HF 3902

3rd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to the operation of state government; making certain changes in
agriculture, fuel, and veterans policy; establishing or changing certain programs,
requirements, and procedures; regulating certain activities; establishing a
planning group and a working group; appropriating money; amending Minnesota
Statutes 2006, sections 13.785, by adding a subdivision; 18B.065, subdivisions
2, 7; 18B.07, subdivision 2; 18D.305, subdivision 2; 18E.04, subdivision 2;
28A.03, by adding a subdivision; 28A.08; 28A.082, by adding a subdivision;
28A.09, subdivision 1; 29.23; 31.05; 31.171; 41D.01, subdivision 4; 97A.028,
subdivision 3; 148.01, subdivision 1, by adding subdivisions; 196.021; 196.03;
197.236; 198.32, subdivision 1; 239.77, as amended; 349.12, subdivision 3a;
609.115, by adding a subdivision; Minnesota Statutes 2007 Supplement, sections
18B.065, subdivisions 1, 2a; 18B.26, subdivision 3; 31.175; 35.244; 41A.105,
subdivision 2; 197.791, subdivisions 1, 4, 5; 296A.01, subdivision 8a; Laws
2007, chapter 45, article 1, section 3, subdivisions 3, 4, 5; proposing coding for
new law in Minnesota Statutes, chapters 17; 32; 148; 192; 196; 197; repealing
Minnesota Statutes 2006, sections 197.236, subdivisions 7, 10; 198.001,
subdivisions 6, 9; 198.002, subdivisions 1, 3, 6; 198.003, subdivisions 5, 6;
198.004, subdivision 2; Minnesota Statutes 2007 Supplement, sections 41A.105,
subdivision 5; 198.002, subdivision 2; 198.004, subdivision 1; Minnesota Rules,
part 9050.0040, subpart 15.

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

ARTICLE 1

AGRICULTURE POLICY

Section 1.

new text begin [17.118] LIVESTOCK INVESTMENT GRANT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner may award a livestock investment
grant to a person who raises livestock in this state equal to ten percent of the first $500,000
of qualifying expenditures, provided the person makes qualifying expenditures of at least
$4,000. The commissioner may award multiple livestock investment grants to a person
over the life of the program as long as the cumulative amount does not exceed $50,000.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

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

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

new text begin (c) "Qualifying expenditures" means the amount spent for:
new text end

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

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

new text begin (i) raceways used by dairy cows returning from pasture to a central location for
milking;
new text end

new text begin (ii) watering systems for livestock on pasture including water lines and booster
pumps and well installations; and
new text end

new text begin (iii) livestock stream crossing stabilization; or
new text end

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

new text begin (i) freestall barns;
new text end

new text begin (ii) watering facilities;
new text end

new text begin (iii) feed storage and handling equipment;
new text end

new text begin (iv) milking parlors;
new text end

new text begin (v) robotic equipment;
new text end

new text begin (vi) scales;
new text end

new text begin (vii) milk storage and cooling facilities;
new text end

new text begin (viii) bulk tanks;
new text end

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

new text begin (x) manure pumping and storage facilities;
new text end

new text begin (xi) swine farrowing facilities;
new text end

new text begin (xii) swine and cattle finishing barns;
new text end

new text begin (xiii) calving facilities;
new text end

new text begin (xiv) digesters;
new text end

new text begin (xv) equipment used to produce energy;
new text end

new text begin (xvi) on-farm processing facilities and equipment; and
new text end

new text begin (xvii) fences.
new text end

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

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

new text begin Subd. 3. new text end

new text begin Eligibility. new text end

new text begin (a) To be eligible for a livestock investment grant, a person
must:
new text end

new text begin (1) be a resident of Minnesota or an entity authorized to farm in this state under
section 500.24, subdivision 3;
new text end

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

new text begin (3) hold an appropriate feedlot registration; and
new text end

new text begin (4) apply to the commissioner on forms prescribed by the commissioner including a
statement of the qualifying expenditures made during the qualifying period along with any
proof or other documentation the commissioner may require.
new text end

new text begin (b) The $50,000 maximum grant applies at the entity level for partnerships, S
corporations, C corporations, trusts, and estates as well as at the individual level. In the
case of married individuals, the grant is limited to $50,000 for a married couple.
new text end

new text begin Subd. 4. new text end

new text begin Process. new text end

new text begin The commissioner shall review completed applications and
award grants to eligible applicants in the order in which applications were received by
the commissioner. The commissioner shall certify eligible applications up to the amount
appropriated for a fiscal year. The commissioner must place any additional eligible
applications on a waiting list and, notwithstanding subdivision 2, paragraph (c), give
them priority during the next fiscal year. The commissioner shall notify in writing any
applicant who applies for a grant and is ineligible under the provisions of this section
as well as any applicant whose application is received or reviewed after the fiscal year
funding limit has been reached.
new text end

new text begin Subd. 5. new text end

new text begin Livestock investment grant account. new text end

new text begin A livestock investment grant
account is hereby established in the agricultural fund to receive general fund appropriations
and money transferred from other accounts. Any interest earned on money in the account
accrues to the account. Money in the account is appropriated to the commissioner for
the purposes of the livestock investment grant program, including costs incurred to
administer the program.
new text end

Sec. 2.

Minnesota Statutes 2007 Supplement, section 18B.065, subdivision 1, is
amended to read:

Subdivision 1.

Collection and disposal.

The commissioner of agriculture shall
establish and operate a program to collect new text begin and dispose of new text end waste pesticides. The program
must be made available to deleted text begin agriculture deleted text end new text begin agricultural new text end and residential pesticide end users
whose waste generating activity occurs in this state.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008, and applies to all
cooperative agreements entered into by the commissioner of agriculture and local units of
government for waste pesticide collection and disposal after that date.
new text end

Sec. 3.

Minnesota Statutes 2006, section 18B.065, subdivision 2, is amended to read:

Subd. 2.

Implementation.

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

(b) The commissioner may new text begin not new text end limit the type and quantity of waste pesticides
accepted for collection and may new text begin not new text end assess pesticide end users for portions of the costs
incurred.

Sec. 4.

Minnesota Statutes 2007 Supplement, section 18B.065, subdivision 2a, is
amended to read:

Subd. 2a.

Disposal site requirement.

new text begin (a) For agricultural waste pesticides, new text end the
commissioner must designate a place in each county of the state that is available at least
every deleted text begin other deleted text end year for persons to dispose of unused portions of new text begin agricultural new text end pesticides
deleted text begin in accordance with subdivision 1 deleted text end . The commissioner shall consult with the person
responsible for solid waste management and disposal in each county to determine an
appropriate location new text begin and to advertise each collection event new text end .

new text begin (b) For residential waste pesticides, the commissioner must provide periodic
disposal opportunities each year in each county. As provided under subdivision 7, the
commissioner may enter into agreements with county or regional solid waste management
entities to provide these collections and shall provide these entities with funding for all
costs incurred including, but not limited to, related supplies, transportation, advertising,
and disposal costs as well as reasonable overhead costs.
new text end

new text begin (c) The person responsible for waste pesticide collections under paragraphs (a) and
(b) shall record information on each waste pesticide product collected including, but not
limited to, the product name, active ingredient or ingredients, and the quantity. The person
must submit this information to the commissioner at least annually.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008, and applies to all
cooperative agreements entered into by the commissioner of agriculture and local units of
government for waste pesticide collection and disposal after that date.
new text end

Sec. 5.

Minnesota Statutes 2006, section 18B.065, subdivision 7, is amended to read:

Subd. 7.

Cooperative agreements.

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

Sec. 6.

Minnesota Statutes 2006, section 18B.07, subdivision 2, is amended to read:

Subd. 2.

Prohibited pesticide use.

(a) A person may not use, store, handle,
distribute, or dispose of a pesticide, rinsate, pesticide container, or pesticide application
equipment in a manner:

(1) that is inconsistent with a label or labeling as defined by FIFRA;

(2) that endangers humans, damages agricultural products, food, livestock, fish,
or wildlife; or

(3) that will cause unreasonable adverse effects on the environment.

(b) A person may not direct a pesticide onto property beyond the boundaries of the
target site. A person may not apply a pesticide resulting in damage to adjacent property.

(c) A person may not directly apply a pesticide on a human by overspray or target
site spray, except when:

(1) the pesticide is intended for use on a human;

(2) the pesticide application is for mosquito control operations;

(3) the pesticide application is for control of gypsy moth, forest tent caterpillar,
or other pest species, as determined by the commissioner, and the pesticide used is a
biological agent; or

(4) the pesticide application is for a public health risk, as determined by the
commissioner of health, and the commissioner of health, in consultation with the
commissioner of agriculture, determines that the application is warranted based on
the commissioner's balancing of the public health risk with the risk that the pesticide
application poses to the health of the general population, with special attention to the
health of children.

(d) For pesticide applications under paragraph (c), clause (2), the following
conditions apply:

(1) no practicable and effective alternative method of control exists;

(2) the pesticide is among the least toxic available for control of the target pest; and

(3) notification to residents in the area to be treated is provided at least 24 hours
before application through direct notification, posting daily on the treating organization's
Web site, if any, and by sending a broadcast e-mail to those persons who request
notification of such, of those areas to be treated by adult mosquito control techniques
during the next calendar day. For control operations related to human disease, notice under
this paragraph may be given less than 24 hours in advance.

(e) For pesticide applications under paragraph (c), clauses (3) and (4), the following
conditions apply:

(1) no practicable and effective alternative method of control exists;

(2) the pesticide is among the least toxic available for control of the target pest; and

(3) notification of residents in the area to be treated is provided by direct notification
and through publication in a newspaper of general circulation within the affected area.

(f) For purposes of this subdivision, "direct notification" may include mailings,
public meetings, posted placards, neighborhood newsletters, or other means of contact
designed to reach as many residents as possible. Public meetings held to meet this
requirement for adult mosquito control, under paragraph (d), must be held within each
city or town where the pesticide treatments are to be made, at a time and location that is
convenient for residents of the area where the treatments will occur.

(g) A person may not apply a pesticide in a manner so as to expose a worker in an
immediately adjacent, open field.

new text begin (h) Except for public health purposes, it is a violation of this chapter to apply for hire
a pesticide to the incorrect site or to a site where an application has not been requested,
ordered, or contracted for by the property owner or lawful manager or property manager
of the site, notwithstanding that the application is done in a manner consistent with the
label or labeling.
new text end

Sec. 7.

Minnesota Statutes 2007 Supplement, 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 0.4 percent of annual gross sales
within the state and annual gross sales of pesticides used in the state, with a minimum
nonrefundable fee 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. deleted text begin The commissioner shall spend at least $400,000,
not including the commissioner's administrative costs, per fiscal year from the pesticide
regulatory account for the purposes of the waste pesticide collection program. deleted text end new text begin In each
fiscal year, the commissioner shall allocate from the pesticide regulatory account a sum
sufficient to collect and dispose of waste pesticides under section 18B.065. However,
notwithstanding section 18B.065, if at the end of any fiscal year the balance in the pesticide
regulatory account is less than $1,000,000, the commissioner may suspend waste pesticide
collections or provide partial payment to a person for waste pesticide collection. The
commissioner must notify as soon as possible and no later than August 1 a person under
contract to collect waste pesticides of an anticipated suspension or payment reduction.
new text end

(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.

(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 begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008, and applies to all
cooperative agreements entered into by the commissioner of agriculture and local units of
government for waste pesticide collection and disposal after that date.
new text end

Sec. 8.

Minnesota Statutes 2006, section 18D.305, subdivision 2, is amended to read:

Subd. 2.

Revocation and suspension.

new text begin (a) new text end The commissioner may, after written
notice and hearing, revoke, suspend, or refuse to grant or renew a registration, permit,
license, or certification if a person violates a provision of this chapter or has a history
within the last three years of violations of this chapter.

new text begin (b) The commissioner may refuse to accept an application for a registration, permit,
license, or certification, and may revoke or suspend a previously issued registration,
permit, license, or certification of a person from another state if that person has:
new text end

new text begin (1) had a registration, permit, license, or certification denied, revoked, or suspended
by another state for an offense reasonably related to the requirements, qualifications, or
duties of a registration, permit, license, or certification issued under chapter 18B or 18C; or
new text end

new text begin (2) been convicted of a violation, had a history of violations, or been subject to a
final order imposing civil penalties authorized under the Federal Insecticide, Fungicide
and Rodenticide Act (FIFRA), as amended.
new text end

Sec. 9.

Minnesota Statutes 2006, section 18E.04, subdivision 2, is amended to read:

Subd. 2.

Payment of corrective action costs.

