Minnesota Legislature
SF 3683A
Conference Committee Report - 85th Legislature (2007 - 2008) Posted on 01/15/2013 08:28pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 3683
1.3relating to the operation of state government; changing certain provisions
1.4and programs related to agriculture; creating a livestock investment grant
1.5program; modifying pesticide and fertilizer regulation; changing certain payment
1.6provisions for certain agricultural chemical corrective action costs; changing
1.7certain food sanitary provisions; changing certain fee provisions; defining certain
1.8terms; regulating egg sales and handling; increasing the somatic cell count limit
1.9for goat milk; providing for control of bovine tuberculosis; adding a member
1.10to the NextGen Energy Board; modifying the expiration date for the NextGen
1.11Energy Board; modifying the expiration date for the Minnesota Agriculture
1.12Education Leadership Council; establishing requirements for practicing animal
1.13chiropractic care; recognizing a Program for the Assessment of Veterinary
1.14Education Equivalence certification; limiting use of certain drugs; changing
1.15certain requirements; regulating prescription of veterinary drugs; modifying
1.16definition of biodiesel; increasing minimum biodiesel content; creating a tiered
1.17biodiesel content goal; requiring counties to consider natural heritage data in
1.18adopting or amending comprehensive plans; requiring local governments to
1.19consider comprehensive plans to limit development on agricultural, forest,
1.20wildlife, and open space land; regulating certain racetracks; modifying 2007
1.21appropriation language; creating the Veterans Health Care Advisory Council;
1.22changing certain provisions and programs related to veterans; providing for
1.23certain medallions; authorizing the placement of a plaque in the court of
1.24honor on the Capitol grounds by Minnesota's Mexican-American veterans
1.25to honor all Minnesota veterans who have served at any time in the United
1.26States armed forces; appropriating money;amending Minnesota Statutes 2006,
1.27sections 18B.07, subdivision 2; 18D.305, subdivision 2; 18E.04, subdivision 2;
1.2828A.03, by adding a subdivision; 28A.08; 28A.082, by adding a subdivision;
1.2928A.09, subdivision 1; 29.23; 31.05; 31.171; 41D.01, subdivision 4; 148.01,
1.30subdivision 1, by adding subdivisions; 156.001, by adding a subdivision; 156.02,
1.31subdivisions 1, 2; 156.04; 156.072, subdivision 2; 156.073; 156.12, subdivisions
1.322, 4, 6; 156.15, subdivision 2; 156.16, subdivisions 3, 10; 156.18, subdivisions
1.331, 2; 156.19; 168.1255, subdivisions 1, 3, by adding subdivisions; 196.021;
1.34196.03; 197.236; 198.32, subdivision 1; 239.77, as amended; 240.06, subdivision
1.355a, by adding a subdivision; 240.13, subdivision 6; 394.232, subdivision 6;
1.36462.355, subdivision 1; 462.357, by adding subdivisions; Minnesota Statutes
1.372007 Supplement, sections 31.175; 35.244; 41A.105; 296A.01, subdivision 8a;
1.38394.23; Laws 2007, chapter 45, article 1, section 3, subdivisions 3, 4; proposing
1.39coding for new law in Minnesota Statutes, chapters 17; 18C; 32; 148; 196;
1.40394; repealing Minnesota Statutes 2006, sections 198.001, subdivisions 6, 9;
1.41198.002, subdivisions 1, 3, 6; 198.003, subdivisions 5, 6; 198.004, subdivision 2;
2.1Minnesota Statutes 2007 Supplement, sections 198.002, subdivision 2; 198.004,
2.2subdivision 1; Minnesota Rules, part 9050.0040, subpart 15.
2.3May 6, 2008
2.4The Honorable James P. Metzen
2.5President of the Senate
2.6The Honorable Margaret Anderson Kelliher
2.7Speaker of the House of Representatives
2.8We, the undersigned conferees for S.F. No. 3683 report that we have agreed upon
2.9the items in dispute and recommend as follows:
2.10That the House recede from its amendments and that S.F. No. 3683 be further
2.11amended as follows:
2.12Delete everything after the enacting clause and insert:
2.15 Section 1. [17.118] LIVESTOCK INVESTMENT GRANT PROGRAM.
2.16 Subdivision 1. Establishment. The commissioner may award a livestock investment
2.17grant to a person who raises livestock in this state equal to ten percent of the first $500,000
2.18of qualifying expenditures, provided the person makes qualifying expenditures of at least
2.19$4,000. The commissioner may award multiple livestock investment grants to a person
2.20over the life of the program as long as the cumulative amount does not exceed $50,000.
2.21 Subd. 2. Definitions. (a) For the purposes of this section, the terms defined in this
2.22subdivision have the meanings given them.
2.23 (b) "Livestock" means beef cattle, dairy cattle, swine, poultry, goats, mules, farmed
2.24cervidae, ratitae, bison, sheep, horses, and llamas.
2.25 (c) "Qualifying expenditures" means the amount spent for:
2.26 (1) the acquisition, construction, or improvement of buildings or facilities for the
2.27production of livestock or livestock products;
2.28 (2) the development of pasture for use by livestock including, but not limited to, the
2.29acquisition, development, or improvement of:
2.30 (i) lanes used by livestock that connect pastures to a central location;
2.31 (ii) watering systems for livestock on pasture including water lines and booster
2.32pumps well installations;
2.33 (iii) livestock stream crossing stabilization; and
2.34 (iv) fences; or
2.35 (3) the acquisition of equipment for livestock housing, confinement, feeding, and
2.36waste management including, but not limited to, the following:
3.1 (i) freestall barns;
3.2 (ii) watering facilities;
3.3 (iii) feed storage and handling equipment;
3.4 (iv) milking parlors;
3.5 (v) robotic equipment;
3.6 (vi) scales;
3.7 (vii) milk storage and cooling facilities;
3.8 (viii) bulk tanks;
3.9 (ix) computer hardware and software and associated equipment used to monitor
3.10the productivity and feeding of livestock;
3.11 (x) manure pumping and storage facilities;
3.12 (xi) swine farrowing facilities;
3.13 (xii) swine and cattle finishing barns;
3.14 (xiii) calving facilities;
3.15 (xiv) digesters;
3.16 (xv) equipment used to produce energy;
3.17 (xvi) on-farm processing facilities equipment;
3.18 (xvii) fences; and
3.19 (xviii) livestock pens and corrals and sorting, restraining, and loading chutes.
3.20 Except for qualifying pasture development expenditures under clause (2), qualifying
3.21expenditures only include amounts that are allowed to be capitalized and deducted under
3.22either section 167 or 179 of the Internal Revenue Code in computing federal taxable
3.23income. Qualifying expenditures do not include an amount paid to refinance existing debt.
3.24 (d) "Qualifying period" means, for a grant awarded during a fiscal year, that full
3.25calendar year of which the first six months precede the first day of the current fiscal year.
3.26For example, an eligible person who makes qualifying expenditures during calendar
3.27year 2008 is eligible to receive a livestock investment grant between July 1, 2008, and
3.28June 30, 2009.
3.29 Subd. 3. Eligibility. (a) To be eligible for a livestock investment grant, a person
3.30must:
3.31 (1) be a resident of Minnesota or an entity specifically defined in section 500.24,
3.32subdivision 2, that is eligible to own farmland and operate a farm in this state under
3.33section 500.24;
3.34 (2) be the principal operator of the farm;
3.35 (3) hold a feedlot registration, if required; and
4.1 (4) apply to the commissioner on forms prescribed by the commissioner including a
4.2statement of the qualifying expenditures made during the qualifying period along with any
4.3proof or other documentation the commissioner may require.
4.4 (b) The $50,000 maximum grant applies at the entity level for partnerships, S
4.5corporations, C corporations, trusts, and estates as well as at the individual level. In the
4.6case of married individuals, the grant is limited to $50,000 for a married couple.
4.7 Subd. 4. Process. The commissioner, in consultation with the chairs and ranking
4.8minority members of the house and senate committees with jurisdiction over agriculture
4.9finance, shall develop competitive eligibility criteria and may allocate grants on a needs
4.10basis. The commissioner shall certify eligible applications up to the amount appropriated
4.11for a fiscal year. The commissioner must place any additional eligible applications on a
4.12waiting list and, notwithstanding subdivision 2, paragraph (c), give them priority during
4.13the next fiscal year. The commissioner shall notify in writing any applicant who applies for
4.14a grant and is ineligible under the provisions of this section as well as any applicant whose
4.15application is received or reviewed after the fiscal year funding limit has been reached.
4.16 Sec. 2. Minnesota Statutes 2007 Supplement, section 18B.065, subdivision 1, is
4.17amended to read:
4.18 Subdivision 1. Collection and disposal. The commissioner of agriculture shall
4.19establish and operate a program to collect and dispose of waste pesticides. The program
4.20must be made available toagriculture agricultural and residential pesticide end users
4.21whose waste generating activity occurs in this state.
4.22EFFECTIVE DATE.This section is effective July 1, 2008, and applies to all
4.23cooperative agreements entered into by the commissioner of agriculture and local units of
4.24government for waste pesticide collection and disposal after that date.
4.25 Sec. 3. Minnesota Statutes 2006, section 18B.065, subdivision 2, is amended to read:
4.26 Subd. 2. Implementation. (a) The commissioner may obtain a United States
4.27Environmental Protection Agency hazardous waste identification number to manage the
4.28waste pesticides collected.
4.29 (b) The commissioner may not limit the type and quantity of waste pesticides
4.30accepted for collection and may not assess pesticide end users for portions of the costs
4.31incurred.
4.32 Sec. 4. Minnesota Statutes 2007 Supplement, section 18B.065, subdivision 2a, is
4.33amended to read:
5.1 Subd. 2a. Disposal site requirement. (a) For agricultural waste pesticides, the
5.2commissioner must designate a place in each county of the state that is available at least
5.3everyother year for persons to dispose of unused portions of agricultural pesticides
5.4in accordance with subdivision 1. The commissioner shall consult with the person
5.5responsible for solid waste management and disposal in each county to determine an
5.6appropriate location and to advertise each collection event.
5.7 (b) For residential waste pesticides, the commissioner must provide periodic
5.8disposal opportunities each year in each county. As provided under subdivision 7, the
5.9commissioner may enter into agreements with county or regional solid waste management
5.10entities to provide these collections and shall provide these entities with funding for
5.11reasonable costs incurred including, but not limited to, related supplies, transportation,
5.12advertising, and disposal costs as well as reasonable overhead costs.
5.13 (c) A person who collects waste pesticide under paragraph (a) or (b) shall record
5.14information on each waste pesticide product collected including, but not limited to,
5.15the product name, active ingredient or ingredients, quantity, and the United States
5.16Environmental Protection Agency registration number, on a form provided by the
5.17commissioner. The person must submit this information to the commissioner at least
5.18annually.
5.19EFFECTIVE DATE.This section is effective July 1, 2008, and applies to all
5.20cooperative agreements entered into by the commissioner of agriculture and local units of
5.21government for waste pesticide collection and disposal after that date.
5.22 Sec. 5. Minnesota Statutes 2006, section 18B.065, subdivision 7, is amended to read:
5.23 Subd. 7. Cooperative agreements. The commissioner may enter into cooperative
5.24agreements with state agencies and local units of government for administration of the
5.25waste pesticide collection program. The commissioner shall ensure that the program is
5.26carried out in all counties. If the commissioner cannot contract with another party to
5.27administer the program in a county, the commissioner shall perform collections according
5.28to the provisions of this section.
5.29 Sec. 6. Minnesota Statutes 2006, section 18B.07, subdivision 2, is amended to read:
5.30 Subd. 2. Prohibited pesticide use. (a) A person may not use, store, handle,
5.31distribute, or dispose of a pesticide, rinsate, pesticide container, or pesticide application
5.32equipment in a manner:
5.33 (1) that is inconsistent with a label or labeling as defined by FIFRA;
6.1 (2) that endangers humans, damages agricultural products, food, livestock, fish,
6.2or wildlife; or
6.3 (3) that will cause unreasonable adverse effects on the environment.
6.4 (b) A person may not direct a pesticide onto property beyond the boundaries of the
6.5target site. A person may not apply a pesticide resulting in damage to adjacent property.
6.6 (c) A person may not directly apply a pesticide on a human by overspray or target
6.7site spray, except when:
6.8 (1) the pesticide is intended for use on a human;
6.9 (2) the pesticide application is for mosquito control operations;
6.10 (3) the pesticide application is for control of gypsy moth, forest tent caterpillar,
6.11or other pest species, as determined by the commissioner, and the pesticide used is a
6.12biological agent; or
6.13 (4) the pesticide application is for a public health risk, as determined by the
6.14commissioner of health, and the commissioner of health, in consultation with the
6.15commissioner of agriculture, determines that the application is warranted based on
6.16the commissioner's balancing of the public health risk with the risk that the pesticide
6.17application poses to the health of the general population, with special attention to the
6.18health of children.
6.19 (d) For pesticide applications under paragraph (c), clause (2), the following
6.20conditions apply:
6.21 (1) no practicable and effective alternative method of control exists;
6.22 (2) the pesticide is among the least toxic available for control of the target pest; and
6.23 (3) notification to residents in the area to be treated is provided at least 24 hours
6.24before application through direct notification, posting daily on the treating organization's
6.25Web site, if any, and by sending a broadcast e-mail to those persons who request
6.26notification of such, of those areas to be treated by adult mosquito control techniques
6.27during the next calendar day. For control operations related to human disease, notice under
6.28this paragraph may be given less than 24 hours in advance.
6.29 (e) For pesticide applications under paragraph (c), clauses (3) and (4), the following
6.30conditions apply:
6.31 (1) no practicable and effective alternative method of control exists;
6.32 (2) the pesticide is among the least toxic available for control of the target pest; and
6.33 (3) notification of residents in the area to be treated is provided by direct notification
6.34and through publication in a newspaper of general circulation within the affected area.
6.35 (f) For purposes of this subdivision, "direct notification" may include mailings,
6.36public meetings, posted placards, neighborhood newsletters, or other means of contact
7.1designed to reach as many residents as possible. Public meetings held to meet this
7.2requirement for adult mosquito control, under paragraph (d), must be held within each
7.3city or town where the pesticide treatments are to be made, at a time and location that is
7.4convenient for residents of the area where the treatments will occur.
7.5 (g) A person may not apply a pesticide in a manner so as to expose a worker in an
7.6immediately adjacent, open field.
7.7 (h) Notwithstanding that the application is done in a manner consistent with the
7.8label or labeling, it is a violation of this chapter to directly apply a pesticide to a site where
7.9an application has not been: (1) requested, ordered, contracted for, or permitted; or (2)
7.10performed pursuant to paragraph (c), clause (2), (3), or (4).
7.11 Sec. 7. Minnesota Statutes 2007 Supplement, section 18B.26, subdivision 3, is
7.12amended to read:
7.13 Subd. 3. Application fee. (a) A registrant shall pay an annual application fee for
7.14each pesticide to be registered, and this fee is set at 0.4 percent of annual gross sales
7.15within the state and annual gross sales of pesticides used in the state, with a minimum
7.16nonrefundable fee of $250. The registrant shall determine when and which pesticides
7.17are sold or used in this state. The registrant shall secure sufficient sales information of
7.18pesticides distributed into this state from distributors and dealers, regardless of distributor
7.19location, to make a determination. Sales of pesticides in this state and sales of pesticides
7.20for use in this state by out-of-state distributors are not exempt and must be included in the
7.21registrant's annual report, as required under paragraph (c), and fees shall be paid by the
7.22registrant based upon those reported sales. Sales of pesticides in the state for use outside
7.23of the state are exempt from the application fee in this paragraph if the registrant properly
7.24documents the sale location and distributors. A registrant paying more than the minimum
7.25fee shall pay the balance due by March 1 based on the gross sales of the pesticide by the
7.26registrant for the preceding calendar year. The fee for disinfectants and sanitizers shall be
7.27the minimum. The minimum fee is due by December 31 preceding the year for which
7.28the application for registration is made.The commissioner shall spend at least $400,000,
7.29not including the commissioner's administrative costs, per fiscal year from the pesticide
7.30regulatory account for the purposes of the waste pesticide collection program. In each
7.31fiscal year, the commissioner shall allocate from the pesticide regulatory account a sum
7.32sufficient to collect and dispose of waste pesticides under section 18B.065. However,
7.33notwithstanding section 18B.065, if the commissioner determines that the balance in the
7.34pesticide regulatory account at the end of the fiscal year will be less than $500,000, the
7.35commissioner may suspend waste pesticide collections or provide partial payment to a
8.1person for waste pesticide collection. The commissioner must notify as soon as possible
8.2and no later than August 1 a person under contract to collect waste pesticides of an
8.3anticipated suspension or payment reduction.
8.4 (b) An additional fee of $100 must be paid by the applicant for each pesticide to be
8.5registered if the application is a renewal application that is submitted after December 31.
8.6 (c) A registrant must annually report to the commissioner the amount and type of
8.7each registered pesticide sold, offered for sale, or otherwise distributed in the state. The
8.8report shall be filed by March 1 for the previous year's registration. The commissioner
8.9shall specify the form of the report and require additional information deemed necessary
8.10to determine the amount and type of pesticides annually distributed in the state. The
8.11information required shall include the brand name, amount, and formulation of each
8.12pesticide sold, offered for sale, or otherwise distributed in the state, but the information
8.13collected, if made public, shall be reported in a manner which does not identify a specific
8.14brand name in the report.
8.15 (d) A registrant who is required to pay more than the minimum fee for any pesticide
8.16under paragraph (a) must pay a late fee penalty of $100 for each pesticide application fee
8.17paid after March 1 in the year for which the license is to be issued.
8.18EFFECTIVE DATE.This section is effective July 1, 2008, and applies to all
8.19cooperative agreements entered into by the commissioner of agriculture and local units of
8.20government for waste pesticide collection and disposal after that date.
8.21 Sec. 8. Minnesota Statutes 2006, section 18D.305, subdivision 2, is amended to read:
8.22 Subd. 2. Revocation and suspension. (a) The commissioner may, after written
8.23notice and hearing, revoke, suspend, or refuse to grant or renew a registration, permit,
8.24license, or certification if a person violates a provision of this chapter or has a history
8.25within the last three years of violations of this chapter.
8.26 (b) The commissioner may refuse to accept an application for a registration, permit,
8.27license, or certification, and may revoke or suspend a previously issued registration,
8.28permit, license, or certification of a person from another state if that person has:
8.29 (1) had a registration, permit, license, or certification denied, revoked, or suspended
8.30by another state for an offense reasonably related to the requirements, qualifications, or
8.31duties of a registration, permit, license, or certification issued under chapter 18B or 18C; or
8.32 (2) been convicted of a violation, had a history of violations, or been subject to a
8.33final order imposing civil penalties authorized under the Federal Insecticide, Fungicide
8.34and Rodenticide Act (FIFRA), as amended.
9.1 Sec. 9. Minnesota Statutes 2006, section 18E.04, subdivision 2, is amended to read:
9.2 Subd. 2. Payment of corrective action costs. (a) On request by an eligible person,
9.3the board may pay the eligible person for the reasonable and necessary cash disbursements
9.4for corrective action costs incurred by the eligible person as provided under subdivision 4
9.5if the board determines:
9.6 (1) the eligible person pays the first $1,000 of the corrective action costs;
9.7 (2) the eligible person provides the board with a sworn affidavit and other convincing
9.8evidence that the eligible person is unable to pay additional corrective action costs;
9.9 (3) the eligible person continues to assume responsibility for carrying out the
9.10requirements of corrective action orders issued to the eligible person or that are in effect;
9.11 (4) the incident was reported as required in chapters 18B, 18C, and 18D; and
9.12 (5) the eligible person submits an application for payment or reimbursement to the
9.13department, along with associated invoices, within three years of (i)incurring eligible
9.14corrective action costs performance of the eligible work, or (ii) approval of a the related
9.15corrective action design or plan for that work, whichever is later.
9.16 (b)The eligible person must submit an application for payment or reimbursement of
9.17eligible cost incurred prior to July 1, 2001, no later than June 1, 2004.
9.18(c) An eligible person is not eligible for payment or reimbursement and must refund
9.19amounts paid or reimbursed by the board if false statements or misrepresentations are
9.20made in the affidavit or other evidence submitted to the commissioner to show an inability
9.21to pay corrective action costs.
9.22(d) (c) The board may pay the eligible person and one or more designees by
9.23multiparty check.
9.24 Sec. 10. Minnesota Statutes 2006, section 28A.03, is amended by adding a subdivision
9.25to read:
9.26 Subd. 10. Vending machine. "Vending machine" means a self-service device that,
9.27upon insertion of a coin, paper currency, token, card, or key, dispenses unit servings of
9.28food in bulk or in packages without the necessity of replenishing the device between
9.29each vending operation.
9.30 Sec. 11. Minnesota Statutes 2006, section 28A.05, is amended to read:
9.3128A.05 CLASSIFICATION.
9.32 All persons required to have a license under section28A.04 shall be classified
9.33into one of the following classes of food handlers, according to their principal mode of
9.34business.
10.1 (a) Retail food handlers are persons who sell or process and sell food directly to the
10.2ultimate consumer or who custom process meat or poultry. The term includes a person
10.3who sells food directly to the ultimate consumer through the use ofcoin actuated vending
10.4machines, and a person who sells food for consumption on-site or off-site if the sale is
10.5conducted on the premises that are part of a grocery or convenience store operation.
10.6 (b) Wholesale food handlers are persons who sell to others for resale. A person who
10.7handles food in job lots (jobbers) is included in this classification.
10.8 (c) Wholesale food processors or manufacturers are persons who process or
10.9manufacture raw materials and other food ingredients into food items, or who reprocess
10.10food items, or who package food for sale to others for resale, or who commercially
10.11slaughter animals or poultry. Included herein are persons who can, extract, ferment,
10.12distill, pickle, bake, freeze, dry, smoke, grind, mix, stuff, pack, bottle, recondition, or
10.13otherwise treat or preserve food for sale to others for resale, cold storage warehouse
10.14operators as defined in section28.01, subdivision 3 , salvage food processors as defined in
10.15section31.495, subdivision 1 , dairy plants as defined in section
32.01, subdivision 6 , and
10.16nonresident manufacturers of frozen foods as described in section32.59 .
10.17 (d) A food broker is a person who buys and sells food and who negotiates between
10.18a buyer and a seller of food, but who at no time has custody of the food being bought
10.19and sold.
10.20 Sec. 12. Minnesota Statutes 2006, section 28A.08, is amended to read:
10.2128A.08 LICENSE FEES; PENALTIES.
10.22 Subdivision 1. General. License fees, penalties for late renewal of licenses, and
10.23penalties for not obtaining a license before conducting business in food handling that are
10.24set in this section apply to the sections named except as provided under section28A.09 .
10.25Except as specified herein, bonds and assessments based on number of units operated or
10.26volume handled or processed which are provided for in said laws shall not be affected,
10.27nor shall any penalties for late payment of said assessments, nor shall inspection fees, be
10.28affected by this chapter. The penalties may be waived by the commissioner. Fees for all
10.29new licenses must be based on the anticipated future gross annual food sales. If a firm is
10.30found to be operating for multiple years without paying license fees, the state may collect
10.31the appropriate fees and penalties for each year of operation.
10.32 Subd. 3. Fees effective July 1, 2003.
15.30 Sec. 13. Minnesota Statutes 2006, section 28A.082, is amended by adding a
15.31subdivision to read:
16.1 Subd. 3. Disaster areas. If the governor declares a disaster in an area of the
16.2state, the commissioner of agriculture may waive the plan review fee and direct agency
16.3personnel to expedite the plan review process.
16.4 Sec. 14. Minnesota Statutes 2006, section 28A.09, subdivision 1, is amended to read:
16.5 Subdivision 1. Annual fee; exceptions. Everycoin-operated food vending machine
16.6is subject to an annual state inspection fee of $25 for each nonexempt machine except
16.7nut vending machines which are subject to an annual state inspection fee of $10 for each
16.8machine, provided that:
16.9 (a) Food vending machines may be inspected by either a home rule charter or
16.10statutory city, or a county, but not both, and if inspected by a home rule charter or statutory
16.11city, or a county they shall not be subject to the state inspection fee, but the home rule
16.12charter or statutory city, or the county may impose an inspection or license fee of no more
16.13than the state inspection fee. A home rule charter or statutory city or county that does
16.14not inspect food vending machines shall not impose a food vending machine inspection
16.15or license fee.
16.16 (b) Vending machines dispensing only gum balls, hard candy, unsorted candy, or ice
16.17manufactured and packaged by anothershall be, and water dispensing machines serviced
16.18by a cashier, are exempt from the state inspection fee, but may be inspected by the state. A
16.19home rule charter or statutory city may impose by ordinance an inspection or license fee
16.20of no more than the state inspection fee for nonexempt machines on the vending machines
16.21and water dispensing machines described in this paragraph. A county may impose
16.22by ordinance an inspection or license fee of no more than the state inspection fee for
16.23nonexempt machines on the vending machines and water dispensing machines described
16.24in this paragraph which are not located in a home rule charter or statutory city.
16.25 (c) Vending machines dispensing only bottled or canned soft drinks are exempt from
16.26the state, home rule charter or statutory city, and county inspection fees, but may be
16.27inspected by the commissioner or the commissioner's designee.
16.28 Sec. 15. Minnesota Statutes 2006, section 29.23, is amended to read:
16.2929.23 GRADING.
16.30 Subdivision 1. Grades, weight classes and standards for quality. All eggs
16.31purchased on the basis of grade by the first licensed buyer shall be graded in accordance
16.32with grade and weight classes established by the commissioner. The commissioner shall
16.33establish, by rule, and from time to time, may amend or revise, grades, weight classes,
16.34and standards for quality. When grades, weight classes, and standards for quality have
17.1been fixed by the secretary of the Department of Agriculture of the United States, they
17.2may must be accepted and published by the commissioner as definitions or standards for
17.3eggs in interstate and intrastate commerce.
17.4 Subd. 2. Equipment. The commissioner shall also by rule provide for minimum
17.5plant and equipment requirements for candling, grading, handling and storing eggs, and
17.6shall define candling. Equipment in use by a wholesale food handler before July 1, 1991,
17.7that does not meet the design and fabrication requirements of this chapter may remain in
17.8use if it is in good repair, capable of being maintained in a sanitary condition, and capable
17.9of maintaining a temperature of 45 degrees Fahrenheit (7 degrees Celsius) or less.
17.10 Subd. 3. Egg temperature. Eggs must be held at a temperature not to exceed 45
17.11degrees Fahrenheit (7 degrees Celsius) after being received by the egg handler except for
17.12cleaning, sanitizing, grading, and further processing when they must immediately be
17.13placed under refrigeration that is maintained at 45 degrees Fahrenheit (7 degrees Celsius)
17.14or below. Eggs offered forretail sale by a retail food handler must be held at a temperature
17.15not to exceed45 41 degrees Fahrenheit (7 degrees Celsius). Equipment in use prior to
17.16August 1, 1991, is not subject to this requirement. Shell eggs that have been frozen must
17.17not be offered for sale except as approved by the commissioner.
17.18 Subd. 4. Vehicle temperature. A vehicle usedfor the transportation of to transport
17.19shell eggs from a warehouse, retail store, candling and grading facility, or egg holding
17.20facility must have an ambient air temperature of 45 degrees Fahrenheit (7 degrees Celsius)
17.21or below.
17.22 Sec. 16. Minnesota Statutes 2006, section 31.05, is amended to read:
17.2331.05 EMBARGOES AND CONDEMNATIONS.
17.24 Subdivision 1. Definitions. As used in this section, "animals" means cattle; swine;
17.25sheep; goats; poultry; farmed cervidae, as defined in section 35.153, subdivision 3;
17.26llamas, as defined in section 17.455, subdivision 2; ratitae, as defined in section 17.453,
17.27subdivision 3; equines; and other large domesticated animals.
17.28 Subd. 1a. Tag or notice. A duly authorized agent of the commissioner who finds or
17.29has probable cause to believe that any food, animal, or consumer commodity is adulterated
17.30or so misbranded as to be dangerous or fraudulent, or is in violation of section31.131
17.31shall affix to such article or animal a tag or other appropriate marking giving notice that
17.32such article or animal is, or is suspected of being, adulterated or misbranded and has
17.33been detained or embargoed, and warning all persons not to remove or dispose of such
17.34article or animal by sale or otherwise until permission for removal or disposal is given by
18.1such agent or the court. It shall be unlawful for any person to remove or dispose of such
18.2detained or embargoed article or animal by sale or otherwise without such permission.
18.3 Subd. 2. Action for condemnation. When an article or animal detained or
18.4embargoed under subdivision 1 has been found by such agent to be adulterated, or
18.5misbranded, the agent shall petition the district court in the county in which the article or
18.6animal is detained or embargoed for an order and decree for the condemnation of such
18.7article or animal. Any such agent who has found that an article or animal so detained or
18.8embargoed is not adulterated or misbranded, shall remove the tag or other marking.
18.9 Subd. 3. Remedies. If the court finds that a detained or embargoed article or animal
18.10is adulterated or misbranded, such article or animal shall, after entry of the decree, be
18.11destroyed at the expense of the claimant thereof, under the supervision of such agent, and
18.12all court costs and fees, and storage and other proper expenses, shall be taxed against
18.13the claimant of such article or animal or the claimant's agent; provided, that when the
18.14adulteration or misbranding can be corrected by proper labeling or processing of the article
18.15or animal, the court, after entry of the decree and after such costs, fees, and expenses have
18.16been paid and a good and sufficient bond, conditioned that such article or animal shall be
18.17so labeled or processed, has been executed, may by order direct that such article or animal
18.18be delivered to claimant thereof for such labeling or processing under the supervision of
18.19an agent of the commissioner. The expense of such supervision shall be paid by claimant.
18.20The article or animal shall be returned to the claimant and the bond shall be discharged on
18.21the representation to the court by the commissioner that the article or animal is no longer
18.22in violation and that the expenses of such supervision have been paid.
18.23 Subd. 4. Duties of commissioner. Whenever the commissioner or any of the
18.24commissioner's authorized agents shall find in any room, building, vehicle of transportation
18.25or other structure, any meat, seafood, poultry, vegetable, fruit, or other perishable articles
18.26of food which are unsound, or contain any filthy, decomposed, or putrid substance, or that
18.27may be poisonous or deleterious to health or otherwise unsafe, the same being hereby
18.28declared to be a nuisance, the commissioner, or the commissioner's authorized agent, shall
18.29forthwith condemn or destroy the same, or in any other manner render the same unsalable
18.30as human food, and no one shall have any cause of action against the commissioner or the
18.31commissioner's authorized agent on account of such action.
18.32 Subd. 5. Emergency response. In the event of an emergency declared by the
18.33governor's order under section12.31 , if the commissioner finds or has probable cause to
18.34believe thata livestock, food, or a consumer commodity within a specific area is likely
18.35to be adulterated because of the emergency or so misbranded as to be dangerous or
19.1fraudulent, or is in violation of section31.131, subdivision 1 , the commissioner may
19.2embargo a geographic area that is included in the declared emergency. The commissioner
19.3shall provide notice to the public and to those with custody of the product in as thorough a
19.4manner as is practical under the emergency circumstances.
19.5 Sec. 17. Minnesota Statutes 2006, section 31.171, is amended to read:
19.631.171 EMPLOYMENT OF DISEASED PERSON.
19.7 It shall be unlawful for any person to work in or about any place where any fruit
19.8or any food products are manufactured, packed, stored, deposited, collected, prepared,
19.9produced or sold, whose condition is such that disease may be spread to associates direct,
19.10or through the medium of milk, cream, butter, other food or food products, likely to be
19.11eaten without being cooked after handling, whether such condition be due to a contagious,
19.12or infectious, or venereal disease, in its active or convalescent stage, or to the presence of
19.13disease germs, whether accompanied by, or without, any symptoms of the disease itself.
19.14 It shall be the duty of the commissioner, or the commissioner's assistant, inspector, or
19.15agent, to report to the state commissioner of health for investigation, any person suspected
19.16to be dangerous to the public health, as provided for in this section, and immediately to
19.17exclude such person from such employment pending investigation and during the period
19.18of infectiousness, if such person is certified by the state commissioner of health, or an
19.19authorized agent, to be dangerous to the public health.
19.20 Sec. 18. Minnesota Statutes 2007 Supplement, section 31.175, is amended to read:
19.2131.175 WATER, PLUMBING, AND SEWAGE.
19.22 A person who is required by statutes administered by the Department of Agriculture,
19.23or by rules adopted pursuant to those statutes, to provide a suitable water supply,
19.24or plumbing or sewage disposal system, may shall not engage in the business of
19.25manufacturing, processing, selling, handling, or storing food at wholesale or retail
19.26unless the person's water supply is satisfactoryunder plumbing codes pursuant to rules
19.27adopted by the Department of Health, the person's plumbing is satisfactory pursuant to
19.28rules adopted by the Department of Labor and Industry, and the person's sewage disposal
19.29system satisfies the rules of the Pollution Control Agency.
19.30 Sec. 19. [32.416] SOMATIC CELL COUNT, GOAT MILK.
19.31 Notwithstanding any federal standard incorporated by reference in this chapter, the
19.32maximum allowable somatic cell count for raw goat milk is 1,500,000 cells per milliliter.
