Engrossments
Introduction		Posted on 02/28/2005
1st Engrossment		Posted on 03/10/2005
2nd Engrossment		Posted on 04/22/2005
3rd Engrossment		Posted on 05/02/2005
4th Engrossment		Posted on 05/03/2005
5th Engrossment		Posted on 05/06/2005

Section 1. new text begin AGRICULTURE AND RURAL DEVELOPMENT APPROPRIATIONS.
new text end

The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or another named fund, to
the agencies and for the purposes specified in this act, to be
available for the fiscal years indicated for each purpose. The
figures "2006" and "2007," where used in this act, mean that the
appropriation or appropriations listed under them are available
for the fiscal year ending June 30, 2006, or June 30, 2007,
respectively. The term "the first year" means the year ending
June 30, 2006, and the term "the second year" means the year
ending June 30, 2007.
SUMMARY BY FUND

2006 2007 TOTAL

General $ 44,303,000 $ 41,557,000 $ 85,860,000

Remediation 388,000 388,000 776,000

TOTAL $ 44,691,000 $ 41,945,000 $ 86,636,000

APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007

Sec. 2. DEPARTMENT OF AGRICULTURE

Subdivision 1.

Total
Appropriation 40,122,000 37,384,000

Summary by Fund

General 39,734,000 36,996,000

Remediation 388,000 388,000

The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.

Subd. 2.

Protection Services

10,490,000 10,495,000

Summary by Fund

General 10,102,000 10,107,000

Remediation 388,000 388,000

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

The balance in the waste pesticide
account in the agricultural fund is
canceled to the pesticide regulatory
account in the agricultural fund and
the waste pesticide account is
abolished.

$145,000 the first year and $150,000
the second year are for increased
monitoring of pesticides in groundwater
and surface waters throughout the
state. This appropriation must be used
primarily for sample collection and
laboratory analytical costs. This
appropriation is in addition to other
appropriations and funding for the
water monitoring program.

Subd. 3.

Agricultural Marketing
and Development 4,467,000 4,197,000

$71,000 the first year and $71,000 the
second year are for transfer to the
Minnesota grown matching account and
may be used as grants for Minnesota
grown promotion under Minnesota
Statutes, section 17.109. Grants may
be made for one year. Notwithstanding
Minnesota Statutes, section 16A.28, the
appropriations encumbered under
contract on or before June 30, 2007,
for Minnesota grown grants in this
subdivision are available until June
30, 2009.

$80,000 the first year and $80,000 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, 2007,
for sustainable agriculture grants in
this subdivision are available until
June 30, 2009.

The commissioner of agriculture, in
consultation with the commissioner of
transportation, shall conduct an
economic impact study of a rail
container load-out facility located in
the west-central area of Minnesota.
The study must include benefits of such
a facility to the region and to the
state transportation system. By
January 15, 2006, the commissioner
shall report to the governor and the
agriculture policy committees of the
senate and house on the findings of the
study.

$100,000 the first year and $100,000
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 a checklist
template that would clarify the
federal, state, and local government
requirements for consideration of an
animal agriculture modernization or
expansion project. In developing the
training and technical assistance
program, the commissioner may seek
assistance from the local planning
assistance center of the Department of
Administration and shall 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.

$220,000 the first year is to contract
with the University of Minnesota for
further research and development of
livestock odor and air quality
management. This is a onetime
appropriation.

$50,000 is for a grant 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.

Subd. 4.

Value-Added Agricultural Products

18,745,000 15,268,000

$18,745,000 the first year and
$15,268,000 the second year are for
ethanol producer payments under
Minnesota Statutes, section 41A.09.
Payments for eligible ethanol
production in fiscal years 2006 and
2007 shall be disbursed at the rate of
$0.13 per gallon. 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, the balance must be used to
reimburse ethanol producers for
deficiencies as provided in Minnesota
Statutes, section 41A.09, subdivision
3a, paragraphs (h) and (i). The
appropriation remains available until
spent.

Subd. 5.

Administration and Financial Assistance

6,420,000 7,424,000

$1,005,000 the first year and
$1,005,000 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 and to
administer a dairy investment tax
credit program. 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 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.

$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.

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

$1,000 the first year and $1,000 the
second year are for family farm
security interest payment adjustments.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it. No new
loans may be approved in fiscal year
2006 or 2007.

Aid payments to county and district
agricultural societies and associations
under Minnesota Statutes, section
38.02, subdivision 1, must be disbursed
not later than July 15 for annual fairs
held in the previous calendar year.

The commissioner is instructed to
increase expenditures from the accounts
in the agriculture fund by $190,000 the
first year and $310,000 the second
year. This increase is for a portion
of the increased rent cost.

$70,000 the first year and $75,000 the
second year are for annual grants to
the Northern Minnesota Forage-Turf Seed
Advisory Committee 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.

Sec. 3.

BOARD OF ANIMAL
HEALTH 2,959,000 2,961,000

Sec. 4.

AGRICULTURAL UTILIZATION
RESEARCH INSTITUTE 1,600,000 1,600,000

Sec. 5. MINNESOTA HORTICULTURE
SOCIETY 10,000 -0-

This is a onetime appropriation.

Sec. 6.

Minnesota Statutes 2004, section 13.643, is
amended by adding a subdivision to read:

new text begin Subd. 6. new text end

new text begin Animal identification data. new text end

new text begin (a) The following
data collected and maintained by the Board of Animal Health
related to registration and identification of premises and
animals under chapter 35, are classified as private or nonpublic:
new text end

new text begin (1) the names and addresses of the applicants;
new text end

new text begin (2) the location of the premises where animals are kept;
and
new text end

new text begin (3) the identification number of the premises or the animal.
new text end

new text begin (b) Nothing in this subdivision prohibits a state agency
from carrying out the statutory duties of the agency.
new text end

Sec. 7.

new text begin [16C.137] MINIMIZING ENERGY USE; RENEWABLE
FUELS.
new text end

new text begin Subdivision 1. new text end

new text begin Goals and actions. new text end

new text begin (a) Using 2005 as a
baseline, the state of Minnesota shall reduce the use of
gasoline by on-road vehicles owned by state departments by 25
percent by 2010 and by 50 percent by 2015, and the use of
petroleum-based diesel fuel in diesel-fueled vehicles by ten
percent by 2010 and 25 percent by 2015.
new text end

new text begin (b) To meet the goals established in paragraph (a), each
state department will, whenever legally, technically, and
economically feasible, subject to the specific needs of the
department and responsible management of agency finances:
new text end

new text begin (1) ensure that at least 75 percent of purchases of new
on-road vehicles:
new text end

new text begin (i) use "cleaner fuels" as that term is defined in section
16C.135, subdivision 1, clauses (1), (3), and (4); or
new text end

new text begin (ii) have fuel efficiency ratings that exceed 30 miles per
gallon for city usage or 35 miles per gallon for highway usage,
including but not limited to hybrid electric cars and
hydrogen-powered vehicles;
new text end

new text begin (2) increase its use of renewable transportation fuels,
including ethanol, biodiesel, and hydrogen from agricultural
products; and
new text end

new text begin (3) increase its use of Web-based Internet applications and
other electronic information technologies to enhance the access
to and delivery of government information and services to the
public, and reduce the reliance on the department's fleet for
the delivery of such information and services.
new text end

new text begin Subd. 2. new text end

new text begin Smartfleet committee. new text end

new text begin (a) The commissioner of
administration, or the commissioner's designee, shall chair a
SmartFleet Committee consisting of representatives designated by
the commissioners of the Pollution Control Agency, the
Departments of Agriculture and Commerce, and other state
departments that wish to participate. To ensure effective and
efficient state participation, the SmartFleet Committee must
assist state departments in implementing the requirements of
this section, including providing information, guidance, sample
policies and procedures, and technical and planning assistance.
new text end

new text begin (b) The SmartFleet Committee must evaluate the goals and
directives established in this section by December 2006 and
periodically thereafter. The committee must make
recommendations to the governor and appropriate committees of
the legislature on February 1 of each year for new or adjusted
goals and directives, in light of the progress the state has
made implementing this section, and of the availability of new
or improved technologies.
new text end

new text begin (c) For the systematic and efficient monitoring of progress
in implementing this section by the SmartFleet Committee, the
Department of Administration shall implement a fleet reporting
and information management system. Each department will use
this management system to demonstrate its progress in complying
with this section.
new text end

new text begin Subd. 3.new text end

new text begin Exclusion.new text end

new text begin Petroleum-based diesel fuel used in
a vehicle which a department has retrofit to use ultra low
sulfur diesel fuel and to add additional emissions control
technologies is excluded when evaluating progress toward the
reduction goals established in subdivision 1. This exclusion
applies only to vehicles purchased before the model year in
which the federal Environmental Protection Agency's new clean
diesel emission reduction rules take effect.
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. 8.

Minnesota Statutes 2004, section 17.03,
subdivision 13, is amended to read:

Subd. 13.

Semiannual reports.

(a) deleted text begin By October 15 and
April 15 of each year,deleted text end The commissioner shall submit to the
legislative committees having jurisdiction over appropriations
from the agricultural fund in section 16A.531deleted text begin a report deleted text end new text begin reports
new text end on the amount of revenue raised in each fee account within the
fund, the expenditures from each account, and the purposes for
which the expenditures were made. new text begin The reports must be issued in
February and November each year, to coincide with the forecasts
of revenue and expenditures prepared under section 16A.103.
new text end

(b) The report delivered deleted text begin on October 15 deleted text end new text begin in February new text end of each
year must include the commissioner's recommendations, if any,
for changes in statutes relating to the fee accounts of the
agricultural fund.

Sec. 9.

Minnesota Statutes 2004, section 17.117, is
amended by adding a subdivision to read:

new text begin Subd. 5b. new text end

new text begin Application fee. new text end

new text begin The commissioner may impose a
nonrefundable application fee of $50 for each loan issued under
the program. The fees must be credited to the agricultural best
management practices administration account, which is hereby
established in the agricultural fund. Interest earned in the
account accrues to the account. Money in the account and
interest earned in the accounts established in the agricultural
fund under subdivision 5a are appropriated to the commissioner
for administrative expenses of the program.
new text end

Sec. 10.

Minnesota Statutes 2004, section 17.117,
subdivision 11, is amended to read:

Subd. 11.

Loans issued to borrower.

(a) Local lenders
may issue loans only for projects that are approved and
certified by the local government unit as meeting priority needs
identified in a comprehensive water management plan or other
local planning documents, are in compliance with accepted
practices, standards, specifications, or criteria, and are
eligible for financing under Environmental Protection Agency or
other applicable guidelines.

(b) The local lender may use any additional criteria
considered necessary to determine the eligibility of borrowers
for loans.

(c) Local lenders shall set the terms and conditions of
loans to borrowers, except that:

(1) no loan to a borrower may exceed deleted text begin $50,000 deleted text end new text begin $100,000new text end ;

(2) no loan for a project may exceed deleted text begin $50,000 deleted text end new text begin $100,000new text end ; and

(3) no borrower shall, at any time, have multiple loans
from this program with a total outstanding loan balance of more
than deleted text begin $50,000 deleted text end new text begin $100,000new text end .

(d) The maximum term length for deleted text begin conservation tillage and
individual sewage treatment system projects is five years. The
maximum term length for other deleted text end projects deleted text begin in this paragraph deleted text end is ten
years.

(e) Fees charged at the time of closing must:

(1) be in compliance with normal and customary practices of
the local lender;

(2) be in accordance with published fee schedules issued by
the local lender;

(3) not be based on participation program; and

(4) be consistent with fees charged other similar types of
loans offered by the local lender.

(f) The interest rate assessed to an outstanding loan
balance by the local lender must not exceed three percent per
year.

Sec. 11.

Minnesota Statutes 2004, section 17.452, is
amended by adding a subdivision to read:

new text begin Subd. 5a. new text end

new text begin Other applicable definitions. new text end

new text begin The definitions
in section 35.153 apply to this section.
new text end

Sec. 12.

Minnesota Statutes 2004, section 17.982,
subdivision 1, is amended to read:

Subdivision 1.

Criminal penalties.

A person who violates
new text begin a provision of new text end chapter new text begin 28A,new text end 29, 31, 31A, 31B, or 34 for which a
penalty has not been prescribed is guilty of a misdemeanor.

Sec. 13.

Minnesota Statutes 2004, section 17.983,
subdivision 1, is amended to read:

Subdivision 1.

Administrative penalties; citation.

If a
person has violated chapter new text begin 28A,new text end 29, 31, 31A, 31B, 32, or 34,
the commissioner may issue a written citation to the person by
personal service or by certified mail. The citation deleted text begin shall deleted text end new text begin must
new text end describe the nature of the violation and the statute or rule
alleged to have been violateddeleted text begin ; state the time for correction;
deleted text end and the amount of any proposed fine. The citation must advise
the person to notify the commissioner in writing within 30 days
if the person wishes to appeal the citation. If the person
fails to appeal the citation, the citation is the final order
and not subject to further review.

Sec. 14.

Minnesota Statutes 2004, section 17.983,
subdivision 3, is amended to read:

Subd. 3.

Contested case.

If a person appeals a citation
or a penalty assessment within the time limits in
deleted text begin subdivisions deleted text end new text begin subdivision new text end 1 deleted text begin and 2deleted text end , the commissionerdeleted text begin , within 40
days after receiving the appeal,deleted text end shall initiate a contested
proceeding under chapter 14. The report of the administrative
law judge is the final decision of the commissioner of
agriculture.

Sec. 15.

Minnesota Statutes 2004, section 17B.03,
subdivision 1, is amended to read:

Subdivision 1.

Commissioner's powers.