(a) On request by an eligible person,
the board may pay the eligible person for the reasonable and necessary cash disbursements
for corrective action costs incurred by the eligible person as provided under subdivision 4
if the board determines:

(1) the eligible person pays the first $1,000 of the corrective action costs;

(2) the eligible person provides the board with a sworn affidavit and other convincing
evidence that the eligible person is unable to pay additional corrective action costs;

(3) the eligible person continues to assume responsibility for carrying out the
requirements of corrective action orders issued to the eligible person or that are in effect;

(4) the incident was reported as required in chapters 18B, 18C, and 18D; and

(5) the eligible person submits an application for payment or reimbursement to the
department new text begin , along with associated invoices, new text end within three years of (i) deleted text begin incurring eligible
corrective action costs deleted text end new text begin performance of the eligible work new text end , or (ii) approval of deleted text begin a deleted text end new text begin the related new text end
corrective action design new text begin or plan for that work new text end , whichever is later.

(b) The eligible person must submit an application for payment or reimbursement of
eligible cost incurred prior to July 1, 2001, no later than June 1, 2004.

(c) An eligible person is not eligible for payment or reimbursement and must refund
amounts paid or reimbursed by the board if false statements or misrepresentations are
made in the affidavit or other evidence submitted to the commissioner to show an inability
to pay corrective action costs.

(d) The board may pay the eligible person and one or more designees by multiparty
check.

Sec. 10.

Minnesota Statutes 2006, section 28A.03, is amended by adding a subdivision
to read:

new text begin Subd. 10. new text end

new text begin Vending machine. new text end

new text begin "Vending machine" means a self-service device that,
upon insertion of a coin, paper currency, token, card, or key, dispenses unit servings of
food in bulk or in packages without the necessity of replenishing the device between
each vending operation.
new text end

Sec. 11.

Minnesota Statutes 2006, section 28A.08, is amended to read:

28A.08 LICENSE FEES; PENALTIES.

Subdivision 1.

General.

License fees, penalties for late renewal of licenses, and
penalties for not obtaining a license before conducting business in food handling that are
set in this section apply to the sections named except as provided under section 28A.09.
Except as specified herein, bonds and assessments based on number of units operated or
volume handled or processed which are provided for in said laws shall not be affected,
nor shall any penalties for late payment of said assessments, nor shall inspection fees, be
affected by this chapter. The penalties may be waived by the commissioner. Fees for all
new licenses must be based on the anticipated future gross annual food sales. new text begin If a firm is
found to be operating for multiple years without paying license fees, the state may collect
the appropriate fees and penalties for each year of operation. new text end

Subd. 3.

Fees effective July 1, 2003.

				Penalties
Type of food handler			License Fee Effective July 1, 2003	Late Renewal	No License
1.	Retail food handler
	(a) Having gross sales of only prepackaged nonperishable food of less than $15,000 for the immediately previous license or fiscal year and filing a statement with the commissioner		$ 50	$ 17	$ 33
	(b) Having under $15,000 gross sales new text begin or service new text end including food preparation or having $15,000 to $50,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year		$ 77	$ 25	$ 51
	(c) Having $50,001 to $250,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year		$155	$ 51	$102
	(d) Having $250,001 to $1,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year		$276	$ 91	$ 182
	(e) Having $1,000,001 to $5,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year		$799	$264	$527
	(f) Having $5,000,001 to $10,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year		$1,162	$383	$767
	(g) Having $10,000,001 to $15,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year		$1,376	$454	$908
	(h) Having $15,000,001 to $20,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year		$1,607	$530	$1,061
	(i) Having $20,000,001 to $25,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year		$1,847	$610	$1,219
	(j) Having over $25,000,001 gross sales new text begin or service new text end for the immediately previous license or fiscal year		$2,001	$660	$1,321
2.	Wholesale food handler
	(a) Having gross sales or service of less than $25,000 for the immediately previous license or fiscal year		$ 57	$ 19	$ 38
	(b) Having $25,001 to $250,000 gross sales or service for the immediately previous license or fiscal year		$284	$ 94	$187
	(c) Having $250,001 to $1,000,000 gross sales or service from a mobile unit without a separate food facility for the immediately previous license or fiscal year		$444	$147	$293
	(d) Having $250,001 to $1,000,000 gross sales or service not covered under paragraph (c) for the immediately previous license or fiscal year		$590	$195	$389
	(e) Having $1,000,001 to $5,000,000 gross sales or service for the immediately previous license or fiscal year		$769	$254	$508
	(f) Having $5,000,001 to $10,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year		$920	$304	$607
	(g) Having $10,000,001 to $15,000,000 gross sales or service for the immediately previous license or fiscal year		$990	$327	$653
	(h) Having $15,000,001 to $20,000,000 gross sales or service for the immediately previous license or fiscal year		$1,156	$381	$763
	(i) Having $20,000,001 to $25,000,000 gross sales or service for the immediately previous license or fiscal year		$1,329	$439	$877
	(j) Having over $25,000,001 or more gross sales or service for the immediately previous license or fiscal year		$1,502	$496	$991
3.	Food broker		$150	$ 50	$ 99
4.	Wholesale food processor or manufacturer
	(a) Having gross sales new text begin or service new text end of less than $125,000 for the immediately previous license or fiscal year		$169	$ 56	$112
	(b) Having $125,001 to $250,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year		$392	$129	$259
	(c) Having $250,001 to $1,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year		$590	$195	$389
	(d) Having $1,000,001 to $5,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year		$769	$254	$508
	(e) Having $5,000,001 to $10,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year		$920	$304	$607
	(f) Having $10,000,001 to $15,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year		$1,377	$454	$909
	(g) Having $15,000,001 to $20,000,000 gross sales or service for the immediately previous license or fiscal year		$1,608	$531	$1,061
	(h) Having $20,000,001 to $25,000,000 gross sales or service for the immediately previous license or fiscal year		$1,849	$610	$1,220
	(i) Having $25,000,001 to $50,000,000 gross sales or service for the immediately previous license or fiscal year		$2,090	$690	$1,379
	(j) Having $50,000,001 to $100,000,000 gross sales or service for the immediately previous license or fiscal year		$2,330	$769	$1,538
	(k) Having $100,000,000 or more gross sales or service for the immediately previous license or fiscal year		$2,571	$848	$1,697
5.	Wholesale food processor of meat or poultry products under supervision of the U.S. Department of Agriculture
	(a) Having gross sales new text begin or service new text end of less than $125,000 for the immediately previous license or fiscal year		$112	$ 37	$ 74
	(b) Having $125,001 to $250,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year		$214	$ 71	$141
	(c) Having $250,001 to $1,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year		$333	$110	$220
	(d) Having $1,000,001 to $5,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year		$425	$140	$281
	(e) Having $5,000,001 to $10,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year		$521	$172	$344
	(f) Having over $10,000,001 gross sales new text begin or service new text end for the immediately previous license or fiscal year		$765	$252	$505
	(g) Having $15,000,001 to $20,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year		$893	$295	$589
	(h) Having $20,000,001 to $25,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year		$1,027	$339	$678
	(i) Having $25,000,001 to $50,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year		$1,161	$383	$766
	(j) Having $50,000,001 to $100,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year		$1,295	$427	$855
	(k) Having $100,000,001 or more gross sales new text begin or service new text end for the immediately previous license or fiscal year		$1,428	$471	$942
6.	Wholesale food processor or manufacturer operating only at the State Fair		$125	$ 40	$ 50
7.	Wholesale food manufacturer having the permission of the commissioner to use the name Minnesota Farmstead cheese		$ 30	$ 10	$ 15
8.	Nonresident frozen dairy manufacturer		$200	$ 50	$ 75
9.	Wholesale food manufacturer processing less than 700,000 pounds per year of raw milk		$ 30	$ 10	$ 15
10.	A milk marketing organization without facilities for processing or manufacturing that purchases milk from milk producers for delivery to a licensed wholesale food processor or manufacturer		$ 50	$ 15	$ 25

Sec. 12.

Minnesota Statutes 2006, section 28A.082, is amended by adding a
subdivision to read:

new text begin Subd. 3. new text end

new text begin Disaster areas. new text end

new text begin If the governor declares a disaster in an area of the
state, the commissioner of agriculture may waive the plan review fee and direct agency
personnel to expedite the plan review process.
new text end

Sec. 13.

Minnesota Statutes 2006, section 28A.09, subdivision 1, is amended to read:

Subdivision 1.

Annual fee; exceptions.

Every deleted text begin coin-operated deleted text end food vending machine
is subject to an annual state inspection fee of $25 for each nonexempt machine except
nut vending machines which are subject to an annual state inspection fee of $10 for each
machine, provided that:

(a) Food vending machines may be inspected by either a home rule charter or
statutory city, or a county, but not both, and if inspected by a home rule charter or statutory
city, or a county they shall not be subject to the state inspection fee, but the home rule
charter or statutory city, or the county may impose an inspection or license fee of no more
than the state inspection fee. A home rule charter or statutory city or county that does
not inspect food vending machines shall not impose a food vending machine inspection
or license fee.

(b) Vending machines dispensing only gum balls, hard candy, unsorted candy, or ice
manufactured and packaged by another deleted text begin shall be deleted text end new text begin , and water dispensing machines serviced
by a cashier, are new text end exempt from the state inspection fee, but may be inspected by the state. A
home rule charter or statutory city may impose by ordinance an inspection or license fee
of no more than the state inspection fee for nonexempt machines on the vending machines
new text begin and water dispensing machines new text end described in this paragraph. A county may impose
by ordinance an inspection or license fee of no more than the state inspection fee for
nonexempt machines on the vending machines new text begin and water dispensing machines new text end described
in this paragraph which are not located in a home rule charter or statutory city.

(c) Vending machines dispensing only bottled or canned soft drinks are exempt from
the state, home rule charter or statutory city, and county inspection fees, but may be
inspected by the commissioner or the commissioner's designee.

Sec. 14.

Minnesota Statutes 2006, section 29.23, is amended to read:

29.23 GRADING.

Subdivision 1.

Grades, weight classes and standards for quality.

All eggs
purchased on the basis of grade by the first licensed buyer shall be graded in accordance
with grade and weight classes established by the commissioner. The commissioner shall
establish, by rule, and from time to time, may amend or revise, grades, weight classes,
and standards for quality. When grades, weight classes, and standards for quality have
been fixed by the secretary of the Department of Agriculture of the United States, they
deleted text begin may deleted text end new text begin must new text end be accepted and published by the commissioner as definitions or standards for
eggs in interstate new text begin and intrastate new text end commerce.

Subd. 2.

Equipment.

The commissioner shall also by rule provide for minimum
plant and equipment requirements for candling, grading, handling and storing eggs, and
shall define candling. Equipment in use new text begin by a wholesale food handler new text end before July 1, 1991,
that does not meet the design and fabrication requirements of this chapter may remain in
use if it is in good repair, capable of being maintained in a sanitary condition, and capable
of maintaining a temperature of 45 degrees Fahrenheit (7 degrees Celsius) or less.

Subd. 3.

Egg temperature.

Eggs must be held at a temperature not to exceed 45
degrees Fahrenheit (7 degrees Celsius) after being received by the egg handler except for
cleaning, sanitizing, grading, and further processing when they must immediately be
placed under refrigeration that is maintained at 45 degrees Fahrenheit (7 degrees Celsius)
or below. Eggs offered for deleted text begin retail deleted text end sale new text begin by a retail food handler new text end must be held at a temperature
not to exceed deleted text begin 45 deleted text end new text begin 41 new text end degrees Fahrenheit (7 degrees Celsius). Equipment in use prior to
August 1, 1991, is not subject to this requirement. new text begin Shell eggs that have been frozen must
not be offered for sale except as approved by the commissioner.
new text end

Subd. 4.

Vehicle temperature.

A vehicle used deleted text begin for the transportation of deleted text end new text begin to transport
new text end shell eggs from a warehouse, retail store, candling and grading facility, or egg holding
facility must have an ambient air temperature of 45 degrees Fahrenheit (7 degrees Celsius)
or below.

Sec. 15.

Minnesota Statutes 2006, section 31.05, is amended to read:

31.05 EMBARGOES AND CONDEMNATIONS.

Subdivision 1.

new text begin Definitions. new text end

new text begin As used in this section, "animals" means cattle; swine;
sheep; goats; poultry; farmed cervidae, as defined in section 35.153, subdivision 3;
llamas, as defined in section 17.455, subdivision 2; ratitae, as defined in section 17.453,
subdivision 3; equines; and other large domesticated animals.
new text end

new text begin Subd. 1a. new text end

Tag or notice.

A duly authorized agent of the commissioner who finds or
has probable cause to believe that any food new text begin , animal, new text end or consumer commodity is adulterated
or so misbranded as to be dangerous or fraudulent, or is in violation of section 31.131
shall affix to such article new text begin or animal new text end a tag or other appropriate marking giving notice that
such article new text begin or animal new text end is, or is suspected of being, adulterated or misbranded and has
been detained or embargoed, and warning all persons not to remove or dispose of such
article new text begin or animal new text end by sale or otherwise until permission for removal or disposal is given by
such agent or the court. It shall be unlawful for any person to remove or dispose of such
detained or embargoed article new text begin or animal new text end by sale or otherwise without such permission.