19.33 Sec. 20. Minnesota Statutes 2006, section 41A.09, subdivision 3a, is amended to read:
20.1 Subd. 3a. Ethanol producer payments. (a) The commissioner shall make cash
20.2payments to producers of ethanol located in the state that have begun production at a
20.3specific location by June 30, 2000. For the purpose of this subdivision, an entity that holds
20.4a controlling interest in more than one ethanol plant is considered a single producer.
20.5The amount of the payment for each producer's annual production, except as provided
20.6in paragraph (c), is 20 cents per gallon for each gallon of ethanol produced at a specific
20.7location on or before June 30, 2000, or ten years after the start of production, whichever is
20.8later. Annually, within 90 days of the end of its fiscal year, an ethanol producer receiving
20.9payments under this subdivision must file a disclosure statement on a form provided by
20.10the commissioner. The initial disclosure statement must include a summary description
20.11of the organization of the business structure of the claimant, a listing of the percentages
20.12of ownership by any person or other entity with an ownership interest of five percent or
20.13greater, and a copy of its annual audited financial statements, including the auditor's report
20.14and footnotes. The disclosure statement must include information demonstrating what
20.15percentage of the entity receiving payments under this section is owned by farmers or
20.16other entities eligible to farm or own agricultural land in Minnesota under the provisions
20.17of section500.24 . Subsequent annual reports must reflect noncumulative changes in
20.18ownership of ten percent or more of the entity. The report need not disclose the identity of
20.19the persons or entities eligible to farm or own agricultural land with ownership interests,
20.20individuals residing within 30 miles of the plant, or of any other entity with less than
20.21ten percent ownership interest, but the claimant must retain information within its files
20.22confirming the accuracy of the data provided. This data must be made available to the
20.23commissioner upon request. Not later than the 15th day of February in each year the
20.24commissioner shall deliver to the chairs of the standing committees of the senate and the
20.25house of representatives that deal with agricultural policy and agricultural finance issues
20.26an annual report summarizing aggregated data from plants receiving payments under this
20.27section during the preceding calendar year. Audited financial statements and notes and
20.28disclosure statements submitted to the commissioner are nonpublic data under section
20.2913.02, subdivision 9
. Notwithstanding the provisions of chapter 13 relating to nonpublic
20.30data, summaries of the submitted audited financial reports and notes and disclosure
20.31statements will be contained in the report to the committee chairs and will be public data.
20.32 (b) No payments shall be made for ethanol production that occurs after June 30,
20.332010. A producer of ethanol shall not transfer the producer's eligibility for payments
20.34under this section to an ethanol plant at a different location.
20.35 (c) If the level of production at an ethanol plant increases due to an increase in the
20.36production capacity of the plant, the payment under paragraph (a) applies to the additional
21.1increment of production until ten years after the increased production began. Once a
21.2plant's production capacity reaches 15,000,000 gallons per year, no additional increment
21.3will qualify for the payment.
21.4 (d) Total payments under paragraphs (a) and (c) to a producer in a fiscal year may
21.5not exceed $3,000,000.
21.6 (e) By the last day of October, January, April, and July, each producer shall file a
21.7claim for payment for ethanol production during the preceding three calendar months.
21.8A producer that files a claim under this subdivision shall include a statement of the
21.9producer's total ethanol production in Minnesota during the quarter covered by the claim.
21.10For each claim and statement of total ethanol production filed under this subdivision,
21.11the volume of ethanol production must be examined by an independent certified public
21.12accountant in accordance with standards established by the American Institute of Certified
21.13Public Accountants.
21.14 (f) Payments shall be made November 15, February 15, May 15, and August 15. A
21.15separate payment shall be made for each claim filed. Except as provided in paragraph (g),
21.16the total quarterly payment to a producer under this paragraph may not exceed $750,000.
21.17 (g) Notwithstanding the quarterly payment limits of paragraph (f), the commissioner
21.18shall make an additional payment in the fourth quarter of each fiscal year to ethanol
21.19producers for the lesser of: (1) 20 cents per gallon of production in the fourth quarter of the
21.20year that is greater than 3,750,000 gallons; or (2) the total amount of payments lost during
21.21the first three quarters of the fiscal year due to plant outages, repair, or major maintenance.
21.22Total payments to an ethanol producer in a fiscal year, including any payment under this
21.23paragraph, must not exceed the total amount the producer is eligible to receive based on
21.24the producer's approved production capacity. The provisions of this paragraph apply only
21.25to production losses that occur in quarters beginning after December 31, 1999.
21.26 (h) The commissioner shall reimburse ethanol producers for any deficiency in
21.27payments during earlier quarters if the deficiency occurred because of unallotment or
21.28because appropriated money was insufficient to make timely payments in the full amount
21.29provided in paragraph (a). Notwithstanding the quarterly or annual payment limitations in
21.30this subdivision, the commissioner shall begin making payments for earlier deficiencies in
21.31each fiscal year that appropriations for ethanol payments exceed the amount required to
21.32make eligible scheduled payments. Payments for earlier deficiencies must continue until
21.33the deficiencies for each producer are paid in full, except the commissioner shall not make
21.34a deficiency payment to an entity that no longer produces ethanol on a commercial scale
21.35at the location for which the entity qualified for producer payments, or to an assignee of
21.36the entity.
22.1 (i) The commissioner may make direct payments to producers of rural economic
22.2infrastructure with any amount of the annual appropriation for ethanol producer payments
22.3and rural economic infrastructure that is in excess of the amount required to make
22.4scheduled ethanol producer payments and deficiency payments under paragraphs (a) to (h).
22.5 Sec. 21. Minnesota Statutes 2007 Supplement, section 41A.105, is amended to read:
22.641A.105 NEXTGEN ENERGY.
22.7 Subdivision 1. Purpose. It is the goal of the state through the Department of
22.8Agriculture to research and develop energy sources to displace fossil fuels with renewable
22.9technology.
22.10 Subd. 2. NextGen Energy Board. There is created a NextGen Energy Board
22.11consisting of the commissioners of agriculture, commerce, natural resources, the Pollution
22.12Control Agency, and employment and economic development; the chairs of the house and
22.13senate committees with jurisdiction over energy finance; the chairs of the house and senate
22.14committees with jurisdiction over agriculture finance; one member of the second largest
22.15political party in the house, as appointed by the chairs of the house committees with
22.16jurisdiction over agriculture finance and energy finance; one member of the second largest
22.17political party in the senate, as appointed by the chairs of the senate committees with
22.18jurisdiction over agriculture finance and energy finance; and the executive director of the
22.19Agricultural Utilization Research Institute. In addition, the governor shall appointseven
22.20eight members: two representing statewide agriculture organizations; two representing
22.21statewide environment and natural resource conservation organizations; one representing
22.22the University of Minnesota; one representing the Minnesota Institute for Sustainable
22.23Agriculture;and one representing the Minnesota State Colleges and Universities system;
22.24and one representing the forest products industry.
22.25 Subd. 3. Duties. The board shall research and report to the commissioner of
22.26agriculture and to the legislature recommendations as to how the state can invest its
22.27resources to most efficiently achieve energy independence, agricultural and natural
22.28resources sustainability, and rural economic vitality. The board shall:
22.29 (1) examine the future of fuels, such as synthetic gases, biobutanol, hydrogen,
22.30methanol, biodiesel, and ethanol within Minnesota;
22.31 (2) develop equity grant programs to assist locally owned facilities;
22.32 (3) study the proper role of the state in creating financing and investing and
22.33providing incentives;
23.1 (4) evaluate how state and federal programs, including the Farm Bill, can best work
23.2together and leverage resources;
23.3 (5) work with other entities and committees to develop a clean energy program; and
23.4 (6) report to the legislature before February 1 each year with recommendations as
23.5to appropriations and results of past actions and projects.
23.6 Subd. 4. Commissioner's duties. The commissioner of agriculture shall administer
23.7this section.
23.8 Subd. 5. Expiration. This section expires June 30,2009. 2014.
23.9 Sec. 22. Minnesota Statutes 2006, section 41D.01, subdivision 4, is amended to read:
23.10 Subd. 4. Expiration. This section expires on June 30,2008 2013.
23.11EFFECTIVE DATE.This section is effective the day following final enactment.
23.12 Sec. 23. Minnesota Statutes 2006, section 97A.028, subdivision 3, is amended to read:
23.13 Subd. 3. Emergency deterrent materials assistance. (a) For the purposes of this
23.14subdivision, "cooperative damage management agreement" means an agreement between
23.15a landowner or tenant and the commissioner that establishes a program for addressing the
23.16problem of destruction of the landowner's or tenant's specialty crops or stored forage crops
23.17by wild animals, or destruction of agricultural crops by flightless Canada geese.
23.18 (b) A landowner or tenant may apply to the commissioner for emergency deterrent
23.19materials assistance in controlling destruction of the landowner's or tenant's specialty
23.20crops or stored forage crops by wild animals, or destruction of agricultural crops by
23.21flightless Canada geese. Subject to the availability of money appropriated for this purpose,
23.22the commissioner shall provide suitable deterrent materials when the commissioner
23.23determines that:
23.24 (1) immediate action is necessary to prevent significant damage from continuing
23.25or to prevent the spread of bovine tuberculosis; and
23.26 (2) a cooperative damage management agreement cannot be implemented
23.27immediately.
23.28 (c) A person may receive emergency deterrent materials assistance under this
23.29subdivision more than once, but the cumulative total value of deterrent materials provided
23.30to a person, or for use on a parcel, may not exceed $3,000 for specialty crops,$5,000 for
23.31measures to prevent the spread of bovine tuberculosis within a five-mile radius of a cattle
23.32herd that is infected with bovine tuberculosis as determined by the Board of Animal
23.33Health, $750 for protecting stored forage crops, or $500 for agricultural crops damaged by
24.1flightless Canada geese. If a person is a co-owner or cotenant with respect to the specialty
24.2crops for which the deterrent materials are provided, the deterrent materials are deemed to
24.3be "provided" to the person for the purposes of this paragraph.
24.4 (d) As a condition of receiving emergency deterrent materials assistance under this
24.5subdivision, a landowner or tenant shall enter into a cooperative damage management
24.6agreement with the commissioner. Deterrent materials provided by the commissioner may
24.7include repellents, fencing materials, or other materials recommended in the agreement
24.8to alleviate the damage problem. If requested by a landowner or tenant, any fencing
24.9materials provided must be capable of providing long-term protection of specialty crops.
24.10A landowner or tenant who receives emergency deterrent materials assistance under
24.11this subdivision shall comply with the terms of the cooperative damage management
24.12agreement.
24.13 Sec. 24. Minnesota Statutes 2006, section 148.01, subdivision 1, is amended to read:
24.14 Subdivision 1. Definitions. For the purposes of sections148.01 to
148.10 ,:
24.15 (1) "chiropractic" is defined as the science of adjusting any abnormal articulations of
24.16the human body, especially those of the spinal column, for the purpose of giving freedom
24.17of action to impinged nerves that may cause pain or deranged function; and
24.18 (2) "animal chiropractic diagnosis and treatment" means treatment that includes
24.19identifying and resolving vertebral subluxation complexes, spinal manipulation, and
24.20manipulation of the extremity articulations of nonhuman vertebrates. Animal chiropractic
24.21diagnosis and treatment does not include:
24.22 (i) performing surgery;
24.23 (ii) dispensing or administering of medications; or
24.24 (iii) performing traditional veterinary care and diagnosis.
24.25EFFECTIVE DATE.This section is effective the day following final enactment.
24.26 Sec. 25. Minnesota Statutes 2006, section 148.01, is amended by adding a subdivision
24.27to read:
24.28 Subd. 1a. Animal chiropractic practice. A licensed chiropractor may engage in
24.29the practice of animal chiropractic diagnosis and treatment if registered to do so by the
24.30board, and the animal has been referred to the chiropractor by a veterinarian.
24.31EFFECTIVE DATE.This section is effective the day following final enactment.
24.32 Sec. 26. Minnesota Statutes 2006, section 148.01, is amended by adding a subdivision
24.33to read:
25.1 Subd. 1b. Scope of practice; animal chiropractic. Criteria for registration
25.2to engage in the practice of animal chiropractic diagnosis and treatment must be set
25.3by the board, and must include, but are not limited to: active chiropractic license;
25.4education and training in the field of animal chiropractic from an American Veterinary
25.5Chiropractic Association, International Veterinary Chiropractic Association, or higher
25.6institution-approved course consisting of no less than 210 hours, meeting continuing
25.7education requirements; and other conditions and rules set by the board. The board
25.8shall consult with the State Board of Veterinary Medicine in preparing proposed rules
25.9on animal chiropractic.
25.10EFFECTIVE DATE.This section is effective the day following final enactment.
25.11 Sec. 27. Minnesota Statutes 2006, section 148.01, is amended by adding a subdivision
25.12to read:
25.13 Subd. 1c. Titles. Notwithstanding the limitations established in section 156.12,
25.14subdivision 4, a doctor of chiropractic properly registered to provide chiropractic care to
25.15animals in accordance with this chapter and rules of the board may use the title "animal
25.16chiropractor."
25.17EFFECTIVE DATE.This section is effective the day following final enactment.
25.18 Sec. 28. Minnesota Statutes 2006, section 148.01, is amended by adding a subdivision
25.19to read:
25.20 Subd. 1d. Provisional interim statute. Upon approval by the board, a licensed
25.21chiropractor who has already taken and passed the education and training requirement
25.22set forth in subdivision 1b may engage in the practice of animal chiropractic during the
25.23time that the rules are being promulgated by the board. Enforcement actions may not
25.24be taken against persons who have completed the approved program of study by the
25.25American Veterinary Chiropractic Association or the International Veterinary Chiropractic
25.26Association until the rules have been adopted by the board.
25.27EFFECTIVE DATE.This section is effective the day following final enactment.
25.28 Sec. 29. [148.032] EDUCATIONAL CRITERIA FOR LICENSURE IN ANIMAL
25.29CHIROPRACTIC DIAGNOSIS AND TREATMENT; RECORDS; TREATMENT
25.30NOTES.
26.1 (a) The following educational criteria must be applied to any licensed chiropractor
26.2who requests registration in animal chiropractic diagnosis and treatment. The criteria must
26.3include education and training in the following subjects:
26.4 (1) anatomy;
26.5 (2) anatomy laboratory;
26.6 (3) biomechanics and gait;
26.7 (4) chiropractic educational basics;
26.8 (5) animal chiropractic diversified adjusting technique, including:
26.9 (i) lecture cervical;
26.10 (ii) thoracic;
26.11 (iii) lumbosacral;
26.12 (iv) pelvic; and
26.13 (v) extremity;
26.14 (6) animal chiropractic diversified adjusting technique, including:
26.15 (i) laboratory cervical;
26.16 (ii) thoracic;
26.17 (iii) lumbosacral;
26.18 (iv) pelvic; and
26.19 (v) extremity;
26.20 (7) case management and case studies;
26.21 (8) chiropractic philosophy;
26.22 (9) ethics and legalities;
26.23 (10) neurology, neuroanatomy, and neurological conditions;
26.24 (11) pathology;
26.25 (12) radiology;
26.26 (13) research in current chiropractic and veterinary topics;
26.27 (14) rehabilitation, current topics, evaluation, and assessment;
26.28 (15) normal foot anatomy and normal foot care;
26.29 (16) saddle fit and evaluation, lecture, and laboratory;
26.30 (17) veterinary educational basics;
26.31 (18) vertebral subluxation complex; and
26.32 (19) zoonotic diseases.
26.33 (b) A licensed chiropractor requesting registration in animal chiropractic diagnosis
26.34and treatment must have completed and passed a course of study from an American
26.35Veterinary Chiropractic Association, International Veterinary Chiropractic Association, or
27.1higher institution-approved program, consisting of no less than 210 hours of education
27.2and training as set forth in paragraph (a).
27.3 (c) A licensed chiropractor engaged in the practice of animal chiropractic diagnosis
27.4and treatment must maintain complete and accurate records and patient files in the
27.5chiropractor's office for at least three years.
27.6 (d) A licensed chiropractor engaged in the practice of animal chiropractic diagnosis
27.7and treatment must make treatment notes and records available to the patient's owner
27.8upon request and must communicate their findings and treatment plan with the referring
27.9veterinarian if requested by the patient's owner.
27.10 (e) A licensed chiropractor who treats both animal and human patients in the same
27.11facility must post a conspicuous sign in the reception area of that facility informing
27.12customers that nonhuman patients are treated on the premises.
27.13EFFECTIVE DATE.This section is effective the day following final enactment.
27.14 Sec. 30. [148.033] ANIMAL CHIROPRACTIC CONTINUING EDUCATION
27.15HOURS.
27.16 Any chiropractor engaged in the practice of animal chiropractic diagnosis and
27.17treatment applying for renewal of a registration related to animal chiropractic diagnosis
27.18and treatment must have completed a minimum of six hours annually of continuing
27.19education in animal chiropractic diagnosis and treatment, in addition to the required 20
27.20hours annually of continuing education in human chiropractic under this chapter. The
27.21continuing education course attended for purposes of complying with this section must be
27.22approved by the board prior to attendance by the chiropractor.
27.23EFFECTIVE DATE.This section is effective the day following final enactment.
27.24 Sec. 31. [148.035] SEPARATE TREATMENT ROOM REQUIRED.
27.25 A licensed chiropractor who provides animal chiropractic treatment in the same
27.26facility where human patients are treated, shall maintain a separate noncarpeted room for
27.27the purpose of adjusting animals. The table and equipment used for animals shall not be
27.28used for human patients.
27.29EFFECTIVE DATE.This section is effective the day following final enactment.
27.30 Sec. 32. Minnesota Statutes 2006, section 156.001, is amended by adding a subdivision
27.31to read:
27.32 Subd. 10a. Program for the Assessment of Veterinary Education Equivalence;
27.33PAVE certificate. A "Program for the Assessment of Veterinary Education Equivalence"
28.1or "PAVE" certificate is issued by the American Association of Veterinary State Boards,
28.2indicating that the holder has demonstrated knowledge and skill equivalent to that
28.3possessed by a graduate of an accredited or approved college of veterinary medicine.
28.4 Sec. 33. Minnesota Statutes 2006, section 156.02, subdivision 1, is amended to read:
28.5 Subdivision 1. License application. Application for a license to practice veterinary
28.6medicine in this state shall be made in writing to the Board of Veterinary Medicine upon a
28.7form furnished by the board, accompanied by satisfactory evidence that the applicant is at
28.8least 18 years of age, is of good moral character, and has one of the following:
28.9 (1) a diploma conferring the degree of doctor of veterinary medicine, or an
28.10equivalent degree, from an accredited or approved college of veterinary medicine;
28.11 (2) an ECFVG or PAVE certificate; or
28.12 (3) a certificate from the dean of an accredited or approved college of veterinary
28.13medicine stating that the applicant is a student in good standing expecting to be graduated
28.14at the completion of the current academic year of the college in which the applicant is
28.15enrolled.
28.16 The application shall contain the information and material required by subdivision
28.172 and any other information that the board may, in its sound judgment, require. The
28.18application shall be filed with the board at least 60 days before the date of the examination.
28.19If the board deems it advisable, it may require that such application be verified by the
28.20oath of the applicant.
28.21 Sec. 34. Minnesota Statutes 2006, section 156.02, subdivision 2, is amended to read:
28.22 Subd. 2. Required with application. Every application shall contain the following
28.23information and material:
28.24 (1) the application fee set by the board in the form of a check or money order payable
28.25to the board, which fee is not returnable in the event permission to take the examination
28.26is denied for good cause;
28.27 (2) a copy of a diploma from an accredited or approved college of veterinary
28.28medicine or a certificate from the dean or secretary of an accredited or approved college of
28.29veterinary medicine showing the time spent in the school and the date when the applicant
28.30was duly and regularly graduated or will duly and regularly graduate or verification of
28.31ECFVG or PAVE certification;
28.32 (3) affidavits of at least two veterinarians and three adults who are not related to
28.33the applicant setting forth how long a time, when, and under what circumstances they
29.1have known the applicant, and any other facts as may be proper to enable the board to
29.2determine the qualifications of the applicant; and
29.3 (4) if the applicant has served in the armed forces, a copy of discharge papers.
29.4 Sec. 35. Minnesota Statutes 2006, section 156.04, is amended to read:
29.5156.04 BOARD TO ISSUE LICENSE.
29.6 The Board of Veterinary Medicine shall issue to every applicant who has successfully
29.7passed the required examination, who has received a diploma conferring the degree of
29.8doctor of veterinary medicine or an equivalent degree from an accredited or approved
29.9college of veterinary medicine or an ECFVG or PAVE certificate, and who shall have been
29.10adjudged to be duly qualified to practice veterinary medicine, a license to practice.
29.11 Sec. 36. Minnesota Statutes 2006, section 156.072, subdivision 2, is amended to read:
29.12 Subd. 2. Required with application. Such doctor of veterinary medicine shall
29.13accompany the application by the following:
29.14 (1) a copy of a diploma from an accredited or approved college of veterinary
29.15medicine or certification from the dean, registrar, or secretary of an accredited or approved
29.16college of veterinary medicine attesting to the applicant's graduation from an accredited
29.17or approved college of veterinary medicine, or a certificate of satisfactory completion of
29.18the ECFVG or PAVE program.
29.19 (2) affidavits of two licensed practicing doctors of veterinary medicine residing in
29.20the United States or Canadian licensing jurisdiction in which the applicant is currently
29.21practicing, attesting that they are well acquainted with the applicant, that the applicant is a
29.22person of good moral character, and has been actively engaged in practicing or teaching in
29.23such jurisdiction for the period above prescribed;
29.24 (3) a certificate from the regulatory agency having jurisdiction over the conduct of
29.25practice of veterinary medicine that such applicant is in good standing and is not the
29.26subject of disciplinary action or pending disciplinary action;
29.27 (4) a certificate from all other jurisdictions in which the applicant holds a currently
29.28active license or held a license within the past ten years, stating that the applicant is and
29.29was in good standing and has not been subject to disciplinary action;
29.30 (5) in lieu of clauses (3) and (4), certification from the Veterinary Information
29.31Verification Agency that the applicant's licensure is in good standing;
29.32 (6) a fee as set by the board in form of check or money order payable to the board,
29.33no part of which shall be refunded should the application be denied;
30.1 (7) score reports on previously taken national examinations in veterinary medicine,
30.2certified by the Veterinary Information Verification Agency; and
30.3 (8) if requesting waiver of examination, provide evidence of meeting licensure
30.4requirements in the state of the applicant's original licensure that were substantially equal
30.5to the requirements for licensure in Minnesota in existence at that time.
30.6 Sec. 37. Minnesota Statutes 2006, section 156.073, is amended to read:
30.7156.073 TEMPORARY PERMIT.
30.8 The board may issue without examination a temporary permit to practice veterinary
30.9medicine in this state to a person who has submitted an application approved by the
30.10board for license pending examination, and holds a doctor of veterinary medicine degree
30.11or an equivalent degree from an approved or accredited college of veterinary medicine
30.12or an ECFVG or PAVE certification. The temporary permit shall expire the day after
30.13publication of the notice of results of the first examination given after the permit is
30.14issued. No temporary permit may be issued to any applicant who has previously failed
30.15the national examination and is currently not licensed in any licensing jurisdiction of the
30.16United States or Canada or to any person whose license has been revoked or suspended
30.17or who is currently subject to a disciplinary order in any licensing jurisdiction of the
30.18United States or Canada.
30.19 Sec. 38. Minnesota Statutes 2006, section 156.12, subdivision 2, is amended to read:
30.20 Subd. 2. Authorized activities. No provision of this chapter shall be construed to
30.21prohibit:
30.22 (a) a person from rendering necessary gratuitous assistance in the treatment of any
30.23animal when the assistance does not amount to prescribing, testing for, or diagnosing,
30.24operating, or vaccinating and when the attendance of a licensed veterinarian cannot be
30.25procured;
30.26 (b) a person who is a regular student in an accredited or approved college of
30.27veterinary medicine from performing duties or actions assigned by instructors or
30.28preceptors or working under the direct supervision of a licensed veterinarian;
30.29 (c) a veterinarian regularly licensed in another jurisdiction from consulting with a
30.30licensed veterinarian in this state;
30.31 (d) the owner of an animal and the owner's regular employee from caring for and
30.32administering to the animal belonging to the owner, except where the ownership of the
30.33animal was transferred for purposes of circumventing this chapter;
31.1 (e) veterinarians who are in compliance with subdivision 6 and who are employed by
31.2the University of Minnesota from performing their duties with the College of Veterinary
31.3Medicine, College of Agriculture, Agricultural Experiment Station, Agricultural Extension
31.4Service, Medical School, School of Public Health, or other unit within the university; or
31.5a person from lecturing or giving instructions or demonstrations at the university or in
31.6connection with a continuing education course or seminar to veterinarians or pathologists
31.7at the University of Minnesota Veterinary Diagnostic Laboratory;
31.8 (f) any person from selling or applying any pesticide, insecticide or herbicide;
31.9 (g) any person from engaging in bona fide scientific research or investigations which
31.10reasonably requires experimentation involving animals;
31.11 (h) any employee of a licensed veterinarian from performing duties other than
31.12diagnosis, prescription or surgical correction under the direction and supervision of the
31.13veterinarian, who shall be responsible for the performance of the employee;
31.14 (i) a graduate of a foreign college of veterinary medicine from working under the
31.15direct personal instruction, control, or supervision of a veterinarian faculty member of
31.16the College of Veterinary Medicine, University of Minnesota in order to complete the
31.17requirements necessary to obtain an ECFVG or PAVE certificate.;
31.18 (j) a licensed chiropractor registered under section 148.01, subdivision 1a, from
31.19practicing animal chiropractic.
31.20 Sec. 39. Minnesota Statutes 2006, section 156.12, subdivision 4, is amended to read:
31.21 Subd. 4. Titles. It is unlawful for a person who has not received a professional
31.22degree from an accredited or approved college of veterinary medicine, or ECFVG or PAVE
31.23certification, to use any of the following titles or designations: Veterinary, veterinarian,
31.24animal doctor, animal surgeon, animal dentist, animal chiropractor, animal acupuncturist,
31.25or any other title, designation, word, letter, abbreviation, sign, card, or device tending to
31.26indicate that the person is qualified to practice veterinary medicine.
31.27 Sec. 40. Minnesota Statutes 2006, section 156.12, subdivision 6, is amended to read:
31.28 Subd. 6. Faculty licensure. (a) Veterinary Medical Center clinicians at the College
31.29of Veterinary Medicine, University of Minnesota, who are engaged in the practice of
31.30veterinary medicine as defined in subdivision 1 and who treat animals owned by clients of
31.31the Veterinary Medical Center must possess the same license required by other veterinary
31.32practitioners in the state of Minnesota except for persons covered by paragraphs (b) and (c).
31.33 (b) A specialty practitioner in a hard-to-fill faculty position who has been employed
31.34at the College of Veterinary Medicine, University of Minnesota, for five years or
32.1more prior to 2003 or is specialty board certified by the American Veterinary Medical
32.2Association or the European Board of Veterinary Specialization may be granted a specialty
32.3faculty Veterinary Medical Center clinician license which will allow the licensee to
32.4practice veterinary medicine in the state of Minnesota in the specialty area of the licensee's
32.5training and only within the scope of employment at the Veterinary Medical Center.
32.6 (c) A specialty practitioner in a hard-to-fill faculty position at the College of
32.7Veterinary Medicine, University of Minnesota, who has graduated from a board-approved
32.8foreign veterinary school may be granted a temporary faculty Veterinary Medical Center
32.9clinician license. The temporary faculty Veterinary Medical Center clinician license
32.10expires in two years and allows the licensee to practice veterinary medicine as defined
32.11in subdivision 1 and treat animals owned by clients of the Veterinary Medical Center.
32.12The temporary faculty Veterinary Medical Center clinician license allows the licensee to
32.13practice veterinary medicine in the state of Minnesota in the specialty area of the licensee's
32.14training and only within the scope of employment at the Veterinary Medical Center while
32.15under the direct supervision of a veterinarian currently licensed and actively practicing
32.16veterinary medicine in Minnesota, as defined in section 156.04. The direct supervising
32.17veterinarian must not have any current or past conditions, restrictions, or probationary
32.18status imposed on the veterinarian's license by the board within the past five years. The
32.19holder of a temporary faculty Veterinary Medical Center clinician license who is enrolled
32.20in a PhD program may apply for up to two additional consecutive two-year extensions
32.21of an expiring temporary faculty Veterinary Medical Center clinician license. Any other
32.22holder of a temporary faculty Veterinary Medical Center clinician license may apply for
32.23one two-year extension of the expiring temporary faculty Veterinary Medical Center
32.24clinician license. Temporary faculty Veterinary Medical Center clinician licenses that are
32.25allowed to expire may not be renewed. The board shall grant an extension to a licensee
32.26who demonstrates suitable progress toward completing the requirements of their academic
32.27program, specialty board certification, or full licensure in Minnesota by a graduate of a
32.28foreign veterinary college.
32.29 (d) Temporary and specialty faculty Veterinary Medical Center clinician licensees
32.30must abide by all the laws governing the practice of veterinary medicine in the state
32.31of Minnesota and are subject to the same disciplinary action as any other veterinarian
32.32licensed in the state of Minnesota.
32.33 (e) The fee for a license issued under this subdivision is the same as for a regular
32.34license to practice veterinary medicine in Minnesota. License payment deadlines, late
32.35payment fees, and other license requirements are also the same as for regular licenses.
33.1 Sec. 41. Minnesota Statutes 2006, section 156.15, subdivision 2, is amended to read:
33.2 Subd. 2. Service. Service of an order under this section is effective if the order is
33.3served on the person or counsel of record personally or bycertified United States mail to
33.4the most recent address provided to the board for the person or counsel of record.
33.5 Sec. 42. Minnesota Statutes 2006, section 156.16, subdivision 3, is amended to read:
33.6 Subd. 3. Dispensing. "Dispensing" means distribution of veterinary prescription
33.7drugs or over-the-counter drugs, human drugs for extra-label use, for extra-label use by a
33.8person licensed as a pharmacist by the Board of Pharmacy or a person licensed by the
33.9Board of Veterinary Medicine.
33.10 Sec. 43. Minnesota Statutes 2006, section 156.16, subdivision 10, is amended to read:
33.11 Subd. 10. Prescription. "Prescription" means an order from a veterinarian to a
33.12pharmacist or another veterinarian authorizing the dispensing ofa veterinary prescription
33.13drug drugs, human drugs for extra-label use, or over-the-counter drugs for extra-label use
33.14to a client for use on or in a patient.
33.15 Sec. 44. Minnesota Statutes 2006, section 156.18, subdivision 1, is amended to read:
33.16 Subdivision 1. Prescription. (a) A person may not dispense a veterinary
33.17prescription drug to a client without a prescription or other veterinary authorization. A
33.18person may not make extra-label use of an animal or human drug for an animal without a
33.19prescription from a veterinarian. A veterinarian or the veterinarian's authorized employee
33.20may dispensea veterinary prescription drug to drugs, human drugs for extra-label use, or
33.21an over-the-counter drug for extra-label use by a clientor oversee the extra-label use of
33.22a veterinary drug directly by a client without a separate written prescription, providing
33.23there is documentation of the prescription in the medical record and there is an existing
33.24veterinarian-client-patient relationship. The prescribing veterinarian must monitor the use
33.25of veterinary prescription drugs, human drugs for extra-label use, or over-the-counter
33.26drugs for extra-label use by a client.
33.27 (b) A veterinarian may dispense prescription veterinary drugs and prescribe and
33.28dispense extra-label use drugs to a client without personally examining the animal if
33.29a bona fide veterinarian-client-patient relationship exists and in the judgment of the
33.30veterinarian the client has sufficient knowledge to use the drugs properly.
33.31 (c) A veterinarian may issue a prescription or other veterinary authorization by oral or
33.32written communication to the dispenser, or by computer connection. If the communication
34.1is oral, the veterinarian must enter it into the patient's record. The dispenser must record
34.2the veterinarian's prescription or other veterinary authorization within 72 hours.
34.3 (d) A prescription or other veterinary authorization must include:
34.4 (1) the name, address, and, if written, the signature of the prescriber;
34.5 (2) the name and address of the client;
34.6 (3) identification of the species for which the drug is prescribed or ordered;
34.7 (4) the name, strength, and quantity of the drug;
34.8 (5) the date of issue;
34.9 (6) directions for use;and
34.10 (7) withdrawal time.;
34.11 (8) expiration date of prescription; and
34.12 (9) number of authorized refills.
34.13 (e) A veterinarian may, in the course of professional practice and an existing
34.14veterinarian-client-patient relationship, prepare medicaments that combine drugs approved
34.15by the United States Food and Drug Administration and other legally obtained ingredients
34.16with appropriate vehicles.
34.17 (f) A veterinarian or a bona fide employee of a veterinarian may dispense veterinary
34.18prescription drugs to a person on the basis of a prescription issued by a licensed
34.19veterinarian. The provisions of paragraphs (c) and (d) apply.
34.20 (g) This section does not limit the authority of the Minnesota Racing Commission to
34.21regulate veterinarians providing services at a licensed racetrack.