The commissioner
of agriculture shall exercise general supervision over the
inspection, grading, weighing, sampling, and analysis of grain
subject to the provisions of the United States Grain Standards
Act of 1976 and the rules promulgated thereunder by the United
States Department of Agriculture. This activity may take place
within or outside the state of Minnesota. new text begin Scale testing must be
performed at export locations or, upon request from and with the
consent of the delegated authority, at domestic locations. Fees
for the testing of scales and weighing equipment shall be fixed
by the commissioner and must be uniform with those charged by
the Division of Weights and Measures of the Department of
Commerce.
new text end

Sec. 16.

Minnesota Statutes 2004, section 18B.08,
subdivision 4, is amended to read:

Subd. 4.

Application fee.

A person deleted text begin initially deleted text end applying
for a chemigation permit must pay a nonrefundable application
fee of deleted text begin $50 deleted text end new text begin $250new text end . A person who holds a fertilizer chemigation
permit under section 18C.205, is exempt from the fee in this
subdivision.

Sec. 17.

Minnesota Statutes 2004, section 18B.26,
subdivision 3, is amended to read:

Subd. 3.

Application fee.

(a) A registrant shall pay an
annual application fee for each pesticide to be registered, and
this fee is set at deleted text begin one-tenth of one percent for calendar year
1990, at one-fifth of one percent for calendar year 1991, and at
two-fifths of one deleted text end new text begin 0.4 new text end percent deleted text begin for calendar year 1992 and
thereafter deleted text end of annual gross sales within the state and annual
gross sales of pesticides used in the state, with a minimum
nonrefundable fee of $250. The 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 paragraph (c), and fees shall be paid
by the registrant based upon those reported sales. Sales of
pesticides in the state for use outside of the state are exempt
from the application 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 pesticide
by the registrant for the preceding calendar year. The 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. The commissioner shall
spend at least $300,000 per fiscal year from the pesticide
regulatory account for the purposes of the waste pesticide
collection program.

(b) An additional fee of $100 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.

(c) A registrant must annually report to the commissioner
the amount and type of each registered pesticide 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 and
require additional information deemed necessary to determine the
amount and type of pesticides annually distributed in the
state. The information required shall include the brand name,
amount, and formulation of each pesticide 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 (d) A registrant who is required to pay more than the
minimum fee for any pesticide under paragraph (a) 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 end

Sec. 18.

Minnesota Statutes 2004, section 18B.31,
subdivision 5, is amended to read:

Subd. 5.

Application fee.

(a) An application for a
pesticide dealer license must be accompanied by a nonrefundable
application fee of deleted text begin $50 deleted text end new text begin $150new text end .

(b) If an application for renewal of a pesticide dealer
license is not filed before January 1 of the year for which the
license is to be issued, an additional fee of $20 must be paid
by the applicant before the license is issued.

Sec. 19.

Minnesota Statutes 2004, section 18B.315,
subdivision 6, is amended to read:

Subd. 6.

Fees.

(a) An applicant for an aquatic pest
control license for a business must pay a nonrefundable
application fee of deleted text begin $100 deleted text end new text begin $200new text end . An employee of a licensed
business must pay a nonrefundable application fee of $50 for an
individual aquatic pest control license.

(b) An application received after expiration of the aquatic
pest control license is subject to a penalty of 50 percent of
the application fee.

(c) An applicant that meets renewal requirements by
reexamination instead of attending workshops must pay the
equivalent workshop fee for the reexamination as determined by
the commissioner.

Sec. 20.

Minnesota Statutes 2004, section 18B.32,
subdivision 6, is amended to read:

Subd. 6.

Fees.

(a) An applicant for a structural pest
control license for a business must pay a nonrefundable
application fee of deleted text begin $100 deleted text end new text begin $200new text end . An employee of a licensed
business must pay a nonrefundable application fee of $50 for an
individual structural pest control license.

(b) An application received after expiration of the
structural pest control license is subject to a penalty fee of
50 percent of the application fee.

(c) An applicant that meets renewal requirements by
reexamination instead of attending workshops must pay the
equivalent workshop fee for the reexamination as determined by
the commissioner.

Sec. 21.

Minnesota Statutes 2004, section 18B.33,
subdivision 7, is amended to read:

Subd. 7.

Application fees.

(a) A person initially
applying for or renewing a commercial applicator license must
pay a nonrefundable application fee of $50.

(b) deleted text begin If deleted text end A new text begin license new text end renewal application deleted text begin is not filed
before deleted text end new text begin received after new text end March 1 deleted text begin of deleted text end new text begin in new text end the year for which the
license is to be issueddeleted text begin , an additional deleted text end new text begin is subject to a new text end penalty
fee of deleted text begin $10 must be paid before the commercial applicator deleted text end new text begin 50
percent of the application fee. The penalty fee must be paid
before the renewal new text end license may be issued.

(c) An application for a duplicate commercial applicator
license must be accompanied by a nonrefundable application fee
of $10.

Sec. 22.

Minnesota Statutes 2004, section 18B.34,
subdivision 5, is amended to read:

Subd. 5.

Fees.

(a) A person initially applying for or
renewing a noncommercial applicator license must pay a
nonrefundable application fee of $50, except an applicant who is
a government new text begin or a Minnesota Conservation Corps new text end employee who uses
pesticides in the course of performing official duties must pay
a nonrefundable application fee of $10.

(b) deleted text begin If an deleted text end new text begin A license renewal new text end application deleted text begin for renewal of a
noncommercial license is not filed before deleted text end new text begin received after new text end March 1
in the year for which the license is to be issueddeleted text begin , an additional
deleted text end new text begin is subject to a new text end penalty fee of deleted text begin $10 must be paid before the deleted text end new text begin 50
percent of the application fee. The penalty fee must be paid
before the new text end renewal license may be issued.

(c) An application for a duplicate noncommercial applicator
license must be accompanied by a nonrefundable application fee
of $10.

Sec. 23.

Minnesota Statutes 2004, section 18C.141,
subdivision 1, is amended to read:

Subdivision 1.

Program establishment.

The commissioner
shall establish deleted text begin a program deleted text end new text begin voluntary programs new text end to certify the
accuracy of analyses from soil and manure testing laboratories
and promote standardization of soil and manure testing
procedures and analytical results.

Sec. 24.

Minnesota Statutes 2004, section 18C.141,
subdivision 3, is amended to read:

Subd. 3.

Analyses reporting standards.

(a) The results
obtained from soil, manure, or plant analysis must be reported
in accordance with standard reporting units established by the
commissioner by rule. The standard reporting units must conform
as far as practical to uniform standards that are adopted on a
regional or national basis.

(b) If a certified laboratory offers a recommendation new text begin for
use in Minnesotanew text end , the University of Minnesota recommendation or
that of another land grant college in a contiguous state must be
offered in addition to other recommendations, and the source of
the recommendation must be identified on the recommendation
form. If relative levels such as low, medium, or high are
presented to classify the analytical results, the corresponding
relative levels based on the analysis as designated by the
University of Minnesota or the land grant college in a
contiguous state must also be presented.

Sec. 25.

Minnesota Statutes 2004, section 18C.141,
subdivision 5, is amended to read:

Subd. 5.

deleted text begin certification deleted text end fees.

(a) new text begin The commissioner may
charge the actual costs for check sample preparation and
shipping.
new text end

new text begin (b) new text end A laboratory applying for certification deleted text begin shall pay an
application fee of $100 and a certification fee of $100 before
the certification is issued deleted text end new text begin may be charged a nonrefundable
certification fee to cover the actual costs for administration
of the programnew text end .

deleted text begin (b) deleted text end new text begin (c) new text end Certification is deleted text begin valid for one year and the renewal
fee is $100. The commissioner shall charge an additional
application fee of $100 if a certified laboratory allows
certification to lapse before applying for renewed certification
deleted text end new text begin renewable on an annual basisnew text end .

deleted text begin (c) deleted text end The commissioner shall notify a certified lab that its
certification lapses within 30 to 60 days of the date when the
certification lapses.

new text begin (d) The commissioner may accept donations to support the
development and operation of soil and manure programs.
new text end

new text begin (e) Revenues under this section are deposited in the
fertilizer account of the agricultural fund.
new text end

Sec. 26.

Minnesota Statutes 2004, section 18C.425,
subdivision 6, is amended to read:

Subd. 6.

Inspection fees.

The 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 deleted text begin 15 deleted text end new text begin 30 new text end cents per ton 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.

Sec. 27.

Minnesota Statutes 2004, 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) by the board to reimburse the commissioner for board
staff and other administrative costs up to deleted text begin $175,000 deleted text end new text begin $225,000 new 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. 28.

Minnesota Statutes 2004, section 18G.03,
subdivision 1, is amended to read:

Subdivision 1.

Entry and inspection.

(a) The
commissioner may enter and inspect a public or private place
that might harbor plant pests and may require that the owner
destroy or treat plant pests, plants, or other material.

(b) If the owner fails to properly comply with a directive
of the commissioner, the commissioner may have any necessary
work done at the owner's expense. The commissioner shall notify
the owner of the deadline for paying those expenses. If the
owner does not reimburse the commissioner for an expense within
a time specified by the commissioner, the expense is a charge
upon the county as provided in subdivision 4.

(c) If a deleted text begin dangerous deleted text end new text begin harmful new text end plant pest infestation or
infection threatens plants of an area in the state, the
commissioner may take any measures necessary to eliminate or
alleviate the deleted text begin danger deleted text end new text begin potential significant damage or harmnew text end .

(d) The commissioner may collect fees required by this
chapter.

(e) The commissioner may issue and enforce deleted text begin a deleted text end written or
printed "stop-sale" deleted text begin order deleted text end new text begin orders, compliance agreements, and
other directives and requests new text end to the owner or custodian of any
plants or articles infested or infected with deleted text begin dangerously
injurious deleted text end new text begin a harmful new text end plant deleted text begin pests deleted text end new text begin pestnew text end .

Sec. 29.

Minnesota Statutes 2004, section 18G.10,
subdivision 5, is amended to read:

Subd. 5.

Certificate fees.

(a) The commissioner shall
assess the fees in paragraphs (b) to (f) for the inspection,
service, and work performed in carrying out the issuance of a
phytosanitary certificate or export certificate. The inspection
fee must be based on mileage and inspection time.

(b) Mileage charge: current United States Internal Revenue
Service mileage rate.

(c) Inspection time: $50 per hour minimum or fee necessary
to cover department costs. Inspection time includes the driving
time to and from the location in addition to the time spent
conducting the inspection.

(d) deleted text begin A fee must be charged for any certificate issued that
requires laboratory analysis before issuance. The fee must be
deposited into the laboratory account as authorized in section
17.85.deleted text end new text begin If laboratory analysis or other technical analysis is
required to issue a certificate, the commissioner must set and
collect the fee to recover this additional cost.
new text end

(e) Certificate fee for product value greater than $250:
$75 for each phytosanitary or export certificate issued for any
single shipment valued at more than $250 in addition to any
mileage or inspection time charges that are assessed.

(f) Certificate fee for product value less than $250: $25
for each phytosanitary or export certificate issued for any
single shipment valued at less than $250 in addition to any
mileage or inspection time charges that are assessed.

new text begin (g) For services provided for in subdivision 7 that are
goods and services provided for the direct and primary use of a
private individual, business, or other entity, the commissioner
must set and collect the fees to cover the cost of the services
provided.
new text end

Sec. 30.

Minnesota Statutes 2004, section 18G.10,
subdivision 7, is amended to read:

Subd. 7.

deleted text begin plant protection inspections,deleted text end new text begin supplemental,
additional, or other new text end certificatesdeleted text begin ,deleted text end new text begin and new text end permitsdeleted text begin , and feesdeleted text end .

(a)
The commissioner may provide inspection, sampling, or
certification services to ensure that Minnesota plant products
or commodities meet import requirements of other states or
countries.

(b) The state plant regulatory official may issue permits
and certificates verifying that various Minnesota agricultural
products or commodities meet specified deleted text begin phytosanitary deleted text end new text begin plant
health new text end requirements, treatment requirements, or pest absence
assurances based on determinations by the commissioner. deleted text begin The
commissioner may collect fees sufficient to recover costs for
these permits or certificates. The fees must be deposited in
the nursery and phytosanitary account.
deleted text end

Sec. 31.

Minnesota Statutes 2004, section 18H.02, is
amended by adding a subdivision to read:

new text begin Subd. 12a. new text end

new text begin Individual. new text end

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

Sec. 32.

Minnesota Statutes 2004, section 18H.02,
subdivision 21, is amended to read:

Subd. 21.

Nursery stock broker.

"Nursery stock broker"
means a nursery stock dealer engaged in the business of selling
or reselling new text begin certified new text end nursery stock as a business transaction
without taking ownership or handling the nursery stock.

Sec. 33.

Minnesota Statutes 2004, section 18H.02,
subdivision 22, is amended to read:

Subd. 22.

Nursery stock dealer.

"Nursery stock dealer"
means a person involved in the acquisition and further
distribution of new text begin certified new text end nursery stock; the utilization of
new text begin certified new text end nursery stock for landscaping or purchase of new text begin certified
new text end nursery stock for other persons; or the distribution
of new text begin certified new text end nursery stock with a mechanical digger, commonly
known as a tree spade, or by any other means. A person who
purchases more than half of the new text begin certified new text end nursery stock offered
for sale at a sales location during the current certificate year
is considered a nursery stock dealer rather than a nursery stock
grower for the purposes of determining a proper fee schedule.
Nursery stock brokers, landscapers, and tree spade operators are
considered nursery stock dealers for purposes of determining
proper certification.

Sec. 34.

Minnesota Statutes 2004, section 18H.02,
subdivision 23, is amended to read:

Subd. 23.

Nursery stock grower.

"Nursery stock grower"
includes, but is not limited to, a person who raises, grows, or
propagates nursery stock, outdoors or indoors. A person who
grows more than half of the new text begin certified new text end nursery stock offered for
sale at a sales location during the current certificate year is
considered a nursery stock grower for the purpose of determining
a proper fee schedule.