Subd. 2.

Action for condemnation.

When an article new text begin or animal new text end detained or
embargoed under subdivision 1 has been found by such agent to be adulterated, or
misbranded, the agent shall petition the district court in the county in which the article new text begin or
animal new text end is detained or embargoed for an order and decree for the condemnation of such
article new text begin or animal new text end . Any such agent who has found that an article new text begin or animal new text end so detained or
embargoed is not adulterated or misbranded, shall remove the tag or other marking.

Subd. 3.

Remedies.

If the court finds that a detained or embargoed article new text begin or animal new text end
is adulterated or misbranded, such article new text begin or animal new text end shall, after entry of the decree, be
destroyed at the expense of the claimant thereof, under the supervision of such agent, and
all court costs and fees, and storage and other proper expenses, shall be taxed against
the claimant of such article new text begin or animal new text end or the claimant's agent; provided, that when the
adulteration or misbranding can be corrected by proper labeling or processing of the article new text begin
or animal new text end , the court, after entry of the decree and after such costs, fees, and expenses have
been paid and a good and sufficient bond, conditioned that such article new text begin or animal new text end shall be
so labeled or processed, has been executed, may by order direct that such article new text begin or animal new text end
be delivered to claimant thereof for such labeling or processing under the supervision of
an agent of the commissioner. The expense of such supervision shall be paid by claimant.
The article new text begin or animal new text end shall be returned to the claimant and the bond shall be discharged on
the representation to the court by the commissioner that the article new text begin or animal new text end is no longer
in violation and that the expenses of such supervision have been paid.

Subd. 4.

Duties of commissioner.

Whenever the commissioner or any of the
commissioner's authorized agents shall find in any room, building, vehicle of transportation
or other structure, any meat, seafood, poultry, vegetable, fruit new text begin , new text end or other perishable articles
of food which are unsound, or contain any filthy, decomposed new text begin , new text end or putrid substance, or that
may be poisonous or deleterious to health or otherwise unsafe, the same being hereby
declared to be a nuisance, the commissioner, or the commissioner's authorized agent, shall
forthwith condemn or destroy the same, or in any other manner render the same unsalable
as human food, and no one shall have any cause of action against the commissioner or the
commissioner's authorized agent on account of such action.

Subd. 5.

Emergency response.

In the event of an emergency declared by the
governor's order under section 12.31, if the commissioner finds or has probable cause to
believe that deleted text begin a deleted text end new text begin livestock, new text end food new text begin , new text end or new text begin a new text end consumer commodity within a specific area is likely
to be adulterated because of the emergency or so misbranded as to be dangerous or
fraudulent, or is in violation of section 31.131, subdivision 1, the commissioner may
embargo a geographic area that is included in the declared emergency. The commissioner
shall provide notice to the public and to those with custody of the product in as thorough a
manner as is practical under the emergency circumstances.

Sec. 16.

Minnesota Statutes 2006, section 31.171, is amended to read:

31.171 EMPLOYMENT OF DISEASED PERSON.

It shall be unlawful for any person to work in or about any place where any fruit
or any food products are manufactured, packed, stored, deposited, collected, prepared,
produced or sold, whose condition is such that disease may be spread to associates direct,
or through the medium of milk, cream, butter, other food or food products, likely to be
eaten without being cooked after handling, whether such condition be due to a contagious deleted text begin , deleted text end new text begin
or new text end infectious deleted text begin , or venereal deleted text end disease, in its active or convalescent stage, or to the presence of
disease germs, whether accompanied by, or without, any symptoms of the disease itself.

It shall be the duty of the commissioner, or the commissioner's assistant, inspector, or
agent, to report to the state commissioner of health for investigation, any person suspected
to be dangerous to the public health, as provided for in this section, and immediately to
exclude such person from such employment pending investigation and during the period
of infectiousness, if such person is certified by the state commissioner of health, or an
authorized agent, to be dangerous to the public health.

Sec. 17.

Minnesota Statutes 2007 Supplement, section 31.175, is amended to read:

31.175 WATER, PLUMBING, AND SEWAGE.

A person who is required by statutes administered by the Department of Agriculture,
or by rules adopted pursuant to those statutes, to provide a suitable water supply,
or plumbing or sewage disposal system deleted text begin , may deleted text end new text begin shall new text end not engage in the business of
manufacturing, processing, selling, handling, or storing food at wholesale or retail
unless the person's water supply is satisfactory deleted text begin under plumbing codes deleted text end new text begin pursuant to rules
adopted by the Department of Health, the person's plumbing is satisfactory pursuant to
rules new text end adopted by the Department of Labor and Industry new text begin , new text end and the person's sewage disposal
system satisfies the rules of the Pollution Control Agency.

Sec. 18.

new text begin [32.416] SOMATIC CELL COUNT, GOAT MILK.
new text end

new text begin Notwithstanding any federal standard incorporated by reference in this chapter, the
maximum allowable somatic cell count for raw goat milk is 1,500,000 cells per milliliter.
new text end

Sec. 19.

Minnesota Statutes 2007 Supplement, section 35.244, is amended to read:

35.244 deleted text begin RULES FOR deleted text end CONTROL OF BOVINE TUBERCULOSIS.

new text begin Subdivision 1. new text end

new text begin Designation of zones. new text end

new text begin The board has the authority to control
tuberculosis and the movement of cattle, bison, goats, and farmed cervidae within and
between tuberculosis zones in the state. Zones within the state may be designated
as accreditation preparatory, modified accredited, modified accredited advanced, or
accredited free as those terms are defined in Code of Federal Regulations, title 9, part 77.
new text end

new text begin Subd. 2. new text end

new text begin Control within modified accredited zone. new text end

new text begin In a modified accredited
zone, the board has the authority to:
new text end

new text begin (1) require owners of cattle, bison, goats, or farmed cervidae to report personal
contact information and location of livestock to the board;
new text end

new text begin (2) require a permit or movement certificates for all cattle, bison, goats, and farmed
cervidae moving between premises within the zone or leaving or entering the zone;
new text end

new text begin (3) require official identification of all cattle, bison, goats, and farmed cervidae
within the zone or leaving or entering the zone;
new text end

new text begin (4) require a negative tuberculosis test within 60 days prior to movement for any
individual cattle, bison, goats, or farmed cervidae leaving the zone with the exception of
cattle moving under permit directly to a slaughter facility under state or federal inspection;
new text end

new text begin (5) require a whole-herd tuberculosis test within 12 months prior to moving breeding
cattle out of the zone;
new text end

new text begin (6) require annual herd inventories on all cattle, bison, goat, or farmed cervidae
herds;
new text end

new text begin (7) require that a risk assessment be performed to evaluate the interaction of
free-ranging deer with cattle, bison, goat, and farmed cervidae herds and require the owner
to implement the recommendations of the risk assessment; and
new text end

new text begin (8) provide financial assistance to a person who fences a cattle feeding area.
new text end

new text begin Subd. 3. new text end

new text begin Authority to adopt rules. new text end

The board may adopt rules to provide for the
control of tuberculosis in cattle. The rules may include provisions for quarantine, tests,
and such other measures as the board deems appropriate. Federal regulations, as provided
by Code of Federal Regulations, title 9, part 77, and the Bovine Tuberculosis Eradication
Uniform Methods and Rules, are incorporated as part of the rules in this 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. 20.

Minnesota Statutes 2007 Supplement, section 41A.105, subdivision 2, is
amended to read:

Subd. 2.

NextGen Energy Board.

There is created a NextGen Energy Board
consisting of the commissioners of agriculture, commerce, natural resources, the Pollution
Control Agency, and employment and economic development; the chairs of the house and
senate committees with jurisdiction over energy finance; the chairs of the house and senate
committees with jurisdiction over agriculture finance; one member of the second largest
political party in the house, as appointed by the chairs of the house committees with
jurisdiction over agriculture finance and energy finance; one member of the second largest
political party in the senate, as appointed by the chairs of the senate committees with
jurisdiction over agriculture finance and energy finance; and the executive director of the
Agricultural Utilization Research Institute. In addition, the governor shall appoint deleted text begin seven deleted text end new text begin
eight new text end members: two representing statewide agriculture organizations; two representing
statewide environment and natural resource conservation organizations; one representing
the University of Minnesota; one representing the Minnesota Institute for Sustainable
Agriculture; deleted text begin and deleted text end one representing the Minnesota State Colleges and Universities system new text begin ;
and one representing the forest products industry new text end .

Sec. 21.

Minnesota Statutes 2006, section 41D.01, subdivision 4, is amended to read:

Subd. 4.

Expiration.

This section expires on June 30, deleted text begin 2008 deleted text end new text begin 2013 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. 22.

Minnesota Statutes 2006, section 97A.028, subdivision 3, is amended to read:

Subd. 3.

Emergency deterrent materials assistance.

(a) For the purposes of this
subdivision, "cooperative damage management agreement" means an agreement between
a landowner or tenant and the commissioner that establishes a program for addressing the
problem of destruction of the landowner's or tenant's specialty crops or stored forage crops
by wild animals, or destruction of agricultural crops by flightless Canada geese.

(b) A landowner or tenant may apply to the commissioner for emergency deterrent
materials assistance in controlling destruction of the landowner's or tenant's specialty
crops or stored forage crops by wild animals, or destruction of agricultural crops by
flightless Canada geese. Subject to the availability of money appropriated for this purpose,
the commissioner shall provide suitable deterrent materials when the commissioner
determines that:

(1) immediate action is necessary to prevent significant damage from continuing
deleted text begin or to prevent the spread of bovine tuberculosis deleted text end ; and

(2) a cooperative damage management agreement cannot be implemented
immediately.

(c) A person may receive emergency deterrent materials assistance under this
subdivision more than once, but the cumulative total value of deterrent materials provided
to a person, or for use on a parcel, may not exceed $3,000 for specialty crops, deleted text begin $5,000 for
measures to prevent the spread of bovine tuberculosis within a five-mile radius of a cattle
herd that is infected with bovine tuberculosis as determined by the Board of Animal
Health, deleted text end $750 for protecting stored forage crops, or $500 for agricultural crops damaged by
flightless Canada geese. If a person is a co-owner or cotenant with respect to the specialty
crops for which the deterrent materials are provided, the deterrent materials are deemed to
be "provided" to the person for the purposes of this paragraph.

(d) As a condition of receiving emergency deterrent materials assistance under this
subdivision, a landowner or tenant shall enter into a cooperative damage management
agreement with the commissioner. Deterrent materials provided by the commissioner may
include repellents, fencing materials, or other materials recommended in the agreement
to alleviate the damage problem. If requested by a landowner or tenant, any fencing
materials provided must be capable of providing long-term protection of specialty crops.
A landowner or tenant who receives emergency deterrent materials assistance under
this subdivision shall comply with the terms of the cooperative damage management
agreement.

Sec. 23.

Minnesota Statutes 2006, section 148.01, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For the purposes of sections 148.01 to 148.10 deleted text begin , deleted text end new text begin :
new text end

new text begin (1) new text end "chiropractic" is defined as the science of adjusting any abnormal articulations of
the human body, especially those of the spinal column, for the purpose of giving freedom
of action to impinged nerves that may cause pain or deranged function new text begin ; and
new text end

new text begin (2) "animal chiropractic diagnosis and treatment" means treatment that includes,
but is not limited to, identifying and resolving vertebral subluxation complexes, spinal
manipulation, and manipulation of the extremity articulations of nonhuman vertebrates.
Animal chiropractic diagnosis and treatment does not include:
new text end

new text begin (i) performing surgery;
new text end

new text begin (ii) dispensing or administering of medications; or
new text end

new text begin (iii) performing traditional veterinary care and diagnosis new text end .

Sec. 24.

Minnesota Statutes 2006, section 148.01, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Animal chiropractic practice. new text end

new text begin A licensed chiropractor may engage in the
practice of animal chiropractic diagnosis and treatment if registered to do so by the board.
new text end

Sec. 25.

Minnesota Statutes 2006, section 148.01, is amended by adding a subdivision
to read:

new text begin Subd. 1b. new text end

new text begin Scope of practice; animal chiropractic. new text end

new text begin Criteria for registration
to engage in the practice of animal chiropractic diagnosis and treatment must be set
by the board, and must include, but are not limited to: active chiropractic license;
education and training in the field of animal chiropractic from an American Veterinary
Chiropractic Association, International Veterinary Chiropractic Association, or higher
institution-approved course consisting of no less than 210 hours, meeting continuing
education requirements; and other conditions and rules set by the board.
new text end

Sec. 26.