34.22 Sec. 45. Minnesota Statutes 2006, section 156.18, subdivision 2, is amended to read:
34.23 Subd. 2. Label of dispensed veterinary drugs. (a) A veterinarian or the
34.24veterinarian's authorized agent or employee dispensing a veterinary prescription drug
34.25or prescribing the extra-label use of an over-the-counter drug, an over-the-counter drug
34.26for extra-label use, or a human drug for extra-label use must provide written information
34.27which includes the name and address of the veterinarian, date of filling, species of patient,
34.28name or names of drug, strength of drug or drugs, directions for use, withdrawal time,
34.29and cautionary statements, if any, appropriate for the drug.
34.30 (b) If the veterinary drug has been prepared, mixed, formulated, or packaged by the
34.31dispenser, all of the information required in paragraph (a) must be provided on a label
34.32affixed to the container.
34.33 (c) If the veterinary drug is in the manufacturer's original package, the information
34.34required in paragraph (a) must be supplied in writing but need not be affixed to the
34.35container. Information required in paragraph (a) that is provided by the manufacturer on
35.1the original package does not need to be repeated in the separate written information.
35.2Written information required by this paragraph may be written on the sales invoice.
35.3 Sec. 46. Minnesota Statutes 2006, section 156.19, is amended to read:
35.4156.19 EXTRA-LABEL USE.
35.5 A person, other than a veterinarian ora person working under the control an
35.6employee of a veterinarian, must not make extra-label use of a veterinary drug in or
35.7on a food-producing animal, unless permitted by the prescription of a veterinarian. A
35.8veterinarian may prescribe the extra-label use of aveterinary drug if:
35.9 (1) the veterinarian makes a careful medical diagnosis within the context of a valid
35.10veterinarian-client-patient relationship;
35.11 (2) the veterinarian determines that there is no marketed drug specifically labeled to
35.12treat the condition diagnosed, or that drug therapy as recommended by the labeling has, in
35.13the judgment of the attending veterinarian, been found to be clinically ineffective;
35.14 (3) the veterinarian recommends procedures to ensure that the identity of the treated
35.15animal will be carefully maintained;and
35.16 (4) the veterinarian prescribes a significantly extended time period for drug
35.17withdrawal before marketing meat, milk, or eggs.; and
35.18 (5) the veterinarian has met the criteria established in Code of Federal Regulations,
35.19title 21, part 530, which define the extra-label use of medication in or on animals.
35.20 Sec. 47. Minnesota Statutes 2006, section 239.051, subdivision 15, is amended to read:
35.21 Subd. 15. Ethanol blender. "Ethanol blender" means a person who blends and
35.22distributes, transports, sells, or offers to sell gasoline containingten percent ethanol by
35.23volume.
35.24 Sec. 48. Minnesota Statutes 2007 Supplement, section 239.761, subdivision 4, is
35.25amended to read:
35.26 Subd. 4. Gasoline blended with ethanol; general. (a) Gasoline may be blended
35.27withup to ten percent, by volume, agriculturally derived, denatured ethanol that complies
35.28with the requirements of subdivision 5.
35.29 (b) A gasoline-ethanol blend must:
35.30 (1) comply with the volatility requirements in Code of Federal Regulations, title
35.3140, part 80;
36.1 (2) comply with ASTM specification D4814-06, or the gasoline base stock from
36.2which a gasoline-ethanol blend was produced must comply with ASTM specification
36.3D4814-06; and
36.4 (3) not be blended with casinghead gasoline, absorption gasoline, condensation
36.5gasoline, drip gasoline, or natural gasoline after the gasoline-ethanol blend has been sold,
36.6transferred, or otherwise removed from a refinery or terminal.
36.7 Sec. 49. Minnesota Statutes 2007 Supplement, section 239.761, is amended by adding
36.8a subdivision to read:
36.9 Subd. 4a. Gasoline blended with ethanol; standard combustion engines.
36.10 Gasoline combined with ethanol for use in standard combustion engines may be blended
36.11with up to ten percent agriculturally derived, denatured ethanol, by volume, or any
36.12percentage specifically authorized in a waiver granted by the United States Environmental
36.13Protection Agency under section 211(f)(4) of the Clean Air Act, United States Code, title
36.1442, section 7545, subsection (f), paragraph (4). The gasoline-ethanol blend must comply
36.15with the general provisions in subdivision 4.
36.16 Sec. 50. Minnesota Statutes 2007 Supplement, section 239.761, is amended by adding
36.17a subdivision to read:
36.18 Subd. 4b. Gasoline blended with ethanol; alternative fuel vehicles. (a) Gasoline
36.19blended for use in an alternative fuel vehicle, as defined in section 296A.01, subdivision 5,
36.20may contain any percentage of agriculturally derived, denatured ethanol, by volume, not
36.21to exceed 85 percent. The gasoline-ethanol blend must comply with the general provisions
36.22in subdivision 4. The gasoline and ethanol may be blended by an ethanol blender or at the
36.23point of retail sale in an ethanol-blending fuel dispenser clearly labeled "FLEX-FUEL
36.24VEHICLES ONLY." If blended by an ethanol blender, the percentage of ethanol in the
36.25resulting gasoline-ethanol blend must be clearly identified.
36.26 (b) If a person responsible for the product utilizes an ethanol-blending fuel dispenser
36.27to dispense both gasoline blended with ethanol for use in alternative fuel vehicles and
36.28gasoline blended with ethanol for use in standard combustion engines, the person must
36.29ensure that the gasoline blended with ethanol for use in standard combustion engines is
36.30dispensed from a fuel-dispensing hose and nozzle or other conveyance dedicated solely
36.31to gasoline blended with ethanol for use in standard combustion engines and clearly
36.32labeled as such.
37.1 (c) A person responsible for the product who complies with the provisions in
37.2paragraph (b) is not responsible for a self-service fueling action taken by that person's
37.3retail fuel customer.
37.4 Sec. 51. Minnesota Statutes 2006, section 239.77, as amended by Laws 2007, chapter
37.562, sections 3 and 4, is amended to read:
37.6239.77 BIODIESEL CONTENT MANDATE.
37.7 Subdivision 1. Biodiesel fuel. "Biodiesel fuel" means a renewable, biodegradable,
37.8mono alkyl ester combustible liquid fuel that is derived from agricultural and other plant
37.9oils or animal fats and that meets American Society For Testing and Materials specification
37.10D6751-07 for Biodiesel Fuel (B100) Blend Stock for Distillate Fuels.
37.11 Biodiesel produced from palm oil is not biodiesel fuel for the purposes of this
37.12section, unless the palm oil is contained within waste oil and grease collected within the
37.13United States or Canada.
37.14 Subd. 2. Minimum content. (a) Except as otherwise provided in this section, all
37.15diesel fuel sold or offered for sale in Minnesota for use in internal combustion engines
37.16must contain at least2.0 percent the stated percentage of biodiesel fuel oil by volume.
37.17on and after the following dates:
37.22 The minimum content levels in clauses (3) and (4) are effective during the months of
37.23April, May, June, July, August, September, and October only. The minimum content for
37.24the remainder of the year is five percent. However, if the commissioners of agriculture,
37.25commerce, and pollution control determine, after consultation with the biodiesel task
37.26force and other technical experts, that an American Society for Testing and Materials
37.27specification or equivalent federal standard exists for the specified biodiesel blend level in
37.28those clauses that adequately addresses technical issues associated with Minnesota's cold
37.29weather and publish a notice in the State Register to that effect, the commissioners may
37.30allow the specified biodiesel blend level in those clauses to be effective year-round.
37.31 (b) The minimum content levels in paragraph (a), clauses (3) and (4), become
37.32effective on the date specified only if the commissioners of agriculture, commerce, and
37.33pollution control publish notice in the State Register and provide written notice to the
38.1chairs of the house and senate committees with jurisdiction over agriculture, commerce,
38.2and transportation policy and finance, at least 270 days prior to the date of each scheduled
38.3increase, that all of the following conditions have been met and the state is prepared to
38.4move to the next scheduled minimum content level:
38.5 (1) an American Society for Testing and Materials specification or equivalent federal
38.6standard exists for the next minimum diesel-biodiesel blend;
38.7 (2) a sufficient supply of biodiesel is available and the amount of biodiesel produced
38.8in this state from feedstock with at least 75 percent that is produced in the United States
38.9and Canada is equal to at least 50 percent of anticipated demand at the next minimum
38.10content level;
38.11 (3) adequate blending infrastructure and regulatory protocol are in place in order to
38.12promote biodiesel quality and avoid any potential economic disruption; and
38.13 (4) at least five percent of the amount of biodiesel necessary for that minimum
38.14content level will be produced from a biological resource other than an agricultural
38.15resource traditionally grown or raised in the state, including, but not limited to, algae
38.16cultivated for biofuels production, waste oils, and tallow.
38.17 The condition in clause (2) may be waived if the commissioner finds that, due to
38.18weather-related conditions, the necessary feed stock is unavailable.
38.19 The condition in clause (4) may be waived if the commissioners find that the use of
38.20these nontraditional feedstocks would be uneconomic under market conditions existing at
38.21the time notice is given under this paragraph.
38.22 (c) The commissioners of agriculture, commerce, and pollution control must consult
38.23with the biodiesel task force when assessing and certifying conditions in paragraph (b),
38.24and in general must seek the guidance of the biodiesel task force regarding biodiesel
38.25labeling, enforcement, and other related issues.
38.26 (d) During a period of biodiesel fuel shortage or a problem with biodiesel quality
38.27that negatively affects the availability of biodiesel fuel, the commissioner of commerce
38.28may temporarily suspend the minimum content requirement in subdivision 2 until there
38.29is sufficient biodiesel fuel, as defined in subdivision 1, available to fulfill the minimum
38.30content requirement.
38.31 (e) By February 1, 2012, and periodically thereafter, the commissioner of commerce
38.32shall determine the wholesale diesel price at various pipeline and refinery terminals in the
38.33region, and the biodiesel price determined after credits and incentives are subtracted at
38.34biodiesel plants in the region. The commissioner shall report wholesale price differences to
38.35the governor who, after consultation with the commissioners of commerce and agriculture,
38.36may by executive order adjust the biodiesel mandate if a price disparity reported by the
39.1commissioner will cause economic hardship to retailers of diesel fuel in this state. Any
39.2adjustment must be for a specified period of time, after which the percentage of biodiesel
39.3fuel to be blended into diesel fuel returns to the amount required in subdivision 2. The
39.4biodiesel mandate must not be adjusted to less than five percent.
39.5 Subd. 3. Exceptions. (a) The minimum contentrequirement requirements of
39.6subdivision 2does do not apply to fuel used in the following equipment:
39.7 (1) motors located at an electric generating plant regulated by the Nuclear
39.8Regulatory Commission;
39.9 (2) railroad locomotives;and
39.10 (3) off-road taconite and copper mining equipment and machinery;
39.11 (4) off-road logging equipment and machinery; and
39.12 (5) until May 1, 2010, vehicles and equipment used exclusively on an aircraft
39.13landing field.
39.14 (b) The exemption in paragraph (a), clause (1), expires 30 days after the Nuclear
39.15Regulatory Commission has approved the use of biodiesel fuel in motors at electric
39.16generating plants under its regulation.
39.17 (c) This subdivision expires on May 1, 2012.
39.18 Subd. 4. Disclosure. A refinery or terminal shall provide, at the time diesel fuel
39.19is sold or transferred from the refinery or terminal, a bill of lading or shipping manifest
39.20to the person who receives the fuel. For biodiesel-blended products, the bill of lading or
39.21shipping manifest must disclose biodiesel content, stating volume percentage, gallons of
39.22biodiesel per gallons of petroleum diesel base-stock, or an ASTM "Bxx" designation
39.23where "xx" denotes the volume percent biodiesel included in the blended product. This
39.24subdivision does not apply to sales or transfers of biodiesel blend stock between refineries,
39.25between terminals, or between a refinery and a terminal.
39.26 Subd. 5. Annual report. Beginning in 2009, the commissioner of agriculture
39.27must report by January 15 of each year to the chairs and ranking minority members of
39.28the legislative committees and divisions with jurisdiction over agriculture policy and
39.29finance regarding the implementation of the minimum content requirements in subdivision
39.302, including information about the price and supply of biodiesel fuel. The report shall
39.31include information about the impacts of the biodiesel mandate on the development of
39.32biodiesel production capacity in the state, and on the use of feedstock grown or raised in
39.33the state for biodiesel production. The report must include any written comments received
39.34from members of the biodiesel fuel task force by January 1 of that year designated by
39.35them for inclusion in the report.
40.1 Sec. 52. Minnesota Statutes 2006, section 239.7911, subdivision 2, is amended to read:
40.2 Subd. 2. Promotion of renewable liquid fuels. (a) The commissioner of
40.3agriculture, in consultation with the commissioners of commerce and the Pollution
40.4Control Agency, shall identify and implement activities necessary for the widespread use
40.5of renewable liquid fuels in the state. Beginning November 1, 2005, and continuing
40.6through 2015, the commissioners, or their designees, shall work with representatives
40.7from the renewable fuels industry, petroleum retailers, refiners, automakers, small engine
40.8manufacturers, and other interested groups, to develop annual recommendations for
40.9administrative and legislative action.
40.10 (b) The activities of the commissioners under this subdivision shall include, but not
40.11be limited to:
40.12 (1) developing recommendations for incentives for retailers to install equipment
40.13necessary for dispensing renewable liquid fuels to the public;
40.14 (2) expanding the renewable-fuel options available to Minnesota consumers by
40.15obtaining federal approval for the use of E20 and additional blends that contain a greater
40.16percentage of ethanol, including but not limited to E30 and E50, as gasoline;
40.17 (3) developing recommendations for ensuring that motor vehicles and small engine
40.18equipment have access to an adequate supply of fuel;
40.19 (4) working with the owners and operators of large corporate automotive fleets in the
40.20state to increase their use of renewable fuels; and
40.21 (5) working to maintain an affordable retail price for liquid fuels.
40.22 Sec. 53. Minnesota Statutes 2006, section 296A.01, subdivision 2, is amended to read:
40.23 Subd. 2. Agricultural alcohol gasoline. "Agricultural alcohol gasoline" means a
40.24gasoline-ethanol blendof up to ten percent agriculturally derived fermentation satisfying
40.25the provisions of section 239.761, subdivision 4a or 4b, with ethanol derived from
40.26agricultural products, such as potatoes, cereal, grains, cheese whey, sugar beets, forest
40.27products, or other renewable resources, that:
40.28(1) meets the specifications in ASTM specification D4806-04a; and
40.29(2) is denatured as specified in Code of Federal Regulations, title 27, parts 20 and 21.
40.30 Sec. 54. Minnesota Statutes 2007 Supplement, section 296A.01, subdivision 8a,
40.31is amended to read:
40.32 Subd. 8a. Biodiesel fuel. "Biodiesel fuel"means a renewable, biodegradable, mono
40.33alkyl ester combustible liquid fuel derived from agricultural plant oils or animal fats
40.34and that meets American Society for Testing and Materials specification D6751-07 for
41.1Biodiesel Fuel (B100) Blend Stock for Distillate Fuels has the meaning given in section
41.2239.77, subdivision 1.
41.3 Sec. 55. Minnesota Statutes 2007 Supplement, section 296A.01, subdivision 25,
41.4is amended to read:
41.5 Subd. 25. Gasoline blended with ethanol. "Gasoline blended with ethanol" means
41.6gasoline blended with up to 20 percent, by volume, agriculturally derived, denatured
41.7ethanol. The blend must comply with the volatility requirements in Code of Federal
41.8Regulations, title 40, part 80. The blend must also comply with ASTM specification
41.9D4814-06, or the gasoline base stock from which a gasoline-ethanol blend was produced
41.10must comply with ASTM specification D4814-06; and the gasoline-ethanol blend must
41.11not be blended with casinghead gasoline, absorption gasoline, condensation gasoline, drip
41.12gasoline, or natural gasoline after the gasoline-ethanol blend has been sold, transferred, or
41.13otherwise removed from a refinery or terminal. The blend need not comply with ASTM
41.14specification D4814-06 if it is subjected to a standard distillation test. For a distillation
41.15test, a gasoline-ethanol blend is not required to comply with the temperature specification
41.16at the 50 percent liquid recovery point, if the gasoline from which the gasoline-ethanol
41.17blend was produced complies with all of the distillation specifications a gasoline-ethanol
41.18blend satisfying the provisions of section 239.761, subdivision 4a or 4b.
41.19 Sec. 56. Minnesota Statutes 2007 Supplement, section 394.23, is amended to read:
41.20394.23 COMPREHENSIVE PLAN.
41.21 The board has the power and authority to prepare and adopt by ordinance, a
41.22comprehensive plan. A comprehensive plan or plans when adopted by ordinance must be
41.23the basis for official controls adopted under the provisions of sections394.21 to
394.37 .
41.24The commissioner of natural resources must provide the natural heritage data from the
41.25county biological survey, if available, to each county for use in the comprehensive plan.
41.26When adopting or updating the comprehensive plan, the board must, if the data is available
41.27to the county, consider natural heritage data resulting from the county biological survey.
41.28In a county that is not a greater than 80 percent area, as defined in section 103G.005,
41.29subdivision 10b, the board must consider adopting goals and objectives that will protect
41.30open space and the environment.
41.31 Sec. 57. [394.231] COMPREHENSIVE PLANS IN GREATER MINNESOTA;
41.32OPEN SPACE.
42.1 A county adopting or updating a comprehensive plan in a county outside the
42.2metropolitan area as defined by section 473.121, subdivision 2, and that is not a greater
42.3than 80 percent area, as defined in section 103G.005, subdivision 10b, shall consider
42.4adopting goals and objectives for the preservation of agricultural, forest, wildlife, and
42.5open space land, and minimizing development in sensitive shoreland areas. Within three
42.6years of updating the comprehensive plan, the county shall consider adopting ordinances
42.7as part of the county's official controls that encourage the implementation of the goals and
42.8objectives. The county shall consider the following goals and objectives:
42.9 (1) minimizing the fragmentation and development of agricultural, forest, wildlife,
42.10and open space lands, including consideration of appropriate minimum lot sizes;
42.11 (2) minimizing further development in sensitive shoreland areas;
42.12 (3) minimizing development near wildlife management areas, scientific and natural
42.13areas, and nature centers;
42.14 (4) identification of areas of preference for higher density, including consideration
42.15of existing and necessary water and wastewater services, infrastructure, other services,
42.16and to the extent feasible, encouraging full development of areas previously zoned for
42.17nonagricultural uses;
42.18 (5) encouraging development close to places of employment, shopping centers,
42.19schools, mass transit, and other public and private service centers;
42.20 (6) identification of areas where other developments are appropriate; and
42.21 (7) other goals and objectives a county may identify.
42.22 Sec. 58. Minnesota Statutes 2006, section 394.232, subdivision 6, is amended to read:
42.23 Subd. 6. Plan update. The county board, or the board of the joint planning district,
42.24shall review and update the community-based comprehensive plan periodically, but at
42.25least every ten years, and submit the updated plan to the office of strategic and long-range
42.26planning for review and comment. When updating the plan, the county board or the board
42.27of the joint planning district must consider natural heritage data resulting from the county
42.28biological survey. In a county that is not a greater than 80 percent area, as defined in
42.29section 103G.005, subdivision 10b, the board must consider adopting goals and objectives
42.30that will protect open space and the environment.
42.31 Sec. 59. Minnesota Statutes 2006, section 462.355, subdivision 1, is amended to read:
42.32 Subdivision 1. Preparation and review. The planning agency shall prepare the
42.33comprehensive municipal plan. In discharging this duty the planning agency shall
42.34consult with and coordinate the planning activities of other departments and agencies
43.1of the municipality to insure conformity with and to assist in the development of the
43.2comprehensive municipal plan. In its planning activities the planning agency shall take due
43.3cognizance of the planning activities of adjacent units of government and other affected
43.4public agencies. The planning agency shall periodically review the plan and recommend
43.5amendments whenever necessary. When preparing or recommending amendments to the
43.6comprehensive plan, the planning agency of a municipality located within a county that is
43.7not a greater than 80 percent area, as defined in section 103G.005, subdivision 10b, must
43.8consider adopting goals and objectives that will protect open space and the environment.
43.9 Sec. 60. Minnesota Statutes 2006, section 462.357, is amended by adding a subdivision
43.10to read:
43.11 Subd. 1h. Comprehensive plans in greater Minnesota; open spaces. When
43.12adopting or updating a comprehensive plan in a municipality located within a county that
43.13is not a greater than 80 percent area, as defined in section 103G.005, subdivision 10b, and
43.14that is located outside the metropolitan area, as defined by section 473.121, subdivision
43.152, the municipality shall consider adopting goals and objectives for the preservation of
43.16agricultural, forest, wildlife, and open space land and the minimization of development
43.17in sensitive shoreland areas. Within three years of updating the comprehensive plan,
43.18the municipality shall consider adopting ordinances as part of the municipality's official
43.19controls that encourage the implementation of the goals and objectives.
43.20 Sec. 61. Minnesota Statutes 2006, section 462.357, is amended by adding a subdivision
43.21to read:
43.22 Subd. 9. Development goals and objectives. In adopting official controls after July
43.231, 2008, in a municipality outside the metropolitan area, as defined by section 473.121,
43.24subdivision 2, the municipality shall consider restricting new residential, commercial, and
43.25industrial development so that the new development takes place in areas subject to the
43.26following goals and objectives:
43.27 (1) minimizing the fragmentation and development of agricultural, forest, wildlife,
43.28and open space lands, including consideration of appropriate minimum lot sizes;
43.29 (2) minimizing further development in sensitive shoreland areas;
43.30 (3) minimizing development near wildlife management areas, scientific and natural
43.31areas, and nature centers;
43.32 (4) identification of areas of preference for higher density, including consideration
43.33of existing and necessary water and wastewater services, infrastructure, other services,
44.1and to the extent feasible, encouraging full development of areas previously zoned for
44.2nonagricultural uses;
44.3 (5) encouraging development close to places of employment, shopping centers,
44.4schools, mass transit, and other public and private service centers;
44.5 (6) identification of areas where other developments are appropriate; and
44.6 (7) other goals and objectives a municipality may identify.
44.7 Sec. 62. TITLE.
44.8 Sections 56 to 61 shall be known as the President Theodore Roosevelt Memorial
44.9Bill to Preserve Agricultural, Forest, Wildlife, and Open Space Land.
44.10 Sec. 63. Laws 2007, chapter 45, article 1, section 3, subdivision 3, is amended to read:
44.13$186,000 the first year and $186,000 the
44.14second year are for transfer to the Minnesota
44.15grown account and may be used as grants
44.16for Minnesota grown promotion under
44.17Minnesota Statutes, section17.102 . Grants
44.18may be made for one year. Notwithstanding
44.19Minnesota Statutes, section16A.28 , the
44.20appropriations encumbered under contract on
44.21or before June 30, 2009, for Minnesota grown
44.22grants in this paragraph are available until
44.23June 30, 2011. $50,000 of the appropriation
44.24in each year is for efforts that identify
44.25and promote Minnesota grown products
44.26in retail food establishments including but
44.27not limited to restaurants, grocery stores,
44.28and convenience stores. The balance in the
44.29Minnesota grown matching account in the
44.30agricultural fund is canceled to the Minnesota
44.31grown account in the agricultural fund and
44.32the Minnesota grown matching account is
44.33abolished.
45.1$160,000 the first year and $160,000 the
45.2second year are for grants to farmers for
45.3demonstration projects involving sustainable
45.4agriculture as authorized in Minnesota
45.5Statutes, section17.116 . Of the amount
45.6for grants, up to $20,000 may be used for
45.7dissemination of information about the
45.8demonstration projects. Notwithstanding
45.9Minnesota Statutes, section16A.28 , the
45.10appropriations encumbered under contract
45.11on or before June 30, 2009, for sustainable
45.12agriculture grants in this paragraph are
45.13available until June 30, 2011.
45.14$100,000 the first year and $100,000
45.15the second year are to provide training
45.16and technical assistance to county and
45.17town officials relating to livestock siting
45.18issues and local zoning and land use
45.19planning, including a checklist template that
45.20would clarify the federal, state, and local
45.21government requirements for consideration
45.22of an animal agriculture modernization
45.23or expansion project. In developing
45.24the training and technical assistance
45.25program, the commissioner shall seek
45.26guidance, advice, and support of livestock
45.27producer organizations, general agricultural
45.28organizations, local government associations,
45.29academic institutions, other government
45.30agencies, and others with expertise in land
45.31use and agriculture.
45.32$103,000 the first year and $106,000 the
45.33second year are for additional integrated pest
45.34management activities.
46.1$2,500,000 the first year is for the agricultural
46.2best management practices loan program. At
46.3least $2,000,000 is available for pass-through
46.4to local governments and lenders for
46.5low-interest loans and is available until spent.
46.6Any unencumbered balance that is not used
46.7for pass-through to local governments does
46.8not cancel at the end of the first year and is
46.9available for the second year.
46.10$1,000,000 the first year is for the agricultural
46.11best management practices loan program for
46.12capital equipment loans for persons using
46.13native, perennial cropping systems for energy
46.14or seed production. This appropriation is
46.15available until spent. * (The preceding text
46.16beginning "$1,000,000 the first year" was
46.17indicated as vetoed by the governor.)
46.18$100,000 the first year and $100,000 the
46.19second year are for annual cost-share
46.20payments to resident farmers or persons
46.21who sell, process, or package agricultural
46.22products in this state for the costs of organic
46.23certification. Annual cost-share payments
46.24per farmer must be two-thirds of the cost
46.25of the certification or $350, whichever is
46.26less. In any year that a resident farmer or
46.27person who sells, processes, or packages
46.28agricultural products in this state receives
46.29a federal organic certification cost-share
46.30payment, that resident farmer or person is
46.31not eligible for state cost-share payments.
46.32A certified farmer is eligible to receive
46.33annual certification cost-share payments for
46.34up to five years. $15,000 each year is for
46.35organic market and program development.
46.36The commissioner may allocate any excess
47.1appropriation in either fiscal year for organic
47.2producer education efforts, assistance for
47.3persons transitioning from conventional
47.4to organic agriculture, or sustainable
47.5agriculture demonstration grants authorized
47.6under Minnesota Statutes, section17.116 ,
47.7and pertaining to organic research or
47.8demonstration. Any unencumbered balance
47.9does not cancel at the end of the first year
47.10and is available for the second year.
47.11EFFECTIVE DATE.This section is effective the day following final enactment.
47.12 Sec. 64. Laws 2007, chapter 45, article 1, section 3, subdivision 4, is amended to read:
47.15$15,168,000 the first year and $15,168,000
47.16the second year are for ethanol producer
47.17payments under Minnesota Statutes, section
47.1841A.09
. If the total amount for which all
47.19producers are eligible in a quarter exceeds
47.20the amount available for payments, the
47.21commissioner shall make payments on a
47.22pro rata basis. If the appropriation exceeds
47.23the total amount for which all producers
47.24are eligible in a fiscal year for scheduled
47.25payments and for deficiencies in payments
47.26during previous fiscal years, the balance
47.27in the appropriation is available to the
47.28commissioner for value-added agricultural
47.29programs including the value-added
47.30agricultural product processing and
47.31marketing grant program under Minnesota
47.32Statutes, section17.101, subdivision 5 . The
47.33appropriation remains available until spent.
48.1$3,000,000 the first year is for grants to
48.2bioenergy projects. The NextGen Energy
48.3Board shall make recommendations to
48.4the commissioner on grants for owners of
48.5Minnesota facilities producing bioenergy,
48.6organizations that provide for on-station,
48.7on-farm field scale research and outreach to
48.8develop and test the agronomic and economic
48.9requirements of diverse stands of prairie
48.10plants and other perennials for bioenergy
48.11systems, or certain nongovernmental
48.12entities. For the purposes of this paragraph,
48.13"bioenergy" includes transportation fuels
48.14derived from cellulosic material as well as
48.15the generation of energy for commercial heat,
48.16industrial process heat, or electrical power
48.17from cellulosic material via gasification
48.18or other processes. The board must give
48.19priority to a bioenergy facility that is at
48.20least 60 percent owned and controlled by
48.21farmers, as defined in Minnesota Statutes,
48.22section500.24, subdivision 2 , paragraph
48.23(n), or natural persons residing in the
48.24county or counties contiguous to where the
48.25facility is located. Grants are limited to 50
48.26percent of the cost of research, technical
48.27assistance, or equipment related to bioenergy
48.28production or $500,000, whichever is less.
48.29Grants to nongovernmental entities for the
48.30development of business plans and structures
48.31related to community ownership of eligible
48.32bioenergy facilities together may not exceed
48.33$150,000. The board shall make a good
48.34faith effort to select projects that have
48.35merit and when taken together represent a
48.36variety of bioenergy technologies, biomass
49.1feedstocks, and geographic regions of the
49.2state. Projects must have a qualified engineer
49.3certification on the technology and fuel
49.4source. Grantees shall provide reports at
49.5the request of the commissioner and must
49.6actively participate in the Agricultural
49.7Utilization Research Institute's Renewable
49.8Energy Roundtable. No later than February
49.91, 2009, the commissioner shall report on
49.10the projects funded under this appropriation
49.11to the house and senate committees with
49.12jurisdiction over agriculture finance. The
49.13commissioner's costs in administering the
49.14program may be paid from the appropriation.
49.15Any unencumbered balance does not cancel
49.16at the end of the first year and is available in
49.17the second year.
49.18$350,000 the first year is for grants to
49.19the Minnesota Institute for Sustainable
49.20Agriculture at the University of Minnesota
49.21to provide funds for on-station and on-farm
49.22field scale research and outreach to develop
49.23and test the agronomic and economic
49.24requirements of diverse stands of prairie
49.25plants and other perennials for bioenergy
49.26systems including, but not limited to,
49.27multiple species selection and establishment,
49.28ecological management between planting
49.29and harvest, harvest technologies, financial
49.30and agronomic risk management, farmer
49.31goal setting and adoption of technologies,
49.32integration of wildlife habitat into
49.33management approaches, evaluation of
49.34carbon and other benefits, and robust policies
49.35needed to induce farmer conversion on
49.36marginal lands. * (The preceding text
50.1beginning "$350,000 the first year" was
50.2indicated as vetoed by the governor.)
50.3$200,000 the first year is for a grant to the
50.4Minnesota Turf Seed Council for basic
50.5and applied agronomic research on native
50.6plants, including plant breeding, nutrient
50.7management, pest management, disease
50.8management, yield, and viability. The grant
50.9recipient may subcontract with a qualified
50.10third party for some or all of the basic
50.11or applied research. The grant recipient
50.12must actively participate in the Agricultural
50.13Utilization Research Institute's Renewable
50.14Energy Roundtable and no later than
50.15February 1, 2009, must report to the house
50.16and senate committees with jurisdiction
50.17over agriculture finance. This is a onetime
50.18appropriation and is available until spent.
50.19$200,000 the first year is for a grant to a joint
50.20venture combined heat and power energy
50.21facility located in Scott or LeSueur County
50.22for the creation of a centrally located biomass
50.23fuel supply depot with the capability of
50.24unloading, processing, testing, scaling, and
50.25storing renewable biomass fuels. The grant
50.26must be matched by at least $3 of nonstate
50.27funds for every $1 of state funds. The grant
50.28recipient must actively participate in the
50.29Agricultural Utilization Research Institute's
50.30Renewable Energy Roundtable and no
50.31later than February 1, 2009, must report
50.32to the house and senate committees with
50.33jurisdiction over agriculture finance. This is
50.34a onetime appropriation and is available until
50.35spent.
51.1$300,000 the first year is for a grant to the
51.2Bois Forte Band of Chippewa for a feasibility
51.3study of a renewable energy biofuels
51.4demonstration facility on the Bois Forte
51.5Reservation in St. Louis and Koochiching
51.6Counties. The grant shall be used by the Bois
51.7Forte Band to conduct a detailed feasibility
51.8study of the economic and technical viability
51.9of developing a multistream renewable
51.10energy biofuels demonstration facility
51.11on Bois Forte Reservation land to utilize
51.12existing forest resources, woody biomass,
51.13and cellulosic material to produce biofuels or
51.14bioenergy. The grant recipient must actively
51.15participate in the Agricultural Utilization
51.16Research Institute's Renewable Energy
51.17Roundtable and no later than February 1,
51.182009, must report to the house and senate
51.19committees with jurisdiction over agriculture
51.20finance. This is a onetime appropriation and
51.21is available until spent.
51.22$300,000 the first year is for a grant to
51.23the White Earth Band of Chippewa for a
51.24feasibility study of a renewable energy
51.25biofuels production, research, and production
51.26facility on the White Earth Reservation in
51.27Mahnomen County. The grant must be used
51.28by the White Earth Band and the University
51.29of Minnesota to conduct a detailed feasibility
51.30study of the economic and technical viability
51.31of (1) developing a multistream renewable
51.32energy biofuels demonstration facility on
51.33White Earth Reservation land to utilize
51.34existing forest resources, woody biomass,
51.35and cellulosic material to produce biofuels or
51.36bioenergy, and (2) developing, harvesting,
52.1and marketing native prairie plants and seeds
52.2for bioenergy production. The grant recipient
52.3must actively participate in the Agricultural
52.4Utilization Research Institute's Renewable
52.5Energy Roundtable and no later than
52.6February 1, 2009, must report to the house
52.7and senate committees with jurisdiction
52.8over agriculture finance. This is a onetime
52.9appropriation and is available until spent.