Sec. 35.

Minnesota Statutes 2004, section 18H.02,
subdivision 32, is amended to read:

Subd. 32.

Sales location.

"Sales location" means a fixed
location from which new text begin certified new text end nursery stock is displayed or
distributed.

Sec. 36.

Minnesota Statutes 2004, section 18H.02,
subdivision 34, is amended to read:

Subd. 34.

Tree spade operator.

"Tree spade operator"
means a deleted text begin nursery stock dealer deleted text end new text begin person new text end who uses a tree spade to dig
deleted text begin nursery stock and sells deleted text end new text begin , sellnew text end , deleted text begin offers deleted text end new text begin offer new text end for sale,
deleted text begin distributes deleted text end new text begin distributenew text end , deleted text begin and transports deleted text end new text begin or transport new text end certified
nursery stock.

Sec. 37.

Minnesota Statutes 2004, section 18H.05, is
amended to read:

18H.05 NURSERY CERTIFICATE REQUIREMENTS.

(a) No person may offer for sale or distribute new text begin certified
new text end nursery stock as a nursery stock grower or dealer without first
obtaining the appropriate nursery stock certificate from the
commissioner. new text begin The commissioner may not issue a certificate to a
person who does not sell certified nursery stock.new text end Certificates
are issued solely for these purposes and may not be used for
other purposes.

(b) A certificate issued by the commissioner expires on
December 31 of the year it is issued.

(c) A person required to be certified by this section must
apply for a certificate or for renewal on a form furnished by
the commissioner which must contain:

(1) the name and address of the applicant, the number of
locations to be operated by the applicant and their addresses,
and the assumed business name of the applicant;

(2) if other than an individual, a statement whether a
person is a partnership, corporation, or other organization; deleted text begin and
deleted text end

(3) the type of business to be operated and, if the
applicant is an agent, the principals the applicant representsnew text begin ;
and
new text end

new text begin (4) source or sources of purchased nursery stocknew text end .

(d) No person may:

(1) falsely claim to be a certified dealer, grower, broker,
or agent; deleted text begin or
deleted text end

(2) make willful false statements when applying for a
certificatenew text begin ; or
new text end

new text begin (3) sell or distribute certified nursery stock to an
uncertified nursery stock dealer or nursery stock growernew text end .

(e) Each application for a certificate must be accompanied
by the appropriate certificate fee under section 18H.07.

(f) Certificates issued by the commissioner must be
prominently displayed to the public in the place of business
where new text begin certified new text end nursery stock is sold or distributed.

(g) The commissioner may refuse to issue a certificate for
cause.

(h) Each grower or dealer is entitled to one sales location
under the certificate of the grower or dealer. Each additional
sales location maintained by the person requires the payment of
the full certificate fee for each additional sales outlet.

(i) A grower who is also a dealer is certified only as a
grower for that specific site.

(j) A certificate is personal to the applicant and may not
be transferred. A new certificate is necessary if the business
entity is changed or if the membership of a partnership is
changed, whether or not the business name is changed.

(k) The certificate issued to a dealer or grower applies to
the particular premises named in the certificate. However, if
prior approval is obtained from the commissioner, the place of
business may be moved to the other premises or location without
an additional certificate fee.

(l) A collector of nursery stock from the wild is required
to obtain a dealer's certificate from the commissioner and is
subject to all the requirements that apply to the inspection of
nursery stock. All collected nursery stock must be labeled as
"collected from the wild."

Sec. 38.

Minnesota Statutes 2004, section 18H.06, is
amended to read:

18H.06 EXEMPT NURSERY SALES.

Subdivision 1.

Not-for-profit sales.

An organization or
individual may offer for sale certified nursery stock and be
exempt from the requirement to obtain a nursery stock dealer
certificate if sales are conducted by a nonprofit charitable,
educational, or religious organization that:

(1) conducts sales or distributions of certified nursery
stock on deleted text begin 14 deleted text end new text begin ten new text end or fewer days in a calendar year; and

(2) uses the proceeds from its certified nursery stock
sales or distribution for charitable, educational, or religious
purposes.

Subd. 2.

deleted text begin nursery hobbyist deleted text end occasional sales.

(a) An
deleted text begin organization or deleted text end individual may offer nursery stock for sale and
be exempt from the requirement to obtain a nursery stock dealer
certificate if:

(1) the gross sales of all nursery stock in a calendar year
do not exceed $2,000;

(2) all nursery stock sold or distributed by the deleted text begin hobbyist
deleted text end new text begin individual new text end is intended for planting in Minnesota; deleted text begin and
deleted text end

(3) all nursery stock purchased or procured for resale or
distribution was grown in Minnesota and has been certified by
the commissionernew text begin ; and
new text end

new text begin (4) conducts sales or distributions of nursery stock on ten
or fewer days in a calendar yearnew text end .

(b) The commissioner may prescribe the conditions of the
exempt nursery sales under this subdivision and may conduct
routine inspections of the nursery stock offered for sale.

Sec. 39.

Minnesota Statutes 2004, section 18H.07,
subdivision 1, is amended to read:

Subdivision 1.

Establishment of fees.

The commissioner
shall establish fees sufficient to allow for the administration
and enforcement of this chapter and rules adopted under this
chapter, including the portion of general support costs and
statewide indirect costs of the agency attributable to that
function, with a reserve sufficient for up to six months. The
commissioner shall review the fee schedule annually in
consultation with the Minnesota Nursery and Landscape Advisory
Committee. For the certificate year beginning January 1, deleted text begin 2004
deleted text end new text begin 2006new text end , the fees are as described in this section.

Sec. 40.

Minnesota Statutes 2004, 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 monthnew text begin , or
portion thereof,new text end that the fee is delinquent new text begin up to a maximum of
30 percent new text end for any application for renewal not received by
January 1 of the year following expiration of a certificate.

Sec. 41.

Minnesota Statutes 2004, 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 new text begin certified new text end nursery stock per location during the
deleted text begin preceding deleted text end new text begin most recent new text end 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 deleted text begin $20,000 deleted text end new text begin $5,000new text end , $150;

(2) gross sales over deleted text begin $20,000 deleted text end new text begin $5,000 new text end up to deleted text begin $100,000 deleted text end new text begin $20,000new text end ,
$175;

(3) gross sales over deleted text begin $100,000 deleted text end new text begin $20,000 new text end up to
deleted text begin $250,000 deleted text end new text begin $50,000new text end , $300;

(4) gross sales over deleted text begin $250,000 deleted text end new text begin $50,000 new text end up to
deleted text begin $500,000 deleted text end new text begin $75,000new text end , $425;

(5) gross sales over deleted text begin $500,000 deleted text end new text begin $75,000 new text end up to
deleted text begin $1,000,000 deleted text end new text begin $100,000new text end , $550;

(6) gross sales over deleted text begin $1,000,000 deleted text end new text begin $100,000 new text end up to
deleted text begin $2,000,000 deleted text end new text begin $200,000new text end , $675; and

(7) gross sales over deleted text begin $2,000,000 deleted text end new text begin $200,000new text end , $800.

(b) In addition to the fees in paragraph (a), a penalty of
ten percent of the fee due must be charged for each monthnew text begin , or
portion thereof,new text end that the fee is delinquent new text begin up to a maximum of
30 percent new text end for any application for renewal not received by
January 1 of the year following expiration of a certificate.

Sec. 42.

Minnesota Statutes 2004, section 18H.09, is
amended to read:

18H.09 NURSERY deleted text begin INSPECTIONS REQUIRED deleted text end new text begin STOCK CERTIFICATION
REQUIREMENTSnew text end .

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

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

new text begin (2) the nursery stock will not be moved out of Minnesota;
and
new text end

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

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.

Sec. 43.

Minnesota Statutes 2004, section 18H.13,
subdivision 1, is amended to read:

Subdivision 1.

deleted text begin labeling deleted text end new text begin identification of
originnew text end .

deleted text begin Plants, plant materials, or nursery stock distributed
into Minnesota must be conspicuously labeled on the exterior
with the name of the consignor, the state of origin, and the
name of the consignee and must be accompanied by certification
documents to satisfy all applicable state and federal
quarantines.deleted text end Proof of valid nursery certification new text begin and origin of
all nursery stock new text end must deleted text begin also deleted text end accompany the shipment. It is the
shared responsibility of both the consignee and consignor to
examine all shipments for the presence of current and applicable
nursery stock certifications for all plant material from all
sources of stock in each shipment.

Sec. 44.

Minnesota Statutes 2004, section 18H.15, is
amended to read:

18H.15 VIOLATIONS.

(a) A person who offers to distribute nursery stock that is
uncertified, uninspected, or falsely labeled or advertised
possesses an illegal regulated commodity that is considered
infested or infected with harmful plant pests and subject to
regulatory action and control. If the commissioner determines
that the provisions of this section have been violated, the
commissioner may order the destruction of all of the plants
unless the person:

(1) provides proper phytosanitary preclearance,
phytosanitary certification, or nursery stock certification;

(2) agrees to have the plants, plant materials, or nursery
stock returned to the consignor; and

(3) provides proper documentation, certification, or
compliance to support advertising claims.

(b) The plant owner is liable for all costs associated with
a withdrawal-from-distribution order or the quarantine,
treatment, or destruction of plants. The commissioner is not
liable for actual or incidental costs incurred by a person due
to the commissioner's actions. The commissioner must be
reimbursed by the owner of the plants for the actual expenses
incurred in carrying out a withdrawal-from-distribution order or
the quarantine, treatment, or destruction of any plants.

(c) It is unlawful for a person to:

(1) misrepresent, falsify, or knowingly distribute, sell,
advertise, or display damaged, mislabeled, misrepresented,
infested, or infected nursery stock;

(2) fail to obtain a nursery certificate as required by the
commissioner;

(3) fail to renew a nursery certificate, but continue
business operations;

(4) fail to display a nursery certificate;

(5) misrepresent or falsify a nursery certificate;

(6) refuse to submit to a nursery inspection;

(7) fail to provide the cooperation necessary to conduct a
successful nursery inspection;

(8) offer for sale uncertified plants, plant materials, or
nursery stock;

(9) possess an illegal regulated commodity;

(10) violate or disobey a commissioner's order;

(11) violate a quarantine issued by the commissioner;

(12) fail to obtain phytosanitary certification for plant
material or nursery stock brought into Minnesota;

(13) deface, mutilate, or destroy a nursery stock
certificate, phytosanitary certificate, or phytosanitary
preclearance certificate, or other commissioner mark, permit, or
certificate;

(14) fail to notify the commissioner of an uncertified
shipment of plants, plant materials, or nursery stock; deleted text begin or
deleted text end

(15) transport uncertified plants, plant materials, or
nursery stock in Minnesotanew text begin ; or
new text end

new text begin (16) sell nursery stock to an uncertified nursery stock
dealernew text end .

Sec. 45.

Minnesota Statutes 2004, section 18H.18,
subdivision 1, is amended to read:

Subdivision 1.

Restrictions on collecting.

No person
shall distribute deleted text begin the state flower (Cypripedium reginae), or deleted text end any
species of deleted text begin lady slipper (Cypripedieae) deleted text end new text begin orchids
(Orchidaceae)new text end , deleted text begin any member of the orchid family,deleted text end any gentian
(Gentiana), arbutus (Epigaea repens), lilies (Lilium new text begin species new text end ),
coneflowers (Echinacea new text begin species new text end ), bloodroot (Sanguinaria
canadensis), mayapple (Podophyllum peltatutum), any species of
trillium new text begin (Trillium species)new text end , or lotus (Nelumbo lutea), which
have been collected in any manner from any public or private
property without the written permission of the property owner
and written authorization from the commissioner.

Sec. 46.

Minnesota Statutes 2004, section 19.64,
subdivision 1, is amended to read:

Subdivision 1.

Registration.

Every person who owns,
leases, or possesses colonies of bees deleted text begin or who intends to bring
bees into the state under an entry permit deleted text end shall register the
bees with the commissioner on or before deleted text begin April 15 deleted text end new text begin June 1 new text end of each
year new text begin or within 15 days of entry into Minnesota or taking
possession of hives, whichever comes firstnew text end . The registration
application shall include the name and address of the applicant,
a description of the exact location of each of the applicant's
apiaries by county, township, range and quarter section, and
other information required by the commissioner. The fee for
registration under this subdivision is deleted text begin $10 deleted text end new text begin $25 for beekeepers
with fewer than 50 colonies and $50 for beekeepers with 50 or
more colonies maintained in the statenew text end . deleted text begin The commissioner shall
provide registered beekeepers with the Minnesota pest report.
deleted text end new text begin The registration required by this section is not transferable.
At least one colony in each location must be plainly and legibly
marked with the owner's name and telephone number and address,
and other information required by the commissioner. The
department shall provide information on colony locations as
reported on the registrations on an Internet Web site or through
other appropriate measures.
new text end

Sec. 47.

Minnesota Statutes 2004, section 25.341,
subdivision 2, is amended to read:

Subd. 2.

Application; fee; term.

A person who is
required to have a commercial feed license shall submit an
application on a form provided or approved by the commissioner
accompanied by a deleted text begin license deleted text end fee of $25 paid to the commissioner for
each deleted text begin facility deleted text end new text begin locationnew text end . new text begin A license is not transferable from one
person to another, from one ownership to another, or from one
location to another.new text end The license year is the calendar year. A
license expires on December 31 of the year for which it is
issued, except that a license is valid through January 31 of the
next year or until the issuance of the renewal license,
whichever comes first, if the licensee has filed a renewal
application with the commissioner on or before December 31 of
the year for which the current license was issued. deleted text begin A new
applicant who deleted text end new text begin Any person who is required to have, but new text end fails to
obtain a license deleted text begin within 15 working days of notification of the
requirement to obtain a license,deleted text end or a licensee who fails to
comply with license renewal requirements, shall pay a $50 late
fee in addition to the license fee. deleted text begin The commissioner may issue
a withdrawal from distribution order on any commercial feed that
an unlicensed person produces or distributes in the state until
a license is issued.
deleted text end

Sec. 48.

new text begin [25.342] CERTIFICATES, FREE SALE.
new text end

new text begin A nonrefundable application fee of $25 must accompany all
free sale certificate requests to facilitate the movement of
Minnesota processed and manufactured feeds destined for export
from the state. Each label submitted for review must be
accompanied by a nonrefundable $50 application fee.
new text end

Sec. 49.

