begin $3,000,000 the first year is for additional
costs of enlistment incentives. This is a
onetime appropriation.
new text end

new text begin If appropriations for either year of the
biennium are insufficient, the appropriation
from the other year is available. The
appropriations for enlistment incentives are
available until expended.
new text end

Sec. 3.

new text begin [190.161] UNCOMPENSATED AND VOLUNTARY SERVICES;
EXPENSES.
new text end

new text begin To assist in the discharge of the functions of the department, the adjutant general
may accept uncompensated and voluntary services and enter into written agreements with
private or public agencies or persons for uncompensated and voluntary services as may
be practical. Persons rendering voluntary uncompensated services may be reimbursed
for travel expenses incurred in the performance of official duties at the same rate per
mile as state employees.
new text end

Sec. 4.

new text begin [192.525] POSTDEPLOYMENT HEALTH ASSESSMENTS.
new text end

new text begin The adjutant general must establish a program of postdeployment comprehensive
health and wellness assessments for members of the National Guard who have been called
into active military service and deployed outside the state. There must be at least one
health and wellness assessment conducted between approximately six months and not later
than one year after the end of a member's deployment. The adjutant general may call on
other state agencies, the United States Department of Veterans Affairs, county veteran
service officers, and other appropriate resources in administering this program.
new text end

Sec. 5.

Minnesota Statutes 2008, section 523.131, is amended to read:


523.131 QUALIFICATION OF SUCCESSOR ATTORNEY-IN-FACT IN
STATUTORY SHORT FORM POWER OF ATTORNEY.

If two or more attorneys-in-fact are originally appointed and one dies, resigns, or is
unable to serve, a successor attorney-in-fact named in a power of attorney executed in
conformity with section 523.23 new text beginor a form prepared under section 523.231 new text endreplaces the
attorney-in-fact who dies, resigns, or is unable to serve. If the original attorneys-in-fact
were required to act jointly, the attorneys-in-fact acting at any time must act jointly. If the
original attorneys-in-fact were allowed to act individually, the attorneys-in-fact acting at
any time may act individually. If attorneys-in-fact acting at any time are required to act
jointly, and there is only one remaining attorney-in-fact because of the death, resignation,
or inability to serve of all other original and successor attorneys-in-fact, the remaining
attorney-in-fact may act alone.

Sec. 6.

Minnesota Statutes 2008, section 523.16, is amended to read:


523.16 AFFIDAVIT AS PROOF OF AUTHORITY OF ATTORNEY-IN-FACT.

new text begin Subdivision 1. new text end

new text begin Multiple attorneys-in-fact. new text end

If the attorney-in-fact exercising a
power pursuant to a power of attorney has authority to act as a result of the death,
incompetency, or resignation of one or more attorneys-in-fact named in the power of
attorney, an affidavit executed by the attorney-in-fact setting forth the conditions precedent
to the attorney-in-fact's authority to act under the power of attorney and stating that those
conditions have occurred is conclusive proof as to any party relying on the affidavit of the
occurrence of those conditions.

new text begin Subd. 2. new text end

new text begin Attorney-in-fact for member of military. new text end

new text begin If an attorney-in-fact is
exercising a power pursuant to a power of attorney executed by a member of the military
in a form prepared under section 523.231, an affidavit executed by the attorney-in-fact
setting forth the conditions precedent to the authority to act and stating the existence
of those conditions is conclusive proof as to any party relying on the affidavit of the
existence of those conditions.
new text end

Sec. 7.

Minnesota Statutes 2008, section 523.20, is amended to read:


523.20 LIABILITY OF PARTIES REFUSING AUTHORITY OF
ATTORNEY-IN-FACT TO ACT ON PRINCIPAL'S BEHALF.

Any party refusing to accept the authority of an attorney-in-fact to exercise a
power granted by a power of attorney which (1) is executed in conformity with section
523.23new text begin or a form prepared under section 523.231new text end; (2) contains a specimen signature of
the attorney-in-fact authorized to act; (3) with regard to the execution or delivery of any
recordable instrument relating to real property, is accompanied by affidavits that satisfy
the provisions of section 523.17; (4) with regard to any other transaction, is signed by the
attorney-in-fact in a manner conforming to section 523.18; and (5) when applicable, is
accompanied by an affidavit and any other document required by section 523.16, is liable
to the principal and to the principal's heirs, assigns, and representative of the estate of the
principal in the same manner as the party would be liable had the party refused to accept
the authority of the principal to act on the principal's own behalf unless: (1) the party has
actual notice of the revocation of the power of attorney prior to the exercise of the power;
(2) the duration of the power of attorney specified in the power of attorney itself has
expired; or (3) the party has actual knowledge of the death of the principal or, if the power
of attorney is not a durable power of attorney, actual notice of a judicial determination that
the principal is legally incompetent. This provision does not negate any liability which a
party would have to the principal or to the attorney-in-fact under any other form of power
of attorney under the common law or otherwise.

Sec. 8.

Minnesota Statutes 2008, section 523.23, subdivision 2, is amended to read:


Subd. 2.

Failure to check or "X" a power.

Any of the powers of the form in
subdivision 1 new text beginor a form prepared under section 523.231 new text endwhich is not checked or X-ed is
withheld by the principal from the attorney-in-fact unless the power of (N) of the form
in subdivision 1 new text beginor a comparable provision in a form prepared under section 523.231 new text endis
checked or X-ed.

Sec. 9.

Minnesota Statutes 2008, section 523.23, subdivision 3, is amended to read:


Subd. 3.

Requirements.

new text beginExcept for a form prepared under section 523.231,
new text endto constitute a "statutory short form power of attorney," as this phrase is used in this
chapter the wording and content of the form in subdivision 1 must be duplicated exactly
and with no modifications, parts First, Second, and Third must be properly completed,
and the signature of the principal must be acknowledged. Failure to name a successor
attorney-in-fact, to provide an expiration date, or to complete part Fourth does not
invalidate the power as a statutory short form power of attorney. A power of attorney that
does not satisfy the requirements of this subdivisionnew text begin or a form prepared under section
523.231
new text end, but purports to be a statutory short form power of attorney, may constitute a
common law power of attorney that incorporates by reference the definitions of powers
contained in section 523.24; however, a party refusing to accept the authority of the
common law attorney-in-fact is not liable under section 523.20.

Sec. 10.

new text begin [523.231] ALTERNATIVE SHORT FORMS FOR GENERAL POWER
OF ATTORNEY FOR MILITARY MEMBERS IN ACTIVE SERVICE.
new text end

new text begin The commissioner of military affairs may prepare alternative short forms for a
general power of attorney for military members in active service, as defined in section
190.05. A form prepared by the commissioner is an alternative to the statutory short
form in section 523.23.
new text end

Sec. 11. new text beginINTERAGENCY STAFF.
new text end

new text begin For fiscal years 2010 and 2011, the adjutant general must not use funds appropriated
in this article directly or indirectly to pay for the services of staff in the Office of the
Governor.
new text end