52.10$200,000 the first year is for a grant to the Elk
52.11River Economic Development Authority for
52.12upfront engineering and a feasibility study
52.13of the Elk River renewable fuels facility.
52.14The facility must use a plasma gasification
52.15process to convert primarily cellulosic
52.16material, but may also use plastics and other
52.17components from municipal solid waste, as
52.18feedstock for the production of methanol
52.19for use in biodiesel production facilities.
52.20Any unencumbered balance in fiscal year
52.212008 does not cancel but is available for
52.22fiscal year 2009. Notwithstanding Minnesota
52.23Statutes, section16A.285 , the agency must
52.24not transfer this appropriation. The grant
52.25recipient must actively participate in the
52.26Agricultural Utilization Research Institute's
52.27Renewable Energy Roundtable and no
52.28later than February 1, 2009, must report
52.29to the house and senate committees with
52.30jurisdiction over agriculture finance. This is
52.31a onetime appropriation and is available until
52.32spent.
52.33$200,000 the first year is for a grant to
52.34Chisago County to conduct a detailed
52.35feasibility study of the economic and
52.36technical viability of developing a
53.1multistream renewable energy biofuels
53.2demonstration facility in Chisago, Isanti,
53.3or Pine County to utilize existing forest
53.4resources, woody biomass, and cellulosic
53.5material to produce biofuels or bioenergy.
53.6Chisago County may expend funds to Isanti
53.7and Pine Counties and the University of
53.8Minnesota for any costs incurred as part
53.9of the study. The feasibility study must
53.10consider the capacity of: (1) the seed bank
53.11at Wild River State Park to expand the
53.12existing prairie grass, woody biomass, and
53.13cellulosic material resources in Chisago,
53.14Isanti, and Pine Counties; (2) willing and
53.15interested landowners in Chisago, Isanti, and
53.16Pine Counties to grow cellulosic materials;
53.17and (3) the Minnesota Conservation Corps,
53.18the sentence to serve program, and other
53.19existing workforce programs in east central
53.20Minnesota to contribute labor to these efforts.
53.21The grant recipient must actively participate
53.22in the Agricultural Utilization Research
53.23Institute's Renewable Energy Roundtable and
53.24no later than February 1, 2009, must report
53.25to the house and senate committees with
53.26jurisdiction over agriculture finance. This is
53.27a onetime appropriation and is available until
53.28spent.
53.29EFFECTIVE DATE.This section is effective the day following final enactment.
53.30 Sec. 65. Laws 2007, chapter 45, article 1, section 3, subdivision 5, is amended to read:
53.33$1,005,000 the first year and $1,005,000
53.34the second year are for continuation of
54.1the dairy development and profitability
54.2enhancement and dairy business planning
54.3grant programs established under Laws 1997,
54.4chapter 216, section 7, subdivision 2, and
54.5Laws 2001, First Special Session chapter 2,
54.6section 9, subdivision 2 . The commissioner
54.7may allocate the available sums among
54.8permissible activities, including efforts to
54.9improve the quality of milk produced in the
54.10state in the proportions that the commissioner
54.11deems most beneficial to Minnesota's dairy
54.12farmers. The commissioner must submit a
54.13work plan detailing plans for expenditures
54.14under this program to the chairs of the
54.15house and senate committees dealing with
54.16agricultural policy and budget on or before
54.17the start of each fiscal year. If significant
54.18changes are made to the plans in the course
54.19of the year, the commissioner must notify the
54.20chairs.
54.21$50,000 the first year and $50,000 the
54.22second year are for the Northern Crops
54.23Institute. These appropriations may be spent
54.24to purchase equipment.
54.25$19,000 the first year and $19,000 the
54.26second year are for a grant to the Minnesota
54.27Livestock Breeders Association.
54.28$250,000 the first year and $250,000 the
54.29second year are for grants to the Minnesota
54.30Agricultural Education Leadership Council
54.31for programs of the council under Minnesota
54.32Statutes, chapter 41D.
54.33$600,000 the first year is for grants for
54.34fertilizer research as awarded by the
54.35Minnesota Agricultural Fertilizer Research
55.1and Education Council under Minnesota
55.2Statutes, section18C.71 . No later than
55.3February 1, 2009, The amount available to
55.4the commissioner pursuant to Minnesota
55.5Statutes, section 18C.70, subdivision 2, for
55.6administration of this activity is available
55.7until February 1, 2009, by which time the
55.8commissioner shall report to the house and
55.9senate committees with jurisdiction over
55.10agriculture finance. The report must include
55.11the progress and outcome of funded projects
55.12as well as the sentiment of the council
55.13concerning the need for additional research
55.14funded through an industry checkoff fee.
55.15$465,000 the first year and $465,000 the
55.16second year are for payments to county and
55.17district agricultural societies and associations
55.18under Minnesota Statutes, section38.02,
55.19subdivision 1 . Aid payments to county and
55.20district agricultural societies and associations
55.21shall be disbursed not later than July 15 of
55.22each year. These payments are the amount of
55.23aid owed by the state for an annual fair held
55.24in the previous calendar year.
55.25$65,000 the first year and $65,000 the second
55.26year are for annual grants to the Minnesota
55.27Turf Seed Council for basic and applied
55.28research on the improved production of
55.29forage and turf seed related to new and
55.30improved varieties. The grant recipient may
55.31subcontract with a qualified third party for
55.32some or all of the basic and applied research.
55.33$500,000 the first year and $500,000 the
55.34second year are for grants to Second Harvest
55.35Heartland on behalf of Minnesota's six
56.1Second Harvest food banks for the purchase
56.2of milk for distribution to Minnesota's food
56.3shelves and other charitable organizations
56.4that are eligible to receive food from the food
56.5banks. Milk purchased under the grants must
56.6be acquired from Minnesota milk processors
56.7and based on low-cost bids. The milk must be
56.8allocated to each Second Harvest food bank
56.9serving Minnesota according to the formula
56.10used in the distribution of United States
56.11Department of Agriculture commodities
56.12under The Emergency Food Assistance
56.13Program (TEFAP). Second Harvest
56.14Heartland must submit quarterly reports
56.15to the commissioner on forms prescribed
56.16by the commissioner. The reports must
56.17include, but are not limited to, information
56.18on the expenditure of funds, the amount
56.19of milk purchased, and the organizations
56.20to which the milk was distributed. Second
56.21Harvest Heartland may enter into contracts
56.22or agreements with food banks for shared
56.23funding or reimbursement of the direct
56.24purchase of milk. Each food bank receiving
56.25money from this appropriation may use up to
56.26two percent of the grant for administrative
56.27expenses.
56.28$100,000 the first year and $100,000 the
56.29second year are for transfer to the Board of
56.30Trustees of the Minnesota State Colleges and
56.31Universities for mental health counseling
56.32support to farm families and business
56.33operators through farm business management
56.34programs at Central Lakes College and
56.35Ridgewater College.
57.1$18,000 the first year and $18,000 the
57.2second year are for grants to the Minnesota
57.3Horticultural Society.
57.4$50,000 is for a grant to the University of
57.5Minnesota, Department of Horticultural
57.6Science, Enology Laboratory, to upgrade
57.7and purchase instrumentation to allow
57.8rapid and accurate measurement of enology
57.9components. This is a onetime appropriation
57.10and is available until expended.
57.11 Sec. 66. AGRICULTURAL AND OPEN SPACE PRESERVATION TASK
57.12FORCE.
57.13 An agricultural and open space preservation task force is created to study state and
57.14local policies and incentives related to encouraging farms, privately owned forest lands,
57.15and other privately owned open spaces to be preserved. The task force shall consist of two
57.16members of the senate appointed by the Subcommittee on Committees of the Committee
57.17on Rules and Administration, including one member of the minority; one member of the
57.18majority party in the house of representatives, appointed by the speaker of the house of
57.19representatives, and one member of the minority party in the house of representatives
57.20appointed by the minority leader; and one representative each from the Association of
57.21Minnesota Counties, the League of Minnesota Cities, and the Minnesota Association of
57.22Townships. The task force shall consult with representatives of agricultural groups such as
57.23Farm Bureau and Farmer's Union, the commissioners of agriculture and natural resources,
57.24the executive director of the Board of Soil and Water Resources, and other state agencies
57.25as needed and may consult with other interested parties. No public member of the task
57.26force shall be entitled to compensation or reimbursements for expenses. Appointments
57.27shall be made by July 1, 2008, and the first meeting shall be convened by agreement of
57.28the senate members no later than August 1, 2008. The task force shall elect a chair from
57.29among its members at the first meeting. The task force must report its findings with
57.30recommendations for proposed legislation to the chair and ranking minority member of
57.31the committees in the house of representatives and senate with jurisdiction over land use
57.32planning no later than January 30, 2009. The task force shall expire on June 30, 2009.
57.33 Sec. 67. PROPOSAL; PETROLEUM INSPECTION FEE REVENUE.
58.1 The commissioners of finance, commerce, and pollution control must develop and
58.2submit to the legislature as part of their next biennial budget request a proposal for
58.3eliminating, to the extent feasible, redundant fuel inspections and dedicating, to the extent
58.4feasible, all revenue from the petroleum inspection fee levied on petroleum products under
58.5Minnesota Statutes, section 239.101, subdivision 3, to the Weights and Measures Division
58.6of the Department of Commerce. All additional funding appropriated to the Weights and
58.7Measures Division under this proposal must be used for increased and enhanced fuel
58.8quality assurance enforcement activities and equipment and for educational activities
58.9focused on the handling, distribution, and use of biodiesel fuel.
58.10 Sec. 68. TECHNICAL COLD WEATHER ISSUES.
58.11 The commissioners of agriculture and commerce shall consult with stakeholders
58.12who are technical experts in cold weather biodiesel and petroleum diesel issues to
58.13consider and make recommendations regarding improvements in the production, blending,
58.14handling, and distribution of biodiesel blends to further ensure the performance of these
58.15fuels in cold weather. The commissioners shall issue a report on these issues by February
58.1615, 2009, to the chairs and ranking minority members of the legislature with jurisdiction
58.17over agriculture and commerce policy and finance.
58.18 Sec. 69. BIOBASED DIESEL ALTERNATIVES.
58.19 By January 15, 2011, the commissioners of agriculture, commerce, and pollution
58.20control shall consult with a broad range of stakeholders with technical expertise to
58.21develop and present recommendations to the NextGen Energy Board and to the chairs and
58.22ranking minority members of the Environment, Agriculture, Transportation, and Energy
58.23Policy and Finance Committees for the use of biobased diesel alternatives in the state,
58.24after reviewing the technology, economics, and operational characteristics associated
58.25with their use. For the purposes of this section, "biobased diesel alternatives" means
58.26alternatives to petroleum diesel fuel that are warrantied for use in a standard diesel engine
58.27without modification and derived from a biological resource. The commissioners may
58.28not recommend the use of a biobased diesel alternative for which an ASTM specification
58.29has not been developed, and which does not provide at least the equivalent environmental
58.30emissions benefits and local economic development potential as biodiesel produced using
58.31feedstocks grown or raised in the United States and Canada.
58.32 Sec. 70. 2008 FAMILY MOTOR COACH ASSOCIATION EVENT.
58.33 For the 2008 Family Motor Coach Association event held on the State Fair grounds,
58.34the fee the State Agricultural Society must obtain for expansion of the recreational
59.1camping area license, as required in Minnesota Statutes, section 327.15, shall be 50
59.2percent of the primary license fee prescribed in Minnesota Rules, part 4630.2000.
59.3 Sec. 71. VIRAL HEMORRHAGIC SEPTICEMIA TESTING.
59.4 The commissioner of natural resources shall form a work group with the
59.5commissioners of agriculture and health and develop a plan for detecting and responding
59.6to the presence of the fish virus Viral Hemorrhagic Septicemia (VHS) in Minnesota. The
59.7plan must cover how the joint laboratory facility at the Departments of Agriculture and
59.8Health may be used to provide testing needed to diagnose and respond to VHS. No later
59.9than January 5, 2009, the commissioner of natural resources shall present the plan to
59.10the chairs of the house and senate committees with jurisdiction over agriculture, health,
59.11and natural resources policy and finance.
59.12 Sec. 72. NEXTGEN 2007 APPROPRIATION MODIFICATION.
59.13 Up to $300,000 of the amount appropriated to the commissioner of agriculture for
59.14bioenergy grants under Laws 2007, chapter 45, article 1, section 3, subdivision 4, is for
59.15cold weather biodiesel blending infrastructure grants to facilities that serve Minnesota.
59.16 Sec. 73. 2007 APPROPRIATION MODIFICATION.
59.17 The commissioner may use up to $100,000 of the amount appropriated for dairy
59.18development and profitability enhancement and dairy business planning grants in fiscal
59.19year 2009 under Laws 2007, chapter 45, article 1, section 3, subdivision 5, for activities
59.20related to marketing, business planning, and educational efforts to assist all livestock
59.21operations located within a bovine tuberculosis modified accredited zone, as designated by
59.22the United States Department of Agriculture.
59.25 Section 1. Minnesota Statutes 2006, section 13.785, is amended by adding a
59.26subdivision to read:
59.27 Subd. 4. Deceased veterans data. Data relating to veterans deceased as a result of
59.28service-connected causes are classified under section 197.225.
59.29EFFECTIVE DATE.This section is effective the day following final enactment.
59.30 Sec. 2. Minnesota Statutes 2006, section 168.1255, subdivision 1, is amended to read:
59.31 Subdivision 1. General requirements and procedures. The commissioner shall
59.32issue special veteran contribution plates or a single motorcycle plate to an applicant who:
60.1 (1) is a veteran, as defined in section197.447 ;
60.2 (2) is a registered owner of a passenger automobile or motorcycle;
60.3 (3) pays a fee of $10 to cover the costs of handling and manufacturing the plates;
60.4 (4) pays the registration tax required under section168.013 ;
60.5 (5) pays the fees required under this chapter;
60.6 (6) pays an additional onetime World War II memorial contribution of $30, which
60.7the department shall retain until all start-up costs associated with the development and
60.8issuing of the plates have been recovered, after which the commissioner shall deposit
60.9contributions in the World War II donation match account; and
60.10 (7) complies with this chapter and rules governing the registration of motor vehicles
60.11and licensing of drivers.
60.12 Sec. 3. Minnesota Statutes 2006, section 168.1255, is amended by adding a subdivision
60.13to read:
60.14 Subd. 1a. Motorcycle plate. A motorcycle plate issued under this section must be
60.15the same size as a regular motorcycle plate.
60.16 Sec. 4. Minnesota Statutes 2006, section 168.1255, subdivision 3, is amended to read:
60.17 Subd. 3. Plate transfers. Despite section168.12, subdivision 1 , on payment of a
60.18transfer fee of $5, plates issued under this section may be transferred to another passenger
60.19automobile registered to the individual to whom the veteran contribution plates were
60.20issued, or a single motorcycle plate may be transferred to another motorcycle registered to
60.21the individual to whom the plate was issued.
60.22 Sec. 5. Minnesota Statutes 2006, section 168.1255, is amended by adding a subdivision
60.23to read:
60.24 Subd. 6. World War II memorial donation match account. Money remaining
60.25in the World War II memorial donation match account after the state share of the
60.26construction costs of the World War II memorial has been paid in full is appropriated to the
60.27commissioner of veterans affairs for services and programs for veterans and their families.
60.28 Sec. 6. [192.056] PROTECTION OF RESERVIST-OWNED BUSINESS DURING
60.29ACTIVE SERVICE.
60.30 Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this
60.31section.
60.32 (b) "Active service" has the meaning given in section 190.05, subdivision 5.
61.1 (c) "Business" means a business wholly owned by a qualified service member, or
61.2jointly by the member and the member's spouse, irrespective of whether the business
61.3is a sole proprietorship, corporation, limited liability company, partnership, limited
61.4partnership, or other type of business entity.
61.5 (d) "Qualified service member" means a Minnesota resident who is serving
61.6honorably as a member of the Minnesota National Guard or any other military reserve
61.7unit of the United States armed forces who has been ordered into active service for a
61.8period of 60 days or longer.
61.9 Subd. 2. Protection provided. (a) Notwithstanding any other law or rule to the
61.10contrary, the business of a qualified service member may be exempted from civil court
61.11proceedings for part or all of the period of the member's active military service and for up
61.12to 60 days thereafter, as provided in this section.
61.13 (b) If the business of a qualified service member is a defendant in a civil action, the
61.14court may, on its own motion, grant a stay in the proceedings for a minimum of 60 days.
61.15The court, on its own motion, may renew the stay as the court considers appropriate. If the
61.16qualified service member petitions the court in any manner for a stay, the court must grant
61.17a stay for a minimum of 60 days, provided that:
61.18 (1) the service member submits to the court a letter or other communication setting
61.19forth facts stating the manner in which current military duty requirements materially affect
61.20the service member's ability to appear or otherwise participate in the proceedings, and
61.21stating a date when the service member will be available to appear or otherwise participate
61.22in the proceedings; and
61.23 (2) the service member submits a letter or other communication from the service
61.24member's commanding officer stating that the service member's current military duty
61.25prevents appearance and that military leave is not authorized for the service member
61.26at the time of the letter.
61.27 (c) A service member's communication with the court requesting a stay does not
61.28constitute an appearance for jurisdictional purposes and does not constitute a waiver of
61.29any substantive or procedural defense, including a defense relating to lack of personal
61.30jurisdiction.
61.31 (d) A qualified service member who is granted a stay in the action or proceedings
61.32against the member's business may in any manner request from the court an additional
61.33stay, which the court may grant if the service member can show to the satisfaction of
61.34the court that the member's military requirements affect the member's ability to appear.
61.35However, the court is not obligated to grant the additional stay. If the court refuses to
61.36grant an additional stay, the court must provide the service member with information
62.1enabling the service member to acquire qualified legal counsel, at the service member's
62.2discretion, for defending the action.
62.3 (e) If a default judgment is entered in a civil action against the business of a qualified
62.4service member during the service member's period of active military service, or within 60
62.5days following termination of or release from the active military service, the court entering
62.6the judgment must, upon application by or on behalf of the service member, reopen the
62.7judgment for the purpose of allowing the member to defend the action if it appears that:
62.8 (1) the service member was materially affected by reason of that military service in
62.9making a defense to the action; and
62.10 (2) the service member has a meritorious or legal defense to the action or some
62.11part of it.
62.12EFFECTIVE DATE.This section is effective July 1, 2008, and applies to civil
62.13court actions pending or initiated on or after that date.
62.14 Sec. 7. Minnesota Statutes 2006, section 192.20, is amended to read:
62.15192.20 BREVET RANK.
62.16 Subdivision 1. Personnel eligible for brevet promotion. (a) Officers, warrant
62.17officers, and enlisted persons of the National Guard who have, after ten years active
62.18service, resigned or retired for physical disability or otherwise, may in the discretion of the
62.19commander-in-chief, on the recommendation of the adjutant general, be commissioned
62.20by brevet, in the next higher grade than that held by them at the time of their resignation
62.21or retirement.
62.22 (b) Officers, warrant officers, or enlisted persons of the National Guard who die
62.23while in state or federal active service, as defined in section 190.05, or former officers,
62.24warrant officers, or enlisted persons of the National Guard who die as a result of injuries
62.25or other conditions incurred or aggravated while in such service may, in the discretion of
62.26the commander-in-chief, on the recommendation of the adjutant general, be commissioned
62.27by brevet, in the next higher grade than that held by them at the time of their death.
62.28 (c) If a service member is wounded or killed after a battlefield commission has
62.29been approved and was pending, or if a service member was enrolled in an officer
62.30commissioning program at the time of injury or death, the person may be breveted at the
62.31rank of second lieutenant or ensign, as appropriate, following separation or discharge
62.32from military service.
62.33 Subd. 2. Effect of brevet rank. Brevet rank shall be considered strictly honorary
62.34and shall confer no privilege of precedence or command, nor pay any emoluments. Brevet
63.1officers, warrant officers, and enlisted persons may wear the uniform of their brevet grade
63.2on occasions of ceremony.
63.3EFFECTIVE DATE.This section is effective the day following final enactment.
63.4 Sec. 8. [192.325] DISCRIMINATION AGAINST FAMILY OF SERVICE
63.5MEMBER; UNPAID LEAVE REQUIRED.
63.6 An employer may not:
63.7 (1) discharge from employment or take adverse employment action against any
63.8employee because of the membership of that employee's spouse, parent, or child in the
63.9military forces of the United States, of this state, or any other state; or
63.10 (2) discharge from employment, take adverse employment action against, or
63.11otherwise hinder an employee from attending the following kinds of events relating to the
63.12military service of the employee's spouse, parent, or child and to which the employee is
63.13invited or otherwise called upon to attend by proper military authorities:
63.14 (i) departure or return ceremonies for deploying or returning military personnel
63.15or units;
63.16 (ii) family training or readiness events sponsored or conducted by the military; and
63.17 (iii) events held as part of official military reintegration programs.
63.18 The employee must provide reasonable notice to the employer when requesting
63.19time off, and the employer must provide a reasonable amount of nonpaid time off for the
63.20employee, for the purposes enumerated in items (i) to (iii), not to exceed two consecutive
63.21days or six days in a calendar year. The employer must not compel the employee to use
63.22accumulated but unused vacation for these events.
63.23 Section 645.241 does not apply to this section.
63.24EFFECTIVE DATE.This section is effective August 1, 2008, and applies to
63.25employment action occurring on or after that date.
63.26 Sec. 9. Minnesota Statutes 2006, section 196.021, is amended to read:
63.27196.021 DEPUTY COMMISSIONERS; DUTIES.
63.28 Subdivision 1. Appointment. The commissioner shall appoint a deputy
63.29commissioner for veteran servicesas provided in subdivision 2, and the board of directors
63.30of the Minnesota Veterans Homes may appoint a deputy commissioner for veteran health
63.31careas provided in section
198.004
63.32service, the deputy for veteran services at the pleasure of the commissioner and the deputy
63.33for veteran health care at the pleasure of the board. Both deputies shall must be residents
63.34of Minnesota, citizens of the United States, and veterans as defined in section197.447 .
64.1 Subd. 2.Deputy for veteran services; Powers and duties. The deputy
64.2commissioner for veteran serviceshas and the deputy commissioner for veteran health
64.3care have those powers delegated by the commissionerthat have not otherwise been
64.4delegated to the deputy commissioner for veteran health care by the commissioner or
64.5assigned to that deputy commissioner by law. A delegation must be in writing, signed
64.6by the commissioner, and filed with the secretary of state.
64.7 Sec. 10. Minnesota Statutes 2006, section 196.03, is amended to read:
64.8196.03 OFFICERS AND EMPLOYEES.
64.9Except as provided in chapter 198, All officers and employees of the department
64.10shall be appointed by the commissioner and they shall perform such duties as may be
64.11assigned to them by the commissioner.
64.12 Sec. 11. [196.30] VETERANS HEALTH CARE ADVISORY COUNCIL.
64.13 Subdivision 1. Creation. The Veterans Health Care Advisory Council is established
64.14to provide the Department of Veterans Affairs with advice and recommendations on
64.15providing veterans with quality long-term care and the anticipated future needs of
64.16Minnesota veterans.
64.17 Subd. 2. Membership. (a) The council consists of nine public members appointed
64.18by the governor. The council members are:
64.19 (1) seven members with extensive expertise in health care delivery, long-term care,
64.20and veterans services;
64.21 (2) one licensed clinician who may be either a physician, physician's assistant, or
64.22a nurse practitioner; and
64.23 (3) one additional member.
64.24 (b) The governor shall designate a member to serve as the chair.
64.25 (c) The commissioner of veterans affairs, or the commissioner's designee, is an ex
64.26officio, nonvoting member of the council and shall provide necessary and appropriate
64.27administrative and technical support to the council.
64.28 (d) Membership terms, removal of members, and the filling of vacancies are as
64.29provided in section 15.059, subdivisions 2 and 4. Members shall not receive compensation
64.30or per diem payments, but may receive reimbursement for expenses pursuant to section
64.3115.059, subdivision 3.
64.32 Subd. 3. Duties. The council is an advisory group with the responsibility of
64.33providing the commissioner of veterans affairs with information and professional expertise
64.34on the delivery of quality long-term care to veterans. The council's duties include:
65.1 (1) developing a new vision and strategic plan for the veterans homes that
65.2complements the Department of Veterans Affairs overall veterans service programs;
65.3 (2) providing recommendations and advice on matters including clinical
65.4performance, systemwide quality improvement efforts, culture and working environment
65.5of the veterans homes, and other operational and organizational functions of the veterans
65.6homes;
65.7 (3) studying and reviewing current issues and trends in the long-term care industry
65.8and the veterans community;
65.9 (4) providing recommendations to the commissioner on alternative options for the
65.10delivery of long-term care to veterans so that veterans and their families can determine
65.11appropriate services under models similar to those available in the community;
65.12 (5) establishing, as appropriate, subcommittees or ad hoc task forces of council
65.13members, stakeholders, and other individuals with expertise or experience to address
65.14specific issues; and
65.15 (6) reviewing and providing advice on any other matter at the request of the
65.16commissioner.
65.17 Subd. 4. Expiration. Notwithstanding section 15.059, subdivision 4, the council
65.18expires June 30, 2013.
65.19 Sec. 12. [197.225] LIST OF DECEASED MILITARY PERSONNEL.
65.20 (a) The commissioner of veterans affairs shall collect and maintain data about
65.21Minnesota residents who have died of service-connected causes while serving in the
65.22United States armed forces. The data may include deceased service members who are
65.23the immediate family members of Minnesota residents, but who themselves were not
65.24Minnesota residents at the time of death. The commissioner shall collect the following
65.25data: the individual's full name, military rank, branch of service, age at the time of death,
65.26and Minnesota hometown or if not a Minnesota resident at the time of death, the service
65.27member's home state.
65.28 (b) Data collected pursuant to this section are nonpublic data, but may be
65.29disseminated to the individual's next of kin, and for ceremonial or honorary purposes to
65.30veterans' organizations, civic organizations, the news media, and researchers. No other
65.31use or dissemination of the data is permitted.
65.32 (c) The next of kin of a veteran whose data is collected may request that the data
65.33not be disseminated for any purpose. Upon receiving such a request, the Department of
65.34Veterans Affairs must exclude the deceased veteran's data from any data disseminated for
65.35ceremonial or honorary purposes as permitted by paragraph (b).
66.1 (d) Data collected pursuant to this section shall not be indicative of any person's
66.2status with regard to qualification for veterans benefits or other benefits.
66.3EFFECTIVE DATE.This section is effective the day following final enactment.
66.4 Sec. 13. Minnesota Statutes 2006, section 197.236, is amended to read:
66.5197.236VETERANS CEMETERY STATE VETERANS CEMETERIES.
66.6 Subd. 3. Operation and maintenance. The commissioner of veterans affairs shall
66.7supervise and control the veteranscemetery cemeteries established under this section. The
66.8cemeteries are to be maintained and operated in accordance with the operational standards
66.9and measures of the National Cemetery Administration. The commissioner may contract
66.10for the maintenanceand operation of the cemetery cemeteries. All personnel, equipment,
66.11and support necessary for maintenance and operation of thecemetery cemeteries must be
66.12included in the department's budget.
66.13 Subd. 5. Rules. The commissioner of veterans affairs may adopt rules regarding the
66.14operation of thecemetery cemeteries. If practicable, The commissioner shall require that
66.15upright granite markers supplied by the United States Department of Veterans Affairs be
66.16used to mark all gravesites.
66.17 Subd. 6. Permanent development and maintenance account. A veterans
66.18cemetery development and maintenance account is established in the special revenue
66.19fund of the state treasury. Receipts for burial fees,earnings from the veterans cemetery
66.20trust account plot or interment allowance claims, designated appropriations, and any
66.21other cemetery receipts must be deposited into this account. The money in the account,
66.22including interest earned, is appropriated to the commissioner to be used for the
66.23development, operation, maintenance, and improvement of thecemetery cemeteries.
66.24To the extent practicable, the commissioner of veterans affairs must apply for available
66.25federal grantsfor the development and operation of the cemetery to establish, expand, or
66.26improve the cemeteries.
66.27Subd. 7. Permanent trust account. A veterans cemetery trust account is
66.28established in the special revenue fund of the state treasury. All designated appropriations
66.29and monetary donations to the cemetery must be placed in this account. The principal of
66.30this account must be invested by the State Board of Investment and may not be spent. The
66.31income from this account must be transferred as directed by the account manager to the
66.32veterans cemetery development and maintenance account.
66.33 Subd. 8. Eligibility.Any person who is eligible for burial in a national veterans
66.34cemetery is eligible for burial in the State Veterans Cemetery Cemeteries must be operated
67.1solely for the burial of service members who die on active duty, eligible veterans, and
67.2their spouses and dependent children, as defined in United States Code, title 38, section
67.3101, paragraph (2).
67.4 Subd. 9. Burial fees. The commissioner of veterans affairs shall establish a fee
67.5schedule, which may be adjusted from time to time, for the interment of eligiblefamily
67.6members spouses and dependent children. The fees shall cover as nearly as practicable
67.7the actual costs of interment, excluding the value of the plot.The department may accept
67.8the Social Security burial allowance, if any, of the eligible family members in an amount
67.9not to exceed the actual cost of the interment. The commissioner may waive the fee
67.10in the case of an indigent eligible person.
67.11 No plot or interment fees may be charged for the burial ofeligible veterans, members
67.12of the National Guard, or military reservists, except that funds available from the Social
67.13Security or veterans burial allowances, if any, must be paid to the commissioner in an
67.14amount not to exceed the actual cost of the interment, excluding the value of the plot
67.15service members who die on active duty or eligible veterans, as defined in United States
67.16Code, title 38, section 101, paragraph (2).
67.17Prior to the interment of an eligible person, the commissioner shall request the
67.18cooperation of the eligible person's next of kin in applying to the appropriate federal
67.19agencies for payment to the cemetery of any allowable interment allowance.
67.20Subd. 10. Allocation of plots. A person, or survivor of a person, eligible for
67.21interment in the State Veterans Cemetery may apply for a burial plot for the eligible
67.22person by submitting a request to the commissioner of veterans affairs on a form supplied
67.23by the department. The department shall allot plots on a first-come, first-served basis. To
67.24the extent that it is practical, plots must be allocated in a manner permitting the burial of
67.25eligible family members above, below, or adjacent to the eligible veteran, member of
67.26the National Guard, or military reservist.
67.27 Subd. 11. Plot allowance claims. The commissioner of veterans affairs must apply
67.28to the Veterans Benefits Administration for a plot or interment allowance payable to the
67.29state for expenses incurred by the state in the burial of eligible veterans in cemeteries
67.30owned and operated by the state if the burial is performed at no cost to the veteran's
67.31next of kin.
67.32 Subd. 12. No staff. No staff may be hired for any new veterans cemetery without
67.33explicit legislative approval.
68.1 Sec. 14. Minnesota Statutes 2007 Supplement, section 197.791, subdivision 1, is
68.2amended to read:
68.3 Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this
68.4section.
68.5 (b) "Commissioner" means the commissioner of veterans affairs, unless otherwise
68.6specified.
68.7 (c) "Cost of attendance" forboth graduate and undergraduate students has the
68.8meaning given in section136A.121, subdivision 6 , multiplied by a factor of 1.1 1.2.
68.9The Cost of attendance for graduate students has the meaning given in section 136A.121,
68.10subdivision 6, multiplied by a factor of 1.2, using the tuition and fee maximum established
68.11by law for four-year programsshall be used to calculate the tuition and fee maximum
68.12under section
136A.121, subdivision 6, for a graduate student. For purposes of calculating
68.13the cost of attendance for graduate students, full time is eight credits or more per term or
68.14the equivalent.
68.15 (d) "Child" means a natural or adopted child of a person described in subdivision 4,
68.16paragraph (a), clause (1), item (i) or (ii).
68.17 (e) "Eligible institution" means a postsecondary institution under section136A.101 ,
68.18subdivision 4, or a graduate school licensed or registered with the state of Minnesota
68.19serving only graduate students.
68.20 (f) "Program" means the Minnesota GI Bill program established in this section,
68.21unless otherwise specified.
68.22 (g) "Time of hostilities" means any action by the armed forces of the United States
68.23that is recognized by the issuance of a presidential proclamation or a presidential executive
68.24order in which the armed forces expeditionary medal or other campaign service medals
68.25are awarded according to presidential executive order, and any additional period or place
68.26that the commissioner determines and designates, after consultation with the United States
68.27Department of Defense, to be a period or place where the United States is in a conflict that
68.28places persons at such a risk that service in a foreign country during that period or in that
68.29place should be considered to be included.
68.30 (h) "Veteran" has the meaning given in section197.447 . Veteran also includes
68.31a service member who has received an honorable discharge after leaving each period of
68.32federal active duty service and has:
68.33 (1) served 90 days or more of federal active duty in a foreign country during a time
68.34of hostilities in that country; or
68.35 (2) been awarded any of the following medals:
68.36 (i) Armed Forces Expeditionary Medal;
69.1 (ii) Kosovo Campaign Medal;
69.2 (iii) Afghanistan Campaign Medal;
69.3 (iv) Iraq Campaign Medal;
69.4 (v) Global War on Terrorism Expeditionary Medal; or
69.5 (vi) any other campaign medal authorized for service after September 11, 2001; or
69.6(2) (3) received a service-related medical discharge from any period of service in a
69.7foreign country during a time of hostilities in that country.