Minnesota Statutes 2004, section 25.39,
subdivision 1, is amended to read:

Subdivision 1.

Amount of fee.

(a) An inspection fee at
the rate of 16 cents per ton must be paid to the commissioner on
commercial feeds distributed in this state by the person who
first distributes the commercial feed, except thatnew text begin :
new text end

new text begin (1) new text end no fee deleted text begin needs to deleted text end new text begin need new text end be paid on:

deleted text begin (1) deleted text end new text begin (i) new text end a commercial feed if the payment has been made by a
previous distributor; new text begin or
new text end

deleted text begin (2) deleted text end new text begin (ii) new text end customer formula feeds if the inspection fee is
paid on the commercial feeds which are used as ingredients; or

deleted text begin (3) commercial feeds used as ingredients for the
manufacture of commercial feeds if the fee has been paid by a
previous distributor. If the fee has already been paid, credit
must be given for that payment.deleted text end new text begin (2) new text end a Minnesota feed distributor
who deleted text begin distributes deleted text end new text begin can substantiate that greater than 50 percent of
the distribution of new text end commercial feed new text begin is new text end to purchasers outside the
state may purchase commercial feedsdeleted text begin ,deleted text end without payment deleted text begin by any
person deleted text end of the inspection fee deleted text begin required on those purchases,deleted text end under
a new text begin tonnage fee exemption new text end permit issued by the commissioner. Such
new text begin location specific new text end permits shall deleted text begin only deleted text end be issued new text begin on a calendar
year basis new text end to commercial feed distributors who new text begin submit a $100
nonrefundable application fee and new text end comply with rules adopted by
the commissioner relative to record keeping, tonnage of
commercial feed distributed in Minnesota, total of all
commercial feed tonnage distributed, and all other information
which the commissioner may require so as to ensure that proper
inspection fee payment has been made.

(b) In the case of pet food distributed in the state only
in packages of ten pounds or less, a listing of each product and
a current label for each product must be submitted annually on
forms provided by the commissioner and accompanied by an annual
fee of $50 for each product in lieu of the inspection fee. This
annual fee is due by July 1. The inspection fee required by
paragraph (a) applies to pet food distributed in packages
exceeding ten pounds.

(c) In the case of specialty pet food distributed in the
state only in packages of ten pounds or less, a listing of each
product and a current label for each product must be submitted
annually on forms provided by the commissioner and accompanied
by an annual fee of $25 for each product in lieu of the
inspection fee. This annual fee is due by July 1. The
inspection fee required by paragraph (a) applies to specialty
pet food distributed in packages exceeding ten pounds.

(d) The minimum inspection fee is $10 per annual reporting
period.

Sec. 50.

Minnesota Statutes 2004, section 25.39,
subdivision 4, is amended to read:

Subd. 4.

Commercial feed inspection account.

A
commercial feed inspection account is established in the
agricultural fund. Fees and penalties collected under deleted text begin sections
25.35 to 25.43 deleted text end new text begin this chapter new text end and interest attributable to money
in the account must be deposited in the agricultural fund and
credited to the commercial feed inspection account. Money in
the account, including interest earned, is appropriated to the
commissioner for the administration and enforcement of deleted text begin sections
25.341 to 25.43 deleted text end new text begin this chapternew text end .

Sec. 51.

Minnesota Statutes 2004, 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) The commissioner shall appoint a Minnesota Organic
Advisory Task Force to advise the commissioner on policies and
practices to improve organic agriculture in Minnesota. The task
force must consist of the following residents of the state:

(1) three farmers using organic agriculture methods;

(2) two organic food wholesalers, retailers, or
distributors;

(3) one representative of organic food certification
agencies;

(4) two organic food processors;

(5) one representative from the Minnesota Extension
Service;

(6) one representative from a Minnesota postsecondary
research institution;

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

(8) one at-large member;

(9) one representative from the United States Department of
Agriculture; and

(10) one organic consumer representative.

Terms, compensation, 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 begin 2005 deleted text end new text begin 2007new 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 the day
following final enactment.
new text end

Sec. 52.

Minnesota Statutes 2004, section 35.02,
subdivision 1, is amended to read:

Subdivision 1.

Members; officers.

The board has five
members appointed by the governor with the advice and consent of
the senate, three of whom are producers of livestock in the
state, and two of whom are practicing veterinarians licensed in
Minnesota. The dean of the College of Veterinary Medicine new text begin and
the director of the Veterinary Diagnostic Laboratory new text end of the
University of Minnesota may serve as deleted text begin consultant deleted text end new text begin consultants new text end to
the board without vote. Appointments to fill unexpired terms
must be made from the classes to which the retiring members
belong. The board shall elect a president and a vice-president
from among its members and a veterinarian licensed in Minnesota
who is not a member to be its executive director for a term of
one year and until a successor qualifies. The board shall set
the duties of the director.

new text begin EFFECTIVE DATE. new text end

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

Sec. 53.

Minnesota Statutes 2004, section 35.03, is
amended to read:

35.03 POWERS, DUTIES, AND REPORTS.

The board shall protect the health of Minnesota domestic
animals and carry out the provisions of this chapter. The board
shall make rules necessary to protect the health of domestic
animals. The board shall meet at least quarterly. Officers
must be elected each April. On or before November 1 of each
year the board shall publish an annual report. new text begin The University
of Minnesota Veterinary Diagnostic Laboratory is the official
laboratory for the board. At least quarterly, the director of
the Veterinary Diagnostic Laboratory must report on the
laboratory's activities.
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. 54.

Minnesota Statutes 2004, section 35.05, is
amended to read:

35.05 AUTHORITY OF STATE BOARD.

(a) The state board may quarantine or kill any domestic
animal infected with, or which has been exposed to, a contagious
or infectious dangerous disease if it is necessary to protect
the health of the domestic animals of the state.

(b) The board may regulate or prohibit the arrival in and
departure from the state of infected or exposed animals and, in
case of violation of any rule or prohibition, may detain any
animal at its owner's expense. The board may regulate or
prohibit the importation of domestic animals which, in its
opinion, may injure the health of Minnesota livestock.

(c) new text begin When the governor declares an emergency under section
35.0661,new text end the boardnew text begin , through its executive director,new text end may
deleted text begin implement the United States Voluntary Johne's Disease Herd
Status Program for Cattle deleted text end new text begin assume control of such resources
within the University of Minnesota's Veterinary Diagnostic
Laboratory as necessary to effectively address the disease
outbreak. The director of the laboratory and other laboratory
personnel must cooperate fully in performing necessary functions
related to the outbreak or threatened outbreaknew text end .

(d) Rules adopted by the board under authority of this
chapter must be published in the State Register.

new text begin EFFECTIVE DATE. new text end

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

Sec. 55.

new text begin [35.153] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin The definitions in this
section apply to section 17.452, this section, and section
35.155.
new text end

new text begin Subd. 2. new text end

new text begin Cervidae. new text end

new text begin "Cervidae" means animals that are
members of the family Cervidae and includes, but is not limited
to, white-tailed deer, mule deer, red deer, elk, moose, caribou,
reindeer, and muntjac.
new text end

new text begin Subd. 3. new text end

new text begin Farmed cervidae. new text end

new text begin "Farmed cervidae" means
cervidae that are:
new text end

new text begin (1) raised for any purpose; and
new text end

new text begin (2) registered in a manner approved by the Board of Animal
Health.
new text end

new text begin Subd. 4. new text end

new text begin Owner. new text end

new text begin "Owner" means a person who owns or is
responsible for the raising of farmed cervidae.
new text end

new text begin Subd. 5.new text end

new text begin Herd.new text end

new text begin "Herd" means all cervidae:
new text end

new text begin (1) maintained on common ground for any purpose; or
new text end

new text begin (2) under common ownership or supervision, geographically
separated, but that have an interchange or movement of animals
without regard to whether the animals are infected with or
exposed to diseases.
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. 56.

Minnesota Statutes 2004, section 35.155, is
amended to read:

35.155 FARMED CERVIDAE.

new text begin Subdivision 1. new text end

new text begin Running at large prohibited. new text end

new text begin (a) An owner
may not allow farmed cervidae to run at large. The owner must
make all reasonable efforts to return escaped farmed cervidae to
their enclosures as soon as possible. The owner must notify the
commissioner of natural resources of the escape of farmed
cervidae if the farmed cervidae are not returned or captured by
the owner within 24 hours of their escape.
new text end

new text begin (b) An owner is liable for expenses of another person in
capturing, caring for, and returning farmed cervidae that have
left their enclosures if the person capturing the farmed
cervidae contacts the owner as soon as possible.
new text end

new text begin (c) If an owner is unwilling or unable to capture escaped
farmed cervidae, the commissioner of natural resources may
destroy the escaped farmed cervidae. The commissioner of
natural resources must allow the owner to attempt to capture the
escaped farmed cervidae prior to destroying the farmed
cervidae. Farmed cervidae that are not captured by 24 hours
after escape may be destroyed.
new text end

new text begin Subd. 2. new text end

new text begin Wild cervidae inside confinement area. new text end

new text begin An owner
or an employee or agent under the direction of the owner must
destroy wild cervidae found within the owner's farmed cervidae
confinement area. The owner, employee, or agent must report the
wild cervidae destroyed to a conservation officer or an employee
of the Department of Natural Resources, Division of Wildlife,
within 24 hours. The wild cervidae must be disposed of as
prescribed by the commissioner of natural resources.
new text end

new text begin Subd. 3. new text end

new text begin Farming in native elk area. new text end

new text begin A person may not
raise farmed red deer in the native elk area without written
approval of the commissioner of natural resources. The native
elk area is the area north of U.S. Highway 2 and west of U.S.
Highway 71 and trunk highway 72. The commissioner of natural
resources shall review the proposed farming operation and
approve with any condition or deny approval based on risks to
the native elk population.
new text end

new text begin Subd. 4. new text end

new text begin Fencing. new text end

new text begin Farmed cervidae must be confined in a
manner designed to prevent escape. All perimeter fences for
farmed cervidae must be at least 96 inches in height and be
constructed and maintained in a way that prevents the escape of
farmed cervidae or entry into the premises by free-roaming
cervidae.
new text end

new text begin Subd. 5. new text end

new text begin Disease control programs. new text end

new text begin Farmed cervidae are
subject to this chapter and the rules of the Board of Animal
Health in the same manner as other livestock and domestic
animals, including provisions related to importation and
transportation.
new text end

new text begin Subd. 6. new text end

new text begin Identification. new text end

new text begin (a) Farmed cervidae must be
identified by means approved by the Board of Animal Health. The
identification must be visible to the naked eye during daylight
under normal conditions at a distance of 50 yards. Newborn
animals must be identified before December 31 of the year in
which the animal is born or before movement from the premises,
whichever occurs first.
new text end

new text begin (b) The Board of Animal Health shall register farmed
cervidae. The owner must submit the registration request on
forms provided by the board. The forms must include sales
receipts or other documentation of the origin of the cervidae.
The board shall provide copies of the registration information
to the commissioner of natural resources upon request. The
owner must keep written records of the acquisition and
disposition of registered farmed cervidae.
new text end

new text begin Subd. 7. new text end

new text begin Inspection. new text end

new text begin The commissioner of agriculture and
the Board of Animal Health may inspect farmed cervidae, farmed
cervidae facilities, and farmed cervidae records. For each
herd, the owner or owners must, on or before January 1, pay an
annual inspection fee equal to $10 for each cervid in the herd
as reflected in the most recent inventory submitted to the Board
of Animal Health, up to a maximum fee of $100. The commissioner
of natural resources may inspect farmed cervidae, farmed
cervidae facilities, and farmed cervidae records with reasonable
suspicion that laws protecting native wild animals have been
violated and must notify the owner in writing at the time of the
inspection of the reason for the inspection and must inform the
owner in writing after the inspection of whether (1) the cause
of the inspection was unfounded; or (2) there will be an ongoing
investigation or continuing evaluation.
new text end

new text begin Subd. 8. new text end

new text begin Cervidae inspection account. new text end

new text begin A cervidae
inspection account is established in the state treasury. The
fees collected under this section and interest attributable to
money in the account must be deposited in the state treasury and
credited to the cervidae inspection account in the special
revenue fund. Money in the account, including interest earned,
is appropriated to the Board of Animal Health for the
administration and enforcement of this section.
new text end

new text begin Subd. 9. new text end

new text begin Contested case hearing. new text end

new text begin A person raising farmed
cervidae that is aggrieved with any decision regarding the
farmed cervidae may request a contested case hearing under
chapter 14.
new text end

new text begin Subd. 10. new text end

new text begin Mandatory registration. new text end

new text begin A person may not
possess live cervidae in Minnesota unless the person is
registered with the Board of Animal Health and meets all the
requirements for farmed cervidae under this section. Cervidae
possessed in violation of this subdivision may be seized and
destroyed by the commissioner of natural resources.
new text end

new text begin Subd. 11. new text end

new text begin Mandatory surveillance for chronic wasting
disease. new text end

new text begin (a) An inventory for each farmed cervidae herd must be
verified by an accredited veterinarian and filed with the Board
of Animal Health every 12 months.
new text end

new text begin (b) Movement of farmed cervidae from any premises to
another location must be reported to the Board of Animal Health
within 14 days of the movement on forms approved by the Board of
Animal Health.
new text end

new text begin (c) All animals from farmed cervidae herds that are over 16
months of age that die or are slaughtered must be tested for
chronic wasting disease.
new text end

new text begin Subd. 12. new text end

new text begin Importation. new text end

A person must not import cervidae
into the state from a herd that is infected or exposed to
chronic wasting disease or from a known chronic wasting disease
endemic area, as determined by the board. A person may import
cervidae into the state only from a herd that is not in a known
chronic wasting disease endemic area, as determined by the
board, and the herd has been subject to a state or provincial
approved chronic wasting disease monitoring program for at least
three years. Cervidae imported in violation of this section may
be seized and destroyed by the commissioner of natural resources.

new text begin Subd. 13.new text end

new text begin Rules.new text end

new text begin The Board of Animal Health shall adopt
rules as necessary to implement this section and to otherwise
provide for the control of cervidae diseases.
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. 57.