Minnesota Statutes 2006, section 148.01, is amended by adding a subdivision
to read:

new text begin Subd. 1c. new text end

new text begin Titles. new text end

new text begin Notwithstanding the limitations established in section 156.12,
subdivision 4, a doctor of chiropractic properly registered to provide chiropractic care to
animals in accordance with this chapter and rules of the board may use the title "animal
chiropractor."
new text end

Sec. 27.

Minnesota Statutes 2006, section 148.01, is amended by adding a subdivision
to read:

new text begin Subd. 1d. new text end

new text begin Provisional interim statute. new text end

new text begin Upon approval by the board, a licensed
chiropractor who has already taken and passed the education and training requirement
set forth in subdivision 1b may engage in the practice of animal chiropractic during the
time that the rules are being promulgated by the board. Enforcement actions may not
be taken against persons who have completed the approved program of study by the
American Veterinary Chiropractic Association or the International Veterinary Chiropractic
Association until the rules have been adopted by the board.
new text end

Sec. 28.

new text begin [148.032] EDUCATIONAL CRITERIA FOR LICENSURE IN ANIMAL
CHIROPRACTIC DIAGNOSIS AND TREATMENT; RECORDS; TREATMENT
NOTES.
new text end

new text begin (a) The following educational criteria must be applied to any licensed chiropractor
who requests registration in animal chiropractic diagnosis and treatment. The criteria must
include education and training in the following subjects:
new text end

new text begin (1) anatomy;
new text end

new text begin (2) anatomy laboratory;
new text end

new text begin (3) biomechanics and gait;
new text end

new text begin (4) chiropractic educational basics;
new text end

new text begin (5) animal chiropractic diversified adjusting technique, including:
new text end

new text begin (i) lecture cervical;
new text end

new text begin (ii) thoracic;
new text end

new text begin (iii) lumbosacral;
new text end

new text begin (iv) pelvic; and
new text end

new text begin (v) extremity;
new text end

new text begin (6) animal chiropractic diversified adjusting technique, including:
new text end

new text begin (i) laboratory cervical;
new text end

new text begin (ii) thoracic;
new text end

new text begin (iii) lumbosacral;
new text end

new text begin (iv) pelvic; and
new text end

new text begin (v) extremity;
new text end

new text begin (7) case management and case studies;
new text end

new text begin (8) chiropractic philosophy;
new text end

new text begin (9) ethics and legalities;
new text end

new text begin (10) neurology, neuroanatomy, and neurological conditions;
new text end

new text begin (11) pathology;
new text end

new text begin (12) radiology;
new text end

new text begin (13) research in current chiropractic and veterinary topics;
new text end

new text begin (14) rehabilitation, current topics, evaluation, and assessment;
new text end

new text begin (15) normal foot anatomy and normal foot care;
new text end

new text begin (16) saddle fit and evaluation, lecture, and laboratory;
new text end

new text begin (17) veterinary educational basics;
new text end

new text begin (18) vertebral subluxation complex; and
new text end

new text begin (19) zoonotic diseases.
new text end

new text begin (b) A licensed chiropractor requesting registration in animal chiropractic diagnosis
and treatment must have completed and passed a course of study from an American
Veterinary Chiropractic Association, International Veterinary Chiropractic Association, or
higher institution-approved program, consisting of no less than 210 hours of education
and training as set forth in paragraph (a).
new text end

new text begin (c) A licensed chiropractor engaged in the practice of animal chiropractic diagnosis
and treatment must maintain complete and accurate records and patient files in the
chiropractor's office for at least three years.
new text end

new text begin (d) A licensed chiropractor engaged in the practice of animal chiropractic diagnosis
and treatment must make treatment notes and records available to the patient's owner
upon request and must communicate their findings and treatment plan with the referring
veterinarian, or the animal's veterinarian if the animal has not been referred by a
veterinarian.
new text end

Sec. 29.

new text begin [148.033] ANIMAL CHIROPRACTIC CONTINUING EDUCATION
HOURS.
new text end

new text begin Any chiropractor engaged in the practice of animal chiropractic diagnosis and
treatment applying for renewal of a registration related to animal chiropractic diagnosis
and treatment must have completed a minimum of six hours annually of continuing
education in animal chiropractic diagnosis and treatment, in addition to the required 20
hours annually of continuing education in human chiropractic under this chapter. The
continuing education course attended for purposes of complying with this section must be
approved by the board prior to attendance by the chiropractor.
new text end

Sec. 30.

Laws 2007, chapter 45, article 1, section 3, subdivision 3, is amended to read:

Subd. 3. Agricultural Marketing and Development

8,547,000

5,157,000

$186,000 the first year and $186,000 the
second year are for transfer to the Minnesota
grown account and may be used as grants
for Minnesota grown promotion under
Minnesota Statutes, section 17.102. Grants
may be made for one year. Notwithstanding
Minnesota Statutes, section 16A.28, the
appropriations encumbered under contract on
or before June 30, 2009, for Minnesota grown
grants in this paragraph are available until
June 30, 2011. $50,000 of the appropriation
in each year is for efforts that identify
and promote Minnesota grown products
in retail food establishments including but
not limited to restaurants, grocery stores,
and convenience stores. The balance in the
Minnesota grown matching account in the
agricultural fund is canceled to the Minnesota
grown account in the agricultural fund and
the Minnesota grown matching account is
abolished.

$160,000 the first year and $160,000 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, 2009, for sustainable
agriculture grants in this paragraph are
available until June 30, 2011.

$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 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.

$103,000 the first year and $106,000 the
second year are for additional integrated pest
management activities.

$2,500,000 the first year is for the agricultural
best management practices loan program. At
least $2,000,000 is available for pass-through
to local governments and lenders for
low-interest loans. new text begin Any unencumbered
balance does not cancel at the end of the first
year and is available for the second year.
new text end

$1,000,000 the first year is for the agricultural
best management practices loan program for
capital equipment loans for persons using
native, perennial cropping systems for energy
or seed production. This appropriation is
available until spent. * (The preceding text
beginning "$1,000,000 the first year" was
indicated as vetoed by the governor.)

$100,000 the first year and $100,000 the
second year are for annual cost-share
payments to resident farmers or persons
who sell, process, or package agricultural
products in this state for the costs of organic
certification. Annual cost-share payments
per farmer must be two-thirds of the cost
of the certification or $350, whichever is
less. In any year that a resident farmer or
person who sells, processes, or packages
agricultural products in this state receives
a federal organic certification cost-share
payment, that resident farmer or person is
not eligible for state cost-share payments.
A certified farmer is eligible to receive
annual certification cost-share payments for
up to five years. $15,000 each year is for
organic market and program development.
The commissioner may allocate any excess
appropriation in either fiscal year for organic
producer education efforts, assistance for
persons transitioning from conventional
to organic agriculture, or sustainable
agriculture demonstration grants authorized
under Minnesota Statutes, section 17.116,
and pertaining to organic research or
demonstration. Any unencumbered balance
does not cancel at the end of the first year
and is available for the second year.

new text begin EFFECTIVE DATE. new text end

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

Sec. 31.

Laws 2007, chapter 45, article 1, section 3, subdivision 4, is amended to read:

Subd. 4. Bioenergy and Value-Added Agricultural Products

19,918,000

15,168,000

$15,168,000 the first year and $15,168,000
the second year are for ethanol producer
payments under Minnesota Statutes, section
41A.09. If the total amount for which all
producers are eligible in a quarter exceeds
the amount available for payments, the
commissioner shall make payments on a
pro rata basis. If the appropriation exceeds
the total amount for which all producers
are eligible in a fiscal year for scheduled
payments and for deficiencies in payments
during previous fiscal years, the balance
in the appropriation is available to the
commissioner for value-added agricultural
programs including the value-added
agricultural product processing and
marketing grant program under Minnesota
Statutes, section 17.101, subdivision 5. The
appropriation remains available until spent.

$3,000,000 the first year is for grants to
bioenergy projects. The NextGen Energy
Board shall make recommendations to
the commissioner on grants for owners of
Minnesota facilities producing bioenergy,
organizations that provide for on-station,
on-farm field scale research and outreach to
develop and test the agronomic and economic
requirements of diverse stands of prairie
plants and other perennials for bioenergy
systems, or certain nongovernmental
entities. For the purposes of this paragraph,
"bioenergy" includes transportation fuels
derived from cellulosic material as well as
the generation of energy for commercial heat,
industrial process heat, or electrical power
from cellulosic material via gasification
or other processes. The board must give
priority to a bioenergy facility that is at
least 60 percent owned and controlled by
farmers, as defined in Minnesota Statutes,
section 500.24, subdivision 2, paragraph
(n), or natural persons residing in the
county or counties contiguous to where the
facility is located. Grants are limited to 50
percent of the cost of research, technical
assistance, or equipment related to bioenergy
production or $500,000, whichever is less.
Grants to nongovernmental entities for the
development of business plans and structures
related to community ownership of eligible
bioenergy facilities together may not exceed
$150,000. The board shall make a good
faith effort to select projects that have
merit and when taken together represent a
variety of bioenergy technologies, biomass
feedstocks, and geographic regions of the
state. Projects must have a qualified engineer
certification on the technology and fuel
source. Grantees shall provide reports at
the request of the commissioner and must
actively participate in the Agricultural
Utilization Research Institute's Renewable
Energy Roundtable. No later than February
1, 2009, the commissioner shall report on
the projects funded under this appropriation
to the house and senate committees with
jurisdiction over agriculture finance. The
commissioner's costs in administering the
program may be paid from the appropriation.
new text begin Any unencumbered balance does not cancel
at the end of the first year and is available in
the second year.
new text end

$350,000 the first year is for grants to
the Minnesota Institute for Sustainable
Agriculture at the University of Minnesota
to provide funds for on-station and on-farm
field scale research and outreach to develop
and test the agronomic and economic
requirements of diverse stands of prairie
plants and other perennials for bioenergy
systems including, but not limited to,
multiple species selection and establishment,
ecological management between planting
and harvest, harvest technologies, financial
and agronomic risk management, farmer
goal setting and adoption of technologies,
integration of wildlife habitat into
management approaches, evaluation of
carbon and other benefits, and robust policies
needed to induce farmer conversion on
marginal lands. * (The preceding text
beginning "$350,000 the first year" was
indicated as vetoed by the governor.)

$200,000 the first year is for a grant to the
Minnesota Turf Seed Council for basic
and applied agronomic research on native
plants, including plant breeding, nutrient
management, pest management, disease
management, yield, and viability. The grant
recipient may subcontract with a qualified
third party for some or all of the basic
or applied research. The grant recipient
must actively participate in the Agricultural
Utilization Research Institute's Renewable
Energy Roundtable and no later than
February 1, 2009, must report to the house
and senate committees with jurisdiction
over agriculture finance. This is a onetime
appropriation and is available until spent.

$200,000 the first year is for a grant to a joint
venture combined heat and power energy
facility located in Scott or LeSueur County
for the creation of a centrally located biomass
fuel supply depot with the capability of
unloading, processing, testing, scaling, and
storing renewable biomass fuels. The grant
must be matched by at least $3 of nonstate
funds for every $1 of state funds. The grant
recipient must actively participate in the
Agricultural Utilization Research Institute's
Renewable Energy Roundtable and no
later than February 1, 2009, must report
to the house and senate committees with
jurisdiction over agriculture finance. This is
a onetime appropriation and is available until
spent.

$300,000 the first year is for a grant to the
Bois Forte Band of Chippewa for a feasibility
study of a renewable energy biofuels
demonstration facility on the Bois Forte
Reservation in St. Louis and Koochiching
Counties. The grant shall be used by the Bois
Forte Band to conduct a detailed feasibility
study of the economic and technical viability
of developing a multistream renewable
energy biofuels demonstration facility
on Bois Forte Reservation land to utilize
existing forest resources, woody biomass,
and cellulosic material to produce biofuels or
bioenergy. The grant recipient must actively
participate in the Agricultural Utilization
Research Institute's Renewable Energy
Roundtable and no later than February 1,
2009, must report to the house and senate
committees with jurisdiction over agriculture
finance. This is a onetime appropriation and
is available until spent.

$300,000 the first year is for a grant to
the White Earth Band of Chippewa for a
feasibility study of a renewable energy
biofuels production, research, and production
facility on the White Earth Reservation in
Mahnomen County. The grant must be used
by the White Earth Band and the University
of Minnesota to conduct a detailed feasibility
study of the economic and technical viability
of (1) developing a multistream renewable
energy biofuels demonstration facility on
White Earth Reservation land to utilize
existing forest resources, woody biomass,
and cellulosic material to produce biofuels or
bioenergy, and (2) developing, harvesting,
and marketing native prairie plants and seeds
for bioenergy production. The grant recipient
must actively participate in the Agricultural
Utilization Research Institute's Renewable
Energy Roundtable and no later than
February 1, 2009, must report to the house
and senate committees with jurisdiction
over agriculture finance. This is a onetime
appropriation and is available until spent.