69.8A service member who has fulfilled the requirements for being a veteran under this
69.9paragraph but is still serving actively in the United States armed forces is also a veteran
69.10for the purposes of this section.
69.11 Sec. 15. Minnesota Statutes 2007 Supplement, section 197.791, subdivision 4, is
69.12amended to read:
69.13 Subd. 4. Eligibility. (a) A person is eligible for educational assistance under this
69.14section if:
69.15 (1) the person is:
69.16 (i) a veteran who is serving or has served honorably in any branch or unit of the
69.17United States armed forces at any time on or after September 11, 2001;
69.18 (ii) a nonveteran who has served honorably for a total of five years or more
69.19cumulatively as a member of the Minnesota National Guard or any other active or reserve
69.20component of the United States armed forces, and any part of that service occurred on or
69.21after September 11, 2001;
69.22 (iii) the surviving spouse or child of a person who has served in the military at any
69.23time on or after September 11, 2001, and who has died as a direct result of that military
69.24service; or
69.25 (iv) the spouse or child of a person who has served in the military at any time on or
69.26after September 11, 2001, and who has a total and permanent service-connected disability
69.27as rated by the United States Veterans Administration;
69.28(2) the person providing the military service described in clause (1), items (i) to (iv),
69.29was a Minnesota resident within six months of the time of the person's initial enlistment or
69.30any reenlistment in the United States armed forces;
69.31(3) (2) the person receiving the educational assistance is a Minnesota resident, as
69.32defined in section136A.101, subdivision 8 ; and
69.33(4) (3) the person receiving the educational assistance:
69.34 (i) is an undergraduate or graduate student at an eligible institution;
70.1 (ii) is maintaining satisfactory academic progress as defined by the institution for
70.2students participating in federal Title IV programs;
70.3 (iii) is enrolled in an education program leading to a certificate, diploma, or degree
70.4at an eligible institution;
70.5 (iv) has applied for educational assistance under this section prior to the end of the
70.6academic term for which the assistance is being requested;
70.7 (v) is in compliance with child support payment requirements under section
70.8136A.121, subdivision 2
, clause (5); and
70.9 (vi)if an undergraduate student, has applied for the federal Pell Grant and the
70.10Minnesota State Grant has completed the Free Application for Federal Student Aid
70.11(FAFSA).
70.12 (b) A person's eligibility terminates when the person becomes eligible for benefits
70.13under section135A.52 .
70.14 (c) To determine eligibility, the commissioner may require official documentation,
70.15including the person's federal form DD-214 or other official military discharge papers;
70.16correspondence from the United States Veterans Administration; birth certificate; marriage
70.17certificate; proof of enrollment at an eligible institution; signed affidavits; proof of
70.18residency; proof of identity; or any other official documentation the commissioner
70.19considers necessary to determine eligibility.
70.20 (d) The commissioner may deny eligibility or terminate benefits under this section
70.21to any person who has not provided sufficient documentation to determine eligibility for
70.22the program. An applicant may appeal the commissioner's eligibility determination or
70.23termination of benefits in writing to the commissioner at any time. The commissioner
70.24must rule on any application or appeal within 30 days of receipt of all documentation that
70.25the commissioner requires. The decision of the commissioner regarding an appeal is final.
70.26However, an applicant whose appeal of an eligibility determination has been rejected by
70.27the commissioner may submit an additional appeal of that determination in writing to the
70.28commissioner at any time that the applicant is able to provide substantively significant
70.29additional information regarding the applicant's eligibility for the program. An approval
70.30of an applicant's eligibility by the commissioner following an appeal by the applicant is
70.31not retroactively effective for more than one year or the semester of the person's original
70.32application, whichever is later.
70.33 (e) Upon receiving an application with insufficient documentation to determine
70.34eligibility, the commissioner must notify the applicant within 30 days of receipt of the
70.35application that the application is being suspended pending receipt by the commissioner of
70.36sufficient documentation from the applicant to determine eligibility.
71.1 Sec. 16. Minnesota Statutes 2007 Supplement, section 197.791, subdivision 5, is
71.2amended to read:
71.3 Subd. 5. Benefit amount. (a) On approval by the commissioner of eligibility for
71.4the program, the applicant shall be awarded, on a funds-available basis, the educational
71.5assistance under the program for use at any time according to program rules at any
71.6eligible institution.
71.7 (b) The amount of educational assistance in any semester or term for an eligible
71.8person must be determined by subtracting from the eligible person's cost of attendance the
71.9amount the person received or was eligible to receive in that semester or term from:
71.10 (1) the federal Pell Grant;
71.11 (2) the state grant program under section136A.121 ; and
71.12 (3) any federal military or veterans educational benefits including but not limited
71.13to the Montgomery GI Bill, GI Bill Kicker, the federal tuition assistance program,
71.14vocational rehabilitation benefits, and any other federal benefits associated with the
71.15person's status as a veteran, except veterans disability payments from the United States
71.16Veterans Administration.
71.17 (c) The amount of educational assistance for any eligible person who is a full-time
71.18student must not exceed the following:
71.19 (1) $1,000 per semester or term of enrollment;
71.20 (2)$2,000 $3,000 per state fiscal year; and
71.21 (3) $10,000 in a lifetime.
71.22For a part-time student, the amount of educational assistance must not exceed $500
71.23per semester or term of enrollment. For the purpose of this paragraph, a part-time
71.24undergraduate student is a student taking fewer than 12 credits or the equivalent for a
71.25semester or term of enrollment and a part-time graduate student is a student considered
71.26part time by the eligible institution the graduate student is attending. The minimum award
71.27for undergraduate and graduate students is $50 per term.
71.28 Sec. 17. Minnesota Statutes 2006, section 198.32, subdivision 1, is amended to read:
71.29 Subdivision 1. Resident's rights. A resident of a Minnesota veterans home has the
71.30right to complain and otherwise exercise freedom of expression and assembly which is
71.31guaranteed by amendment I of the United States Constitution. The administrator of the
71.32home shall inform each resident in writing at the time of admission of the right to complain
71.33to the administrator about home accommodations and services. A notice of the right to
71.34complain shall be posted in the home. The administrator shall also inform each resident of
71.35the right to complain to theboard or to the commissioner of veterans affairs. Each resident
72.1of a home shall be encouraged and assisted, throughout the period of stay in the home, to
72.2understand and exercise the rights of freedom of expression and assembly as a resident
72.3and as a citizen, and, to this end, the resident may voice grievances and recommend
72.4changes in policies and services to home staff, other residents, and outside representatives
72.5of the resident's choice, free from restraint, interference, coercion, discrimination, or
72.6reprisal, including retaliatory eviction.
72.7 Sec. 18. RULES TRANSFER.
72.8 Minnesota Rules, chapter 9050, is transferred from the Veterans Homes Board of
72.9Directors to the commissioner of veterans affairs. The commissioner shall administer and
72.10enforce those rules and may amend or repeal them.
72.11 Sec. 19. APPOINTMENTS.
72.12 Notwithstanding Minnesota Statutes, section 196.30, subdivision 2, paragraph (d),
72.13the governor may make the initial appointments to the Veterans Health Care Advisory
72.14Council under Executive Order 07-20 without complying with the appointment process in
72.15Minnesota Statutes, section 15.0597.
72.16 Sec. 20. OMBUDSMAN FOR VETERANS HOME RESIDENTS.
72.17 The ombudsman required under Laws 2007, chapter 45, article 2, section 1,
72.18paragraph (j), must attend all meetings of the Veterans Health Care Advisory Council
72.19established in new Minnesota Statutes, section 196.30.
72.20EFFECTIVE DATE.This section is effective the day following final enactment.
72.21 Sec. 21. TRANSFER OF FUNDS IN VETERANS CEMETERY TRUST
72.22ACCOUNT.
72.23 Notwithstanding Minnesota Statutes, section 16A.62, on June 30, 2008, all money in
72.24the veterans cemetery trust account in the special revenue fund established in Minnesota
72.25Statutes, section 197.236, subdivision 7, must be transferred to the permanent development
72.26and maintenance account in the special revenue fund under Minnesota Statutes, section
72.27197.236, subdivision 6.
72.28 Sec. 22. STATE VETERANS CEMETERY STUDY.
72.29 The commissioner of veterans affairs shall evaluate the status of and need for
72.30additional veterans cemeteries in the state, including consideration of a new veterans
72.31cemetery in southern Minnesota. By January 15, 2009, the commissioner shall report
73.1the findings of the study to the chairs and ranking minority members of the legislative
73.2committees with jurisdiction over veterans policy and finance.
73.3 Sec. 23. PARTNERING IN DELIVERY OF VETERANS SERVICES.
73.4 The commissioner of veterans affairs must seek input from a broad range of
73.5experienced nongovernmental social service and health care providers, including both
73.6secular and faith-based service organizations, from throughout the state regarding the
73.7feasibility of public-private collaboration in providing services to Minnesota Veterans.
73.8The services may include home health care, psychological counseling, life-skills
73.9rehabilitation counseling, home hospice care, respite care, and other types of home-based
73.10health care as judged necessary by the commissioner to enable veterans to recover from
73.11service-connected injuries, illnesses, and disabilities. The commissioner must report to
73.12the legislature by January 15, 2009, with findings and recommendations for establishing
73.13the service-delivery partnerships.
73.14 Sec. 24. VETERANS AFFAIRS STRATEGIC PLANNING GROUP.
73.15 (a) By January 15, 2009, the Department of Veterans Affairs Strategic Planning
73.16Group shall report to the chairs and ranking minority members of the house and the
73.17senate committees with jurisdiction over veterans affairs policy and finance the group's
73.18recommendations for the Minnesota Veterans Home at Minneapolis, based on specific
73.19additional analysis of the projected capital, maintenance, and operating costs of that home,
73.20including an assessment of the feasibility of alternative operational models at that home
73.21or at alternative or additional state veterans home locations within the seven-county
73.22metropolitan area. The group must include the likelihood and projected amount of any
73.23cost-savings that could result from the demolition or remodeling and conversion of
73.24some of the infrastructure of the current campus for alternative uses and other pertinent
73.25items, such as:
73.26 (1) construction of rental housing for veterans and family members of veterans
73.27receiving medical care at the nearby US/VA Medical Center or other nearby medical
73.28institutions;
73.29 (2) conducting a land use study including a highest and best use analysis for the
73.30existing site and all improvements;
73.31 (3) investigating opportunities for public/private partnerships in strategic land
73.32use; and
73.33 (4) any other purpose judged feasible by the strategic planning group.
74.1 (b) When formulating the recommendations on the matters in paragraph (a), the
74.2Department of Veterans Affairs Strategic Planning Group must consult with the following
74.3individuals or their designees:
74.4 (1) the chairs and ranking minority members of the house and senate committees
74.5with jurisdiction over veterans affairs policy and finance;
74.6 (2) the president and legislative chairperson of the Minnesota Association of County
74.7Veterans Service Officers;
74.8 (3) the chair of the Commanders Task Force of Minnesota's congressionally
74.9chartered veterans service organizations;
74.10 (4) two members each from the Minnesota departments of the American Legion, the
74.11Veterans of Foreign Wars, and the Disabled American Veterans with at least one member
74.12from each organization coming from a rural area;
74.13 (5) the United Veterans Legislative Council;
74.14 (6) the Adjutant General of the Minnesota National Guard;
74.15 (7) the director of the Veterans Health Care Advisory Council;
74.16 (8) a representative from the United States Department of Veterans Affairs;
74.17 (9) representative residents of the Minnesota Veterans Homes and their families;
74.18 (10) representatives of the Minneapolis delegation in the Minnesota house and
74.19senate;
74.20 (11) representative residents of the Minnesota Veterans Home at Minneapolis and
74.21their families;
74.22 (12) the mayor of Minneapolis;
74.23 (13) the Minneapolis city planner;
74.24 (14) the chair of the Metropolitan Council;
74.25 (15) the director of the Minnesota Inter-County Association; and
74.26 (16) the director of the Association of Minnesota Counties.
74.27 Sec. 25. CONSTRUCTION PROJECT PRIORITY LISTING STATUS.
74.28 In accordance with completed predesign documents, veterans population surveys,
74.29and the 2008 department construction project priority listing, the commissioner of
74.30veterans affairs shall continue to plan, develop, and pursue federal funding and other
74.31resources for the construction of projects on the listing. In consultation with the Veterans
74.32Affairs Strategic Planning Group and the Veterans Health Care Advisory Council, the
74.33commissioner must consider possible options for treatment, including, but not limited to,
74.34traumatic brain injury, posttraumatic stress disorder, and psycho-geriatric care. By January
74.3515, 2009, the commissioner shall report to the chairs and ranking minority members of the
75.1legislative committees with jurisdiction over veterans homes policy and finance regarding
75.2the status of the department construction project priority listing and the activities required
75.3under this section.
75.4 Sec. 26. COUNTY VETERANS SERVICES WORKING GROUP.
75.5 Subdivision 1. Creation. The County Veterans Services Working Group shall
75.6consist of the following 13 members:
75.7 (1) two senators, including one member from the majority party and one member
75.8from the minority party, appointed by the Subcommittee on Committees of the Committee
75.9on Rules and Administration of the senate;
75.10 (2) two members of the house of representatives, one member from the majority
75.11party and one member from the minority party, appointed by the speaker of the house;
75.12 (3) the commissioner and two deputy commissioners of the Minnesota Department
75.13of Veterans Affairs (MDVA), or the commissioner's designees;
75.14 (4) the president, vice president, and legislative chair person of the Minnesota
75.15Association of County Veterans Service Officers (CVSOs);
75.16 (5) the chair of the Commanders Task Force of Minnesota's congressionally-chartered
75.17veterans service organizations, or the chair's designee;
75.18 (6) one person from the Minnesota Inter-County Association (MICA), as designated
75.19by the association board; and
75.20 (7) one person from the Association of Minnesota Counties (AMC), as designated
75.21by the association board.
75.22 Subd. 2. Duties. The working group must meet periodically to review the findings
75.23and recommendations of the 2008 report of the Office of the Legislative Auditor (OLA)
75.24on Minnesota's county veterans service offices, and make written recommendations to the
75.25legislature regarding whether and how each of that report's recommendations should be
75.26implemented. The working group may also provide additional recommendations on how
75.27to enhance the current services provided by the county veteran service offices.
75.28 The working group may suggest draft legislation for legislative consideration. By
75.29January 15, 2009, the working group must report its proposed recommendations to the
75.30chairs of the senate and house committees with jurisdiction over veterans affairs, state
75.31governmental operations, and local government affairs.
75.32 Subd. 3. Administrative provisions. (a) The commissioner of veterans affairs, or
75.33the commissioner's designee, must convene the initial meeting of the working group.
75.34Upon request of the working group, the commissioner must provide meeting space and
75.35administrative services for the group. The members of the working group must elect a
76.1chair or co-chairs from the legislative members of the working group at the initial meeting.
76.2Each subsequent meeting is at the call of the chair or co-chairs.
76.3 (b) Public members of the working group serve without special compensation or
76.4special payment of expenses from the working group.
76.5 (c) The working group expires on June 30, 2009, unless an extension is authorized
76.6by law by that date.
76.7 Subd. 4. Deadline for appointments and designations. The appointments and
76.8designations authorized by this section must be completed by August 1, 2008. The
76.9working group must convene its initial meeting no later than September 1, 2008.
76.10EFFECTIVE DATE.This section is effective the day following final enactment.
76.11 Sec. 27. STUDY OF VETERANS EMPLOYMENT IN STATE GOVERNMENT.
76.12 (a) By October 1, 2008, each appointing authority in the executive branch of state
76.13government, including the Minnesota State Colleges and Universities, must report to the
76.14commissioner of finance on the incidence of employment, recruitment, retention, and
76.15retirement of veterans in their nonelected workforce for fiscal year 2008. The report
76.16must be made in a manner approved by the commissioner, and for each separate hiring
76.17unit must include tabulation by age category and length of state employment in the
76.18executive branch, including the state college and university system. Each executive branch
76.19appointing authority must also report specific veteran employment data requested by the
76.20commissioner as of June 30, 2008, June 30, 2001, and an earlier date if judged feasible
76.21by the commissioner. By January 15, 2009, the commissioner must submit a report on
76.22the employment of veterans in the executive branch to the chairs of the house and senate
76.23policy and finance committees having jurisdiction over veterans affairs. The report must
76.24present and analyze the data obtained in this paragraph.
76.25 (b) By October 1, 2008, the judicial branch of state government must report to
76.26the chairs of the house and senate policy and finance committees having jurisdiction
76.27over veterans affairs the number of veterans employed in the judicial branch nonelective
76.28workforce on June 30, 2008, based on self-reporting of veteran status. For each separate
76.29hiring unit, the data must include tabulation by age category and length of state
76.30employment in the judicial branch.
76.31 (c) By October 1, 2008, the house of representatives, the senate, and the Legislative
76.32Coordinating Commission on behalf of joint legislative offices and commissions, must
76.33report to the chairs of the house and senate policy and finance committees having
76.34jurisdiction over veterans affairs the number of veterans employed in their nonelective
76.35workforce on June 30, 2008, based on self-reporting of veteran status. For each separate
77.1hiring unit, the data must include tabulation by age category and length of state
77.2employment in the legislative branch.
77.3 (d) For purposes of this section, "veteran" has the meaning given in Minnesota
77.4Statutes, section 197.447.
77.5EFFECTIVE DATE.This section is effective the day following final enactment.
77.6 Sec. 28. WORLD WAR II SERVICE MEDALLIONS; APPROPRIATION.
77.7 Subdivision 1. Medallions. By July 1, 2008, the commissioner of veterans
77.8affairs must notify veterans organizations that include veterans of World War II in their
77.9membership of the opportunity under this section for surviving individual veterans of
77.10World War II to obtain commemorative medallions recognizing their service in the
77.11United States armed forces during World War II. The commissioner shall establish the
77.12service criteria necessary to obtain a medallion and the cost of each medallion. Veterans
77.13organizations may collect and contribute money on behalf of their surviving individual
77.14members who meet the service criteria. No later than September 1, 2008, the organizations
77.15may submit the names of qualifying individuals and provide money to pay for the cost
77.16of the medallions to the commissioner. By October 15, 2008, the commissioner shall
77.17distribute the medallions to organizations for distribution to the qualifying individuals.
77.18 Subd. 2. Appropriation. Money received by the commissioner under this section is
77.19appropriated to the commissioner for the purposes of this section.
77.20 Sec. 29. REVISOR'S INSTRUCTION.
77.21 (a) The revisor shall change "board," "board of directors," or "Veterans Homes
77.22Board of Directors" to "commissioner" wherever it is used in Minnesota Statutes, sections
77.23198.003; 198.005; 198.006; 198.007; 198.022; 198.03; 198.05; 198.065; 198.066; 198.16;
77.24198.23; 198.261; 198.265; 198.266; 198.31; 198.33; 198.34; 198.35; 198.36; and 198.37;
77.25and shall change "board rules" to "rules adopted under this chapter" wherever it appears in
77.26Minnesota Statutes, sections 198.007 and 198.022.
77.27 (b) In Minnesota Rules, chapter 9050, the revisor shall:
77.28 (1) change the terms "executive director," "executive director of the board,"
77.29"executive director of the Veterans Homes Board," "Minnesota Veterans Homes Board,"
77.30and "board" to "commissioner of veterans affairs" except where the term "board" is used
77.31with a different meaning in Minnesota Rules, part 9050.0040, subpart 16;
77.32 (2) change the term "board-operated facility" to "facility operated by the
77.33commissioner of veterans affairs" and change the term "non-board-operated facility" to
77.34"facility not operated by the commissioner of veterans affairs";
78.1 (3) change the term "board-approved" to "approved by the commissioner of veterans
78.2affairs"; and
78.3 (4) eliminate the term "board" where it is used in the third paragraph of Minnesota
78.4Rules, part 9050.1070, subpart 9.
78.5 (c) The revisor shall change any of the terms in paragraph (a) or (b) to "commissioner
78.6of veterans affairs" if they are used to refer to the Veterans Homes Board of Directors or
78.7its executive director anywhere else in Minnesota Statutes or Minnesota Rules.
78.8 Sec. 30. REPEALER.
78.9Minnesota Statutes 2006, sections 190.17; 197.236, subdivisions 7 and 10; 198.001,
78.10subdivisions 6 and 9; 198.002, subdivisions 1, 3, and 6; 198.003, subdivisions 5 and 6;
78.11and 198.004, subdivision 2, and Minnesota Statutes 2007 Supplement, sections 198.002,
78.12subdivision 2; and 198.004, subdivision 1, are repealed.
78.13(b) Minnesota Rules, part 9050.0040, subpart 15, is repealed."
78.14Delete the title and insert:
78.16relating to the operation of state government; regulating, requiring, or changing
78.17certain provisions and programs related to agriculture; creating a livestock
78.18investment grant program; modifying pesticide and fertilizer regulation; changing
78.19certain payment provisions for certain agricultural chemical corrective action
78.20costs; changing certain food sanitary provisions; changing certain fee provisions;
78.21defining certain terms; regulating egg sales and handling; increasing the somatic
78.22cell count limit for goat milk; changing ethanol payment provisions; providing
78.23for control of bovine tuberculosis; adding a member to the NextGen Energy
78.24Board; modifying the expiration date for the NextGen Energy Board; establishing
78.25requirements for practicing animal chiropractic care; recognizing a Program
78.26for the Assessment of Veterinary Education Equivalence certification; limiting
78.27use of certain drugs; changing certain requirements; regulating prescription of
78.28veterinary drugs; changing ethanol blending provisions; modifying definition of
78.29biodiesel; increasing minimum biodiesel content; creating a tiered biodiesel
78.30content goal; requiring counties to consider natural heritage data in adopting
78.31or amending comprehensive plans; requiring local governments to consider
78.32comprehensive plans to limit development on agricultural, forest, wildlife,
78.33and open space land; establishing a task force; modifying 2007 appropriation
78.34language; creating an advisory council, a working group, and a planning group
78.35and requiring certain studies; changing certain provisions and programs related
78.36to veterans and members of the military; providing for certain medallions;
78.37transferring certain duties related to veterans homes; appropriating money;
78.38amending Minnesota Statutes 2006, sections 13.785, by adding a subdivision;
78.3918B.065, subdivisions 2, 7; 18B.07, subdivision 2; 18D.305, subdivision 2;
78.4018E.04, subdivision 2; 28A.03, by adding a subdivision; 28A.05; 28A.08;
78.4128A.082, by adding a subdivision; 28A.09, subdivision 1; 29.23; 31.05; 31.171;
78.4241A.09, subdivision 3a; 41D.01, subdivision 4; 97A.028, subdivision 3; 148.01,
78.43subdivision 1, by adding subdivisions; 156.001, by adding a subdivision; 156.02,
78.44subdivisions 1, 2; 156.04; 156.072, subdivision 2; 156.073; 156.12, subdivisions
78.452, 4, 6; 156.15, subdivision 2; 156.16, subdivisions 3, 10; 156.18, subdivisions 1,
78.462; 156.19; 168.1255, subdivisions 1, 3, by adding subdivisions; 192.20; 196.021;
78.47196.03; 197.236; 198.32, subdivision 1; 239.051, subdivision 15; 239.77, as
79.1amended; 239.7911, subdivision 2; 296A.01, subdivision 2; 394.232, subdivision
79.26; 462.355, subdivision 1; 462.357, by adding subdivisions; Minnesota Statutes
79.32007 Supplement, sections 18B.065, subdivisions 1, 2a; 18B.26, subdivision
79.43; 31.175; 41A.105; 197.791, subdivisions 1, 4, 5; 239.761, subdivision 4, by
79.5adding subdivisions; 296A.01, subdivisions 8a, 25; 394.23; Laws 2007, chapter
79.645, article 1, section 3, subdivisions 3, 4, 5; proposing coding for new law
79.7in Minnesota Statutes, chapters 17; 32; 148; 192; 196; 197; 394; repealing
79.8Minnesota Statutes 2006, sections 190.17; 197.236, subdivisions 7, 10; 198.001,
79.9subdivisions 6, 9; 198.002, subdivisions 1, 3, 6; 198.003, subdivisions 5, 6;
79.10198.004, subdivision 2; Minnesota Statutes 2007 Supplement, sections 198.002,
79.11subdivision 2; 198.004, subdivision 1; Minnesota Rules, part 9050.0040, subpart
79.1215."
We request the adoption of this report and repassage of the bill.Senate Conferees: (Signed) Jim Vickerman, Dan Skogen, Steve Dille, Steve Murphy, Sharon L. Erickson RopesHouse Conferees: (Signed) Al Juhnke, Mary Ellen Otremba, Lyle Koenen, Rod Hamilton, Karla Bigham
1.3relating to the operation of state government; changing certain provisions
1.4and programs related to agriculture; creating a livestock investment grant
1.5program; modifying pesticide and fertilizer regulation; changing certain payment
1.6provisions for certain agricultural chemical corrective action costs; changing
1.7certain food sanitary provisions; changing certain fee provisions; defining certain
1.8terms; regulating egg sales and handling; increasing the somatic cell count limit
1.9for goat milk; providing for control of bovine tuberculosis; adding a member
1.10to the NextGen Energy Board; modifying the expiration date for the NextGen
1.11Energy Board; modifying the expiration date for the Minnesota Agriculture
1.12Education Leadership Council; establishing requirements for practicing animal
1.13chiropractic care; recognizing a Program for the Assessment of Veterinary
1.14Education Equivalence certification; limiting use of certain drugs; changing
1.15certain requirements; regulating prescription of veterinary drugs; modifying
1.16definition of biodiesel; increasing minimum biodiesel content; creating a tiered
1.17biodiesel content goal; requiring counties to consider natural heritage data in
1.18adopting or amending comprehensive plans; requiring local governments to
1.19consider comprehensive plans to limit development on agricultural, forest,
1.20wildlife, and open space land; regulating certain racetracks; modifying 2007
1.21appropriation language; creating the Veterans Health Care Advisory Council;
1.22changing certain provisions and programs related to veterans; providing for
1.23certain medallions; authorizing the placement of a plaque in the court of
1.24honor on the Capitol grounds by Minnesota's Mexican-American veterans
1.25to honor all Minnesota veterans who have served at any time in the United
1.26States armed forces; appropriating money;amending Minnesota Statutes 2006,
1.27sections 18B.07, subdivision 2; 18D.305, subdivision 2; 18E.04, subdivision 2;
1.2828A.03, by adding a subdivision; 28A.08; 28A.082, by adding a subdivision;
1.2928A.09, subdivision 1; 29.23; 31.05; 31.171; 41D.01, subdivision 4; 148.01,
1.30subdivision 1, by adding subdivisions; 156.001, by adding a subdivision; 156.02,
1.31subdivisions 1, 2; 156.04; 156.072, subdivision 2; 156.073; 156.12, subdivisions
1.322, 4, 6; 156.15, subdivision 2; 156.16, subdivisions 3, 10; 156.18, subdivisions
1.331, 2; 156.19; 168.1255, subdivisions 1, 3, by adding subdivisions; 196.021;
1.34196.03; 197.236; 198.32, subdivision 1; 239.77, as amended; 240.06, subdivision
1.355a, by adding a subdivision; 240.13, subdivision 6; 394.232, subdivision 6;
1.36462.355, subdivision 1; 462.357, by adding subdivisions; Minnesota Statutes
1.372007 Supplement, sections 31.175; 35.244; 41A.105; 296A.01, subdivision 8a;
1.38394.23; Laws 2007, chapter 45, article 1, section 3, subdivisions 3, 4; proposing
1.39coding for new law in Minnesota Statutes, chapters 17; 18C; 32; 148; 196;
1.40394; repealing Minnesota Statutes 2006, sections 198.001, subdivisions 6, 9;
1.41198.002, subdivisions 1, 3, 6; 198.003, subdivisions 5, 6; 198.004, subdivision 2;
2.1Minnesota Statutes 2007 Supplement, sections 198.002, subdivision 2; 198.004,
2.2subdivision 1; Minnesota Rules, part 9050.0040, subpart 15.
2.3May 6, 2008
2.4The Honorable James P. Metzen
2.5President of the Senate
2.6The Honorable Margaret Anderson Kelliher
2.7Speaker of the House of Representatives
2.8We, the undersigned conferees for S.F. No. 3683 report that we have agreed upon
2.9the items in dispute and recommend as follows:
2.10That the House recede from its amendments and that S.F. No. 3683 be further
2.11amended as follows:
2.12Delete everything after the enacting clause and insert:
2.15 Section 1. [17.118] LIVESTOCK INVESTMENT GRANT PROGRAM.
2.16 Subdivision 1. Establishment. The commissioner may award a livestock investment
2.17grant to a person who raises livestock in this state equal to ten percent of the first $500,000
2.18of qualifying expenditures, provided the person makes qualifying expenditures of at least
2.19$4,000. The commissioner may award multiple livestock investment grants to a person
2.20over the life of the program as long as the cumulative amount does not exceed $50,000.
2.21 Subd. 2. Definitions. (a) For the purposes of this section, the terms defined in this
2.22subdivision have the meanings given them.
2.23 (b) "Livestock" means beef cattle, dairy cattle, swine, poultry, goats, mules, farmed
2.24cervidae, ratitae, bison, sheep, horses, and llamas.
2.25 (c) "Qualifying expenditures" means the amount spent for:
2.26 (1) the acquisition, construction, or improvement of buildings or facilities for the
2.27production of livestock or livestock products;
2.28 (2) the development of pasture for use by livestock including, but not limited to, the
2.29acquisition, development, or improvement of:
2.30 (i) lanes used by livestock that connect pastures to a central location;
2.31 (ii) watering systems for livestock on pasture including water lines and booster
2.32pumps well installations;
2.33 (iii) livestock stream crossing stabilization; and
2.34 (iv) fences; or
2.35 (3) the acquisition of equipment for livestock housing, confinement, feeding, and
2.36waste management including, but not limited to, the following:
3.1 (i) freestall barns;
3.2 (ii) watering facilities;
3.3 (iii) feed storage and handling equipment;
3.4 (iv) milking parlors;
3.5 (v) robotic equipment;
3.6 (vi) scales;
3.7 (vii) milk storage and cooling facilities;
3.8 (viii) bulk tanks;
3.9 (ix) computer hardware and software and associated equipment used to monitor
3.10the productivity and feeding of livestock;
3.11 (x) manure pumping and storage facilities;
3.12 (xi) swine farrowing facilities;
3.13 (xii) swine and cattle finishing barns;
3.14 (xiii) calving facilities;
3.15 (xiv) digesters;
3.16 (xv) equipment used to produce energy;
3.17 (xvi) on-farm processing facilities equipment;
3.18 (xvii) fences; and
3.19 (xviii) livestock pens and corrals and sorting, restraining, and loading chutes.
3.20 Except for qualifying pasture development expenditures under clause (2), qualifying
3.21expenditures only include amounts that are allowed to be capitalized and deducted under
3.22either section 167 or 179 of the Internal Revenue Code in computing federal taxable
3.23income. Qualifying expenditures do not include an amount paid to refinance existing debt.
3.24 (d) "Qualifying period" means, for a grant awarded during a fiscal year, that full
3.25calendar year of which the first six months precede the first day of the current fiscal year.
3.26For example, an eligible person who makes qualifying expenditures during calendar
3.27year 2008 is eligible to receive a livestock investment grant between July 1, 2008, and
3.28June 30, 2009.
3.29 Subd. 3. Eligibility. (a) To be eligible for a livestock investment grant, a person
3.30must:
3.31 (1) be a resident of Minnesota or an entity specifically defined in section 500.24,
3.32subdivision 2, that is eligible to own farmland and operate a farm in this state under
3.33section 500.24;
3.34 (2) be the principal operator of the farm;
3.35 (3) hold a feedlot registration, if required; and
4.1 (4) apply to the commissioner on forms prescribed by the commissioner including a
4.2statement of the qualifying expenditures made during the qualifying period along with any
4.3proof or other documentation the commissioner may require.
4.4 (b) The $50,000 maximum grant applies at the entity level for partnerships, S
4.5corporations, C corporations, trusts, and estates as well as at the individual level. In the
4.6case of married individuals, the grant is limited to $50,000 for a married couple.
4.7 Subd. 4. Process. The commissioner, in consultation with the chairs and ranking
4.8minority members of the house and senate committees with jurisdiction over agriculture
4.9finance, shall develop competitive eligibility criteria and may allocate grants on a needs
4.10basis. The commissioner shall certify eligible applications up to the amount appropriated
4.11for a fiscal year. The commissioner must place any additional eligible applications on a
4.12waiting list and, notwithstanding subdivision 2, paragraph (c), give them priority during
4.13the next fiscal year. The commissioner shall notify in writing any applicant who applies for
4.14a grant and is ineligible under the provisions of this section as well as any applicant whose
4.15application is received or reviewed after the fiscal year funding limit has been reached.
4.16 Sec. 2. Minnesota Statutes 2007 Supplement, section 18B.065, subdivision 1, is
4.17amended to read:
4.18 Subdivision 1. Collection and disposal. The commissioner of agriculture shall
4.19establish and operate a program to collect and dispose of waste pesticides. The program
4.20must be made available to
4.21whose waste generating activity occurs in this state.