Minnesota Statutes 2004, section 38.01, is
amended to read:

38.01 COUNTY AGRICULTURAL SOCIETIES; FORMATION, POWERS.

new text begin (a) new text end An agricultural society or association may be
incorporated by citizens of any county, or two or more counties
jointly, but only one agricultural society shall be organized in
any county. An agricultural society may sue and be sued in its
corporate name; may adopt bylaws, rules, and regulations, alter
and amend the same; may purchase and hold, lease and control any
real or personal property deemed to promote the objects of the
society, and may rent, lease, sell, and convey the same. Any
income from the rental or lease of deleted text begin such deleted text end new text begin the new text end property may be used
for any or all of the following purposes: (1) Acquisition of
additional real property; (2) Construction of additional
buildings; or (3) Maintenance and care of the society's
property. This section shall not be construed to preclude the
continuance of any agricultural society now existing or the
granting of aid deleted text begin thereto deleted text end new text begin to the societynew text end .

new text begin (b) new text end An agricultural society shall have jurisdiction and
control of the grounds upon which its fairs are held and of the
streets and deleted text begin grounds deleted text end adjacent deleted text begin thereto deleted text end new text begin grounds new text end during deleted text begin such deleted text end new text begin the
new text end fair, so far as may be necessary for deleted text begin such purpose deleted text end new text begin fair purposes,
and are exempt from local zoning ordinances throughout the year
as provided in section 38.16new text end . At or before the time of holding
any fair, the agricultural society may appoint, in writing, as
many persons to act as special constables as necessary, for and
during the time of holding the same and for a reasonable time
prior and subsequent deleted text begin thereto deleted text end new text begin to the fairnew text end . These constables,
before entering upon their duties, shall take and subscribe the
usual oath of office, endorsed upon their appointment, and have
and exercise upon the grounds of the society, and within
one-half mile deleted text begin thereof deleted text end new text begin of the groundsnew text end , deleted text begin all the power and
authority of constables at common law deleted text end new text begin full powers of arrest new text end anddeleted text begin ,
in addition thereto,deleted text end may, within these limits, without warrant,
arrest any person found violating any laws of the state, or any
rule, regulation, or bylaw of the society, and summarily remove
the persons and property of deleted text begin such deleted text end new text begin the new text end offenders from the grounds
and take them before any court of competent jurisdiction to be
dealt with according to law. Each deleted text begin such deleted text end new text begin appointed new text end peace officer
shall wear an appropriate badge of office while acting as deleted text begin such
deleted text end new text begin onenew text end .

new text begin (c) new text end As an alternative to the appointment of special
constables, the society may contract with the sheriff deleted text begin or deleted text end new text begin ,new text end local
municipalitynew text begin , or security guard as defined in section 626.88 new text end to
provide the society with the same police service it may secure
by appointing special constables. A person providing police
service pursuant to deleted text begin such deleted text end a contract is not, by reason of the
contract, classified as an employee of the agricultural society
for any purpose other than the discharge of powers and duties
under the contract.

new text begin (d) new text end Any person who shall willfully violate any rule or
regulation made by deleted text begin such deleted text end new text begin agricultural new text end societies during the days
of a fair shall be guilty of a misdemeanor.

The provisions of this section supersede all special laws
on the same subject.

Sec. 58.

Minnesota Statutes 2004, section 38.16, is
amended to read:

38.16 EXEMPTION FROM ZONING ORDINANCES.

When lands lying within the corporate limits of towns or
cities are owned by a county or agricultural society and used
for agricultural fair purposes, the lands and the buildings now
or hereafter erected are exempt from the zoning, building, and
other ordinances of the town or city; provided, that no license
or permit need be obtained from, nor fee paid to, the town or
city in connection with the use of the lands. new text begin For the purposes
of this section, "agricultural fair purposes" includes the
management of property as provided in section 38.01, paragraph
(a).
new text end

Sec. 59.

Minnesota Statutes 2004, section 41A.09,
subdivision 2a, is amended to read:

Subd. 2a.

Definitions.

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

(a) "Ethanol" means fermentation ethyl alcohol derived from
agricultural products, including potatoes, cereal grains, cheese
whey, and sugar beets; forest products; or other renewable
resources, including residue and waste generated from the
production, processing, and marketing of agricultural products,
forest products, and other renewable resources, that:

(1) meets all of the specifications in ASTM specification
D4806-01; and

(2) is denatured as specified in Code of Federal
Regulations, title 27, parts 20 and 21.

(b) "Ethanol plant" means a plant at which ethanol is
produced.

(c) "Commissioner" means the commissioner of agriculture.

new text begin (d) "Rural economic infrastructure" means the development
of activities that will enhance the value of agricultural crop
or livestock commodities or by-products or waste from farming
operations through new and improved value-added conversion
processes and technologies, the development of more timely and
efficient infrastructure delivery systems, and the enhancement
of marketing opportunities. "Rural economic infrastructure"
also means land, buildings, structures, fixtures, and
improvements located or to be located in Minnesota and used or
operated primarily for the processing or the support of
production of marketable products from agricultural commodities
produced in Minnesota.
new text end

Sec. 60.

Minnesota Statutes 2004, 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 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 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. Subsequent
annual reports must reflect noncumulative changes in ownership
of ten percent or more of the entity. The 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.

(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 new text begin of unallotment or because
new text end 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.

new text begin (i) The commissioner may make direct payments to producers
of rural economic infrastructure with any amount of the annual
appropriation for ethanol producer payments and rural economic
infrastructure that is in excess of the amount required to make
scheduled ethanol producer payments and deficiency payments for
payments delayed because of unallotment or because appropriated
funds in earlier fiscal years were insufficient.
new text end

Sec. 61.

Minnesota Statutes 2004, section 41B.046,
subdivision 5, is amended to read:

Subd. 5.

Loans.

(a) The authority may participate in a
stock loan with an eligible lender to a farmer who is eligible
under subdivision 4. Participation is limited to 45 percent of
the principal amount of the loan or $40,000, whichever is less.
The interest rates and repayment terms of the authority's
participation interest may differ from the interest rates and
repayment terms of the lender's retained portion of the loan,
but the authority's interest rate must not exceed 50 percent of
the lender's interest rate.

(b) No more than 95 percent of the purchase price of the
stock may be financed under this program.

(c) Security for stock loans must be the stock purchased, a
personal note executed by the borrower, and whatever other
security is required by the eligible lender or the authority.

(d) The authority may impose a reasonable nonrefundable
application fee for each application for a stock loan. The
authority may review the fee annually and make adjustments as
necessary. The application fee is initially $50. Application
fees received by the authority must be deposited in the
deleted text begin value-added agricultural product revolving fund deleted text end new text begin revolving loan
account established in section 41B.06new text end .

(e) Stock loans under this program will be made using money
in the deleted text begin value-added agricultural product deleted text end revolving deleted text begin fund deleted text end new text begin loan
account new text end established deleted text begin under subdivision 3 deleted text end new text begin in section 41B.06new text end .

(f) The authority may not grant stock loans in a cumulative
amount exceeding $2,000,000 for the financing of stock purchases
in any one cooperative.

new text begin (g) Repayments of financial assistance under this section,
including principal and interest, must be deposited into the
revolving loan account established in section 41B.06.
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. 62.

Minnesota Statutes 2004, section 41B.049,
subdivision 2, is amended to read:

Subd. 2.

deleted text begin revolving fund deleted text end new text begin deposit of repaymentsnew text end .

deleted text begin There is
established in the state treasury a revolving fund, which is
eligible to receive appropriations and the transfer of funds
from other services.deleted text end All repayments of financial assistance
granted under subdivision 1, including principal and interest,
must be deposited into deleted text begin this fund. Interest earned on money in
the fund accrues to the fund, and money in the fund is
appropriated to the commissioner of agriculture for purposes of
the manure digester loan program, including costs incurred by
the authority to establish and administer the program deleted text end new text begin the
revolving loan account established in section 41B.06new 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. 63.

Minnesota Statutes 2004, section 41B.049,
subdivision 4, is amended to read:

Subd. 4.

Loans.

(a) The authority may make a direct loan
or participate in a loan with an eligible lender to a farmer who
is eligible under subdivision 3. deleted text begin The interest rates and
deleted text end Repayment terms of the authority's participation interest may
differ from deleted text begin the interest rates and deleted text end repayment terms of the
lender's retained portion of the loan. deleted text begin The authority's interest
rate for a direct loan or a loan participation must not exceed
four percent.deleted text end Loans made under this section deleted text begin before July 1,
2003,deleted text end must be no-interest loans.

(b) Application for a direct loan or a loan participation
must be made on forms prescribed by the authority.

(c) Standards for loan amortization shall be set by the
Rural Finance Authority not to exceed ten years.

(d) Security for the loans must be a personal note executed
by the borrower and whatever other security is required by the
eligible lender or the authority.

(e) No loan proceeds may be used to refinance a debt
existing prior to application.

(f) The authority may impose a reasonable nonrefundable
application fee for each application for a direct loan or a loan
participation. The authority may review the application fees
annually and make adjustments as necessary. The application fee
is initially set at $100 for a loan under subdivision 1. The
fees received by the authority must be deposited in the
revolving deleted text begin fund created in subdivision 2 deleted text end new text begin loan account established
in section 41B.06new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively
for any loan made on or after July 1, 2003.
new text end

Sec. 64.

new text begin [41B.055] LIVESTOCK EQUIPMENT PILOT LOAN
PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The authority must
establish and implement a livestock equipment pilot loan program
to help finance the first purchase of livestock-related
equipment and make livestock facilities improvements.
new text end

new text begin Subd. 2. new text end

new text begin Eligibility. new text end

new text begin Notwithstanding section 41B.03, to
be eligible for this program a borrower must:
new text end

new text begin (1) be a resident of Minnesota or general partnership or a
family farm corporation, authorized farm corporation, family
farm partnership, or authorized farm partnership as defined in
section 500.24, subdivision 2;
new text end

new text begin (2) be the principal operator of a livestock farm;
new text end

new text begin (3) have a total net worth, including assets and
liabilities of the borrower's spouse and dependents, no greater
than the amount stipulated in section 41B.03, subdivision 3;
new text end

new text begin (4) demonstrate an ability to repay the loan; and
new text end

new text begin (5) hold an appropriate feedlot registration or be using
the loan under this program to meet registration requirements.
In addition to the requirements in clauses (1) to (5),
preference must be given to applicants who have farmed less than
ten years as evidenced by their filing of schedule F in their
federal tax returns.
new text end

new text begin Subd. 3. new text end

new text begin Loans. new text end

new text begin (a) The authority may participate in a
livestock equipment loan equal to 90 percent of the purchased
equipment value with an eligible lender to a farmer who is
eligible under subdivision 2. Participation is limited to 45
percent of the principal amount of the loan or $40,000,
whichever is less. The interest rates and repayment terms of
the authority's participation interest may differ from the
interest rates and repayment terms of the lender's retained
portion of the loan, but the authority's interest rate must not
exceed three percent. The authority may review the interest
annually and make adjustments as necessary.
new text end

new text begin (b) Standards for loan amortization must be set by the
rural finance authority and must not exceed seven years.
new text end

new text begin (c) Security for a livestock equipment loan must be a
personal note executed by the borrower and whatever other
security is required by the eligible lender or the authority.
new text end

new text begin (d) Refinancing of existing debt is not an eligible purpose.
new text end

new text begin (e) The authority may impose a reasonable, nonrefundable
application fee for a livestock equipment loan. The authority
may review the fee annually and make adjustments as necessary.
The initial application fee is $50. Application fees received
by the authority must be deposited in the revolving loan account
established in section 41B.06.
new text end

new text begin (f) Loans under this program must be made using money in
the revolving loan account established in section 41B.06.
new text end

new text begin Subd. 4.new text end

new text begin Eligible expenditures.new text end

new text begin Money may be used for
loans for the acquisition of equipment for animal housing,
confinement, animal feeding, milk production, and waste
management.
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. 65.

new text begin [41B.06] RURAL FINANCE AUTHORITY REVOLVING LOAN
ACCOUNT.
new text end

new text begin There is established in the rural finance administration
fund a rural finance authority revolving loan account that is
eligible to receive appropriations and the transfer of loan
funds from other programs. All repayments of financial
assistance granted from this account, including principal and
interest, must be deposited into this account. Interest earned
on money in the account accrues to the account, and the money in
the account is appropriated to the commissioner of agriculture
for purposes of the rural finance authority, livestock equipment
methane digester, and value-added agricultural product loan
programs, including costs incurred by the authority to establish
and administer the programs.
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. 66.

Minnesota Statutes 2004, section 116.07,
subdivision 7a, is amended to read:

Subd. 7a.

Notice of application for livestock feedlot
permit.