$200,000 the first year is for a grant to the Elk
River Economic Development Authority for
upfront engineering and a feasibility study
of the Elk River renewable fuels facility.
The facility must use a plasma gasification
process to convert primarily cellulosic
material, but may also use plastics and other
components from municipal solid waste, as
feedstock for the production of methanol
for use in biodiesel production facilities.
Any unencumbered balance in fiscal year
2008 does not cancel but is available for
fiscal year 2009. Notwithstanding Minnesota
Statutes, section 16A.285, the agency must
not transfer this appropriation. The grant
recipient must actively participate in the
Agricultural Utilization Research Institute's
Renewable Energy Roundtable and no
later than February 1, 2009, must report
to the house and senate committees with
jurisdiction over agriculture finance. This is
a onetime appropriation and is available until
spent.

$200,000 the first year is for a grant to
Chisago County to conduct a detailed
feasibility study of the economic and
technical viability of developing a
multistream renewable energy biofuels
demonstration facility in Chisago, Isanti,
or Pine County to utilize existing forest
resources, woody biomass, and cellulosic
material to produce biofuels or bioenergy.
Chisago County may expend funds to Isanti
and Pine Counties and the University of
Minnesota for any costs incurred as part
of the study. The feasibility study must
consider the capacity of: (1) the seed bank
at Wild River State Park to expand the
existing prairie grass, woody biomass, and
cellulosic material resources in Chisago,
Isanti, and Pine Counties; (2) willing and
interested landowners in Chisago, Isanti, and
Pine Counties to grow cellulosic materials;
and (3) the Minnesota Conservation Corps,
the sentence to serve program, and other
existing workforce programs in east central
Minnesota to contribute labor to these efforts.
The grant recipient must actively participate
in the Agricultural Utilization Research
Institute's Renewable Energy Roundtable and
no later than February 1, 2009, must report
to the house and senate committees with
jurisdiction over agriculture finance. This is
a onetime appropriation and is available until
spent.

new text begin EFFECTIVE DATE. new text end

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

Sec. 32.

Laws 2007, chapter 45, article 1, section 3, subdivision 5, is amended to read:

Subd. 5. Administration and Financial Assistance

7,338,000

6,751,000

$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 . 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.

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

$600,000 the first year is for grants for
fertilizer research as awarded by the
Minnesota Agricultural Fertilizer Research
and Education Council under Minnesota
Statutes, section 18C.71. deleted text begin No later than
February 1, 2009, deleted text end new text begin The amount available to
the commissioner pursuant to Minnesota
Statutes, section 18C.70, subdivision 2, for
administration of this activity is available
until February 1, 2009, by which time new text end the
commissioner shall report to the house and
senate committees with jurisdiction over
agriculture finance. The report must include
the progress and outcome of funded projects
as well as the sentiment of the council
concerning the need for additional research
funded through an industry checkoff fee.

$465,000 the first year and $465,000 the
second year are for payments to county and
district agricultural societies and associations
under Minnesota Statutes, section 38.02,
subdivision 1. Aid payments to county and
district agricultural societies and associations
shall be disbursed not later than July 15 of
each year. These payments are the amount of
aid owed by the state for an annual fair held
in the previous calendar year.

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

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

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

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

$50,000 is for a grant to the University of
Minnesota, Department of Horticultural
Science, Enology Laboratory, to upgrade
and purchase instrumentation to allow
rapid and accurate measurement of enology
components. This is a onetime appropriation
and is available until expended.

Sec. 33. new text begin 2008 FAMILY MOTOR COACH ASSOCIATION EVENT.
new text end

new text begin For the 2008 Family Motor Coach Association event held on the State Fair grounds,
the fee the State Agricultural Society must obtain for expansion of the recreational
camping area license, as required in Minnesota Statutes, section 327.15, shall be 50
percent of the primary license fee prescribed in Minnesota Rules, part 4630.2000.
new text end

Sec. 34. new text begin INDUSTRIAL HEMP DEVELOPMENT AND REGULATION.
new text end

new text begin (a) The Agricultural Utilization Research Institute, in consultation with the
commissioner of agriculture shall create a detailed proposal for establishing industrial
hemp as a cash crop option for Minnesota's agricultural producers. Commercial industrial
hemp production would not be allowed and the commissioner would not promulgate any
administrative rules until the United States Department of Justice, Drug Enforcement
Administration, authorizes a person to commercially grow industrial hemp in the United
States, at which time the commissioner shall evaluate industrial hemp laws in other states
and propose a system of licensure and regulation that does not interfere with the strict
regulation of controlled substances in this state.
new text end

new text begin (b) No later than January 15, 2009, the commissioner shall present the proposal in
paragraph (a) to the house and senate committees with jurisdiction over agriculture and
public safety policy and finance.
new text end

Sec. 35. new text begin VIRAL HEMORRHAGIC SEPTICEMIA TESTING.
new text end

new text begin The commissioners of agriculture, health, and natural resources shall form a work
group and develop a plan for detecting and responding to the presence of the fish virus
Viral Hemorrhagic Septicemia (VHS) in Minnesota. The plan must cover how the joint
laboratory facility at the Departments of Agriculture and Health may be used to provide
testing needed to diagnose and respond to VHS. No later than January 5, 2009, the
commissioners shall present the plan to the chairs of the house and senate committees with
jurisdiction over agriculture, health, and natural resources policy and finance.
new text end

Sec. 36. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2007 Supplement, section 41A.105, subdivision 5, new text end new text begin is repealed.
new text end

ARTICLE 2

BIODIESEL FUEL CONTENT

Section 1.

Minnesota Statutes 2006, section 239.77, as amended by Laws 2007, chapter
62, sections 3 and 4, is amended to read:

239.77 BIODIESEL CONTENT MANDATE.

Subdivision 1.

Biodiesel fuel.

"Biodiesel fuel" means a renewable, biodegradable,
mono alkyl ester combustible liquid fuel that is derived from agricultural new text begin or other
new text end plant oils or animal fats deleted text begin and deleted text end new text begin ; new text end that meets American Society For Testing and Materials
specification D6751-07 for Biodiesel Fuel (B100) Blend Stock for Distillate Fuels new text begin ;
and that is manufactured by a person certified by the BQ-9000 National Biodiesel
Accreditation Program new text end .

Subd. 2.

Minimum content.

new text begin (a) new text end Except as otherwise provided in this section, all
diesel fuel sold or offered for sale in Minnesota for use in internal combustion engines
must contain at least deleted text begin 2.0 percent deleted text end new text begin the stated percentage of new text end biodiesel fuel oil by volume new text begin
on and after the following dates:
new text end

new text begin (1) new text end	new text begin September 29, 2005 new text end	new text begin 2 percent new text end
new text begin (2) new text end	new text begin May 1, 2009 new text end	new text begin 5 percent new text end
new text begin (3) new text end	new text begin May 1, 2012 new text end	new text begin 10 percent new text end
new text begin (4) new text end	new text begin May 1, 2015 new text end	new text begin 20 percent new text end

new text begin The minimum content levels in clauses (3) and (4) are effective during the
months of April, May, June, July, August, September, and October only. The minimum
content for the remainder of the year is five percent. However, if the commissioners of
agriculture, commerce, and the Pollution Control Agency determine, after consultation
with the Biodiesel Task Force and other technical experts, that an American Society for
Testing and Materials specification or equivalent federal standard exists for the specified
biodiesel blend level in those clauses that adequately addresses technical issues associated
with Minnesota's cold weather and publish a notice in the State Register to that effect,
the commissioners may allow the specified biodiesel blend level in those clauses to be
effective year round new text end .

new text begin (b) The minimum content levels in paragraph (a), clauses (3) and (4), become
effective on the date specified only if the commissioners of agriculture, commerce, and the
Pollution Control Agency publish notice in the State Register and provide written notice
to the chairs of the house of representatives and senate committees with jurisdiction over
agriculture, commerce, and transportation policy and finance, at least 270 days prior to the
date of each scheduled increase, that all of the following conditions have been met and the
state is prepared to move to the next scheduled minimum content level:
new text end

new text begin (1) an American Society for Testing and Materials specification or equivalent federal
standard exists for the next minimum diesel-biodiesel blend;
new text end

new text begin (2) a sufficient supply of biodiesel is available and the amount of biodiesel produced
in this state is equal to at least 50 percent of anticipated demand at the next minimum
content level; and
new text end

new text begin (3) adequate blending infrastructure and regulatory protocol are in place in order to
promote biodiesel quality and avoid any potential economic disruption.
new text end

new text begin (c) The commissioners of agriculture, commerce, and the Pollution Control Agency
must consult with the Biodiesel Task Force when assessing and certifying conditions in
paragraph (b), and in general must seek the guidance of the Biodiesel Task Force regarding
biodiesel labeling, enforcement, and other related issues.
new text end

new text begin (d) During a period of biodiesel fuel shortage or a problem with biodiesel quality
that negatively affects the availability of biodiesel fuel, the commissioner of commerce
may temporarily suspend the minimum content requirements in this subdivision until there
is sufficient biodiesel fuel, as defined in subdivision 1, available to fulfill the minimum
content requirements.
new text end

new text begin (e) By February 1, 2012, and periodically thereafter, the commissioner of commerce
shall determine the wholesale diesel price at various pipeline and refinery terminals in
the region, and the biodiesel price at biodiesel plants in the region after any applicable
per gallon federal tax credit is subtracted. The commissioner shall report wholesale price
differences to the governor who, after consultation with the commissioners of commerce
and agriculture, may by executive order adjust the biodiesel mandate if a price disparity
reported by the commissioner will cause economic hardship to retailers of diesel fuel
in this state. Any adjustment must be for a specified period of time, after which the
percentage of biodiesel fuel to be blended into diesel fuel returns to the amount required in
this subdivision. The biodiesel mandate must not be adjusted to less than five percent.
new text end

Subd. 3.

Exceptions.

(a) The minimum content deleted text begin requirement deleted text end new text begin requirements new text end of
subdivision 2 deleted text begin does deleted text end new text begin do new text end not apply to fuel used in the following equipment:

(1) motors located at an electric generating plant regulated by the Nuclear
Regulatory Commission;

(2) railroad locomotives; deleted text begin and
deleted text end

(3) off-road taconite and copper mining equipment and machinery new text begin ;
new text end

new text begin (4) off-road logging equipment and machinery; and
new text end

new text begin (5) vehicles and equipment used exclusively on an aircraft landing field new text end .

(b) The exemption in paragraph (a), clause (1), expires 30 days after the Nuclear
Regulatory Commission has approved the use of biodiesel fuel in motors at electric
generating plants under its regulation.

new text begin (c) This subdivision expires on May 1, 2012.
new text end

Subd. 4.

Disclosure.

A refinery or terminal shall provide, at the time diesel fuel
is sold or transferred from the refinery or terminal, a bill of lading or shipping manifest
to the person who receives the fuel. For biodiesel-blended products, the bill of lading or
shipping manifest must disclose biodiesel content, stating volume percentage, gallons of
biodiesel per gallons of petroleum diesel base-stock, or an ASTM "Bxx" designation
where "xx" denotes the volume percent biodiesel included in the blended product. This
subdivision does not apply to sales or transfers of biodiesel blend stock between refineries,
between terminals, or between a refinery and a terminal.

new text begin Subd. 5. new text end

new text begin Annual report. new text end

new text begin Beginning in 2009, the commissioner of agriculture
must report by January 15 of each year to the chairs and ranking minority members of
the legislative committees and divisions with jurisdiction over agriculture policy and
finance regarding the implementation of the minimum content requirements in subdivision
2, including information about the price and supply of biodiesel fuel. The report must
include any written comments received from members of the Biodiesel Fuel Task Force
by January 1 of that year.
new text end

Sec. 2.

Minnesota Statutes 2007 Supplement, section 296A.01, subdivision 8a, is
amended to read:

Subd. 8a.

Biodiesel fuel.

"Biodiesel fuel" deleted text begin means a renewable, biodegradable, mono
alkyl ester combustible liquid fuel derived from agricultural plant oils or animal fats
and that meets American Society for Testing and Materials specification D6751-07 for
Biodiesel Fuel (B100) Blend Stock for Distillate Fuels deleted text end new text begin has the meaning given in section
239.77, subdivision 1 new text end .