4.22EFFECTIVE DATE.This section is effective July 1, 2008, and applies to all
4.23cooperative agreements entered into by the commissioner of agriculture and local units of
4.24government for waste pesticide collection and disposal after that date.
4.25 Sec. 3. Minnesota Statutes 2006, section 18B.065, subdivision 2, is amended to read:
4.26 Subd. 2. Implementation. (a) The commissioner may obtain a United States
4.27Environmental Protection Agency hazardous waste identification number to manage the
4.28waste pesticides collected.
4.29 (b) The commissioner may not limit the type and quantity of waste pesticides
4.30accepted for collection and may not assess pesticide end users for portions of the costs
4.31incurred.
4.32 Sec. 4. Minnesota Statutes 2007 Supplement, section 18B.065, subdivision 2a, is
4.33amended to read:
5.1 Subd. 2a. Disposal site requirement. (a) For agricultural waste pesticides, the
5.2commissioner must designate a place in each county of the state that is available at least
5.3every
5.4
5.5responsible for solid waste management and disposal in each county to determine an
5.6appropriate location and to advertise each collection event.
5.7 (b) For residential waste pesticides, the commissioner must provide periodic
5.8disposal opportunities each year in each county. As provided under subdivision 7, the
5.9commissioner may enter into agreements with county or regional solid waste management
5.10entities to provide these collections and shall provide these entities with funding for
5.11reasonable costs incurred including, but not limited to, related supplies, transportation,
5.12advertising, and disposal costs as well as reasonable overhead costs.
5.13 (c) A person who collects waste pesticide under paragraph (a) or (b) shall record
5.14information on each waste pesticide product collected including, but not limited to,
5.15the product name, active ingredient or ingredients, quantity, and the United States
5.16Environmental Protection Agency registration number, on a form provided by the
5.17commissioner. The person must submit this information to the commissioner at least
5.18annually.
5.19EFFECTIVE DATE.This section is effective July 1, 2008, and applies to all
5.20cooperative agreements entered into by the commissioner of agriculture and local units of
5.21government for waste pesticide collection and disposal after that date.
5.22 Sec. 5. Minnesota Statutes 2006, section 18B.065, subdivision 7, is amended to read:
5.23 Subd. 7. Cooperative agreements. The commissioner may enter into cooperative
5.24agreements with state agencies and local units of government for administration of the
5.25waste pesticide collection program. The commissioner shall ensure that the program is
5.26carried out in all counties. If the commissioner cannot contract with another party to
5.27administer the program in a county, the commissioner shall perform collections according
5.28to the provisions of this section.
5.29 Sec. 6. Minnesota Statutes 2006, section 18B.07, subdivision 2, is amended to read:
5.30 Subd. 2. Prohibited pesticide use. (a) A person may not use, store, handle,
5.31distribute, or dispose of a pesticide, rinsate, pesticide container, or pesticide application
5.32equipment in a manner:
5.33 (1) that is inconsistent with a label or labeling as defined by FIFRA;
6.1 (2) that endangers humans, damages agricultural products, food, livestock, fish,
6.2or wildlife; or
6.3 (3) that will cause unreasonable adverse effects on the environment.
6.4 (b) A person may not direct a pesticide onto property beyond the boundaries of the
6.5target site. A person may not apply a pesticide resulting in damage to adjacent property.
6.6 (c) A person may not directly apply a pesticide on a human by overspray or target
6.7site spray, except when:
6.8 (1) the pesticide is intended for use on a human;
6.9 (2) the pesticide application is for mosquito control operations;
6.10 (3) the pesticide application is for control of gypsy moth, forest tent caterpillar,
6.11or other pest species, as determined by the commissioner, and the pesticide used is a
6.12biological agent; or
6.13 (4) the pesticide application is for a public health risk, as determined by the
6.14commissioner of health, and the commissioner of health, in consultation with the
6.15commissioner of agriculture, determines that the application is warranted based on
6.16the commissioner's balancing of the public health risk with the risk that the pesticide
6.17application poses to the health of the general population, with special attention to the
6.18health of children.
6.19 (d) For pesticide applications under paragraph (c), clause (2), the following
6.20conditions apply:
6.21 (1) no practicable and effective alternative method of control exists;
6.22 (2) the pesticide is among the least toxic available for control of the target pest; and
6.23 (3) notification to residents in the area to be treated is provided at least 24 hours
6.24before application through direct notification, posting daily on the treating organization's
6.25Web site, if any, and by sending a broadcast e-mail to those persons who request
6.26notification of such, of those areas to be treated by adult mosquito control techniques
6.27during the next calendar day. For control operations related to human disease, notice under
6.28this paragraph may be given less than 24 hours in advance.
6.29 (e) For pesticide applications under paragraph (c), clauses (3) and (4), the following
6.30conditions apply:
6.31 (1) no practicable and effective alternative method of control exists;
6.32 (2) the pesticide is among the least toxic available for control of the target pest; and
6.33 (3) notification of residents in the area to be treated is provided by direct notification
6.34and through publication in a newspaper of general circulation within the affected area.
6.35 (f) For purposes of this subdivision, "direct notification" may include mailings,
6.36public meetings, posted placards, neighborhood newsletters, or other means of contact
7.1designed to reach as many residents as possible. Public meetings held to meet this
7.2requirement for adult mosquito control, under paragraph (d), must be held within each
7.3city or town where the pesticide treatments are to be made, at a time and location that is
7.4convenient for residents of the area where the treatments will occur.
7.5 (g) A person may not apply a pesticide in a manner so as to expose a worker in an
7.6immediately adjacent, open field.
7.7 (h) Notwithstanding that the application is done in a manner consistent with the
7.8label or labeling, it is a violation of this chapter to directly apply a pesticide to a site where
7.9an application has not been: (1) requested, ordered, contracted for, or permitted; or (2)
7.10performed pursuant to paragraph (c), clause (2), (3), or (4).
7.11 Sec. 7. Minnesota Statutes 2007 Supplement, section 18B.26, subdivision 3, is
7.12amended to read:
7.13 Subd. 3. Application fee. (a) A registrant shall pay an annual application fee for
7.14each pesticide to be registered, and this fee is set at 0.4 percent of annual gross sales
7.15within the state and annual gross sales of pesticides used in the state, with a minimum
7.16nonrefundable fee of $250. The registrant shall determine when and which pesticides
7.17are sold or used in this state. The registrant shall secure sufficient sales information of
7.18pesticides distributed into this state from distributors and dealers, regardless of distributor
7.19location, to make a determination. Sales of pesticides in this state and sales of pesticides
7.20for use in this state by out-of-state distributors are not exempt and must be included in the
7.21registrant's annual report, as required under paragraph (c), and fees shall be paid by the
7.22registrant based upon those reported sales. Sales of pesticides in the state for use outside
7.23of the state are exempt from the application fee in this paragraph if the registrant properly
7.24documents the sale location and distributors. A registrant paying more than the minimum
7.25fee shall pay the balance due by March 1 based on the gross sales of the pesticide by the
7.26registrant for the preceding calendar year. The fee for disinfectants and sanitizers shall be
7.27the minimum. The minimum fee is due by December 31 preceding the year for which
7.28the application for registration is made.
7.29
7.30
7.31fiscal year, the commissioner shall allocate from the pesticide regulatory account a sum
7.32sufficient to collect and dispose of waste pesticides under section 18B.065. However,
7.33notwithstanding section 18B.065, if the commissioner determines that the balance in the
7.34pesticide regulatory account at the end of the fiscal year will be less than $500,000, the
7.35commissioner may suspend waste pesticide collections or provide partial payment to a
8.1person for waste pesticide collection. The commissioner must notify as soon as possible
8.2and no later than August 1 a person under contract to collect waste pesticides of an
8.3anticipated suspension or payment reduction.
8.4 (b) An additional fee of $100 must be paid by the applicant for each pesticide to be
8.5registered if the application is a renewal application that is submitted after December 31.
8.6 (c) A registrant must annually report to the commissioner the amount and type of
8.7each registered pesticide sold, offered for sale, or otherwise distributed in the state. The
8.8report shall be filed by March 1 for the previous year's registration. The commissioner
8.9shall specify the form of the report and require additional information deemed necessary
8.10to determine the amount and type of pesticides annually distributed in the state. The
8.11information required shall include the brand name, amount, and formulation of each
8.12pesticide sold, offered for sale, or otherwise distributed in the state, but the information
8.13collected, if made public, shall be reported in a manner which does not identify a specific
8.14brand name in the report.
8.15 (d) A registrant who is required to pay more than the minimum fee for any pesticide
8.16under paragraph (a) must pay a late fee penalty of $100 for each pesticide application fee
8.17paid after March 1 in the year for which the license is to be issued.
8.18EFFECTIVE DATE.This section is effective July 1, 2008, and applies to all
8.19cooperative agreements entered into by the commissioner of agriculture and local units of
8.20government for waste pesticide collection and disposal after that date.
8.21 Sec. 8. Minnesota Statutes 2006, section 18D.305, subdivision 2, is amended to read:
8.22 Subd. 2. Revocation and suspension. (a) The commissioner may, after written
8.23notice and hearing, revoke, suspend, or refuse to grant or renew a registration, permit,
8.24license, or certification if a person violates a provision of this chapter or has a history
8.25within the last three years of violations of this chapter.
8.26 (b) The commissioner may refuse to accept an application for a registration, permit,
8.27license, or certification, and may revoke or suspend a previously issued registration,
8.28permit, license, or certification of a person from another state if that person has:
8.29 (1) had a registration, permit, license, or certification denied, revoked, or suspended
8.30by another state for an offense reasonably related to the requirements, qualifications, or
8.31duties of a registration, permit, license, or certification issued under chapter 18B or 18C; or
8.32 (2) been convicted of a violation, had a history of violations, or been subject to a
8.33final order imposing civil penalties authorized under the Federal Insecticide, Fungicide
8.34and Rodenticide Act (FIFRA), as amended.
9.1 Sec. 9. Minnesota Statutes 2006, section 18E.04, subdivision 2, is amended to read:
9.2 Subd. 2. Payment of corrective action costs. (a) On request by an eligible person,
9.3the board may pay the eligible person for the reasonable and necessary cash disbursements
9.4for corrective action costs incurred by the eligible person as provided under subdivision 4
9.5if the board determines:
9.6 (1) the eligible person pays the first $1,000 of the corrective action costs;
9.7 (2) the eligible person provides the board with a sworn affidavit and other convincing
9.8evidence that the eligible person is unable to pay additional corrective action costs;
9.9 (3) the eligible person continues to assume responsibility for carrying out the
9.10requirements of corrective action orders issued to the eligible person or that are in effect;
9.11 (4) the incident was reported as required in chapters 18B, 18C, and 18D; and
9.12 (5) the eligible person submits an application for payment or reimbursement to the
9.13department, along with associated invoices, within three years of (i)
9.14
9.15corrective action design or plan for that work, whichever is later.
9.16 (b)
9.17
9.18
9.19amounts paid or reimbursed by the board if false statements or misrepresentations are
9.20made in the affidavit or other evidence submitted to the commissioner to show an inability
9.21to pay corrective action costs.
9.22
9.23multiparty check.
9.24 Sec. 10. Minnesota Statutes 2006, section 28A.03, is amended by adding a subdivision
9.25to read:
9.26 Subd. 10. Vending machine. "Vending machine" means a self-service device that,
9.27upon insertion of a coin, paper currency, token, card, or key, dispenses unit servings of
9.28food in bulk or in packages without the necessity of replenishing the device between
9.29each vending operation.
9.30 Sec. 11. Minnesota Statutes 2006, section 28A.05, is amended to read:
9.3128A.05 CLASSIFICATION.
9.32 All persons required to have a license under section
9.33into one of the following classes of food handlers, according to their principal mode of
9.34business.
10.1 (a) Retail food handlers are persons who sell or process and sell food directly to the
10.2ultimate consumer or who custom process meat or poultry. The term includes a person
10.3who sells food directly to the ultimate consumer through the use of
10.4machines, and a person who sells food for consumption on-site or off-site if the sale is
10.5conducted on the premises that are part of a grocery or convenience store operation.
10.6 (b) Wholesale food handlers are persons who sell to others for resale. A person who
10.7handles food in job lots (jobbers) is included in this classification.
10.8 (c) Wholesale food processors or manufacturers are persons who process or
10.9manufacture raw materials and other food ingredients into food items, or who reprocess
10.10food items, or who package food for sale to others for resale, or who commercially
10.11slaughter animals or poultry. Included herein are persons who can, extract, ferment,
10.12distill, pickle, bake, freeze, dry, smoke, grind, mix, stuff, pack, bottle, recondition, or
10.13otherwise treat or preserve food for sale to others for resale, cold storage warehouse
10.14operators as defined in section
10.15section
10.16nonresident manufacturers of frozen foods as described in section
10.17 (d) A food broker is a person who buys and sells food and who negotiates between
10.18a buyer and a seller of food, but who at no time has custody of the food being bought
10.19and sold.
10.20 Sec. 12. Minnesota Statutes 2006, section 28A.08, is amended to read:
10.2128A.08 LICENSE FEES; PENALTIES.
10.22 Subdivision 1. General. License fees, penalties for late renewal of licenses, and
10.23penalties for not obtaining a license before conducting business in food handling that are
10.24set in this section apply to the sections named except as provided under section
10.25Except as specified herein, bonds and assessments based on number of units operated or
10.26volume handled or processed which are provided for in said laws shall not be affected,
10.27nor shall any penalties for late payment of said assessments, nor shall inspection fees, be
10.28affected by this chapter. The penalties may be waived by the commissioner. Fees for all
10.29new licenses must be based on the anticipated future gross annual food sales. If a firm is
10.30found to be operating for multiple years without paying license fees, the state may collect
10.31the appropriate fees and penalties for each year of operation.
10.32 Subd. 3. Fees effective July 1, 2003.
15.30 Sec. 13. Minnesota Statutes 2006, section 28A.082, is amended by adding a
15.31subdivision to read:
16.1 Subd. 3. Disaster areas. If the governor declares a disaster in an area of the
16.2state, the commissioner of agriculture may waive the plan review fee and direct agency
16.3personnel to expedite the plan review process.
16.4 Sec. 14. Minnesota Statutes 2006, section 28A.09, subdivision 1, is amended to read:
16.5 Subdivision 1. Annual fee; exceptions. Every
16.6is subject to an annual state inspection fee of $25 for each nonexempt machine except
16.7nut vending machines which are subject to an annual state inspection fee of $10 for each
16.8machine, provided that:
16.9 (a) Food vending machines may be inspected by either a home rule charter or
16.10statutory city, or a county, but not both, and if inspected by a home rule charter or statutory
16.11city, or a county they shall not be subject to the state inspection fee, but the home rule
16.12charter or statutory city, or the county may impose an inspection or license fee of no more
16.13than the state inspection fee. A home rule charter or statutory city or county that does
16.14not inspect food vending machines shall not impose a food vending machine inspection
16.15or license fee.
16.16 (b) Vending machines dispensing only gum balls, hard candy, unsorted candy, or ice
16.17manufactured and packaged by another
16.18by a cashier, are exempt from the state inspection fee, but may be inspected by the state. A
16.19home rule charter or statutory city may impose by ordinance an inspection or license fee
16.20of no more than the state inspection fee for nonexempt machines on the vending machines
16.21and water dispensing machines described in this paragraph. A county may impose
16.22by ordinance an inspection or license fee of no more than the state inspection fee for
16.23nonexempt machines on the vending machines and water dispensing machines described
16.24in this paragraph which are not located in a home rule charter or statutory city.
16.25 (c) Vending machines dispensing only bottled or canned soft drinks are exempt from
16.26the state, home rule charter or statutory city, and county inspection fees, but may be
16.27inspected by the commissioner or the commissioner's designee.
16.28 Sec. 15. Minnesota Statutes 2006, section 29.23, is amended to read:
16.2929.23 GRADING.
16.30 Subdivision 1. Grades, weight classes and standards for quality. All eggs
16.31purchased on the basis of grade by the first licensed buyer shall be graded in accordance
16.32with grade and weight classes established by the commissioner. The commissioner shall
16.33establish, by rule, and from time to time, may amend or revise, grades, weight classes,
16.34and standards for quality. When grades, weight classes, and standards for quality have
17.1been fixed by the secretary of the Department of Agriculture of the United States, they
17.2
17.3eggs in interstate and intrastate commerce.
17.4 Subd. 2. Equipment. The commissioner shall also by rule provide for minimum
17.5plant and equipment requirements for candling, grading, handling and storing eggs, and
17.6shall define candling. Equipment in use by a wholesale food handler before July 1, 1991,
17.7that does not meet the design and fabrication requirements of this chapter may remain in
17.8use if it is in good repair, capable of being maintained in a sanitary condition, and capable
17.9of maintaining a temperature of 45 degrees Fahrenheit (7 degrees Celsius) or less.
17.10 Subd. 3. Egg temperature. Eggs must be held at a temperature not to exceed 45
17.11degrees Fahrenheit (7 degrees Celsius) after being received by the egg handler except for
17.12cleaning, sanitizing, grading, and further processing when they must immediately be
17.13placed under refrigeration that is maintained at 45 degrees Fahrenheit (7 degrees Celsius)
17.14or below. Eggs offered for
17.15not to exceed
17.16August 1, 1991, is not subject to this requirement. Shell eggs that have been frozen must
17.17not be offered for sale except as approved by the commissioner.
17.18 Subd. 4. Vehicle temperature. A vehicle used
17.19shell eggs from a warehouse, retail store, candling and grading facility, or egg holding
17.20facility must have an ambient air temperature of 45 degrees Fahrenheit (7 degrees Celsius)
17.21or below.
17.22 Sec. 16. Minnesota Statutes 2006, section 31.05, is amended to read:
17.2331.05 EMBARGOES AND CONDEMNATIONS.
17.24 Subdivision 1. Definitions. As used in this section, "animals" means cattle; swine;
17.25sheep; goats; poultry; farmed cervidae, as defined in section 35.153, subdivision 3;
17.26llamas, as defined in section 17.455, subdivision 2; ratitae, as defined in section 17.453,
17.27subdivision 3; equines; and other large domesticated animals.
17.28 Subd. 1a. Tag or notice. A duly authorized agent of the commissioner who finds or
17.29has probable cause to believe that any food, animal, or consumer commodity is adulterated
17.30or so misbranded as to be dangerous or fraudulent, or is in violation of section
17.31shall affix to such article or animal a tag or other appropriate marking giving notice that
17.32such article or animal is, or is suspected of being, adulterated or misbranded and has
17.33been detained or embargoed, and warning all persons not to remove or dispose of such
17.34article or animal by sale or otherwise until permission for removal or disposal is given by
18.1such agent or the court. It shall be unlawful for any person to remove or dispose of such
18.2detained or embargoed article or animal by sale or otherwise without such permission.
18.3 Subd. 2. Action for condemnation. When an article or animal detained or
18.4embargoed under subdivision 1 has been found by such agent to be adulterated, or
18.5misbranded, the agent shall petition the district court in the county in which the article or
18.6animal is detained or embargoed for an order and decree for the condemnation of such
18.7article or animal. Any such agent who has found that an article or animal so detained or
18.8embargoed is not adulterated or misbranded, shall remove the tag or other marking.
18.9 Subd. 3. Remedies. If the court finds that a detained or embargoed article or animal
18.10is adulterated or misbranded, such article or animal shall, after entry of the decree, be
18.11destroyed at the expense of the claimant thereof, under the supervision of such agent, and
18.12all court costs and fees, and storage and other proper expenses, shall be taxed against
18.13the claimant of such article or animal or the claimant's agent; provided, that when the
18.14adulteration or misbranding can be corrected by proper labeling or processing of the article
18.15or animal, the court, after entry of the decree and after such costs, fees, and expenses have
18.16been paid and a good and sufficient bond, conditioned that such article or animal shall be
18.17so labeled or processed, has been executed, may by order direct that such article or animal
18.18be delivered to claimant thereof for such labeling or processing under the supervision of
18.19an agent of the commissioner. The expense of such supervision shall be paid by claimant.
18.20The article or animal shall be returned to the claimant and the bond shall be discharged on
18.21the representation to the court by the commissioner that the article or animal is no longer
18.22in violation and that the expenses of such supervision have been paid.
18.23 Subd. 4. Duties of commissioner. Whenever the commissioner or any of the
18.24commissioner's authorized agents shall find in any room, building, vehicle of transportation
18.25or other structure, any meat, seafood, poultry, vegetable, fruit, or other perishable articles
18.26of food which are unsound, or contain any filthy, decomposed, or putrid substance, or that
18.27may be poisonous or deleterious to health or otherwise unsafe, the same being hereby
18.28declared to be a nuisance, the commissioner, or the commissioner's authorized agent, shall
18.29forthwith condemn or destroy the same, or in any other manner render the same unsalable
18.30as human food, and no one shall have any cause of action against the commissioner or the
18.31commissioner's authorized agent on account of such action.
18.32 Subd. 5. Emergency response. In the event of an emergency declared by the
18.33governor's order under section
18.34believe that
18.35to be adulterated because of the emergency or so misbranded as to be dangerous or
19.1fraudulent, or is in violation of section
19.2embargo a geographic area that is included in the declared emergency. The commissioner
19.3shall provide notice to the public and to those with custody of the product in as thorough a
19.4manner as is practical under the emergency circumstances.
19.5 Sec. 17. Minnesota Statutes 2006, section 31.171, is amended to read:
19.631.171 EMPLOYMENT OF DISEASED PERSON.
19.7 It shall be unlawful for any person to work in or about any place where any fruit
19.8or any food products are manufactured, packed, stored, deposited, collected, prepared,
19.9produced or sold, whose condition is such that disease may be spread to associates direct,
19.10or through the medium of milk, cream, butter, other food or food products, likely to be
19.11eaten without being cooked after handling, whether such condition be due to a contagious
19.12or infectious
19.13disease germs, whether accompanied by, or without, any symptoms of the disease itself.
19.14 It shall be the duty of the commissioner, or the commissioner's assistant, inspector, or
19.15agent, to report to the state commissioner of health for investigation, any person suspected
19.16to be dangerous to the public health, as provided for in this section, and immediately to
19.17exclude such person from such employment pending investigation and during the period
19.18of infectiousness, if such person is certified by the state commissioner of health, or an
19.19authorized agent, to be dangerous to the public health.
19.20 Sec. 18. Minnesota Statutes 2007 Supplement, section 31.175, is amended to read:
19.2131.175 WATER, PLUMBING, AND SEWAGE.
19.22 A person who is required by statutes administered by the Department of Agriculture,
19.23or by rules adopted pursuant to those statutes, to provide a suitable water supply,
19.24or plumbing or sewage disposal system
19.25manufacturing, processing, selling, handling, or storing food at wholesale or retail
19.26unless the person's water supply is satisfactory
19.27adopted by the Department of Health, the person's plumbing is satisfactory pursuant to
19.28rules adopted by the Department of Labor and Industry, and the person's sewage disposal
19.29system satisfies the rules of the Pollution Control Agency.
19.30 Sec. 19. [32.416] SOMATIC CELL COUNT, GOAT MILK.
19.31 Notwithstanding any federal standard incorporated by reference in this chapter, the
19.32maximum allowable somatic cell count for raw goat milk is 1,500,000 cells per milliliter.
19.33 Sec. 20. Minnesota Statutes 2006, section 41A.09, subdivision 3a, is amended to read:
20.1 Subd. 3a. Ethanol producer payments. (a) The commissioner shall make cash
20.2payments to producers of ethanol located in the state that have begun production at a
20.3specific location by June 30, 2000. For the purpose of this subdivision, an entity that holds
20.4a controlling interest in more than one ethanol plant is considered a single producer.
20.5The amount of the payment for each producer's annual production, except as provided
20.6in paragraph (c), is 20 cents per gallon for each gallon of ethanol produced at a specific
20.7location on or before June 30, 2000, or ten years after the start of production, whichever is
20.8later. Annually, within 90 days of the end of its fiscal year, an ethanol producer receiving
20.9payments under this subdivision must file a disclosure statement on a form provided by
20.10the commissioner. The initial disclosure statement must include a summary description
20.11of the organization of the business structure of the claimant, a listing of the percentages
20.12of ownership by any person or other entity with an ownership interest of five percent or
20.13greater, and a copy of its annual audited financial statements, including the auditor's report
20.14and footnotes. The disclosure statement must include information demonstrating what
20.15percentage of the entity receiving payments under this section is owned by farmers or
20.16other entities eligible to farm or own agricultural land in Minnesota under the provisions
20.17of section
20.18ownership of ten percent or more of the entity. The report need not disclose the identity of
20.19the persons or entities eligible to farm or own agricultural land with ownership interests,
20.20individuals residing within 30 miles of the plant, or of any other entity with less than
20.21ten percent ownership interest, but the claimant must retain information within its files
20.22confirming the accuracy of the data provided. This data must be made available to the
20.23commissioner upon request. Not later than the 15th day of February in each year the
20.24commissioner shall deliver to the chairs of the standing committees of the senate and the
20.25house of representatives that deal with agricultural policy and agricultural finance issues
20.26an annual report summarizing aggregated data from plants receiving payments under this
20.27section during the preceding calendar year. Audited financial statements and notes and
20.28disclosure statements submitted to the commissioner are nonpublic data under section
20.30data, summaries of the submitted audited financial reports and notes and disclosure
20.31statements will be contained in the report to the committee chairs and will be public data.
20.32 (b) No payments shall be made for ethanol production that occurs after June 30,
20.332010. A producer of ethanol shall not transfer the producer's eligibility for payments
20.34under this section to an ethanol plant at a different location.
20.35 (c) If the level of production at an ethanol plant increases due to an increase in the
20.36production capacity of the plant, the payment under paragraph (a) applies to the additional
21.1increment of production until ten years after the increased production began. Once a
21.2plant's production capacity reaches 15,000,000 gallons per year, no additional increment
21.3will qualify for the payment.
21.4 (d) Total payments under paragraphs (a) and (c) to a producer in a fiscal year may
21.5not exceed $3,000,000.
21.6 (e) By the last day of October, January, April, and July, each producer shall file a
21.7claim for payment for ethanol production during the preceding three calendar months.
21.8A producer that files a claim under this subdivision shall include a statement of the
21.9producer's total ethanol production in Minnesota during the quarter covered by the claim.
21.10For each claim and statement of total ethanol production filed under this subdivision,
21.11the volume of ethanol production must be examined by an independent certified public
21.12accountant in accordance with standards established by the American Institute of Certified
21.13Public Accountants.
21.14 (f) Payments shall be made November 15, February 15, May 15, and August 15. A
21.15separate payment shall be made for each claim filed. Except as provided in paragraph (g),
21.16the total quarterly payment to a producer under this paragraph may not exceed $750,000.
21.17 (g) Notwithstanding the quarterly payment limits of paragraph (f), the commissioner
21.18shall make an additional payment in the fourth quarter of each fiscal year to ethanol
21.19producers for the lesser of: (1) 20 cents per gallon of production in the fourth quarter of the
21.20year that is greater than 3,750,000 gallons; or (2) the total amount of payments lost during
21.21the first three quarters of the fiscal year due to plant outages, repair, or major maintenance.
21.22Total payments to an ethanol producer in a fiscal year, including any payment under this
21.23paragraph, must not exceed the total amount the producer is eligible to receive based on
21.24the producer's approved production capacity. The provisions of this paragraph apply only
21.25to production losses that occur in quarters beginning after December 31, 1999.
21.26 (h) The commissioner shall reimburse ethanol producers for any deficiency in
21.27payments during earlier quarters if the deficiency occurred because of unallotment or
21.28because appropriated money was insufficient to make timely payments in the full amount
21.29provided in paragraph (a). Notwithstanding the quarterly or annual payment limitations in
21.30this subdivision, the commissioner shall begin making payments for earlier deficiencies in
21.31each fiscal year that appropriations for ethanol payments exceed the amount required to
21.32make eligible scheduled payments. Payments for earlier deficiencies must continue until
21.33the deficiencies for each producer are paid in full, except the commissioner shall not make
21.34a deficiency payment to an entity that no longer produces ethanol on a commercial scale
21.35at the location for which the entity qualified for producer payments, or to an assignee of
21.36the entity.
22.1 (i) The commissioner may make direct payments to producers of rural economic
22.2infrastructure with any amount of the annual appropriation for ethanol producer payments
22.3and rural economic infrastructure that is in excess of the amount required to make
22.4scheduled ethanol producer payments and deficiency payments under paragraphs (a) to (h).
22.5 Sec. 21. Minnesota Statutes 2007 Supplement, section 41A.105, is amended to read:
22.641A.105 NEXTGEN ENERGY.
22.7 Subdivision 1. Purpose. It is the goal of the state through the Department of
22.8Agriculture to research and develop energy sources to displace fossil fuels with renewable
22.9technology.
22.10 Subd. 2. NextGen Energy Board. There is created a NextGen Energy Board
22.11consisting of the commissioners of agriculture, commerce, natural resources, the Pollution
22.12Control Agency, and employment and economic development; the chairs of the house and
22.13senate committees with jurisdiction over energy finance; the chairs of the house and senate
22.14committees with jurisdiction over agriculture finance; one member of the second largest
22.15political party in the house, as appointed by the chairs of the house committees with
22.16jurisdiction over agriculture finance and energy finance; one member of the second largest
22.17political party in the senate, as appointed by the chairs of the senate committees with
22.18jurisdiction over agriculture finance and energy finance; and the executive director of the
22.19Agricultural Utilization Research Institute. In addition, the governor shall appoint
22.20eight members: two representing statewide agriculture organizations; two representing
22.21statewide environment and natural resource conservation organizations; one representing
22.22the University of Minnesota; one representing the Minnesota Institute for Sustainable
22.23Agriculture;
22.24and one representing the forest products industry.
22.25 Subd. 3. Duties. The board shall research and report to the commissioner of
22.26agriculture and to the legislature recommendations as to how the state can invest its
22.27resources to most efficiently achieve energy independence, agricultural and natural
22.28resources sustainability, and rural economic vitality. The board shall:
22.29 (1) examine the future of fuels, such as synthetic gases, biobutanol, hydrogen,
22.30methanol, biodiesel, and ethanol within Minnesota;
22.31 (2) develop equity grant programs to assist locally owned facilities;
22.32 (3) study the proper role of the state in creating financing and investing and
22.33providing incentives;
23.1 (4) evaluate how state and federal programs, including the Farm Bill, can best work
23.2together and leverage resources;
23.3 (5) work with other entities and committees to develop a clean energy program; and
23.4 (6) report to the legislature before February 1 each year with recommendations as
23.5to appropriations and results of past actions and projects.
23.6 Subd. 4. Commissioner's duties. The commissioner of agriculture shall administer
23.7this section.
23.8 Subd. 5. Expiration. This section expires June 30,
23.9 Sec. 22. Minnesota Statutes 2006, section 41D.01, subdivision 4, is amended to read:
23.10 Subd. 4. Expiration. This section expires on June 30,
23.11EFFECTIVE DATE.This section is effective the day following final enactment.
23.12 Sec. 23. Minnesota Statutes 2006, section 97A.028, subdivision 3, is amended to read:
23.13 Subd. 3. Emergency deterrent materials assistance. (a) For the purposes of this
23.14subdivision, "cooperative damage management agreement" means an agreement between
23.15a landowner or tenant and the commissioner that establishes a program for addressing the
23.16problem of destruction of the landowner's or tenant's specialty crops or stored forage crops
23.17by wild animals, or destruction of agricultural crops by flightless Canada geese.
23.18 (b) A landowner or tenant may apply to the commissioner for emergency deterrent
23.19materials assistance in controlling destruction of the landowner's or tenant's specialty
23.20crops or stored forage crops by wild animals, or destruction of agricultural crops by
23.21flightless Canada geese. Subject to the availability of money appropriated for this purpose,
23.22the commissioner shall provide suitable deterrent materials when the commissioner
23.23determines that:
23.24 (1) immediate action is necessary to prevent significant damage from continuing
23.25
23.26 (2) a cooperative damage management agreement cannot be implemented
23.27immediately.
23.28 (c) A person may receive emergency deterrent materials assistance under this
23.29subdivision more than once, but the cumulative total value of deterrent materials provided
23.30to a person, or for use on a parcel, may not exceed $3,000 for specialty crops,
23.31
23.32
23.33
24.1flightless Canada geese. If a person is a co-owner or cotenant with respect to the specialty
24.2crops for which the deterrent materials are provided, the deterrent materials are deemed to
24.3be "provided" to the person for the purposes of this paragraph.
24.4 (d) As a condition of receiving emergency deterrent materials assistance under this
24.5subdivision, a landowner or tenant shall enter into a cooperative damage management
24.6agreement with the commissioner. Deterrent materials provided by the commissioner may
24.7include repellents, fencing materials, or other materials recommended in the agreement
24.8to alleviate the damage problem. If requested by a landowner or tenant, any fencing
24.9materials provided must be capable of providing long-term protection of specialty crops.
24.10A landowner or tenant who receives emergency deterrent materials assistance under
24.11this subdivision shall comply with the terms of the cooperative damage management
24.12agreement.