(a) A person who applies to the Pollution Control
Agency or a county board for a permit to construct or expand a
feedlot with a capacity of 500 animal units or more shall, not
less than 20 business days before the date on which a permit is
issued, provide notice to each resident and each owner of real
property within 5,000 feet of the perimeter of the proposed
feedlot. The notice may be delivered by first class mail, in
person, or by the publication in deleted text begin a deleted text end new text begin the official new text end newspaper new text begin of the
affected townships new text end of general circulation within the affected
area and must include information on the type of livestock and
the proposed capacity of the feedlot. Notification under this
subdivision is satisfied under an equal or greater notification
requirement of a county conditional use permit. new text begin A person must
also send a copy of the notice by first class mail to the clerk
of the township in which the feedlot is proposed within ten days
of applying for the permit and not less than 20 business days
before the date on which a permit is issued.
new text end

(b) The agency or a county board must verify that notice
was provided as required under paragraph (a) prior to issuing a
permit.

Sec. 67.

new text begin [156.075] REQUIREMENT FOR EQUINE TEETH
FLOATERS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section
the following terms have the meanings given them.
new text end

new text begin (a) "Equine teeth floating" means:
new text end

new text begin (1) removal of enamel points from teeth with handheld,
nonmotorized, non-air-powered files or rasps;
new text end

new text begin (2) reestablishing normal molar table angles and freeing up
lateral excursion and other normal movements of the mandible;
new text end

new text begin (3) shaping the lingual aspect of the lower arcades and the
buccal aspect of the upper arcades to a rounded smooth surface;
and
new text end

new text begin (4) removing points from the buccal aspect of the upper
arcade and the lingual aspect of the lower arcade.
new text end

new text begin (b) "Indirect supervision" means a veterinarian must be
available by telephone or other form of immediate
communication. The veterinarian must be currently licensed
under this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Equine teeth floating services. new text end

new text begin (a) A person
may perform equine teeth floating services after submitting to
the board the following:
new text end

new text begin (1) proof of current certification from the International
Association of Equine Dentistry or other professional equine
dentistry association as determined by the board; and
new text end

new text begin (2) a written statement signed by a supervising
veterinarian experienced in equine medicine that the applicant
will be under direct or indirect supervision of the veterinarian
when floating equine teeth.
new text end

new text begin (b) The board must waive the requirement in paragraph (a),
clause (1), and allow a person to perform equine teeth floating
services if the person provides satisfactory evidence of being
actively engaged in equine teeth floating for at least ten of
the past 15 years and has generated at least $5,000 annually in
personal income from this activity.
new text end

Sec. 68.

Minnesota Statutes 2004, section 174.52,
subdivision 5, is amended to read:

Subd. 5.

Grant procedures and criteria.

The commissioner
shall establish procedures for statutory or home rule charter
cities, towns, and counties to apply for grants or loans from
the fund and criteria to be used to select projects for funding.
The commissioner shall establish these procedures and criteria
in consultation with representatives appointed by the
Association of Minnesota Counties, League of Minnesota
Cities, deleted text begin and deleted text end Minnesota deleted text begin Township Officers deleted text end Association new text begin of
Townships, and the appropriate state agency, as needednew text end . The
criteria for determining project priority and the amount of a
grant or loan must be based upon consideration of:

(1) the availability of other state, federal, and local
funds;

(2) the regional significance of the route;

(3) effectiveness of the proposed project in eliminating a
transportation system deficiency;

(4) the number of persons who will be positively impacted
by the project;

(5) the project's contribution to other local, regional, or
state economic development or redevelopment effortsnew text begin , including
livestock and other agricultural operations permitted after the
effective date of this sectionnew text end ; and

(6) ability of the local unit of government to adequately
provide for the safe operation and maintenance of the facility
upon project completion.

new text begin EFFECTIVE DATE. new text end

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

Sec. 69.

Minnesota Statutes 2004, section 223.17,
subdivision 3, is amended to read:

Subd. 3.

Grain buyers and storage account; fees.

The
commissioner shall set the fees for inspections under sections
223.15 to 223.22 at levels necessary to pay the expenses of
administering and enforcing sections 223.15 to 223.22.

The fee for any license issued or renewed after June 30,
deleted text begin 2001 deleted text end new text begin 2005new text end , shall be set according to the following schedule:

(a) deleted text begin $125 deleted text end new text begin $140 new text end plus deleted text begin $100 deleted text end new text begin $110 new text end for each additional location
for grain buyers whose gross annual purchases are less than
$100,000;

(b) deleted text begin $250 deleted text end new text begin $275 new text end plus deleted text begin $100 deleted text end new text begin $110 new text end for each additional location
for grain buyers whose gross annual purchases are at least
$100,000, but not more than $750,000;

(c) deleted text begin $375 deleted text end new text begin $415 new text end plus deleted text begin $200 deleted text end new text begin $220 new text end for each additional location
for grain buyers whose gross annual purchases are more than
$750,000 but not more than $1,500,000;

(d) deleted text begin $500 deleted text end new text begin $550 new text end plus deleted text begin $200 deleted text end new text begin $220 new text end for each additional location
for grain buyers whose gross annual purchases are more than
$1,500,000 but not more than $3,000,000; and

(e) deleted text begin $625 deleted text end new text begin $700 new text end plus deleted text begin $200 deleted text end new text begin $220 new text end for each additional location
for grain buyers whose gross annual purchases are more than
$3,000,000.

new text begin A penalty amount not to exceed ten percent of the fees due
may be imposed by the commissioner for each month for which the
fees are delinquent.
new text end

There is created the grain buyers and storage account in
the agricultural fund. Money collected pursuant to sections
223.15 to 223.19 shall be paid into the state treasury and
credited to the grain buyers and storage account and is
appropriated to the commissioner for the administration and
enforcement of sections 223.15 to 223.22.

Sec. 70.

Minnesota Statutes 2004, section 223.17,
subdivision 6, is amended to read:

Subd. 6.

Financial statements.

For the purpose of fixing
or changing the amount of a required bond or for any other
proper reason, the commissioner shall require an annual
financial statement from a licensee which has been prepared in
accordance with generally accepted accounting principles and
which meets the following requirements:

(a) The financial statement shall include, but not be
limited to the following: (1) a balance sheet; (2) a statement
of income (profit and loss); (3) a statement of retained
earnings; (4) a statement of changes in financial position; and
(5) a statement of the dollar amount of grain purchased in the
previous fiscal year of the grain buyer.

(b) The financial statement shall be accompanied by a
reviewed financial statement or audit prepared by an independent
public accountant or a compilation report prepared by a grain
commission firm approved by the commissioner, in accordance with
standards established by the American Institute of Certified
Public Accountants. new text begin Grain buyers purchasing less than 150,000
bushels of grain per calendar year may submit a compiled
financial statement prepared by an independent public accountant.
new text end

(c) The financial statement shall be accompanied by a
certification by the chief executive officer or the chief
executive officer's designee of the licensee, under penalty of
perjury, that the financial statement accurately reflects the
financial condition of the licensee for the period specified in
the statement.

Only one financial statement must be filed for a chain of
warehouses owned or operated as a single business entity, unless
otherwise required by the commissioner. Any grain buyer having
a net worth in excess of $500,000,000 need not file the
financial statement required by this subdivision but must
provide the commissioner with a certified net worth statement.
All financial statements filed with the commissioner are private
or nonpublic data as provided in section 13.02.

Sec. 71.

Minnesota Statutes 2004, section 231.08, is
amended by adding a subdivision to read:

new text begin Subd. 3. new text end

new text begin Tender for storage. new text end

new text begin At the time of or prior to
tender of goods for storage by a depositor, a storage order must
be signed in writing by the depositor or the depositor's duly
authorized representative and must show the name and address of
the warehouse operator in whose custody the goods are to be
deposited.
new text end

Sec. 72.

Minnesota Statutes 2004, section 231.08, is
amended by adding a subdivision to read:

new text begin Subd. 4. new text end

new text begin Goods; labeling. new text end

new text begin A warehouse operator who
receives a lot of goods must identify each article or lot by tag
or lot number, as recorded on the operator's books and on the
warehouse receipt or contract.
new text end

Sec. 73.

Minnesota Statutes 2004, section 231.08, is
amended by adding a subdivision to read:

new text begin Subd. 5. new text end

new text begin Fire protection. new text end

new text begin All warehouses must be
protected against fire by an automatic device or fire
extinguishers. Extinguishers must be recharged at least once a
year or as required by state or local fire codes and ordinances
and tagged, showing the date of the most recent recharge. If an
automatic device is in place, it must be kept in complete
working condition at all times. Goods, wares, or merchandise
must not be piled to a height that would interfere with the
outlets of the automatic device or as required by state or local
fire codes or ordinances.
new text end

Sec. 74.

Minnesota Statutes 2004, section 231.08, is
amended by adding a subdivision to read:

new text begin Subd. 6. new text end

new text begin Floor load. new text end

new text begin A warehouse floor or part of floor
must not at any time be loaded or stored with a greater weight
of goods or materials per square foot than the floor will
sustain with safety. If the department directs a warehouse
operator to ascertain from a competent registered architect or
engineer or from the proper municipal authorities what may be
the safe load capacity in pounds per square foot of each floor
of the operator's warehouse or warehouses, the operator must do
so without unnecessary delay and must post signs in several
conspicuous places on each floor stating the safe live load that
floor will sustain.
new text end

Sec. 75.

Minnesota Statutes 2004, section 231.08, is
amended by adding a subdivision to read:

new text begin Subd. 7. new text end

new text begin Storage conditions. new text end

new text begin (a) On each floor where
there is open storage of goods, wares, or merchandise, there
must be aisles wide enough to permit the free and unimpeded
passage of goods, wares, or merchandise. All aisles must be
kept free from obstructions, dust, and litter.
new text end

new text begin (b) Pieces of overstuffed furniture, mattresses, rugs,
carpets, and other goods not stored in containers must be
protected by wrapping before being placed in permanent storage.
new text end

Sec. 76.

Minnesota Statutes 2004, section 231.09, is
amended to read:

231.09 OBLIGATION TO ISSUE UNIFORM RECEIPTS.

new text begin Subdivision 1. new text end

new text begin Receipts. new text end

A warehouse operator receiving
goods in store shall issue for the goods a receipt embodying the
terms of such receipts as authorized by article 7 of the Uniform
Commercial Code. Receipts or records of storage in electronic
form are acceptable.

new text begin Subd. 2. new text end

new text begin Copy to department. new text end

new text begin A copy of the form of
receipt used by the warehouse operator must be furnished to the
department with the application for license.
new text end

new text begin Subd. 3. new text end

new text begin Insurance. new text end

new text begin Receipts must show in conspicuous
type whether or not the property for which the receipt has been
issued is insured for the benefit of the depositor against fire
or any other casualty.
new text end

new text begin Subd. 4. new text end

new text begin Lot number. new text end

new text begin The property of each depositor must
be specifically designated under a lot number, which must appear
on the receipt for the purpose of identification.
new text end

new text begin Subd. 5. new text end

new text begin Correctness of receipt. new text end

new text begin Unless notice is given
by the depositor to the warehouse operator in writing within 30
days after the date of mailing or delivery to the depositor of
the warehouse receipt stating that there are errors or omissions
in the list of goods and specifying them, the operator is
entitled to assume that the list of goods on the warehouse
receipt is a complete and correct list of goods tendered to the
operator for storage under the terms and conditions of the
contract and that the depositor has accepted all terms and
conditions of the contract.
new text end

new text begin Subd. 6. new text end

new text begin Storing additional goods. new text end

new text begin If the depositor,
subsequent to the original storing, places other goods with the
warehouse operator for storage, the additional goods may come in
under the same terms and conditions as if they were part of the
original lot.
new text end

new text begin Subd. 7. new text end

new text begin Notices to depositor. new text end

new text begin Notices by the warehouse
operator to the depositor pertaining to the goods, wares, or
merchandise must be sent to the depositor at the address given
at the time of depositing the goods, wares, or merchandise with
the operator, unless written notice of a change of address is
received by the operator from the depositor. Notices mailed by
the operator to the last address given by the depositor
constitute effective notice for all purposes.
new text end

new text begin Subd. 8. new text end

new text begin Liability limitations; other than household
goods. new text end

new text begin Unless otherwise specified by the depositor in writing,
it is agreed and is prima facie proof that no piece, package, or
complete article with its contents enumerated in the list of
goods in the warehouse receipt of contract exceeds the sum of
$50 in value. If the depositor declares in writing a higher
valuation, the warehouse operator may charge a higher rate for
storing the pieces, packages, or complete articles. Each
operator must, upon the day of storage, clearly inform the
depositor, in writing, that the depositor may declare a higher
valuation.
new text end

new text begin Subd. 9. new text end

new text begin Liability limitations; household goods. new text end

new text begin (a)
From and after the date of storage, the warehouse operator
storing household goods must, on behalf of the depositor, cause
the stored goods of the depositor to be insured at least in the
amount of $1.25 per pound per article against loss from any
peril covered by standard fire and extended coverage policies.
The depositor must pay to the operator the cost of the insurance
in addition to other warehousing charges. Provided, however,
that the depositor may declare in writing that the value of the
stored goods does not exceed 60 cents per pound per article, in
which case the depositor is limited to that amount in the
recovery of any damages against the warehouse operator.
new text end

new text begin (b) Warehouse operators whose charges for storage are not
based upon actual weight, and who may not have available an
actual weight figure, may use a weight figure obtained by
application of the constructive weight rule in effect in the
operator's tariff.
new text end

new text begin (c) Each warehouse operator must, on the day of storage,
clearly inform the depositor in writing of the substance of
paragraph (a). If the depositor's goods are delivered to the
operator for storage by another person, the operator must inform
that person of the depositor's rights and obligations under
paragraph (a).
new text end

new text begin (d) Nothing in this section imposes liability upon a
warehouse operator for damages where the liability would not
otherwise be imposed under the provisions of the Uniform
Commercial Code, chapter 336, and specifically section 336.7-204.
new text end

Sec. 77.