Sec. 3. new text begin PROPOSAL; PETROLEUM INSPECTION FEE REVENUE.
new text end

new text begin The commissioners of finance, commerce, and the Pollution Control Agency must
develop and submit to the legislature as part of their next biennial budget request a
proposal for eliminating, to the extent feasible, redundant fuel inspections and dedicating,
to the extent feasible, all revenue from the petroleum inspection fee levied on petroleum
products under Minnesota Statutes, section 239.101, subdivision 3, to the Weights and
Measures Division of the Department of Commerce. All additional funding appropriated
to the Weights and Measures Division under this proposal must be used for increased and
enhanced fuel quality assurance enforcement activities and equipment and for educational
activities focused on the handling, distribution, and use of biodiesel fuel.
new text end

Sec. 4. new text begin BIO-BASED DIESEL ALTERNATIVES.
new text end

new text begin (a) By January 1, 2011, the commissioners of agriculture, commerce, and
the Pollution Control Agency shall jointly review the technology, economics, and
operational characteristics associated with bio-based diesel alternatives and shall make
recommendations concerning their use in Minnesota to the governor and the chairs of
the house of representatives and senate committees with jurisdiction over agriculture
and energy finance.
new text end

new text begin (b) For the purposes of this section, "bio-based diesel alternatives" means
alternatives to petroleum diesel fuel that are warrantied for use in a standard diesel engine
without modification and derived from a biological resource.
new text end

Sec. 5. new text begin TECHNICAL COLD WEATHER ISSUES.
new text end

new text begin The commissioners of agriculture and commerce shall convene technical
stakeholders who are experts in cold weather biodiesel and petroleum diesel issues to
consider and make recommendations regarding improvements in the production, blending,
handling, and distribution of biodiesel blends to further ensure the performance of these
fuels in cold weather. The commissioners shall issue a report on these issues by January
15, 2009, to the chairs of the house of representatives and senate committees with
jurisdiction over agriculture and commerce policy and finance.
new text end

ARTICLE 3

VETERANS AFFAIRS POLICY

Section 1.

Minnesota Statutes 2006, section 13.785, is amended by adding a
subdivision to read:

new text begin Subd. 4. new text end

new text begin Deceased veterans data. new text end

new text begin Data relating to veterans deceased as a result of
service-connected causes are classified under section 197.225.
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. 2.

new text begin [192.056] PROTECTION OF RESERVIST-OWNED BUSINESS DURING
ACTIVE SERVICE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this
section.
new text end

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

new text begin (c) "Business" means a business wholly owned by a qualified service member, or
jointly by the member and the member's spouse, irrespective of whether the business
is a sole proprietorship, corporation, limited liability company, partnership, limited
partnership, or other type of business entity.
new text end

new text begin (d) "Qualified service member" means a Minnesota resident who is serving
honorably as a member of the Minnesota National Guard or any other military reserve
unit of the United States armed forces who has been ordered into active service for a
period of 60 days or longer.
new text end

new text begin Subd. 2. new text end

new text begin Protection provided. new text end

new text begin (a) Notwithstanding any other law or rule to the
contrary, the business of a qualified service member may be exempted from civil court
proceedings for part or all of the period of the member's active military service and for up
to 60 days thereafter, as provided in this section.
new text end

new text begin (b) If the business of a qualified service member is a defendant in a civil action, the
court may, on its own motion, grant a stay in the proceedings for a minimum of 60 days.
The court, on its own motion, may renew the stay as the court considers appropriate. If the
qualified service member petitions the court in any manner for a stay, the court must grant
a stay for a minimum of 60 days, provided that:
new text end

new text begin (1) the service member submits to the court a letter or other communication setting
forth facts stating the manner in which current military duty requirements materially affect
the service member's ability to appear or otherwise participate in the proceedings, and
stating a date when the service member will be available to appear or otherwise participate
in the proceedings; and
new text end

new text begin (2) the service member submits a letter or other communication from the service
member's commanding officer stating that the service member's current military duty
prevents appearance and that military leave is not authorized for the service member
at the time of the letter.
new text end

new text begin (c) A service member's communication with the court requesting a stay does not
constitute an appearance for jurisdictional purposes and does not constitute a waiver of
any substantive or procedural defense, including a defense relating to lack of personal
jurisdiction.
new text end

new text begin (d) A qualified service member who is granted a stay in the action or proceedings
against the member's business may in any manner request from the court an additional
stay, which the court may grant if the service member can show to the satisfaction of
the court that the member's military requirements affect the member's ability to appear.
However, the court is not obligated to grant the additional stay. If the court refuses to
grant an additional stay, the court must provide the service member with information
enabling the service member to acquire qualified legal counsel, at the service member's
discretion, for defending the action.
new text end

new text begin (e) If a default judgment is entered in a civil action against the business of a qualified
service member during the service member's period of active military service, or within 60
days following termination of or release from the active military service, the court entering
the judgment must, upon application by or on behalf of the service member, reopen the
judgment for the purpose of allowing the member to defend the action if it appears that:
new text end

new text begin (1) the service member was materially affected by reason of that military service in
making a defense to the action; and
new text end

new text begin (2) the service member has a meritorious or legal defense to the action or some
part of it.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008, and applies to civil
court actions pending or initiated on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2006, section 196.021, is amended to read:

196.021 DEPUTY COMMISSIONERS; DUTIES.

Subdivision 1.

Appointment.

The commissioner shall appoint a deputy
commissioner for veteran services deleted text begin as provided in subdivision 2, deleted text end and deleted text begin the board of directors
of the Minnesota Veterans Homes may appoint deleted text end a deputy commissioner for veteran health
care deleted text begin as provided in section 198.004 deleted text end . Both deputy commissioners serve in the unclassified
service, deleted text begin the deputy for veteran services deleted text end at the pleasure of the commissioner deleted text begin and the deputy
for veteran health care at the pleasure of the board deleted text end . Both deputies deleted text begin shall deleted text end new text begin must new text end be residents
of Minnesota, citizens of the United States, and veterans as defined in section 197.447.

Subd. 2.

deleted text begin Deputy for veteran services; deleted text end Powers and duties.

The deputy
commissioner for veteran services deleted text begin has deleted text end new text begin and the deputy commissioner for veteran health
care have new text end those powers delegated by the commissioner deleted text begin that have not otherwise been
delegated to the deputy commissioner for veteran health care by the commissioner or
assigned to that deputy commissioner by law deleted text end . A delegation must be in writing, signed
by the commissioner, and filed with the secretary of state.

Sec. 4.

Minnesota Statutes 2006, section 196.03, is amended to read:

196.03 OFFICERS AND EMPLOYEES.

deleted text begin Except as provided in chapter 198, deleted text end All officers and employees of the department
shall be appointed by the commissioner and they shall perform such duties as may be
assigned to them by the commissioner.

Sec. 5.

new text begin [196.30] VETERANS HEALTH CARE ADVISORY COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin The Veterans Health Care Advisory Council is established
to provide the Department of Veterans Affairs with advice and recommendations on
providing veterans with quality long-term care and the anticipated future needs of
Minnesota veterans.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin (a) The council consists of nine public members appointed
by the governor. The council members are:
new text end

new text begin (1) seven members with extensive expertise in health care delivery, long-term care,
and veterans services;
new text end

new text begin (2) one licensed clinician who may be either a physician, physician's assistant, or
a nurse practitioner; and
new text end

new text begin (3) one additional member.
new text end

new text begin (b) The governor shall designate a member to serve as the chair.
new text end

new text begin (c) The commissioner of veterans affairs, or the commissioner's designee, is an ex
officio member of the council and shall provide necessary and appropriate administrative
and technical support to the council.
new text end

new text begin (d) Membership terms, removal of members, and the filling of vacancies are as
provided in section 15.059, subdivisions 2 and 4. Members shall not receive compensation
or per diem payments, but may receive reimbursement for expenses pursuant to section
15.059, subdivision 3.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin The council is an advisory group with the responsibility of
providing the commissioner of veterans affairs with information and professional expertise
on the delivery of quality long-term care to veterans. The council's duties include:
new text end

new text begin (1) developing a new vision and strategic plan for the veterans homes that
complements the Department of Veterans Affairs overall veterans service programs;
new text end

new text begin (2) providing recommendations and advice on matters including clinical
performance, systemwide quality improvement efforts, culture and working environment
of the veterans homes, and other operational and organizational functions of the veterans
homes;
new text end

new text begin (3) studying and reviewing current issues and trends in the long-term care industry
and the veterans community;
new text end

new text begin (4) providing recommendations to the commissioner on alternative options for the
delivery of long-term care to veterans so that veterans and their families can determine
appropriate services under models similar to those available in the community;
new text end

new text begin (5) establishing, as appropriate, subcommittees or ad hoc task forces of council
members, stakeholders, and other individuals with expertise or experience to address
specific issues; and
new text end

new text begin (6) reviewing and providing advice on any other matter at the request of the
commissioner.
new text end

new text begin Subd. 4. new text end

new text begin Continuation. new text end

new text begin To ensure continued accountability and the active
involvement of healthcare experts and stakeholders in the governance structure of the
veterans homes, the governor may appoint a panel of experts to review the continuing
effectiveness of the council. The commissioner may disband the council at any time.
new text end

Sec. 6.

new text begin [197.225] LIST OF DECEASED MILITARY PERSONNEL.
new text end

new text begin (a) The commissioner of veterans affairs shall collect and maintain data about
Minnesota residents who have died of service-connected causes while serving in the
United States armed forces. The data may include deceased service members who are
the immediate family members of Minnesota residents, but who themselves were not
Minnesota residents at the time of death. The commissioner shall collect the following
data: the individual's full name, military rank, branch of service, age at the time of death,
and Minnesota hometown or if not a Minnesota resident at the time of death, the service
member's home state.
new text end

new text begin (b) Data collected pursuant to this section are nonpublic data, but may be
disseminated to the individual's next of kin, and for ceremonial or honorary purposes to
veterans' organizations, civic organizations, the news media, and researchers. No other
use or dissemination of the data is permitted.
new text end

new text begin (c) The next of kin of a veteran whose data is collected may request that the data
not be disseminated for any purpose. Upon receiving such a request, the Department of
Veterans Affairs must exclude the deceased veteran's data from any data disseminated for
ceremonial or honorary purposes as permitted by paragraph (b).
new text end

new text begin (d) Data collected pursuant to this section shall not be indicative of any person's
status with regard to qualification for veterans benefits or other benefits.
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. 7.

Minnesota Statutes 2006, section 197.236, is amended to read:

197.236 deleted text begin VETERANS CEMETERY deleted text end new text begin STATE VETERANS CEMETERIES new text end .

Subd. 3.

Operation and maintenance.

The commissioner of veterans affairs shall
supervise and control the veterans deleted text begin cemetery deleted text end new text begin cemeteries new text end established under this section. new text begin The
cemeteries are to be maintained and operated in accordance with the operational standards
and measures of the National Cemetery Administration. new text end The commissioner may contract
for the maintenance deleted text begin and operation deleted text end of the deleted text begin cemetery deleted text end new text begin cemeteries new text end . All personnel, equipment,
and support necessary for maintenance and operation of the deleted text begin cemetery deleted text end new text begin cemeteries new text end must be
included in the department's budget.

Subd. 5.

Rules.

The commissioner of veterans affairs may adopt rules regarding the
operation of the deleted text begin cemetery deleted text end new text begin cemeteries new text end . deleted text begin If practicable, deleted text end The commissioner shall require that
upright granite markers new text begin supplied by the United States Department of Veterans Affairs new text end be
used to mark all gravesites.

Subd. 6.

Permanent development and maintenance account.

A veterans
cemetery development and maintenance account is established in the special revenue
fund of the state treasury. Receipts for burial fees, deleted text begin earnings from the veterans cemetery
trust account deleted text end new text begin plot or interment allowance claims new text end , designated appropriations, and any
other cemetery receipts must be deposited into this account. The money in the account,
including interest earned, is appropriated to the commissioner to be used for the
development, operation, maintenance, and improvement of the deleted text begin cemetery deleted text end new text begin cemeteries new text end .
To the extent practicable, the commissioner of veterans affairs must apply for available
federal grants deleted text begin for the development and operation of the cemetery deleted text end new text begin to establish, expand, or
improve the cemeteries new text end .

deleted text begin Subd. 7. deleted text end

deleted text begin Permanent trust account. deleted text end

deleted text begin A veterans cemetery trust account is
established in the special revenue fund of the state treasury. All designated appropriations
and monetary donations to the cemetery must be placed in this account. The principal of
this account must be invested by the State Board of Investment and may not be spent. The
income from this account must be transferred as directed by the account manager to the
veterans cemetery development and maintenance account.
deleted text end

Subd. 8.

Eligibility.

deleted text begin Any person who is eligible for burial in a national veterans
cemetery is eligible for burial in the State Veterans Cemetery deleted text end new text begin Cemeteries must be operated
solely for the burial of service members who die on active duty, eligible veterans, and
their spouses and dependent children, as defined in United States Code, title 38, section
101, paragraph (2) new text end .

Subd. 9.

Burial fees.