24.13 Sec. 24. Minnesota Statutes 2006, section 148.01, subdivision 1, is amended to read:
24.14 Subdivision 1. Definitions. For the purposes of sections
24.15 (1) "chiropractic" is defined as the science of adjusting any abnormal articulations of
24.16the human body, especially those of the spinal column, for the purpose of giving freedom
24.17of action to impinged nerves that may cause pain or deranged function; and
24.18 (2) "animal chiropractic diagnosis and treatment" means treatment that includes
24.19identifying and resolving vertebral subluxation complexes, spinal manipulation, and
24.20manipulation of the extremity articulations of nonhuman vertebrates. Animal chiropractic
24.21diagnosis and treatment does not include:
24.22 (i) performing surgery;
24.23 (ii) dispensing or administering of medications; or
24.24 (iii) performing traditional veterinary care and diagnosis.
24.25EFFECTIVE DATE.This section is effective the day following final enactment.
24.26 Sec. 25. Minnesota Statutes 2006, section 148.01, is amended by adding a subdivision
24.27to read:
24.28 Subd. 1a. Animal chiropractic practice. A licensed chiropractor may engage in
24.29the practice of animal chiropractic diagnosis and treatment if registered to do so by the
24.30board, and the animal has been referred to the chiropractor by a veterinarian.
24.31EFFECTIVE DATE.This section is effective the day following final enactment.
24.32 Sec. 26. Minnesota Statutes 2006, section 148.01, is amended by adding a subdivision
24.33to read:
25.1 Subd. 1b. Scope of practice; animal chiropractic. Criteria for registration
25.2to engage in the practice of animal chiropractic diagnosis and treatment must be set
25.3by the board, and must include, but are not limited to: active chiropractic license;
25.4education and training in the field of animal chiropractic from an American Veterinary
25.5Chiropractic Association, International Veterinary Chiropractic Association, or higher
25.6institution-approved course consisting of no less than 210 hours, meeting continuing
25.7education requirements; and other conditions and rules set by the board. The board
25.8shall consult with the State Board of Veterinary Medicine in preparing proposed rules
25.9on animal chiropractic.
25.10EFFECTIVE DATE.This section is effective the day following final enactment.
25.11 Sec. 27. Minnesota Statutes 2006, section 148.01, is amended by adding a subdivision
25.12to read:
25.13 Subd. 1c. Titles. Notwithstanding the limitations established in section 156.12,
25.14subdivision 4, a doctor of chiropractic properly registered to provide chiropractic care to
25.15animals in accordance with this chapter and rules of the board may use the title "animal
25.16chiropractor."
25.17EFFECTIVE DATE.This section is effective the day following final enactment.
25.18 Sec. 28. Minnesota Statutes 2006, section 148.01, is amended by adding a subdivision
25.19to read:
25.20 Subd. 1d. Provisional interim statute. Upon approval by the board, a licensed
25.21chiropractor who has already taken and passed the education and training requirement
25.22set forth in subdivision 1b may engage in the practice of animal chiropractic during the
25.23time that the rules are being promulgated by the board. Enforcement actions may not
25.24be taken against persons who have completed the approved program of study by the
25.25American Veterinary Chiropractic Association or the International Veterinary Chiropractic
25.26Association until the rules have been adopted by the board.
25.27EFFECTIVE DATE.This section is effective the day following final enactment.
25.28 Sec. 29. [148.032] EDUCATIONAL CRITERIA FOR LICENSURE IN ANIMAL
25.29CHIROPRACTIC DIAGNOSIS AND TREATMENT; RECORDS; TREATMENT
25.30NOTES.
26.1 (a) The following educational criteria must be applied to any licensed chiropractor
26.2who requests registration in animal chiropractic diagnosis and treatment. The criteria must
26.3include education and training in the following subjects:
26.4 (1) anatomy;
26.5 (2) anatomy laboratory;
26.6 (3) biomechanics and gait;
26.7 (4) chiropractic educational basics;
26.8 (5) animal chiropractic diversified adjusting technique, including:
26.9 (i) lecture cervical;
26.10 (ii) thoracic;
26.11 (iii) lumbosacral;
26.12 (iv) pelvic; and
26.13 (v) extremity;
26.14 (6) animal chiropractic diversified adjusting technique, including:
26.15 (i) laboratory cervical;
26.16 (ii) thoracic;
26.17 (iii) lumbosacral;
26.18 (iv) pelvic; and
26.19 (v) extremity;
26.20 (7) case management and case studies;
26.21 (8) chiropractic philosophy;
26.22 (9) ethics and legalities;
26.23 (10) neurology, neuroanatomy, and neurological conditions;
26.24 (11) pathology;
26.25 (12) radiology;
26.26 (13) research in current chiropractic and veterinary topics;
26.27 (14) rehabilitation, current topics, evaluation, and assessment;
26.28 (15) normal foot anatomy and normal foot care;
26.29 (16) saddle fit and evaluation, lecture, and laboratory;
26.30 (17) veterinary educational basics;
26.31 (18) vertebral subluxation complex; and
26.32 (19) zoonotic diseases.
26.33 (b) A licensed chiropractor requesting registration in animal chiropractic diagnosis
26.34and treatment must have completed and passed a course of study from an American
26.35Veterinary Chiropractic Association, International Veterinary Chiropractic Association, or
27.1higher institution-approved program, consisting of no less than 210 hours of education
27.2and training as set forth in paragraph (a).
27.3 (c) A licensed chiropractor engaged in the practice of animal chiropractic diagnosis
27.4and treatment must maintain complete and accurate records and patient files in the
27.5chiropractor's office for at least three years.
27.6 (d) A licensed chiropractor engaged in the practice of animal chiropractic diagnosis
27.7and treatment must make treatment notes and records available to the patient's owner
27.8upon request and must communicate their findings and treatment plan with the referring
27.9veterinarian if requested by the patient's owner.
27.10 (e) A licensed chiropractor who treats both animal and human patients in the same
27.11facility must post a conspicuous sign in the reception area of that facility informing
27.12customers that nonhuman patients are treated on the premises.
27.13EFFECTIVE DATE.This section is effective the day following final enactment.
27.14 Sec. 30. [148.033] ANIMAL CHIROPRACTIC CONTINUING EDUCATION
27.15HOURS.
27.16 Any chiropractor engaged in the practice of animal chiropractic diagnosis and
27.17treatment applying for renewal of a registration related to animal chiropractic diagnosis
27.18and treatment must have completed a minimum of six hours annually of continuing
27.19education in animal chiropractic diagnosis and treatment, in addition to the required 20
27.20hours annually of continuing education in human chiropractic under this chapter. The
27.21continuing education course attended for purposes of complying with this section must be
27.22approved by the board prior to attendance by the chiropractor.
27.23EFFECTIVE DATE.This section is effective the day following final enactment.
27.24 Sec. 31. [148.035] SEPARATE TREATMENT ROOM REQUIRED.
27.25 A licensed chiropractor who provides animal chiropractic treatment in the same
27.26facility where human patients are treated, shall maintain a separate noncarpeted room for
27.27the purpose of adjusting animals. The table and equipment used for animals shall not be
27.28used for human patients.
27.29EFFECTIVE DATE.This section is effective the day following final enactment.
27.30 Sec. 32. Minnesota Statutes 2006, section 156.001, is amended by adding a subdivision
27.31to read:
27.32 Subd. 10a. Program for the Assessment of Veterinary Education Equivalence;
27.33PAVE certificate. A "Program for the Assessment of Veterinary Education Equivalence"
28.1or "PAVE" certificate is issued by the American Association of Veterinary State Boards,
28.2indicating that the holder has demonstrated knowledge and skill equivalent to that
28.3possessed by a graduate of an accredited or approved college of veterinary medicine.
28.4 Sec. 33. Minnesota Statutes 2006, section 156.02, subdivision 1, is amended to read:
28.5 Subdivision 1. License application. Application for a license to practice veterinary
28.6medicine in this state shall be made in writing to the Board of Veterinary Medicine upon a
28.7form furnished by the board, accompanied by satisfactory evidence that the applicant is at
28.8least 18 years of age, is of good moral character, and has one of the following:
28.9 (1) a diploma conferring the degree of doctor of veterinary medicine, or an
28.10equivalent degree, from an accredited or approved college of veterinary medicine;
28.11 (2) an ECFVG or PAVE certificate; or
28.12 (3) a certificate from the dean of an accredited or approved college of veterinary
28.13medicine stating that the applicant is a student in good standing expecting to be graduated
28.14at the completion of the current academic year of the college in which the applicant is
28.15enrolled.
28.16 The application shall contain the information and material required by subdivision
28.172 and any other information that the board may, in its sound judgment, require. The
28.18application shall be filed with the board at least 60 days before the date of the examination.
28.19If the board deems it advisable, it may require that such application be verified by the
28.20oath of the applicant.
28.21 Sec. 34. Minnesota Statutes 2006, section 156.02, subdivision 2, is amended to read:
28.22 Subd. 2. Required with application. Every application shall contain the following
28.23information and material:
28.24 (1) the application fee set by the board in the form of a check or money order payable
28.25to the board, which fee is not returnable in the event permission to take the examination
28.26is denied for good cause;
28.27 (2) a copy of a diploma from an accredited or approved college of veterinary
28.28medicine or a certificate from the dean or secretary of an accredited or approved college of
28.29veterinary medicine showing the time spent in the school and the date when the applicant
28.30was duly and regularly graduated or will duly and regularly graduate or verification of
28.31ECFVG or PAVE certification;
28.32 (3) affidavits of at least two veterinarians and three adults who are not related to
28.33the applicant setting forth how long a time, when, and under what circumstances they
29.1have known the applicant, and any other facts as may be proper to enable the board to
29.2determine the qualifications of the applicant; and
29.3 (4) if the applicant has served in the armed forces, a copy of discharge papers.
29.4 Sec. 35. Minnesota Statutes 2006, section 156.04, is amended to read:
29.5156.04 BOARD TO ISSUE LICENSE.
29.6 The Board of Veterinary Medicine shall issue to every applicant who has successfully
29.7passed the required examination, who has received a diploma conferring the degree of
29.8doctor of veterinary medicine or an equivalent degree from an accredited or approved
29.9college of veterinary medicine or an ECFVG or PAVE certificate, and who shall have been
29.10adjudged to be duly qualified to practice veterinary medicine, a license to practice.
29.11 Sec. 36. Minnesota Statutes 2006, section 156.072, subdivision 2, is amended to read:
29.12 Subd. 2. Required with application. Such doctor of veterinary medicine shall
29.13accompany the application by the following:
29.14 (1) a copy of a diploma from an accredited or approved college of veterinary
29.15medicine or certification from the dean, registrar, or secretary of an accredited or approved
29.16college of veterinary medicine attesting to the applicant's graduation from an accredited
29.17or approved college of veterinary medicine, or a certificate of satisfactory completion of
29.18the ECFVG or PAVE program.
29.19 (2) affidavits of two licensed practicing doctors of veterinary medicine residing in
29.20the United States or Canadian licensing jurisdiction in which the applicant is currently
29.21practicing, attesting that they are well acquainted with the applicant, that the applicant is a
29.22person of good moral character, and has been actively engaged in practicing or teaching in
29.23such jurisdiction for the period above prescribed;
29.24 (3) a certificate from the regulatory agency having jurisdiction over the conduct of
29.25practice of veterinary medicine that such applicant is in good standing and is not the
29.26subject of disciplinary action or pending disciplinary action;
29.27 (4) a certificate from all other jurisdictions in which the applicant holds a currently
29.28active license or held a license within the past ten years, stating that the applicant is and
29.29was in good standing and has not been subject to disciplinary action;
29.30 (5) in lieu of clauses (3) and (4), certification from the Veterinary Information
29.31Verification Agency that the applicant's licensure is in good standing;
29.32 (6) a fee as set by the board in form of check or money order payable to the board,
29.33no part of which shall be refunded should the application be denied;
30.1 (7) score reports on previously taken national examinations in veterinary medicine,
30.2certified by the Veterinary Information Verification Agency; and
30.3 (8) if requesting waiver of examination, provide evidence of meeting licensure
30.4requirements in the state of the applicant's original licensure that were substantially equal
30.5to the requirements for licensure in Minnesota in existence at that time.
30.6 Sec. 37. Minnesota Statutes 2006, section 156.073, is amended to read:
30.7156.073 TEMPORARY PERMIT.
30.8 The board may issue without examination a temporary permit to practice veterinary
30.9medicine in this state to a person who has submitted an application approved by the
30.10board for license pending examination, and holds a doctor of veterinary medicine degree
30.11or an equivalent degree from an approved or accredited college of veterinary medicine
30.12or an ECFVG or PAVE certification. The temporary permit shall expire the day after
30.13publication of the notice of results of the first examination given after the permit is
30.14issued. No temporary permit may be issued to any applicant who has previously failed
30.15the national examination and is currently not licensed in any licensing jurisdiction of the
30.16United States or Canada or to any person whose license has been revoked or suspended
30.17or who is currently subject to a disciplinary order in any licensing jurisdiction of the
30.18United States or Canada.
30.19 Sec. 38. Minnesota Statutes 2006, section 156.12, subdivision 2, is amended to read:
30.20 Subd. 2. Authorized activities. No provision of this chapter shall be construed to
30.21prohibit:
30.22 (a) a person from rendering necessary gratuitous assistance in the treatment of any
30.23animal when the assistance does not amount to prescribing, testing for, or diagnosing,
30.24operating, or vaccinating and when the attendance of a licensed veterinarian cannot be
30.25procured;
30.26 (b) a person who is a regular student in an accredited or approved college of
30.27veterinary medicine from performing duties or actions assigned by instructors or
30.28preceptors or working under the direct supervision of a licensed veterinarian;
30.29 (c) a veterinarian regularly licensed in another jurisdiction from consulting with a
30.30licensed veterinarian in this state;
30.31 (d) the owner of an animal and the owner's regular employee from caring for and
30.32administering to the animal belonging to the owner, except where the ownership of the
30.33animal was transferred for purposes of circumventing this chapter;
31.1 (e) veterinarians who are in compliance with subdivision 6 and who are employed by
31.2the University of Minnesota from performing their duties with the College of Veterinary
31.3Medicine, College of Agriculture, Agricultural Experiment Station, Agricultural Extension
31.4Service, Medical School, School of Public Health, or other unit within the university; or
31.5a person from lecturing or giving instructions or demonstrations at the university or in
31.6connection with a continuing education course or seminar to veterinarians or pathologists
31.7at the University of Minnesota Veterinary Diagnostic Laboratory;
31.8 (f) any person from selling or applying any pesticide, insecticide or herbicide;
31.9 (g) any person from engaging in bona fide scientific research or investigations which
31.10reasonably requires experimentation involving animals;
31.11 (h) any employee of a licensed veterinarian from performing duties other than
31.12diagnosis, prescription or surgical correction under the direction and supervision of the
31.13veterinarian, who shall be responsible for the performance of the employee;
31.14 (i) a graduate of a foreign college of veterinary medicine from working under the
31.15direct personal instruction, control, or supervision of a veterinarian faculty member of
31.16the College of Veterinary Medicine, University of Minnesota in order to complete the
31.17requirements necessary to obtain an ECFVG or PAVE certificate
31.18 (j) a licensed chiropractor registered under section 148.01, subdivision 1a, from
31.19practicing animal chiropractic.
31.20 Sec. 39. Minnesota Statutes 2006, section 156.12, subdivision 4, is amended to read:
31.21 Subd. 4. Titles. It is unlawful for a person who has not received a professional
31.22degree from an accredited or approved college of veterinary medicine, or ECFVG or PAVE
31.23certification, to use any of the following titles or designations: Veterinary, veterinarian,
31.24animal doctor, animal surgeon, animal dentist, animal chiropractor, animal acupuncturist,
31.25or any other title, designation, word, letter, abbreviation, sign, card, or device tending to
31.26indicate that the person is qualified to practice veterinary medicine.
31.27 Sec. 40. Minnesota Statutes 2006, section 156.12, subdivision 6, is amended to read:
31.28 Subd. 6. Faculty licensure. (a) Veterinary Medical Center clinicians at the College
31.29of Veterinary Medicine, University of Minnesota, who are engaged in the practice of
31.30veterinary medicine as defined in subdivision 1 and who treat animals owned by clients of
31.31the Veterinary Medical Center must possess the same license required by other veterinary
31.32practitioners in the state of Minnesota except for persons covered by paragraphs (b) and (c).
31.33 (b) A specialty practitioner in a hard-to-fill faculty position who has been employed
31.34at the College of Veterinary Medicine, University of Minnesota, for five years or
32.1more prior to 2003 or is specialty board certified by the American Veterinary Medical
32.2Association or the European Board of Veterinary Specialization may be granted a specialty
32.3faculty Veterinary Medical Center clinician license which will allow the licensee to
32.4practice veterinary medicine in the state of Minnesota in the specialty area of the licensee's
32.5training and only within the scope of employment at the Veterinary Medical Center.
32.6 (c) A specialty practitioner in a hard-to-fill faculty position at the College of
32.7Veterinary Medicine, University of Minnesota, who has graduated from a board-approved
32.8foreign veterinary school may be granted a temporary faculty Veterinary Medical Center
32.9clinician license. The temporary faculty Veterinary Medical Center clinician license
32.10expires in two years and allows the licensee to practice veterinary medicine as defined
32.11in subdivision 1 and treat animals owned by clients of the Veterinary Medical Center.
32.12The temporary faculty Veterinary Medical Center clinician license allows the licensee to
32.13practice veterinary medicine in the state of Minnesota in the specialty area of the licensee's
32.14training and only within the scope of employment at the Veterinary Medical Center while
32.15under the direct supervision of a veterinarian currently licensed and actively practicing
32.16veterinary medicine in Minnesota, as defined in section 156.04. The direct supervising
32.17veterinarian must not have any current or past conditions, restrictions, or probationary
32.18status imposed on the veterinarian's license by the board within the past five years. The
32.19holder of a temporary faculty Veterinary Medical Center clinician license who is enrolled
32.20in a PhD program may apply for up to two additional consecutive two-year extensions
32.21of an expiring temporary faculty Veterinary Medical Center clinician license. Any other
32.22holder of a temporary faculty Veterinary Medical Center clinician license may apply for
32.23one two-year extension of the expiring temporary faculty Veterinary Medical Center
32.24clinician license. Temporary faculty Veterinary Medical Center clinician licenses that are
32.25allowed to expire may not be renewed. The board shall grant an extension to a licensee
32.26who demonstrates suitable progress toward completing the requirements of their academic
32.27program, specialty board certification, or full licensure in Minnesota by a graduate of a
32.28foreign veterinary college.
32.29 (d) Temporary and specialty faculty Veterinary Medical Center clinician licensees
32.30must abide by all the laws governing the practice of veterinary medicine in the state
32.31of Minnesota and are subject to the same disciplinary action as any other veterinarian
32.32licensed in the state of Minnesota.
32.33 (e) The fee for a license issued under this subdivision is the same as for a regular
32.34license to practice veterinary medicine in Minnesota. License payment deadlines, late
32.35payment fees, and other license requirements are also the same as for regular licenses.
33.1 Sec. 41. Minnesota Statutes 2006, section 156.15, subdivision 2, is amended to read:
33.2 Subd. 2. Service. Service of an order under this section is effective if the order is
33.3served on the person or counsel of record personally or by
33.4the most recent address provided to the board for the person or counsel of record.
33.5 Sec. 42. Minnesota Statutes 2006, section 156.16, subdivision 3, is amended to read:
33.6 Subd. 3. Dispensing. "Dispensing" means distribution of veterinary prescription
33.7drugs or over-the-counter drugs, human drugs for extra-label use, for extra-label use by a
33.8person licensed as a pharmacist by the Board of Pharmacy or a person licensed by the
33.9Board of Veterinary Medicine.
33.10 Sec. 43. Minnesota Statutes 2006, section 156.16, subdivision 10, is amended to read:
33.11 Subd. 10. Prescription. "Prescription" means an order from a veterinarian to a
33.12pharmacist or another veterinarian authorizing the dispensing of
33.13
33.14to a client for use on or in a patient.
33.15 Sec. 44. Minnesota Statutes 2006, section 156.18, subdivision 1, is amended to read:
33.16 Subdivision 1. Prescription. (a) A person may not dispense a veterinary
33.17prescription drug to a client without a prescription or other veterinary authorization. A
33.18person may not make extra-label use of an animal or human drug for an animal without a
33.19prescription from a veterinarian. A veterinarian or the veterinarian's authorized employee
33.20may dispense
33.21an over-the-counter drug for extra-label use by a client
33.22
33.23there is documentation of the prescription in the medical record and there is an existing
33.24veterinarian-client-patient relationship. The prescribing veterinarian must monitor the use
33.25of veterinary prescription drugs, human drugs for extra-label use, or over-the-counter
33.26drugs for extra-label use by a client.
33.27 (b) A veterinarian may dispense prescription veterinary drugs and prescribe and
33.28dispense extra-label use drugs to a client without personally examining the animal if
33.29a bona fide veterinarian-client-patient relationship exists and in the judgment of the
33.30veterinarian the client has sufficient knowledge to use the drugs properly.
33.31 (c) A veterinarian may issue a prescription or other veterinary authorization by oral or
33.32written communication to the dispenser, or by computer connection. If the communication
34.1is oral, the veterinarian must enter it into the patient's record. The dispenser must record
34.2the veterinarian's prescription or other veterinary authorization within 72 hours.
34.3 (d) A prescription or other veterinary authorization must include:
34.4 (1) the name, address, and, if written, the signature of the prescriber;
34.5 (2) the name and address of the client;
34.6 (3) identification of the species for which the drug is prescribed or ordered;
34.7 (4) the name, strength, and quantity of the drug;
34.8 (5) the date of issue;
34.9 (6) directions for use;
34.10 (7) withdrawal time
34.11 (8) expiration date of prescription; and
34.12 (9) number of authorized refills.
34.13 (e) A veterinarian may, in the course of professional practice and an existing
34.14veterinarian-client-patient relationship, prepare medicaments that combine drugs approved
34.15by the United States Food and Drug Administration and other legally obtained ingredients
34.16with appropriate vehicles.
34.17 (f) A veterinarian or a bona fide employee of a veterinarian may dispense veterinary
34.18prescription drugs to a person on the basis of a prescription issued by a licensed
34.19veterinarian. The provisions of paragraphs (c) and (d) apply.
34.20 (g) This section does not limit the authority of the Minnesota Racing Commission to
34.21regulate veterinarians providing services at a licensed racetrack.
34.22 Sec. 45. Minnesota Statutes 2006, section 156.18, subdivision 2, is amended to read:
34.23 Subd. 2. Label of dispensed veterinary drugs. (a) A veterinarian or the
34.24veterinarian's authorized agent or employee dispensing a veterinary prescription drug
34.25
34.26for extra-label use, or a human drug for extra-label use must provide written information
34.27which includes the name and address of the veterinarian, date of filling, species of patient,
34.28name or names of drug, strength of drug or drugs, directions for use, withdrawal time,
34.29and cautionary statements, if any, appropriate for the drug.
34.30 (b) If the veterinary drug has been prepared, mixed, formulated, or packaged by the
34.31dispenser, all of the information required in paragraph (a) must be provided on a label
34.32affixed to the container.
34.33 (c) If the veterinary drug is in the manufacturer's original package, the information
34.34required in paragraph (a) must be supplied in writing but need not be affixed to the
34.35container. Information required in paragraph (a) that is provided by the manufacturer on
35.1the original package does not need to be repeated in the separate written information.
35.2Written information required by this paragraph may be written on the sales invoice.
35.3 Sec. 46. Minnesota Statutes 2006, section 156.19, is amended to read:
35.4156.19 EXTRA-LABEL USE.
35.5 A person, other than a veterinarian or
35.6employee of a veterinarian, must not make extra-label use of a veterinary drug in or
35.7on a food-producing animal, unless permitted by the prescription of a veterinarian. A
35.8veterinarian may prescribe the extra-label use of a
35.9 (1) the veterinarian makes a careful medical diagnosis within the context of a valid
35.10veterinarian-client-patient relationship;
35.11 (2) the veterinarian determines that there is no marketed drug specifically labeled to
35.12treat the condition diagnosed, or that drug therapy as recommended by the labeling has, in
35.13the judgment of the attending veterinarian, been found to be clinically ineffective;
35.14 (3) the veterinarian recommends procedures to ensure that the identity of the treated
35.15animal will be carefully maintained;
35.16 (4) the veterinarian prescribes a significantly extended time period for drug
35.17withdrawal before marketing meat, milk, or eggs
35.18 (5) the veterinarian has met the criteria established in Code of Federal Regulations,
35.19title 21, part 530, which define the extra-label use of medication in or on animals.
35.20 Sec. 47. Minnesota Statutes 2006, section 239.051, subdivision 15, is amended to read:
35.21 Subd. 15. Ethanol blender. "Ethanol blender" means a person who blends and
35.22distributes, transports, sells, or offers to sell gasoline containing
35.23
35.24 Sec. 48. Minnesota Statutes 2007 Supplement, section 239.761, subdivision 4, is
35.25amended to read:
35.26 Subd. 4. Gasoline blended with ethanol; general. (a) Gasoline may be blended
35.27with
35.28with the requirements of subdivision 5.
35.29 (b) A gasoline-ethanol blend must:
35.30 (1) comply with the volatility requirements in Code of Federal Regulations, title
35.3140, part 80;
36.1 (2) comply with ASTM specification D4814-06, or the gasoline base stock from
36.2which a gasoline-ethanol blend was produced must comply with ASTM specification
36.3D4814-06; and
36.4 (3) not be blended with casinghead gasoline, absorption gasoline, condensation
36.5gasoline, drip gasoline, or natural gasoline after the gasoline-ethanol blend has been sold,
36.6transferred, or otherwise removed from a refinery or terminal.
36.7 Sec. 49. Minnesota Statutes 2007 Supplement, section 239.761, is amended by adding
36.8a subdivision to read:
36.9 Subd. 4a. Gasoline blended with ethanol; standard combustion engines.
36.10 Gasoline combined with ethanol for use in standard combustion engines may be blended
36.11with up to ten percent agriculturally derived, denatured ethanol, by volume, or any
36.12percentage specifically authorized in a waiver granted by the United States Environmental
36.13Protection Agency under section 211(f)(4) of the Clean Air Act, United States Code, title
36.1442, section 7545, subsection (f), paragraph (4). The gasoline-ethanol blend must comply
36.15with the general provisions in subdivision 4.
36.16 Sec. 50. Minnesota Statutes 2007 Supplement, section 239.761, is amended by adding
36.17a subdivision to read:
36.18 Subd. 4b. Gasoline blended with ethanol; alternative fuel vehicles. (a) Gasoline
36.19blended for use in an alternative fuel vehicle, as defined in section 296A.01, subdivision 5,
36.20may contain any percentage of agriculturally derived, denatured ethanol, by volume, not
36.21to exceed 85 percent. The gasoline-ethanol blend must comply with the general provisions
36.22in subdivision 4. The gasoline and ethanol may be blended by an ethanol blender or at the
36.23point of retail sale in an ethanol-blending fuel dispenser clearly labeled "FLEX-FUEL
36.24VEHICLES ONLY." If blended by an ethanol blender, the percentage of ethanol in the
36.25resulting gasoline-ethanol blend must be clearly identified.
36.26 (b) If a person responsible for the product utilizes an ethanol-blending fuel dispenser
36.27to dispense both gasoline blended with ethanol for use in alternative fuel vehicles and
36.28gasoline blended with ethanol for use in standard combustion engines, the person must
36.29ensure that the gasoline blended with ethanol for use in standard combustion engines is
36.30dispensed from a fuel-dispensing hose and nozzle or other conveyance dedicated solely
36.31to gasoline blended with ethanol for use in standard combustion engines and clearly
36.32labeled as such.
37.1 (c) A person responsible for the product who complies with the provisions in
37.2paragraph (b) is not responsible for a self-service fueling action taken by that person's
37.3retail fuel customer.
37.4 Sec. 51. Minnesota Statutes 2006, section 239.77, as amended by Laws 2007, chapter
37.562, sections 3 and 4, is amended to read:
37.6239.77 BIODIESEL CONTENT MANDATE.
37.7 Subdivision 1. Biodiesel fuel. "Biodiesel fuel" means a renewable, biodegradable,
37.8mono alkyl ester combustible liquid fuel that is derived from agricultural and other plant
37.9oils or animal fats and that meets American Society For Testing and Materials specification
37.10D6751-07 for Biodiesel Fuel (B100) Blend Stock for Distillate Fuels.
37.11 Biodiesel produced from palm oil is not biodiesel fuel for the purposes of this
37.12section, unless the palm oil is contained within waste oil and grease collected within the
37.13United States or Canada.
37.14 Subd. 2. Minimum content. (a) Except as otherwise provided in this section, all
37.15diesel fuel sold or offered for sale in Minnesota for use in internal combustion engines
37.16must contain at least
37.17on and after the following dates:
| 37.18 |
(1) |
September 29, 2005 |
2 percent |
| 37.19 |
(2) |
May 1, 2009 |
5 percent |
| 37.20 |
(3) |
May 1, 2012 |
10 percent |
| 37.21 |
(4) |
May 1, 2015 |
20 percent |
37.23April, May, June, July, August, September, and October only. The minimum content for
37.24the remainder of the year is five percent. However, if the commissioners of agriculture,
37.25commerce, and pollution control determine, after consultation with the biodiesel task
37.26force and other technical experts, that an American Society for Testing and Materials
37.27specification or equivalent federal standard exists for the specified biodiesel blend level in
37.28those clauses that adequately addresses technical issues associated with Minnesota's cold
37.29weather and publish a notice in the State Register to that effect, the commissioners may
37.30allow the specified biodiesel blend level in those clauses to be effective year-round.
37.31 (b) The minimum content levels in paragraph (a), clauses (3) and (4), become
37.32effective on the date specified only if the commissioners of agriculture, commerce, and
37.33pollution control publish notice in the State Register and provide written notice to the
38.1chairs of the house and senate committees with jurisdiction over agriculture, commerce,
38.2and transportation policy and finance, at least 270 days prior to the date of each scheduled
38.3increase, that all of the following conditions have been met and the state is prepared to
38.4move to the next scheduled minimum content level:
38.5 (1) an American Society for Testing and Materials specification or equivalent federal
38.6standard exists for the next minimum diesel-biodiesel blend;
38.7 (2) a sufficient supply of biodiesel is available and the amount of biodiesel produced
38.8in this state from feedstock with at least 75 percent that is produced in the United States
38.9and Canada is equal to at least 50 percent of anticipated demand at the next minimum
38.10content level;
38.11 (3) adequate blending infrastructure and regulatory protocol are in place in order to
38.12promote biodiesel quality and avoid any potential economic disruption; and
38.13 (4) at least five percent of the amount of biodiesel necessary for that minimum
38.14content level will be produced from a biological resource other than an agricultural
38.15resource traditionally grown or raised in the state, including, but not limited to, algae
38.16cultivated for biofuels production, waste oils, and tallow.
38.17 The condition in clause (2) may be waived if the commissioner finds that, due to
38.18weather-related conditions, the necessary feed stock is unavailable.
38.19 The condition in clause (4) may be waived if the commissioners find that the use of
38.20these nontraditional feedstocks would be uneconomic under market conditions existing at
38.21the time notice is given under this paragraph.
38.22 (c) The commissioners of agriculture, commerce, and pollution control must consult
38.23with the biodiesel task force when assessing and certifying conditions in paragraph (b),
38.24and in general must seek the guidance of the biodiesel task force regarding biodiesel
38.25labeling, enforcement, and other related issues.
38.26 (d) During a period of biodiesel fuel shortage or a problem with biodiesel quality
38.27that negatively affects the availability of biodiesel fuel, the commissioner of commerce
38.28may temporarily suspend the minimum content requirement in subdivision 2 until there
38.29is sufficient biodiesel fuel, as defined in subdivision 1, available to fulfill the minimum
38.30content requirement.
38.31 (e) By February 1, 2012, and periodically thereafter, the commissioner of commerce
38.32shall determine the wholesale diesel price at various pipeline and refinery terminals in the
38.33region, and the biodiesel price determined after credits and incentives are subtracted at
38.34biodiesel plants in the region. The commissioner shall report wholesale price differences to
38.35the governor who, after consultation with the commissioners of commerce and agriculture,
38.36may by executive order adjust the biodiesel mandate if a price disparity reported by the
39.1commissioner will cause economic hardship to retailers of diesel fuel in this state. Any
39.2adjustment must be for a specified period of time, after which the percentage of biodiesel
39.3fuel to be blended into diesel fuel returns to the amount required in subdivision 2. The
39.4biodiesel mandate must not be adjusted to less than five percent.
39.5 Subd. 3. Exceptions. (a) The minimum content
39.6subdivision 2
39.7 (1) motors located at an electric generating plant regulated by the Nuclear
39.8Regulatory Commission;
39.9 (2) railroad locomotives;
39.10 (3) off-road taconite and copper mining equipment and machinery;
39.11 (4) off-road logging equipment and machinery; and
39.12 (5) until May 1, 2010, vehicles and equipment used exclusively on an aircraft
39.13landing field.
39.14 (b) The exemption in paragraph (a), clause (1), expires 30 days after the Nuclear
39.15Regulatory Commission has approved the use of biodiesel fuel in motors at electric
39.16generating plants under its regulation.