Minnesota Statutes 2004, section 231.11, is
amended to read:

231.11 SCHEDULE OF RATES; STORING HOUSEHOLD GOODS.

new text begin Subdivision 1. new text end

new text begin Filing; inspection. new text end

new text begin A household goods
warehouse operator must file with the department and keep open
for public inspection a printed schedule of rates and charges
complying with subdivision 2. All tariffs of rates and charges
must contain terms and conditions under which the rates and
charges are assessed.
new text end

new text begin Subd. 2. new text end

new text begin Rate-making procedure. new text end

In order to ensure
nondiscriminatory rates and charges for all depositors of
household goods, the commissioner shall establish a collective
rate-making procedure which will ensure the publication and
maintenance of just and reasonable rates and charges under
uniform, reasonably related rate structures. These procedures
must provide for the joint consideration, initiation, and
establishment of rates and charges and ensure that the
respective revenues and expenses of household goods warehouse
operators are ascertained. Any participating household goods
warehouse operator party to a collectively mandated rate or
charge has the right to petition the commissioner for the
establishment of a rate or charge which deviates from the
collectively set rate. Upon receiving the commissioner's
approval, that household goods warehouse operator may proceed to
establish the requested rate or charge. All household goods
warehouse operators subject to rate regulation under this
chapter must comply with the commissioner's rate-making
procedures. No household goods warehouse operator shall
undertake to perform any service or store any household goods
until a schedule of rates has been filed and published in
accordance with this chapter. In case of emergency, however, a
service or storage not specifically covered by the schedules
filed, may be performed or furnished at a reasonable rate, which
must then be promptly filed, and which is subject to review in
accordance with this chapter.

Sec. 78.

Minnesota Statutes 2004, section 231.16, is
amended to read:

231.16 WAREHOUSE OPERATOR OR HOUSEHOLD GOODS WAREHOUSE
OPERATOR TO OBTAIN LICENSE.

A warehouse operator or household goods warehouse operator
must be licensed annually by the department. The department
shall prescribe the form of the written application. If the
department approves the license application and the applicant
files with the department the necessary bond, in the case of
household goods warehouse operators, or proof of warehouse
operators legal liability insurance coverage in an amount of
$50,000 or more, as provided for in this chapter, the department
shall issue the license upon payment of the license fee required
in this section. A warehouse operator or household goods
warehouse operator to whom a license is issued shall pay a fee
as follows:
Building square footage used for public storage

(1) 5,000 or less deleted text begin $100 deleted text end new text begin $110
new text end (2) 5,001 to 10,000 deleted text begin $200 deleted text end new text begin $220
new text end (3) 10,001 to 20,000 deleted text begin $300 deleted text end new text begin $330
new text end (4) 20,001 to 100,000 deleted text begin $400 deleted text end new text begin $440
new text end (5) 100,001 to 200,000 deleted text begin $500 deleted text end new text begin $550
new text end (6) over 200,000 $600

new text begin A penalty amount not to exceed ten percent of the fees due
may be imposed by the commissioner for each month for which the
fees are delinquent.
new text end

Fees collected under this chapter must be paid into the
grain buyers and storage account established in section 232.22.

The license must be renewed annually on or before July 1,
and always upon payment of the full license fee required in this
section. No license shall be issued for any portion of a year
for less than the full amount of the license fee required in
this section. Each license obtained under this chapter must be
publicly displayed in the main office of the place of business
of the warehouse operator or household goods warehouse operator
to whom it is issued. The license authorizes the warehouse
operator or household goods warehouse operator to carry on the
business of warehousing only in the one city or town named in
the application and in the buildings therein described. The
department, without requiring an additional bond and license,
may issue permits from time to time to any warehouse operator
already duly licensed under the provisions of this chapter to
operate an additional warehouse in the same city or town for
which the original license was issued during the term thereof,
upon the filing an application for a permit in the form
prescribed by the department.

A license may be refused for good cause shown and revoked
by the department for violation of law or of any rule adopted by
the department, upon notice and after hearing.

Sec. 79.

Minnesota Statutes 2004, section 231.18,
subdivision 3, is amended to read:

Subd. 3.

Where to file.

All claims must be filed deleted text begin at deleted text end new text begin with
new text end the deleted text begin following address:deleted text end Minnesota Department of Agriculture,
Grain Licensing and Auditing deleted text begin Division, 316 Grain Exchange
Building, Minneapolis, Minnesota 55415 deleted text end new text begin Sectionnew text end .

Sec. 80.

Minnesota Statutes 2004, section 231.18,
subdivision 5, is amended to read:

Subd. 5.

Public notice of a claim.

Upon determining that
a depositor has filed a valid claim, the department shall
publish notice of the claim in the official county newspaper of
the county in which the licensee's new text begin primary new text end place of business is
located.

The notice must state that a claim against the bond of a
licensee has been filed with the department, the name and
address of the licensee, that any additional claims should be
filed with the department, the deleted text begin bond disbursement deleted text end date new text begin by which
claims must be filednew text end , and where the claims should be filed.

The public notice of the claim must appear for three
consecutive days in newspapers with a daily circulation and for
two consecutive publications in newspapers published less than
daily.

Sec. 81.

new text begin [231.375] OPENING OR ABANDONMENT OF WAREHOUSES.
new text end

new text begin No building or structure may be used as a warehouse or
branch warehouse until it has been inspected and approved for
warehousing purposes by the department.
new text end

new text begin On ceasing to use a building or other structure, a
warehouse operator must promptly notify the department.
new text end

Sec. 82.

Minnesota Statutes 2004, section 232.22,
subdivision 3, is amended to read:

Subd. 3.

Fees; grain buyers and storage account.

There
is created in the agricultural fund an account known as the
grain buyers and storage account. The commissioner shall set
the fees for inspections, certifications and licenses under
sections 232.20 to 232.25 at levels necessary to pay the costs
of administering and enforcing sections 232.20 to 232.25. All
money collected pursuant to sections 232.20 to 232.25 and
chapters 233 and 236 shall be paid by the commissioner into the
state treasury and credited to the grain buyers and storage
account and is appropriated to the commissioner for the
administration and enforcement of sections 232.20 to 232.25 and
chapters 233 and 236. All money collected pursuant to chapter
231 shall be paid by the commissioner into the grain buyers and
storage account and is appropriated to the commissioner for the
administration and enforcement of chapter 231.

new text begin The fees for a license to store grain are as follows:
new text end

new text begin (a) For a license to store grain, $110 for each home rule
charter or statutory city or town in which a public grain
warehouse is operated.
new text end

new text begin (b) A person with a license to store grain in a public
grain warehouse is subject to an examination fee for each
licensed location, based on the following schedule for one
examination:
new text end

new text begin Bushel Capacity new text end new text begin Examination Fee
Less than 150,001 new text end new text begin $300
150,001 to 250,000 new text end new text begin $425
250,001 to 500,000 new text end new text begin $545
500,001 to 750,000 new text end new text begin $700
750,001 to 1,000,000 new text end new text begin $865
1,000,001 to 1,200,000 new text end new text begin $1,040
1,200,001 to 1,500,000 new text end new text begin $1,205
1,500,001 to 2,000,000 new text end new text begin $1,380
More than 2,000,000 new text end new text begin $1,555
new text end

new text begin (c) The fee for the second examination is $55 per hour per
examiner for warehouse operators who choose to have it performed
by the commissioner.
new text end

new text begin (d) A penalty amount not to exceed ten percent of the fees
due may be imposed by the commissioner for each month for which
the fees are delinquent.
new text end

Sec. 83.

Minnesota Statutes 2004, section 236.02,
subdivision 4, is amended to read:

Subd. 4.

Fees.

new text begin The license fee is $140 for each home
rule charter or statutory city or town in which a private grain
warehouse is operated and which will be used to operate a grain
bank. A penalty amount not to exceed ten percent of the fees
due may be imposed by the commissioner for each month for which
the fees are delinquent.new text end The license fee must be set by the
commissioner in an amount sufficient to cover the costs of
administering and enforcing this chapter. Fees collected under
this chapter must be paid into the grain buyers and storage
account established in section 232.22.

Sec. 84.

Minnesota Statutes 2004, section 327.23,
subdivision 2, is amended to read:

Subd. 2.

Manufactured home park.

new text begin (a) new text end The term
"manufactured home park" shall not be construed to includenew text begin :
new text end

new text begin (1) new text end manufactured homes, buildings, tents or other
structures temporarily maintained by any individual or company
on premises associated with a work project and used exclusively
to house labor or other personnel occupied in such work projectnew text begin ;
or
new text end

new text begin (2) two or less manufactured homes maintained by an
individual or company on the premises located within 100 yards
of an existing residence and associated with an area zoned
agricultural and used exclusively to house family or labor, as
defined in the United States Internal Revenue Code, section
3121(g), engaged in the agricultural operation, provided the
homes:
new text end

new text begin (i) meet the requirements of section 326.243 and Minnesota
Rules, parts 4630.0600, subpart 1, 4630.0700, 4630.1200,
4630.3500, and 4715.0310;
new text end

new text begin (ii) are equipped with at least one automatic smoke
detector that conforms to the applicable provisions of the
National Fire Protection Association standard, identified as
NFPA 501B, outside each sleeping area; and
new text end

new text begin (iii) meet the requirements of sections 327.31 to 327.35
and Minnesota Rules, chapter 1350new text end .

new text begin (b) new text end The state Department of Health may by rule prescribe
such sanitary facilities as it may deem necessary to provide for
the sanitation of such structures and the safety of the
occupants thereof.

Sec. 85.

Minnesota Statutes 2004, section 327.23, is
amended by adding a subdivision to read:

new text begin Subd. 2a.new text end

new text begin Seasonal agricultural operations.new text end

new text begin The term
"manufactured home park" shall not be construed to include up to
four manufactured homes maintained by an individual or a company
on premises associated with a seasonal agricultural operation,
in an area zoned agricultural, and used exclusively to house
individuals or families performing labor as defined in section
3121(g) of the Internal Revenue Code if:
new text end

new text begin (1) the manufactured homes are equipped with indoor
plumbing facilities and the standards for water and sanitation
established in Minnesota Rules, parts 4630.0600, subpart 1;
4630.0700; 4630.1200; 4630.3500; and 4715.0310 are met;
new text end

new text begin (2) the manufactured homes provide at least 80 square feet
of indoor living space per inhabitant of each home;
new text end

new text begin (3) the manufactured homes and their installation comply
with section 327.34, subdivision 1, and Minnesota Rules, chapter
1350;
new text end

new text begin (4) the individual or company maintaining the manufactured
homes, with the assistance and approval of the city or town
where the homes are located, develops and posts in conspicuous
locations near the homes, a shelter or safe evacuation plan in
the event of severe weather conditions, such as tornadoes, high
winds, and floods; and
new text end

new text begin (5) the individual or company maintains the homes in a
clean, orderly, and sanitary condition.
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. 86.

Minnesota Statutes 2004, section 394.25,
subdivision 3c, is amended to read:

Subd. 3c.

Feedlot zoning ordinances.

(a) A county
proposing to adopt a new feedlot ordinance or amend an existing
feedlot ordinance must notify the Pollution Control Agency and
commissioner of agriculture at the beginning of the processnew text begin , no
later than the notice of the first hearing proposing to adopt or
amend an ordinance purporting to address feedlotsnew text end .

(b) Prior to final approval of a feedlot ordinance, a
county board may submit a copy of the proposed ordinance to the
Pollution Control Agency and to the commissioner of agriculture
and request review, comment, and deleted text begin preparation of deleted text end new text begin recommendations.
new text end

new text begin (c) The agencies' response to the county may include:
new text end

new text begin (1) any recommendations for improvements in the ordinance;
and
new text end

new text begin (2) the legal, economic, or scientific justification for
each recommendation under clause (1).
new text end

new text begin (d) At the request of any member of the county board, the
county must prepare new text end a report on the deleted text begin environmental and
agricultural deleted text end new text begin economic new text end effects from specific provisions in the
ordinance. new text begin Economic analysis must state whether the ordinance
will affect the local economy and describe the kinds of
businesses affected and the projected impact the proposal will
have on those businesses. To assist the county, the
commissioner of agriculture, in cooperation with the Department
of Employment and Economic Development, must develop a template
for measuring local economic effects and make it available to
the county. The report must be submitted to the commissioners
of employment and economic development and agriculture along
with the proposed ordinance.
new text end

deleted text begin (c) The report may include:
deleted text end

deleted text begin (1) any recommendations for improvements in the ordinance;
and
deleted text end

deleted text begin (2) the legal, social, economic, or scientific
justification for each recommendation under clause (1).
deleted text end

deleted text begin (d) deleted text end new text begin (e) new text end A local ordinance that contains a setback for new
feedlots from existing residences must also provide for a new
residence setback from existing feedlots located in areas zoned
agricultural at the same distances and conditions specified in
the setback for new feedlots, unless the new residence is built
to replace an existing residence. A county may grant a variance
from this requirement under section 394.27, subdivision 7.

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 2004, section 462.355,
subdivision 4, is amended to read:

Subd. 4.