The commissioner of veterans affairs shall establish a fee
schedule, which may be adjusted from time to time, for the interment of eligible deleted text begin family
members deleted text end new text begin spouses and dependent children new text end . The fees shall cover as nearly as practicable
the actual costs of interment, excluding the value of the plot. deleted text begin The department may accept
the Social Security burial allowance, if any, of the eligible family members in an amount
not to exceed the actual cost of the interment. deleted text end The commissioner may waive the fee
in the case of an indigent eligible person.

No plot or interment fees may be charged for the burial of deleted text begin eligible veterans, members
of the National Guard, or military reservists, except that funds available from the Social
Security or veterans burial allowances, if any, must be paid to the commissioner in an
amount not to exceed the actual cost of the interment, excluding the value of the plot deleted text end new text begin
service members who die on active duty or eligible veterans, as defined in United States
Code, title 38, section 101, paragraph (2) new text end .

deleted text begin Prior to the interment of an eligible person, the commissioner shall request the
cooperation of the eligible person's next of kin in applying to the appropriate federal
agencies for payment to the cemetery of any allowable interment allowance.
deleted text end

deleted text begin Subd. 10. deleted text end

deleted text begin Allocation of plots. deleted text end

deleted text begin A person, or survivor of a person, eligible for
interment in the State Veterans Cemetery may apply for a burial plot for the eligible
person by submitting a request to the commissioner of veterans affairs on a form supplied
by the department. The department shall allot plots on a first-come, first-served basis. To
the extent that it is practical, plots must be allocated in a manner permitting the burial of
eligible family members above, below, or adjacent to the eligible veteran, member of
the National Guard, or military reservist.
deleted text end

new text begin Subd. 11. new text end

new text begin Plot allowance claims. new text end

new text begin The commissioner of veterans affairs must apply
to the Veterans Benefits Administration for a plot or interment allowance payable to the
state for expenses incurred by the state in the burial of eligible veterans in cemeteries
owned and operated by the state if the burial is performed at no cost to the veteran's
next of kin.
new text end

new text begin Subd. 12. new text end

new text begin No staff. new text end

new text begin No staff may be hired for or allocated to any new veterans
cemetery without explicit legislative approval.
new text end

Sec. 8.

Minnesota Statutes 2007 Supplement, section 197.791, subdivision 1, is
amended to read:

Subdivision 1.

Definitions.

(a) The definitions in this subdivision apply to this
section.

(b) "Commissioner" means the commissioner of veterans affairs, unless otherwise
specified.

(c) "Cost of attendance" for deleted text begin both graduate and deleted text end undergraduate students has the
meaning given in section 136A.121, subdivision 6, multiplied by a factor of deleted text begin 1.1 deleted text end new text begin 1.2 new text end .
deleted text begin The deleted text end new text begin Cost of attendance for graduate students has the meaning given in section 136A.121,
subdivision 6, multiplied by a factor of 1.2, using the new text end tuition and fee maximum established
by law for four-year programs deleted text begin shall be used to calculate the tuition and fee maximum
under section 136A.121, subdivision 6, for a graduate student deleted text end . new text begin For purposes of calculating
the cost of attendance for graduate students, full time is eight credits or more per term or
the equivalent.
new text end

(d) "Child" means a natural or adopted child of a person described in subdivision 4,
paragraph (a), clause (1), item (i) or (ii).

(e) "Eligible institution" means a postsecondary institution under section 136A.101,
subdivision 4 new text begin , or a graduate school licensed or registered with the state of Minnesota
serving only graduate students new text end .

(f) "Program" means the Minnesota GI Bill program established in this section,
unless otherwise specified.

(g) "Time of hostilities" means any action by the armed forces of the United States
that is recognized by the issuance of a presidential proclamation or a presidential executive
order in which the armed forces expeditionary medal or other campaign service medals
are awarded according to presidential executive order, and any additional period or place
that the commissioner determines and designates, after consultation with the United States
Department of Defense, to be a period or place where the United States is in a conflict that
places persons at such a risk that service in a foreign country during that period or in that
place should be considered to be included.

(h) "Veteran" has the meaning given in section 197.447. Veteran also includes
a service member who has received an honorable discharge after leaving each period of
federal active duty service and has:

(1) served 90 days or more of federal active duty in a foreign country during a time
of hostilities in that country new text begin ; or
new text end

new text begin (2) been awarded any of the following medals:
new text end

new text begin (i) Armed Forces Expeditionary Medal;
new text end

new text begin (ii) Kosovo Campaign Medal;
new text end

new text begin (iii) Afghanistan Campaign Medal;
new text end

new text begin (iv) Iraq Campaign Medal;
new text end

new text begin (v) Global War on Terrorism Expeditionary Medal; or
new text end

new text begin (vi) any other campaign medal authorized for service after September 11, 2001 new text end ; or

deleted text begin (2) deleted text end new text begin (3) new text end received a service-related medical discharge from any period of service in a
foreign country during a time of hostilities in that country.

A service member who has fulfilled the requirements for being a veteran under this
paragraph but is still serving actively in the United States armed forces is also a veteran
for the purposes of this section.

Sec. 9.

Minnesota Statutes 2007 Supplement, section 197.791, subdivision 4, is
amended to read:

Subd. 4.

Eligibility.

(a) A person is eligible for educational assistance under this
section if:

(1) the person is:

(i) a veteran who is serving or has served honorably in any branch or unit of the
United States armed forces at any time on or after September 11, 2001;

(ii) a nonveteran who has served honorably for a total of five years or more
cumulatively as a member of the Minnesota National Guard or any other active or reserve
component of the United States armed forces, and any part of that service occurred on or
after September 11, 2001;

(iii) the surviving spouse or child of a person who has served in the military at any
time on or after September 11, 2001, and who has died as a direct result of that military
service; or

(iv) the spouse or child of a person who has served in the military at any time on or
after September 11, 2001, and who has a total and permanent service-connected disability
as rated by the United States Veterans Administration;

deleted text begin (2) the person providing the military service described in clause (1), items (i) to (iv),
was a Minnesota resident within six months of the time of the person's initial enlistment or
any reenlistment in the United States armed forces;
deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end the person receiving the educational assistance is a Minnesota resident, as
defined in section 136A.101, subdivision 8; and

deleted text begin (4) deleted text end new text begin (3) new text end the person receiving the educational assistance:

(i) is an undergraduate or graduate student at an eligible institution;

(ii) is maintaining satisfactory academic progress as defined by the institution for
students participating in federal Title IV programs;

(iii) is enrolled in an education program leading to a certificate, diploma, or degree
at an eligible institution;

(iv) has applied for educational assistance under this section prior to the end of the
academic term for which the assistance is being requested;

(v) is in compliance with child support payment requirements under section
136A.121, subdivision 2, clause (5); and

(vi) deleted text begin if an undergraduate student, has applied for the federal Pell Grant and the
Minnesota State Grant deleted text end new text begin has completed the Free Application for Federal Student Aid
(FAFSA) new text end .

(b) A person's eligibility terminates when the person becomes eligible for benefits
under section 135A.52.

(c) To determine eligibility, the commissioner may require official documentation,
including the person's federal form DD-214 or other official military discharge papers;
correspondence from the United States Veterans Administration; birth certificate; marriage
certificate; proof of enrollment at an eligible institution; signed affidavits; proof of
residency; proof of identity; or any other official documentation the commissioner
considers necessary to determine eligibility.

(d) The commissioner may deny eligibility or terminate benefits under this section
to any person who has not provided sufficient documentation to determine eligibility for
the program. An applicant may appeal the commissioner's eligibility determination or
termination of benefits in writing to the commissioner at any time. The commissioner
must rule on any application or appeal within 30 days of receipt of all documentation that
the commissioner requires. The decision of the commissioner regarding an appeal is final.
However, an applicant whose appeal of an eligibility determination has been rejected by
the commissioner may submit an additional appeal of that determination in writing to the
commissioner at any time that the applicant is able to provide substantively significant
additional information regarding the applicant's eligibility for the program. An approval
of an applicant's eligibility by the commissioner following an appeal by the applicant is
not retroactively effective for more than one year or the semester of the person's original
application, whichever is later.

(e) Upon receiving an application with insufficient documentation to determine
eligibility, the commissioner must notify the applicant within 30 days of receipt of the
application that the application is being suspended pending receipt by the commissioner of
sufficient documentation from the applicant to determine eligibility.

Sec. 10.

Minnesota Statutes 2007 Supplement, section 197.791, subdivision 5, is
amended to read:

Subd. 5.

Benefit amount.

(a) On approval by the commissioner of eligibility for
the program, the applicant shall be awarded, on a funds-available basis, the educational
assistance under the program for use at any time according to program rules at any
eligible institution.

(b) The amount of educational assistance in any semester or term for an eligible
person must be determined by subtracting from the eligible person's cost of attendance the
amount the person received or was eligible to receive in that semester or term from:

(1) the federal Pell Grant;

(2) the state grant program under section 136A.121; and

(3) any federal military or veterans educational benefits including but not limited
to the Montgomery GI Bill, GI Bill Kicker, the federal tuition assistance program,
vocational rehabilitation benefits, and any other federal benefits associated with the
person's status as a veteran, except veterans disability payments from the United States
Veterans Administration.

(c) The amount of educational assistance for any eligible person who is a full-time
student must not exceed the following:

(1) $1,000 per semester or term of enrollment;

(2) deleted text begin $2,000 deleted text end new text begin $3,000 new text end per state fiscal year; and

(3) $10,000 in a lifetime.

For a part-time student, the amount of educational assistance must not exceed $500
per semester or term of enrollment. For the purpose of this paragraph, a part-time
undergraduate student is a student taking fewer than 12 credits new text begin or the equivalent new text end for a
semester or term of enrollment and a part-time graduate student is a student considered
part time by the eligible institution the graduate student is attending. new text begin The minimum award
for undergraduate and graduate students is $50 per term.
new text end

Sec. 11.

Minnesota Statutes 2006, section 198.32, subdivision 1, is amended to read:

Subdivision 1.

Resident's rights.

A resident of a Minnesota veterans home has the
right to complain and otherwise exercise freedom of expression and assembly which is
guaranteed by amendment I of the United States Constitution. The administrator of the
home shall inform each resident in writing at the time of admission of the right to complain
to the administrator about home accommodations and services. A notice of the right to
complain shall be posted in the home. The administrator shall also inform each resident of
the right to complain to the deleted text begin board or to the deleted text end commissioner of veterans affairs. Each resident
of a home shall be encouraged and assisted, throughout the period of stay in the home, to
understand and exercise the rights of freedom of expression and assembly as a resident
and as a citizen, and, to this end, the resident may voice grievances and recommend
changes in policies and services to home staff, other residents, and outside representatives
of the resident's choice, free from restraint, interference, coercion, discrimination, or
reprisal, including retaliatory eviction.

Sec. 12.

Minnesota Statutes 2006, section 349.12, subdivision 3a, is amended to read:

Subd. 3a.

Allowable expense.

"Allowable expense" means the percentage of the
total cost incurred by the organization in the purchase of any good, service, or other item
which corresponds to the proportion of the total actual use of the good, service, or other
item that is directly related to conduct of lawful gambling. Allowable expense includes
the advertising of the conduct of lawful gambling, provided that the amount expended
does not exceed five percent of the annual gross profits of the organization or $5,000 per
year per organization, whichever is less. new text begin A percentage of the cost of a newsletter of a
veterans organization, as determined by the board, is an allowable expense if any portion
of the newsletter is used to promote lawful gambling in Minnesota. new text end The board may adopt
rules to regulate the content of the advertising to ensure that the content is consistent
with the public welfare.

Sec. 13.

