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SF 1285

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

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

Engrossments
Introduction Posted on 02/26/2007
1st Engrossment Posted on 03/23/2007

Current Version - 1st Engrossment

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A bill for an act
 relating to agriculture; changing certain agricultural chemical incident
provisions; eliminating a fee; amending Minnesota Statutes 2006, section
18E.02, subdivisions 1, 5, by adding a subdivision; repealing Minnesota Statutes
2006, section 18C.425, subdivision 5.

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

Section 1.

Minnesota Statutes 2006, section 18E.02, subdivision 1, is amended to read:


Subdivision 1.

Definitions deleted text begin in chapters 18B, 18C, and 18D applydeleted text end .

The definitions
contained in this section deleted text begin anddeleted text end new text begin apply to this chapter. Except for terms defined in this section,
the definitions contained in new text end chapters 18B, 18C, and 18D apply to this chapter.

Sec. 2.

Minnesota Statutes 2006, section 18E.02, subdivision 5, is amended to read:


Subd. 5.

Eligible person.

"Eligible person" means:

(1) a responsible party or an owner of real property, but does not include the state,
a state agency,new text begin ornew text end a political subdivision of the state, except as provided in clause (2)deleted text begin ,deleted text end new text begin ;
common carriers, as defined by section 218.011, subdivision 10; motor carriers as defined
by section 221.011, subdivision 15, while transporting agricultural chemicals except as
provided in clause (3); ornew text end the federal governmentdeleted text begin ,deleted text end or an agency of the federal government;

(2) the owners of municipal airports in Minnesota where a licensed aerial pesticide
applicator has caused an incident through storage, handling, or distribution operations for
agricultural chemicals if (i) the commissioner has determined that corrective action is
necessary and (ii) the commissioner determines, and the Agricultural Chemical Response
Compensation Board concurs, that based on an affirmative showing made by the owner, a
responsible party cannot be identified or the identified responsible party is unable to
comply with an order for corrective action; or

(3) a person involved in a transaction relating to real property who is not a responsible
party or owner of the real property and who voluntarily takes corrective action on the
property in response to a request or order for corrective action from the commissioner.

Sec. 3.

Minnesota Statutes 2006, section 18E.02, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Incident. new text end

new text begin "Incident" means a flood, fire, tornado, transportation accident,
storage container rupture, leak, spill, emission discharge, escape, disposal, or other event
that releases an agricultural chemical accidentally or otherwise into the environment and
may cause unreasonable adverse effects on the environment. "Incident" does not include a
release from the normal use of a product or practice in accordance with law.
 new text end

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, section 18C.425, subdivision 5, new text end new text begin is repealed.
 new text end