Interim ordinance.

new text begin (a) new text end If a municipality is
conducting studies or has authorized a study to be conducted or
has held or has scheduled a hearing for the purpose of
considering adoption or amendment of a comprehensive plan or
official controls as defined in section 462.352, subdivision 15,
or if new territory for which plans or controls have not been
adopted is annexed to a municipality, the governing body of the
municipality may adopt an interim ordinance applicable to all or
part of its jurisdiction for the purpose of protecting the
planning process and the health, safety and welfare of its
citizens. The interim ordinance may regulate, restrict or
prohibit any use, development, or subdivision within the
jurisdiction or a portion thereof for a period not to exceed one
year from the date it is effective.

new text begin (b) If a proposed interim ordinance purports to regulate,
restrict, or prohibit activities relating to livestock
production, a public hearing must be held following a ten-day
notice given by publication in a newspaper of general
circulation in the municipality before the interim ordinance
takes effect.
new text end

new text begin (c) new text end The period of an interim ordinance applicable to an
area that is affected by a city's master plan for a municipal
airport may be extended for such additional periods as the
municipality may deem appropriate, not exceeding a total
additional period of 18 months in the case where the Minnesota
Department of Transportation has requested a city to review its
master plan for a municipal airport prior to August 1, 2004. In
all other cases, no interim ordinance may halt, delay, or impede
a subdivision which has been given preliminary approval, nor may
any interim ordinance extend the time deadline for agency action
set forth in section 15.99 with respect to any application filed
prior to the effective date of the interim ordinance. The
governing body of the municipality may extend the interim
ordinance after a public hearing and written findings have been
adopted based upon one or more of the conditions in clause (1),
(2), or (3). The public hearing must be held at least 15 days
but not more than 30 days before the expiration of the interim
ordinance, and notice of the hearing must be published at least
ten days before the hearing. The interim ordinance may be
extended for the following conditions and durations, but, except
as provided in clause (3), an interim ordinance may not be
extended more than an additional 18 months:

(1) up to an additional 120 days following the receipt of
the final approval or review by a federal, state, or
metropolitan agency when the approval is required by law and the
review or approval has not been completed and received by the
municipality at least 30 days before the expiration of the
interim ordinance;

(2) up to an additional 120 days following the completion
of any other process required by a state statute, federal law,
or court order, when the process is not completed at least 30
days before the expiration of the interim ordinance; or

(3) up to an additional one year if the municipality has
not adopted a comprehensive plan under this section at the time
the interim ordinance is enacted.

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 2004, section 462.357, is
amended by adding a subdivision to read:

new text begin Subd. 9.new text end

new text begin Feedlot zoning controls.new text end

new text begin (a) A municipality
proposing to adopt a new feedlot zoning control or to amend an
existing feedlot zoning control must notify the Pollution
Control Agency and commissioner of agriculture at the beginning
of the process, no later than the date notice is given of the
first hearing proposing to adopt or amend a zoning control
purporting to address feedlots.
new text end

new text begin (b) Prior to final approval of a feedlot zoning control, a
municipality may submit a copy of the proposed zoning control to
the Pollution Control Agency and to the commissioner of
agriculture and request review, comment, and recommendations.
new text end

new text begin (c) The agencies' response to the municipality may include:
new text end

new text begin (1) any recommendations for improvements in the ordinance;
and
new text end

new text begin (2) the legal, economic, or scientific justification for
each recommendation under clause (1).
new text end

new text begin (d) At the request of any member of the municipality's
governing body, the municipality must prepare a report on the
economic effects from specific provisions in the ordinance.
Economic analysis must state whether the ordinance will affect
the local economy and describe the kinds of businesses affected
and the projected impact the proposal will have on those
businesses. To assist the municipality, the commissioner of
agriculture, in cooperation with the Department of Employment
and Economic Development, must develop a template for measuring
local economic effects and make it available to the
municipality. The report must be submitted to the commissioners
of employment and economic development and agriculture along
with the proposed ordinance.
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. 89.

new text begin [583.215] EXPIRATION.
new text end

new text begin Sections 336.9-601, subsections (h) and (i); 550.365;
559.209; 582.039; and 583.20 to 583.32, expire June 30, 2009.
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. 90.

new text begin [604.17] PERSONAL RESPONSIBILITY IN FOOD
CONSUMPTION ACT.
new text end

new text begin Subdivision 1. new text end

new text begin Title. new text end

new text begin This act may be cited as the
Personal Responsibility in Food Consumption Act.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section
the following terms have the meanings given.
new text end

new text begin (b) "Long-term consumption" means the cumulative effect of
the consumption of food or nonalcoholic beverages, and not the
effect of a single instance of consumption.
new text end

new text begin (c) "Party" means an individual, corporation, company,
association, firm, partnership, society, joint stock company, or
any other entity, including any governmental entity.
new text end

new text begin Subd. 3. new text end

new text begin Immunity from civil liability. new text end

new text begin A producer,
grower, manufacturer, packer, distributor, carrier, holder,
marketer, or seller of a food or nonalcoholic beverage intended
for human consumption, or an association of one or more of such
entities, shall not be subject to civil liability based on any
individual's or group of individuals' purchase or consumption of
food or nonalcoholic beverages in cases where liability arises
from weight gain or obesity resulting from the individual's or
group of individuals' long-term purchase or consumption of a
food or nonalcoholic beverage.
new text end

new text begin Subd. 4. new text end

new text begin Actions permitted. new text end

new text begin Subdivision 3 does not apply
to a claim of weight gain or obesity that is based on:
new text end

new text begin (1) a material violation of an adulteration or misbranding
requirement prescribed by state or federal statute, rule, or
regulation and the claimed injury was proximately caused by the
violation; or
new text end

new text begin (2) any other material violation of federal or state law
applicable to the manufacturing, marketing, distribution,
advertising, labeling, or sale of food and the claimed injury
was proximately caused by the violation.
new text end

Sec. 91. new text begin TRANSFER OF FUNDS; DEPOSIT OF REPAYMENTS.
new text end

new text begin The remaining balances in the revolving accounts in
Minnesota Statutes, sections 41B.046 and 41B.049, that are
dedicated to rural finance authority loan programs under those
sections, are transferred to the revolving loan account
established in Minnesota Statutes, section 41B.06, on the
effective date of this section. All future receipts from
value-added agricultural product loans and methane digester
loans originated under Minnesota Statutes, sections 41B.046 and
41B.049, must be deposited in the revolving loan account
established in Minnesota Statutes, section 41B.06.
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. 92. new text begin AGRICULTURAL NUTRIENT TASK FORCE.
new text end

new text begin (a) There is created an Agricultural Nutrient Task Force
consisting of two members of the senate appointed by the chair
of the senate Committee on Agriculture, Veterans and Gaming; two
members of the house of representatives appointed by the chair
of the house Committee on Agriculture and Rural Development, and
at least 15 public members appointed by the commissioner of
agriculture. The public members must be broadly representative
of the diverse range of persons interested in and knowledgeable
about agricultural soil nutrients and must include
representatives of agricultural crop growers, fertilizer
retailers, soil nutrient consultants, and agricultural soil and
nutrient researchers. Public members of the task force must
serve without compensation or reimbursement of personal expenses.
new text end

new text begin (b) The commissioner of agriculture must convene the first
meeting of the task force and must provide office support
services to the task force as needed. The task force may
determine the date, location, and agenda of additional meetings.
new text end

new text begin (c) The task force must review and make recommendations on
at least the following topics and practices:
new text end

new text begin (1) the need for research, education, and training in the
selection and application of agricultural fertilizer and soil
nutrients in the state;
new text end

new text begin (2) the imposition of a tonnage fee on all agricultural
fertilizer applied in Minnesota and the designated uses of the
proceeds from the fee;
new text end

new text begin (3) the desirability of amending statutes and rules that
apply to the selection, purchase, storage, and application of
agricultural fertilizer and soil nutrients, including the
reasonableness of rules for their on-farm storage; and
new text end

new text begin (4) methods of inspection and monitoring for compliance
with fertilizer regulations to protect against the theft of
anhydrous ammonia for production of methamphetamine.
new text end

new text begin (d) On behalf of the task force, not later than February
15, 2006, the commissioner of agriculture shall prepare and
deliver to the standing agriculture policy committees of the
senate and the house of representatives a report and list of
recommendations for changes in statutes and rules.
new text end

new text begin (e) The task force expires June 30, 2006.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment for purposes of making membership
appointments to the Agricultural Nutrient Task Force.
new text end

Sec. 93. new text begin STUDY; BIODIESEL FUEL FOR RESIDENTIAL,
COMMERCIAL, AND INDUSTRIAL HEATING.
new text end

new text begin (a) From the money available to the commissioner of
commerce for purposes of studies and technical assistance by the
reliability administrator under Minnesota Statutes, section
216C.052, and in conformity with the goals and directives of
Minnesota Statutes, section 16B.325, the reliability
administrator shall perform a comprehensive technical and
economic analysis of the benefits to be derived from using
biodiesel fuel as defined in Minnesota Statutes, section 239.77,
subdivision 1, or biodiesel fuel blends, as a residential,
commercial, and industrial heating fuel. The analysis must
consider blends ranging from B2 to B100.
new text end

new text begin (b) Not later than March 15, 2007, the reliability
administrator shall report the results of the study and analysis
to the appropriate standing committees of the Minnesota senate
and house of representatives.
new text end

Sec. 94. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall change cross-references in
Minnesota Statutes and Minnesota Rules to reflect the amendments
and repealers in section 93, paragraph (f), and Minnesota
Statutes, sections 17.452, subdivision 5a; 35.153; and 35.155,
as amended in this article.
new text end

Sec. 95. new text begin REPEALER.
new text end

new text begin (a) Minnesota Statutes 2004, section 41B.046, subdivision
3, is repealed effective the day following final enactment.
new text end

new text begin (b) Minnesota Statutes 2004, sections 18B.065, subdivision
5; and 19.64, subdivision 4a, are repealed.
new text end

new text begin (c) Minnesota Statutes 2004, section 18H.02, subdivisions
15 and 19, are repealed.
new text end

new text begin (d) Minnesota Statutes 2004, section 17.983, subdivision 2,
is repealed.
new text end

new text begin (e) Minnesota Statutes 2004, section 35.0661, subdivision
4, is repealed.
new text end

new text begin (f) Minnesota Statutes 2004, sections 17.451; and 17.452,
subdivisions 6, 6a, 7, 10, 11, 12, 13, 13a, 14, 15, and 16, are
repealed.
new text end

new text begin (g) Laws 1986, chapter 398, article 1, section 18, as
amended by Laws 1987, chapter 292, section 37; Laws 1989,
chapter 350, article 16, section 8; Laws 1990, chapter 525,
section 1; Laws 1991, chapter 208, section 2; Laws 1993, First
Special Session chapter 2, article 6, section 2; Laws 1995,
chapter 212, article 2, section 11; Laws 1997, chapter 183,
article 3, section 29; Laws 1998, chapter 395, section 7; Laws
1998, chapter 402, section 6; Laws 1999, chapter 214, article 2,
section 19; Laws 2001, chapter 195, article 1, section 23; Laws
2001, First Special Session chapter 1, article 2, section 25;
and Laws 2001, First Special Session chapter 2, section 150, is
repealed.
new text end

new text begin (h) Minnesota Rules, parts 1560.7700; 1560.7750; 1560.7800;
1560.7850; 1560.7900; 1560.8000; 1560.8100; 1560.8200;
1560.8300; 1560.8400; 1560.8500; 1560.8600; 1560.8700; and
1560.8800, are repealed.
new text end

HF 1420

Bill Text Versions

Current Version - 5th Engrossment

ARTICLE 1

APPROPRIATIONS, GENERALLY

Section 1. new text begin AGRICULTURE AND RURAL DEVELOPMENT APPROPRIATIONS.new text end

Sec. 2. DEPARTMENT OF AGRICULTURE

Subdivision 1.

Subd. 2.

Subd. 3.

Subd. 4.

Subd. 5.

Sec. 3.

Sec. 4.

Sec. 5. MINNESOTA HORTICULTURE SOCIETY 10,000 -0-

Sec. 6.

new text begin Subd. 6. new text end

new text begin Animal identification data. new text end

Sec. 7.

new text begin [16C.137] MINIMIZING ENERGY USE; RENEWABLE FUELS. new text end

new text begin Subdivision 1. new text end

new text begin Goals and actions. new text end

new text begin Subd. 2. new text end

new text begin Smartfleet committee. new text end

new text begin Subd. 3.new text end

new text begin Exclusion.new text end

new text begin EFFECTIVE DATE. new text end

Sec. 8.

Subd. 13.

Semiannual reports.

Sec. 9.

new text begin Subd. 5b. new text end

new text begin Application fee. new text end

Sec. 10.

Subd. 11.

Loans issued to borrower.

Sec. 11.

new text begin Subd. 5a. new text end

new text begin Other applicable definitions. new text end

Sec. 12.

Subdivision 1.

Criminal penalties.

Sec. 13.

Subdivision 1.

Administrative penalties; citation.

Sec. 14.

Subd. 3.

Contested case.

Sec. 15.

Subdivision 1.

Commissioner's powers.

Sec. 16.

Subd. 4.

Application fee.

Sec. 17.

Subd. 3.

Application fee.

Sec. 18.

Subd. 5.

Application fee.

Sec. 19.

Subd. 6.

Fees.

Sec. 20.

Subd. 6.

Fees.

Sec. 21.

Subd. 7.

Application fees.

Sec. 22.

Subd. 5.

Fees.

Sec. 23.

Subdivision 1.

Program establishment.

Sec. 24.

Subd. 3.

Analyses reporting standards.

Sec. 25.

Subd. 5.

Section 1. new text begin AGRICULTURE AND RURAL DEVELOPMENT APPROPRIATIONS.
new text end

Sec. 5. MINNESOTA HORTICULTURE
SOCIETY 10,000 -0-

new text begin [16C.137] MINIMIZING ENERGY USE; RENEWABLE
FUELS.
new text end

deleted text begin plant protection inspections,deleted text end new text begin supplemental,
additional, or other new text end certificatesdeleted text begin ,deleted text end new text begin and new text end permitsdeleted text begin , and feesdeleted text end .

18H.09 NURSERY deleted text begin INSPECTIONS REQUIRED deleted text end new text begin STOCK CERTIFICATION
REQUIREMENTSnew text end .

deleted text begin labeling deleted text end new text begin identification of
originnew text end .

new text begin [25.342] CERTIFICATES, FREE SALE.
new text end