Minnesota Statutes 2006, section 609.115, is amended by adding a subdivision
to read:

new text begin Subd. 10. new text end

new text begin Veterans mental health status. new text end

new text begin If a defendant convicted of a crime is
currently serving in the military or is a veteran and has been diagnosed by a qualified
psychiatrist or clinical psychologist or physician with a mental illness, the court may:
new text end

new text begin (1) order that the officer preparing the report under subdivision 1 consult with the
United States Department of Veterans Affairs, Minnesota Department of Veterans Affairs,
or another agency or person with suitable knowledge or experience, for the purpose
of providing the court with information regarding treatment options available to the
defendant including federal, state, and local programming; and
new text end

new text begin (2) consider the treatment recommendations of any diagnosing or treating mental
health professionals together with the treatment options available to the defendant in
imposing sentence.
new text end

Sec. 14. new text begin RULES TRANSFER.
new text end

new text begin Minnesota Rules, chapter 9050, is transferred from the Veterans Homes Board of
Directors to the commissioner of veterans affairs. The commissioner shall administer and
enforce those rules and may amend or repeal them.
new text end

Sec. 15. new text begin APPOINTMENTS.
new text end

new text begin Notwithstanding Minnesota Statutes, section 196.30, subdivision 2, paragraph (d),
the governor may make the initial appointments to the Veterans Health Care Advisory
Council under Executive Order 07-20 without complying with the appointment process in
Minnesota Statutes, section 15.0597.
new text end

Sec. 16. new text begin PARTNERING IN DELIVERY OF VETERANS SERVICES.
new text end

new text begin The commissioner must seek input from a broad range of experienced
nongovernmental social service and health care providers, including both secular and
faith-based service organizations, from throughout the state regarding the feasibility of
public-private collaboration in providing services to Minnesota Veterans. The services
may include home health care, psychological counseling, life-skills rehabilitation
counseling, home hospice care, respite care, and other types of home-based health
care as judged necessary by the commissioner to enable veterans to recover from
service-connected injuries, illnesses, and disabilities. The commissioner must report to
the legislature by January 15, 2009, on its findings and recommendations for establishing
such service-delivery partnerships.
new text end

Sec. 17. new text begin VETERANS HOMES STRATEGIC PLANNING GROUP.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin An intergovernmental and veterans study group shall be
appointed for the purpose of conducting strategic planning for existing and future state
veterans homes, including in-depth strategic planning for the Minneapolis veterans home.
This group is designated the "Veterans Homes Strategic Planning Group." The Veterans
Homes Strategic Planning Group shall consist of the following 17 members:
new text end

new text begin (1) three senators, including two members of the majority party and one member
of the minority party, at least one of whom represents a Minneapolis legislative district
and one of whom represents a greater-Minnesota legislative district, appointed by the
Subcommittee on Committees of the Committee on Rules and Administration of the
senate;
new text end

new text begin (2) three members of the house of representatives, including two members of the
majority party and one member of the minority party, at least one of whom represents
a Minneapolis legislative district and one of whom represents a greater-Minnesota
legislative district, appointed by the speaker of the house;
new text end

new text begin (3) the commissioner and two deputy commissioners of the Minnesota Department
of Veterans Affairs (MDVA), or the commissioner's designees;
new text end

new text begin (4) the president and legislative chair person of the Minnesota Association of County
Veteran Service Officers (CVSOs), or the president's designees;
new text end

new text begin (5) the chair of the Commanders Task Force of Minnesota's congressionally-chartered
veterans service organizations, or the chair's designee;
new text end

new text begin (6) the mayor of Minneapolis, or the mayor's designee, and one Minneapolis city
planner designated by the mayor;
new text end

new text begin (7) the chair of the Twin Cities Metropolitan Council, or the chair's designee;
new text end

new text begin (8) one person from the Minnesota Inter-County Association (MICA), as designated
by the association board; and
new text end

new text begin (9) one person from the Association of Minnesota Counties (AMC), as designated
by the Association board.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin (a) The Veterans Homes Strategic Planning Group must meet
periodically to conduct strategic planning for the state veterans homes, both existing and
future, and with special focus on the current Minnesota veterans home in Minneapolis.
The planning process must encompass a 25-year future time span, and must include:
new text end

new text begin (1) current and projected figures for the number of Minnesota veterans within broad
age categories, by gender and geographic region of the state;
new text end

new text begin (2) current and projected needs of Minnesota veterans for skilled nursing care,
domiciliary care and outpatient services, as being currently provided by the state veterans
homes, and as may be needed in the future;
new text end

new text begin (3) current and projected capital expenditure, plant maintenance, and operational
costs for each existing Minnesota veterans home, both per-facility and per-veteran-served,
with discussion of factors determining cost differences among the homes;
new text end

new text begin (4) identification and discussion of the feasibility of alternative methods for meeting
at least some of the various future needs of veterans, including:
new text end

new text begin (i) the possibility of partnering for home-based services for veterans with
nongovernmental nonprofit or faith-based social service and healthcare delivery
organizations, as a means of reducing some of the future needs of veterans for domiciliary
or skilled nursing care in veterans homes;
new text end

new text begin (ii) reliance on private, veterans-only nursing homes for handling part or all of the
future growth in veterans skilled nursing or domiciliary needs, possibly supplemented by
some state-provided veterans services not currently available in private nursing homes; or
new text end

new text begin (iii) any other feasible alternative service delivery methods;
new text end

new text begin (5) current and projected capital expenditure, plant maintenance, and operational
costs for meeting future veterans needs under:
new text end

new text begin (i) the veterans-homes-only model; and
new text end

new text begin (ii) the combined veterans-homes and home-based partnering model (or any other
feasible service delivery model that the group identifies); and
new text end

new text begin (6) discussion and recommendations regarding:
new text end

new text begin (i) the types and levels of veterans home care judged feasible for the state to attempt
to provide in the near-term and long-term future; and
new text end

new text begin (ii) the optimal locations and timing for construction of any future state veterans
homes and other service delivery facilities in Minnesota.
new text end

new text begin (b) In addition to the duties described in paragraph (a), the Veterans Homes
Strategic Planning Group must provide specific addition analysis of the projected capital,
maintenance, and operating costs of the current Minnesota veterans home in Minneapolis,
and must assess the feasibility of alternative operational models at that home or at locations
within the seven-county metropolitan area. Discussion must include the feasibility, and
estimation of any cost-savings from the razing or remodeling and converting of some of the
infrastructure of the current campus for alternative uses and other pertinent items, such as:
new text end

new text begin (i) construction of rental housing for veterans and family members of veterans
receiving medical care at the nearby US/VA Medical Center or other nearby medical
institutions;
new text end

new text begin (ii) conducting a land use study including a highest and best use analysis for the
existing site and all improvements;
new text end

new text begin (iii) investigating opportunities for public/private partnerships in strategic land
use; and
new text end

new text begin (iv) any other purpose judged feasible by the strategic planning group.
new text end

new text begin Subd. 3. new text end

new text begin Report required. new text end

new text begin (a) By January 15, 2009, the Veterans Homes Strategic
Planning Group must report its proposed recommendations to the chairs of the senate and
house committees with jurisdiction over veterans affairs, state governmental operations,
and local government affairs. The strategic planning group may suggest draft legislation
for legislative consideration.
new text end

new text begin (b) The strategic planning group may continue its strategic planning activities and
by January 15, 2010, may issue a second report to the same legislative chairs containing
follow-up recommendations for legislative consideration.
new text end

new text begin Subd. 4. new text end

new text begin Administrative provisions. new text end

new text begin (a) The commissioner of veterans affairs, or
the commissioner's designee, must convene the initial meeting of the Veterans Homes
Strategic Planning Group. Upon request of the group, the commissioner must provide
meeting space and administrative services for the group. The members of the group must
elect a chair or co-chairs from the legislative members of the group at the initial meeting.
Each subsequent meeting of the group is at the call of the chair or co-chairs.
new text end

new text begin (b) Public members of the strategic planning group serve without special
compensation or special payment of expenses from the group.
new text end

new text begin (c) The strategic planning group expires on June 30, 2010, unless an extension is
authorized by law by that date.
new text end

new text begin (d) In accordance with completed predesign documents, veterans population surveys,
and department construction project priority listing, the commissioner shall continue to
plan, develop, and pursue federal funding and other resources for the construction of a
veterans long-term and domiciliary mental health facility in Kandiyohi County. The
planning must include possible options for traumatic brain injury treatment.
new text end

new text begin Subd. 5. new text end

new text begin Deadline for appointments and designations. new text end

new text begin The appointments and
designations authorized by this section must be completed by August 1, 2008. The
strategic planning group must convene its initial meeting no later than September 1, 2008.
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. 18. new text begin COUNTY VETERANS SERVICES WORKING GROUP.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin The County Veteran Services Working Group shall consist
of the following 13 members:
new text end

new text begin (1) two senators, including one member from the majority party and one member
from the minority party, appointed by the Subcommittee on Committees of the Committee
on Rules and Administration of the senate;
new text end

new text begin (2) two members of the house of representatives, one member from the majority
party and one member from the minority party, appointed by the speaker of the house;
new text end

new text begin (3) the commissioner and two deputy commissioners of the Minnesota Department
of Veterans Affairs (MDVA), or the commissioner's designees;
new text end

new text begin (4) the president, vice president, and legislative chair person of the Minnesota
Association of County Veteran Service Officers (CVSOs);
new text end

new text begin (5) the chair of the Commanders Task Force of Minnesota's congressionally-chartered
veterans service organizations, or the chair's designee;
new text end

new text begin (6) one person from the Minnesota Inter-County Association (MICA), as designated
by the association board; and
new text end

new text begin (7) one person from the Association of Minnesota Counties (AMC), as designated
by the association board.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin The working group must meet periodically to review the findings
and recommendations of the 2008 report of the Office of the Legislative Auditor (OLA)
on Minnesota's county veterans service offices, and make written recommendations to the
legislature regarding whether and how each of that report's recommendations should be
implemented. The working group may also provide additional recommendations on how
to enhance the current services provided by the county veteran service offices.
new text end

new text begin The working group may suggest draft legislation for legislative consideration. By
January 15, 2009, the working group must report its proposed recommendations to the
chairs of the senate and house committees with jurisdiction over veterans affairs, state
governmental operations, and local government affairs.
new text end

new text begin Subd. 3. new text end

new text begin Administrative provisions. new text end

new text begin (a) The commissioner of veterans affairs, or
the commissioner's designee, must convene the initial meeting of the working group.
Upon request of the working group, the commissioner must provide meeting space and
administrative services for the group. The members of the working group must elect a
chair or co-chairs from the legislative members of the working group at the initial meeting.
Each subsequent meeting is at the call of the chair or co-chairs.
new text end

new text begin (b) Public members of the working group serve without special compensation or
special payment of expenses from the working group.
new text end

new text begin (c) The working group expires on June 30, 2009, unless an extension is authorized
by law by that date.
new text end

new text begin Subd. 4. new text end

new text begin Deadline for appointments and designations. new text end

new text begin The appointments and
designations authorized by this section must be completed by August 1, 2008. The
working group must convene its initial meeting no later than September 1, 2008.
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. 19. new text begin STUDY OF VETERANS EMPLOYMENT IN STATE GOVERNMENT.
new text end

new text begin (a) By October 1, 2008, each hiring authority of the executive, legislative, and
judicial branches of state government must report to the commissioner of finance on
the incidence of employment, recruitment, retention, and retirement of veterans in their
nonelected workforce for fiscal year 2008. The report must be made in a manner approved
by the commissioner and must include analysis by age category. Each hiring authority
must also report specific veteran employment data requested by the commissioner as of
June 30, 2008, June 30, 2001, and an earlier date if judged feasible by the commissioner.
new text end

new text begin (b) By January 15, 2009, the commissioner must submit a report on the employment
of veterans in state government to the chairs of the house and senate policy and finance
committees having jurisdiction over veterans affairs. The report must present and analyze
the data obtained in paragraph (a).
new text end

new text begin (c) For purposes of this section, "veteran" has the meaning given in Minnesota
Statutes, section 197.447.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 20. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin (a) The revisor shall change "board," "board of directors," or "Veterans Homes
Board of Directors" to "commissioner" wherever it is used in Minnesota Statutes, sections
198.003; 198.005; 198.006; 198.007; 198.022; 198.03; 198.05; 198.065; 198.066; 198.16;
198.23; 198.261; 198.265; 198.266; 198.31; 198.33; 198.34; 198.35; 198.36; and 198.37;
and shall change "board rules" to "rules adopted under this chapter" wherever it appears in
Minnesota Statutes, sections 198.007 and 198.022.
new text end

new text begin (b) In Minnesota Rules, chapter 9050, the revisor shall:
new text end

new text begin (1) change the terms "executive director," "executive director of the board,"
"executive director of the Veterans Homes Board," "Minnesota Veterans Homes Board,"
and "board" to "commissioner of veterans affairs" except where the term "board" is used
with a different meaning in Minnesota Rules, part 9050.0040, subpart 16;
new text end

new text begin (2) change the term "board-operated facility" to "facility operated by the
commissioner of veterans affairs" and change the term "non-board-operated facility" to
"facility not operated by the commissioner of veterans affairs";
new text end

new text begin (3) change the term "board-approved" to "approved by the commissioner of veterans
affairs"; and
new text end

new text begin (4) eliminate the term "board" where it is used in the third paragraph of Minnesota
Rules, part 9050.1070, subpart 9.
new text end

new text begin (c) The revisor shall change any of the terms in paragraph (a) or (b) to "commissioner
of veterans affairs" if they are used to refer to the Veterans Homes Board of Directors or
its executive director anywhere else in Minnesota Statutes or Minnesota Rules.
new text end

Sec. 21. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2006, sections 197.236, subdivisions 7 and 10; 198.001,
subdivisions 6 and 9; 198.002, subdivisions 1, 3, and 6; 198.003, subdivisions 5 and 6;
and 198.004, subdivision 2, new text end new text begin and new text end new text begin Minnesota Statutes 2007 Supplement, sections 198.002,
subdivision 2; and 198.004, subdivision 1, new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, part 9050.0040, subpart 15, new text end new text begin is repealed.
new text end