39.17 (c) This subdivision expires on May 1, 2012.
39.18 Subd. 4. Disclosure. A refinery or terminal shall provide, at the time diesel fuel
39.19is sold or transferred from the refinery or terminal, a bill of lading or shipping manifest
39.20to the person who receives the fuel. For biodiesel-blended products, the bill of lading or
39.21shipping manifest must disclose biodiesel content, stating volume percentage, gallons of
39.22biodiesel per gallons of petroleum diesel base-stock, or an ASTM "Bxx" designation
39.23where "xx" denotes the volume percent biodiesel included in the blended product. This
39.24subdivision does not apply to sales or transfers of biodiesel blend stock between refineries,
39.25between terminals, or between a refinery and a terminal.
39.26 Subd. 5. Annual report. Beginning in 2009, the commissioner of agriculture
39.27must report by January 15 of each year to the chairs and ranking minority members of
39.28the legislative committees and divisions with jurisdiction over agriculture policy and
39.29finance regarding the implementation of the minimum content requirements in subdivision
39.302, including information about the price and supply of biodiesel fuel. The report shall
39.31include information about the impacts of the biodiesel mandate on the development of
39.32biodiesel production capacity in the state, and on the use of feedstock grown or raised in
39.33the state for biodiesel production. The report must include any written comments received
39.34from members of the biodiesel fuel task force by January 1 of that year designated by
39.35them for inclusion in the report.
40.1 Sec. 52. Minnesota Statutes 2006, section 239.7911, subdivision 2, is amended to read:
40.2 Subd. 2. Promotion of renewable liquid fuels. (a) The commissioner of
40.3agriculture, in consultation with the commissioners of commerce and the Pollution
40.4Control Agency, shall identify and implement activities necessary for the widespread use
40.5of renewable liquid fuels in the state. Beginning November 1, 2005, and continuing
40.6through 2015, the commissioners, or their designees, shall work with representatives
40.7from the renewable fuels industry, petroleum retailers, refiners, automakers, small engine
40.8manufacturers, and other interested groups, to develop annual recommendations for
40.9administrative and legislative action.
40.10 (b) The activities of the commissioners under this subdivision shall include, but not
40.11be limited to:
40.12 (1) developing recommendations for incentives for retailers to install equipment
40.13necessary for dispensing renewable liquid fuels to the public;
40.14 (2) expanding the renewable-fuel options available to Minnesota consumers by
40.15obtaining federal approval for the use of E20 and additional blends that contain a greater
40.16percentage of ethanol, including but not limited to E30 and E50, as gasoline;
40.17 (3) developing recommendations for ensuring that motor vehicles and small engine
40.18equipment have access to an adequate supply of fuel;
40.19 (4) working with the owners and operators of large corporate automotive fleets in the
40.20state to increase their use of renewable fuels; and
40.21 (5) working to maintain an affordable retail price for liquid fuels.
40.22 Sec. 53. Minnesota Statutes 2006, section 296A.01, subdivision 2, is amended to read:
40.23 Subd. 2. Agricultural alcohol gasoline. "Agricultural alcohol gasoline" means a
40.24gasoline-ethanol blend
40.25the provisions of section 239.761, subdivision 4a or 4b, with ethanol derived from
40.26agricultural products, such as potatoes, cereal, grains, cheese whey, sugar beets, forest
40.27products, or other renewable resources
40.28
40.29
40.30 Sec. 54. Minnesota Statutes 2007 Supplement, section 296A.01, subdivision 8a,
40.31is amended to read:
40.32 Subd. 8a. Biodiesel fuel. "Biodiesel fuel"
40.33
40.34
41.1
41.2239.77, subdivision 1.
41.3 Sec. 55. Minnesota Statutes 2007 Supplement, section 296A.01, subdivision 25,
41.4is amended to read:
41.5 Subd. 25. Gasoline blended with ethanol. "Gasoline blended with ethanol" means
41.6
41.7
41.8
41.9
41.10
41.11
41.12
41.13
41.14
41.15
41.16
41.17
41.18blend satisfying the provisions of section 239.761, subdivision 4a or 4b.
41.19 Sec. 56. Minnesota Statutes 2007 Supplement, section 394.23, is amended to read:
41.20394.23 COMPREHENSIVE PLAN.
41.21 The board has the power and authority to prepare and adopt by ordinance, a
41.22comprehensive plan. A comprehensive plan or plans when adopted by ordinance must be
41.23the basis for official controls adopted under the provisions of sections
41.24The commissioner of natural resources must provide the natural heritage data from the
41.25county biological survey, if available, to each county for use in the comprehensive plan.
41.26When adopting or updating the comprehensive plan, the board must, if the data is available
41.27to the county, consider natural heritage data resulting from the county biological survey.
41.28In a county that is not a greater than 80 percent area, as defined in section 103G.005,
41.29subdivision 10b, the board must consider adopting goals and objectives that will protect
41.30open space and the environment.
41.31 Sec. 57. [394.231] COMPREHENSIVE PLANS IN GREATER MINNESOTA;
41.32OPEN SPACE.
42.1 A county adopting or updating a comprehensive plan in a county outside the
42.2metropolitan area as defined by section 473.121, subdivision 2, and that is not a greater
42.3than 80 percent area, as defined in section 103G.005, subdivision 10b, shall consider
42.4adopting goals and objectives for the preservation of agricultural, forest, wildlife, and
42.5open space land, and minimizing development in sensitive shoreland areas. Within three
42.6years of updating the comprehensive plan, the county shall consider adopting ordinances
42.7as part of the county's official controls that encourage the implementation of the goals and
42.8objectives. The county shall consider the following goals and objectives:
42.9 (1) minimizing the fragmentation and development of agricultural, forest, wildlife,
42.10and open space lands, including consideration of appropriate minimum lot sizes;
42.11 (2) minimizing further development in sensitive shoreland areas;
42.12 (3) minimizing development near wildlife management areas, scientific and natural
42.13areas, and nature centers;
42.14 (4) identification of areas of preference for higher density, including consideration
42.15of existing and necessary water and wastewater services, infrastructure, other services,
42.16and to the extent feasible, encouraging full development of areas previously zoned for
42.17nonagricultural uses;
42.18 (5) encouraging development close to places of employment, shopping centers,
42.19schools, mass transit, and other public and private service centers;
42.20 (6) identification of areas where other developments are appropriate; and
42.21 (7) other goals and objectives a county may identify.
42.22 Sec. 58. Minnesota Statutes 2006, section 394.232, subdivision 6, is amended to read:
42.23 Subd. 6. Plan update. The county board, or the board of the joint planning district,
42.24shall review and update the community-based comprehensive plan periodically, but at
42.25least every ten years, and submit the updated plan to the office of strategic and long-range
42.26planning for review and comment. When updating the plan, the county board or the board
42.27of the joint planning district must consider natural heritage data resulting from the county
42.28biological survey. In a county that is not a greater than 80 percent area, as defined in
42.29section 103G.005, subdivision 10b, the board must consider adopting goals and objectives
42.30that will protect open space and the environment.
42.31 Sec. 59. Minnesota Statutes 2006, section 462.355, subdivision 1, is amended to read:
42.32 Subdivision 1. Preparation and review. The planning agency shall prepare the
42.33comprehensive municipal plan. In discharging this duty the planning agency shall
42.34consult with and coordinate the planning activities of other departments and agencies
43.1of the municipality to insure conformity with and to assist in the development of the
43.2comprehensive municipal plan. In its planning activities the planning agency shall take due
43.3cognizance of the planning activities of adjacent units of government and other affected
43.4public agencies. The planning agency shall periodically review the plan and recommend
43.5amendments whenever necessary. When preparing or recommending amendments to the
43.6comprehensive plan, the planning agency of a municipality located within a county that is
43.7not a greater than 80 percent area, as defined in section 103G.005, subdivision 10b, must
43.8consider adopting goals and objectives that will protect open space and the environment.
43.9 Sec. 60. Minnesota Statutes 2006, section 462.357, is amended by adding a subdivision
43.10to read:
43.11 Subd. 1h. Comprehensive plans in greater Minnesota; open spaces. When
43.12adopting or updating a comprehensive plan in a municipality located within a county that
43.13is not a greater than 80 percent area, as defined in section 103G.005, subdivision 10b, and
43.14that is located outside the metropolitan area, as defined by section 473.121, subdivision
43.152, the municipality shall consider adopting goals and objectives for the preservation of
43.16agricultural, forest, wildlife, and open space land and the minimization of development
43.17in sensitive shoreland areas. Within three years of updating the comprehensive plan,
43.18the municipality shall consider adopting ordinances as part of the municipality's official
43.19controls that encourage the implementation of the goals and objectives.
43.20 Sec. 61. Minnesota Statutes 2006, section 462.357, is amended by adding a subdivision
43.21to read:
43.22 Subd. 9. Development goals and objectives. In adopting official controls after July
43.231, 2008, in a municipality outside the metropolitan area, as defined by section 473.121,
43.24subdivision 2, the municipality shall consider restricting new residential, commercial, and
43.25industrial development so that the new development takes place in areas subject to the
43.26following goals and objectives:
43.27 (1) minimizing the fragmentation and development of agricultural, forest, wildlife,
43.28and open space lands, including consideration of appropriate minimum lot sizes;
43.29 (2) minimizing further development in sensitive shoreland areas;
43.30 (3) minimizing development near wildlife management areas, scientific and natural
43.31areas, and nature centers;
43.32 (4) identification of areas of preference for higher density, including consideration
43.33of existing and necessary water and wastewater services, infrastructure, other services,
44.1and to the extent feasible, encouraging full development of areas previously zoned for
44.2nonagricultural uses;
44.3 (5) encouraging development close to places of employment, shopping centers,
44.4schools, mass transit, and other public and private service centers;
44.5 (6) identification of areas where other developments are appropriate; and
44.6 (7) other goals and objectives a municipality may identify.
44.7 Sec. 62. TITLE.
44.8 Sections 56 to 61 shall be known as the President Theodore Roosevelt Memorial
44.9Bill to Preserve Agricultural, Forest, Wildlife, and Open Space Land.
44.10 Sec. 63. Laws 2007, chapter 45, article 1, section 3, subdivision 3, is amended to read:
| 44.11 44.12 |
Subd. 3. Agricultural Marketing and Development |
8,547,000 |
5,157,000 |
||||
44.14second year are for transfer to the Minnesota
44.15grown account and may be used as grants
44.16for Minnesota grown promotion under
44.17Minnesota Statutes, section
44.18may be made for one year. Notwithstanding
44.19Minnesota Statutes, section
44.20appropriations encumbered under contract on
44.21or before June 30, 2009, for Minnesota grown
44.22grants in this paragraph are available until
44.23June 30, 2011. $50,000 of the appropriation
44.24in each year is for efforts that identify
44.25and promote Minnesota grown products
44.26in retail food establishments including but
44.27not limited to restaurants, grocery stores,
44.28and convenience stores. The balance in the
44.29Minnesota grown matching account in the
44.30agricultural fund is canceled to the Minnesota
44.31grown account in the agricultural fund and
44.32the Minnesota grown matching account is
44.33abolished.
45.1$160,000 the first year and $160,000 the
45.2second year are for grants to farmers for
45.3demonstration projects involving sustainable
45.4agriculture as authorized in Minnesota
45.5Statutes, section
45.6for grants, up to $20,000 may be used for
45.7dissemination of information about the
45.8demonstration projects. Notwithstanding
45.9Minnesota Statutes, section
45.10appropriations encumbered under contract
45.11on or before June 30, 2009, for sustainable
45.12agriculture grants in this paragraph are
45.13available until June 30, 2011.
45.14$100,000 the first year and $100,000
45.15the second year are to provide training
45.16and technical assistance to county and
45.17town officials relating to livestock siting
45.18issues and local zoning and land use
45.19planning, including a checklist template that
45.20would clarify the federal, state, and local
45.21government requirements for consideration
45.22of an animal agriculture modernization
45.23or expansion project. In developing
45.24the training and technical assistance
45.25program, the commissioner shall seek
45.26guidance, advice, and support of livestock
45.27producer organizations, general agricultural
45.28organizations, local government associations,
45.29academic institutions, other government
45.30agencies, and others with expertise in land
45.31use and agriculture.
45.32$103,000 the first year and $106,000 the
45.33second year are for additional integrated pest
45.34management activities.
46.1$2,500,000 the first year is for the agricultural
46.2best management practices loan program. At
46.3least $2,000,000 is available for pass-through
46.4to local governments and lenders for
46.5low-interest loans and is available until spent.
46.6Any unencumbered balance that is not used
46.7for pass-through to local governments does
46.8not cancel at the end of the first year and is
46.9available for the second year.
46.10$1,000,000 the first year is for the agricultural
46.11best management practices loan program for
46.12capital equipment loans for persons using
46.13native, perennial cropping systems for energy
46.14or seed production. This appropriation is
46.15available until spent. * (The preceding text
46.16beginning "$1,000,000 the first year" was
46.17indicated as vetoed by the governor.)
46.18$100,000 the first year and $100,000 the
46.19second year are for annual cost-share
46.20payments to resident farmers or persons
46.21who sell, process, or package agricultural
46.22products in this state for the costs of organic
46.23certification. Annual cost-share payments
46.24per farmer must be two-thirds of the cost
46.25of the certification or $350, whichever is
46.26less. In any year that a resident farmer or
46.27person who sells, processes, or packages
46.28agricultural products in this state receives
46.29a federal organic certification cost-share
46.30payment, that resident farmer or person is
46.31not eligible for state cost-share payments.
46.32A certified farmer is eligible to receive
46.33annual certification cost-share payments for
46.34up to five years. $15,000 each year is for
46.35organic market and program development.
46.36The commissioner may allocate any excess
47.1appropriation in either fiscal year for organic
47.2producer education efforts, assistance for
47.3persons transitioning from conventional
47.4to organic agriculture, or sustainable
47.5agriculture demonstration grants authorized
47.6under Minnesota Statutes, section
47.7and pertaining to organic research or
47.8demonstration. Any unencumbered balance
47.9does not cancel at the end of the first year
47.10and is available for the second year.
47.11EFFECTIVE DATE.This section is effective the day following final enactment.
47.12 Sec. 64. Laws 2007, chapter 45, article 1, section 3, subdivision 4, is amended to read:
| 47.13 47.14 |
Subd. 4. Bioenergy and Value-Added Agricultural Products |
19,918,000 |
15,168,000 |
||||
47.16the second year are for ethanol producer
47.17payments under Minnesota Statutes, section
47.19producers are eligible in a quarter exceeds
47.20the amount available for payments, the
47.21commissioner shall make payments on a
47.22pro rata basis. If the appropriation exceeds
47.23the total amount for which all producers
47.24are eligible in a fiscal year for scheduled
47.25payments and for deficiencies in payments
47.26during previous fiscal years, the balance
47.27in the appropriation is available to the
47.28commissioner for value-added agricultural
47.29programs including the value-added
47.30agricultural product processing and
47.31marketing grant program under Minnesota
47.32Statutes, section
47.33appropriation remains available until spent.
48.1$3,000,000 the first year is for grants to
48.2bioenergy projects. The NextGen Energy
48.3Board shall make recommendations to
48.4the commissioner on grants for owners of
48.5Minnesota facilities producing bioenergy,
48.6organizations that provide for on-station,
48.7on-farm field scale research and outreach to
48.8develop and test the agronomic and economic
48.9requirements of diverse stands of prairie
48.10plants and other perennials for bioenergy
48.11systems, or certain nongovernmental
48.12entities. For the purposes of this paragraph,
48.13"bioenergy" includes transportation fuels
48.14derived from cellulosic material as well as
48.15the generation of energy for commercial heat,
48.16industrial process heat, or electrical power
48.17from cellulosic material via gasification
48.18or other processes. The board must give
48.19priority to a bioenergy facility that is at
48.20least 60 percent owned and controlled by
48.21farmers, as defined in Minnesota Statutes,
48.22section
48.23(n), or natural persons residing in the
48.24county or counties contiguous to where the
48.25facility is located. Grants are limited to 50
48.26percent of the cost of research, technical
48.27assistance, or equipment related to bioenergy
48.28production or $500,000, whichever is less.
48.29Grants to nongovernmental entities for the
48.30development of business plans and structures
48.31related to community ownership of eligible
48.32bioenergy facilities together may not exceed
48.33$150,000. The board shall make a good
48.34faith effort to select projects that have
48.35merit and when taken together represent a
48.36variety of bioenergy technologies, biomass
49.1feedstocks, and geographic regions of the
49.2state. Projects must have a qualified engineer
49.3certification on the technology and fuel
49.4source. Grantees shall provide reports at
49.5the request of the commissioner and must
49.6actively participate in the Agricultural
49.7Utilization Research Institute's Renewable
49.8Energy Roundtable. No later than February
49.91, 2009, the commissioner shall report on
49.10the projects funded under this appropriation
49.11to the house and senate committees with
49.12jurisdiction over agriculture finance. The
49.13commissioner's costs in administering the
49.14program may be paid from the appropriation.
49.15Any unencumbered balance does not cancel
49.16at the end of the first year and is available in
49.17the second year.
49.18$350,000 the first year is for grants to
49.19the Minnesota Institute for Sustainable
49.20Agriculture at the University of Minnesota
49.21to provide funds for on-station and on-farm
49.22field scale research and outreach to develop
49.23and test the agronomic and economic
49.24requirements of diverse stands of prairie
49.25plants and other perennials for bioenergy
49.26systems including, but not limited to,
49.27multiple species selection and establishment,
49.28ecological management between planting
49.29and harvest, harvest technologies, financial
49.30and agronomic risk management, farmer
49.31goal setting and adoption of technologies,
49.32integration of wildlife habitat into
49.33management approaches, evaluation of
49.34carbon and other benefits, and robust policies
49.35needed to induce farmer conversion on
49.36marginal lands. * (The preceding text
50.1beginning "$350,000 the first year" was
50.2indicated as vetoed by the governor.)
50.3$200,000 the first year is for a grant to the
50.4Minnesota Turf Seed Council for basic
50.5and applied agronomic research on native
50.6plants, including plant breeding, nutrient
50.7management, pest management, disease
50.8management, yield, and viability. The grant
50.9recipient may subcontract with a qualified
50.10third party for some or all of the basic
50.11or applied research. The grant recipient
50.12must actively participate in the Agricultural
50.13Utilization Research Institute's Renewable
50.14Energy Roundtable and no later than
50.15February 1, 2009, must report to the house
50.16and senate committees with jurisdiction
50.17over agriculture finance. This is a onetime
50.18appropriation and is available until spent.
50.19$200,000 the first year is for a grant to a joint
50.20venture combined heat and power energy
50.21facility located in Scott or LeSueur County
50.22for the creation of a centrally located biomass
50.23fuel supply depot with the capability of
50.24unloading, processing, testing, scaling, and
50.25storing renewable biomass fuels. The grant
50.26must be matched by at least $3 of nonstate
50.27funds for every $1 of state funds. The grant
50.28recipient must actively participate in the
50.29Agricultural Utilization Research Institute's
50.30Renewable Energy Roundtable and no
50.31later than February 1, 2009, must report
50.32to the house and senate committees with
50.33jurisdiction over agriculture finance. This is
50.34a onetime appropriation and is available until
50.35spent.
51.1$300,000 the first year is for a grant to the
51.2Bois Forte Band of Chippewa for a feasibility
51.3study of a renewable energy biofuels
51.4demonstration facility on the Bois Forte
51.5Reservation in St. Louis and Koochiching
51.6Counties. The grant shall be used by the Bois
51.7Forte Band to conduct a detailed feasibility
51.8study of the economic and technical viability
51.9of developing a multistream renewable
51.10energy biofuels demonstration facility
51.11on Bois Forte Reservation land to utilize
51.12existing forest resources, woody biomass,
51.13and cellulosic material to produce biofuels or
51.14bioenergy. The grant recipient must actively
51.15participate in the Agricultural Utilization
51.16Research Institute's Renewable Energy
51.17Roundtable and no later than February 1,
51.182009, must report to the house and senate
51.19committees with jurisdiction over agriculture
51.20finance. This is a onetime appropriation and
51.21is available until spent.
51.22$300,000 the first year is for a grant to
51.23the White Earth Band of Chippewa for a
51.24feasibility study of a renewable energy
51.25biofuels production, research, and production
51.26facility on the White Earth Reservation in
51.27Mahnomen County. The grant must be used
51.28by the White Earth Band and the University
51.29of Minnesota to conduct a detailed feasibility
51.30study of the economic and technical viability
51.31of (1) developing a multistream renewable
51.32energy biofuels demonstration facility on
51.33White Earth Reservation land to utilize
51.34existing forest resources, woody biomass,
51.35and cellulosic material to produce biofuels or
51.36bioenergy, and (2) developing, harvesting,
52.1and marketing native prairie plants and seeds
52.2for bioenergy production. The grant recipient
52.3must actively participate in the Agricultural
52.4Utilization Research Institute's Renewable
52.5Energy Roundtable and no later than
52.6February 1, 2009, must report to the house
52.7and senate committees with jurisdiction
52.8over agriculture finance. This is a onetime
52.9appropriation and is available until spent.
52.10$200,000 the first year is for a grant to the Elk
52.11River Economic Development Authority for
52.12upfront engineering and a feasibility study
52.13of the Elk River renewable fuels facility.
52.14The facility must use a plasma gasification
52.15process to convert primarily cellulosic
52.16material, but may also use plastics and other
52.17components from municipal solid waste, as
52.18feedstock for the production of methanol
52.19for use in biodiesel production facilities.
52.20Any unencumbered balance in fiscal year
52.212008 does not cancel but is available for
52.22fiscal year 2009. Notwithstanding Minnesota
52.23Statutes, section
52.24not transfer this appropriation. The grant
52.25recipient must actively participate in the
52.26Agricultural Utilization Research Institute's
52.27Renewable Energy Roundtable and no
52.28later than February 1, 2009, must report
52.29to the house and senate committees with
52.30jurisdiction over agriculture finance. This is
52.31a onetime appropriation and is available until
52.32spent.
52.33$200,000 the first year is for a grant to
52.34Chisago County to conduct a detailed
52.35feasibility study of the economic and
52.36technical viability of developing a
53.1multistream renewable energy biofuels
53.2demonstration facility in Chisago, Isanti,
53.3or Pine County to utilize existing forest
53.4resources, woody biomass, and cellulosic
53.5material to produce biofuels or bioenergy.
53.6Chisago County may expend funds to Isanti
53.7and Pine Counties and the University of
53.8Minnesota for any costs incurred as part
53.9of the study. The feasibility study must
53.10consider the capacity of: (1) the seed bank
53.11at Wild River State Park to expand the
53.12existing prairie grass, woody biomass, and
53.13cellulosic material resources in Chisago,
53.14Isanti, and Pine Counties; (2) willing and
53.15interested landowners in Chisago, Isanti, and
53.16Pine Counties to grow cellulosic materials;
53.17and (3) the Minnesota Conservation Corps,
53.18the sentence to serve program, and other
53.19existing workforce programs in east central
53.20Minnesota to contribute labor to these efforts.
53.21The grant recipient must actively participate
53.22in the Agricultural Utilization Research
53.23Institute's Renewable Energy Roundtable and
53.24no later than February 1, 2009, must report
53.25to the house and senate committees with
53.26jurisdiction over agriculture finance. This is
53.27a onetime appropriation and is available until
53.28spent.
53.29EFFECTIVE DATE.This section is effective the day following final enactment.
53.30 Sec. 65. Laws 2007, chapter 45, article 1, section 3, subdivision 5, is amended to read:
| 53.31 53.32 |
Subd. 5. Administration and Financial Assistance |
7,338,000 |
6,751,000 |
||||
53.34the second year are for continuation of
54.1the dairy development and profitability
54.2enhancement and dairy business planning
54.3grant programs established under Laws 1997,
54.4chapter 216, section 7, subdivision 2, and
54.5Laws 2001, First Special Session chapter 2,
54.6section 9, subdivision 2 . The commissioner
54.7may allocate the available sums among
54.8permissible activities, including efforts to
54.9improve the quality of milk produced in the
54.10state in the proportions that the commissioner
54.11deems most beneficial to Minnesota's dairy
54.12farmers. The commissioner must submit a
54.13work plan detailing plans for expenditures
54.14under this program to the chairs of the
54.15house and senate committees dealing with
54.16agricultural policy and budget on or before
54.17the start of each fiscal year. If significant
54.18changes are made to the plans in the course
54.19of the year, the commissioner must notify the
54.20chairs.
54.21$50,000 the first year and $50,000 the
54.22second year are for the Northern Crops
54.23Institute. These appropriations may be spent
54.24to purchase equipment.
54.25$19,000 the first year and $19,000 the
54.26second year are for a grant to the Minnesota
54.27Livestock Breeders Association.
54.28$250,000 the first year and $250,000 the
54.29second year are for grants to the Minnesota
54.30Agricultural Education Leadership Council
54.31for programs of the council under Minnesota
54.32Statutes, chapter 41D.
54.33$600,000 the first year is for grants for
54.34fertilizer research as awarded by the
54.35Minnesota Agricultural Fertilizer Research
55.1and Education Council under Minnesota
55.2Statutes, section
55.3
55.4the commissioner pursuant to Minnesota
55.5Statutes, section 18C.70, subdivision 2, for
55.6administration of this activity is available
55.7until February 1, 2009, by which time the
55.8commissioner shall report to the house and
55.9senate committees with jurisdiction over
55.10agriculture finance. The report must include
55.11the progress and outcome of funded projects
55.12as well as the sentiment of the council
55.13concerning the need for additional research
55.14funded through an industry checkoff fee.
55.15$465,000 the first year and $465,000 the
55.16second year are for payments to county and
55.17district agricultural societies and associations
55.18under Minnesota Statutes, section
55.19subdivision 1
55.20district agricultural societies and associations
55.21shall be disbursed not later than July 15 of
55.22each year. These payments are the amount of
55.23aid owed by the state for an annual fair held
55.24in the previous calendar year.
55.25$65,000 the first year and $65,000 the second
55.26year are for annual grants to the Minnesota
55.27Turf Seed Council for basic and applied
55.28research on the improved production of
55.29forage and turf seed related to new and
55.30improved varieties. The grant recipient may
55.31subcontract with a qualified third party for
55.32some or all of the basic and applied research.
55.33$500,000 the first year and $500,000 the
55.34second year are for grants to Second Harvest
55.35Heartland on behalf of Minnesota's six
56.1Second Harvest food banks for the purchase
56.2of milk for distribution to Minnesota's food
56.3shelves and other charitable organizations
56.4that are eligible to receive food from the food
56.5banks. Milk purchased under the grants must
56.6be acquired from Minnesota milk processors
56.7and based on low-cost bids. The milk must be
56.8allocated to each Second Harvest food bank
56.9serving Minnesota according to the formula
56.10used in the distribution of United States
56.11Department of Agriculture commodities
56.12under The Emergency Food Assistance
56.13Program (TEFAP). Second Harvest
56.14Heartland must submit quarterly reports
56.15to the commissioner on forms prescribed
56.16by the commissioner. The reports must
56.17include, but are not limited to, information
56.18on the expenditure of funds, the amount
56.19of milk purchased, and the organizations
56.20to which the milk was distributed. Second
56.21Harvest Heartland may enter into contracts
56.22or agreements with food banks for shared
56.23funding or reimbursement of the direct
56.24purchase of milk. Each food bank receiving
56.25money from this appropriation may use up to
56.26two percent of the grant for administrative
56.27expenses.
56.28$100,000 the first year and $100,000 the
56.29second year are for transfer to the Board of
56.30Trustees of the Minnesota State Colleges and
56.31Universities for mental health counseling
56.32support to farm families and business
56.33operators through farm business management
56.34programs at Central Lakes College and
56.35Ridgewater College.
57.1$18,000 the first year and $18,000 the
57.2second year are for grants to the Minnesota
57.3Horticultural Society.
57.4$50,000 is for a grant to the University of
57.5Minnesota, Department of Horticultural
57.6Science, Enology Laboratory, to upgrade
57.7and purchase instrumentation to allow
57.8rapid and accurate measurement of enology
57.9components. This is a onetime appropriation
57.10and is available until expended.
57.11 Sec. 66. AGRICULTURAL AND OPEN SPACE PRESERVATION TASK
57.12FORCE.
57.13 An agricultural and open space preservation task force is created to study state and
57.14local policies and incentives related to encouraging farms, privately owned forest lands,
57.15and other privately owned open spaces to be preserved. The task force shall consist of two
57.16members of the senate appointed by the Subcommittee on Committees of the Committee
57.17on Rules and Administration, including one member of the minority; one member of the
57.18majority party in the house of representatives, appointed by the speaker of the house of
57.19representatives, and one member of the minority party in the house of representatives
57.20appointed by the minority leader; and one representative each from the Association of
57.21Minnesota Counties, the League of Minnesota Cities, and the Minnesota Association of
57.22Townships. The task force shall consult with representatives of agricultural groups such as
57.23Farm Bureau and Farmer's Union, the commissioners of agriculture and natural resources,
57.24the executive director of the Board of Soil and Water Resources, and other state agencies
57.25as needed and may consult with other interested parties. No public member of the task
57.26force shall be entitled to compensation or reimbursements for expenses. Appointments
57.27shall be made by July 1, 2008, and the first meeting shall be convened by agreement of
57.28the senate members no later than August 1, 2008. The task force shall elect a chair from
57.29among its members at the first meeting. The task force must report its findings with
57.30recommendations for proposed legislation to the chair and ranking minority member of
57.31the committees in the house of representatives and senate with jurisdiction over land use
57.32planning no later than January 30, 2009. The task force shall expire on June 30, 2009.
57.33 Sec. 67. PROPOSAL; PETROLEUM INSPECTION FEE REVENUE.
58.1 The commissioners of finance, commerce, and pollution control must develop and
58.2submit to the legislature as part of their next biennial budget request a proposal for
58.3eliminating, to the extent feasible, redundant fuel inspections and dedicating, to the extent
58.4feasible, all revenue from the petroleum inspection fee levied on petroleum products under
58.5Minnesota Statutes, section 239.101, subdivision 3, to the Weights and Measures Division
58.6of the Department of Commerce. All additional funding appropriated to the Weights and
58.7Measures Division under this proposal must be used for increased and enhanced fuel
58.8quality assurance enforcement activities and equipment and for educational activities
58.9focused on the handling, distribution, and use of biodiesel fuel.
58.10 Sec. 68. TECHNICAL COLD WEATHER ISSUES.
58.11 The commissioners of agriculture and commerce shall consult with stakeholders
58.12who are technical experts in cold weather biodiesel and petroleum diesel issues to
58.13consider and make recommendations regarding improvements in the production, blending,
58.14handling, and distribution of biodiesel blends to further ensure the performance of these
58.15fuels in cold weather. The commissioners shall issue a report on these issues by February
58.1615, 2009, to the chairs and ranking minority members of the legislature with jurisdiction
58.17over agriculture and commerce policy and finance.
58.18 Sec. 69. BIOBASED DIESEL ALTERNATIVES.
58.19 By January 15, 2011, the commissioners of agriculture, commerce, and pollution
58.20control shall consult with a broad range of stakeholders with technical expertise to
58.21develop and present recommendations to the NextGen Energy Board and to the chairs and
58.22ranking minority members of the Environment, Agriculture, Transportation, and Energy
58.23Policy and Finance Committees for the use of biobased diesel alternatives in the state,
58.24after reviewing the technology, economics, and operational characteristics associated
58.25with their use. For the purposes of this section, "biobased diesel alternatives" means
58.26alternatives to petroleum diesel fuel that are warrantied for use in a standard diesel engine
58.27without modification and derived from a biological resource. The commissioners may
58.28not recommend the use of a biobased diesel alternative for which an ASTM specification
58.29has not been developed, and which does not provide at least the equivalent environmental
58.30emissions benefits and local economic development potential as biodiesel produced using
58.31feedstocks grown or raised in the United States and Canada.
58.32 Sec. 70. 2008 FAMILY MOTOR COACH ASSOCIATION EVENT.
58.33 For the 2008 Family Motor Coach Association event held on the State Fair grounds,
58.34the fee the State Agricultural Society must obtain for expansion of the recreational
59.1camping area license, as required in Minnesota Statutes, section 327.15, shall be 50
59.2percent of the primary license fee prescribed in Minnesota Rules, part 4630.2000.
59.3 Sec. 71. VIRAL HEMORRHAGIC SEPTICEMIA TESTING.
59.4 The commissioner of natural resources shall form a work group with the
59.5commissioners of agriculture and health and develop a plan for detecting and responding
59.6to the presence of the fish virus Viral Hemorrhagic Septicemia (VHS) in Minnesota. The
59.7plan must cover how the joint laboratory facility at the Departments of Agriculture and
59.8Health may be used to provide testing needed to diagnose and respond to VHS. No later
59.9than January 5, 2009, the commissioner of natural resources shall present the plan to
59.10the chairs of the house and senate committees with jurisdiction over agriculture, health,
59.11and natural resources policy and finance.
59.12 Sec. 72. NEXTGEN 2007 APPROPRIATION MODIFICATION.
59.13 Up to $300,000 of the amount appropriated to the commissioner of agriculture for
59.14bioenergy grants under Laws 2007, chapter 45, article 1, section 3, subdivision 4, is for
59.15cold weather biodiesel blending infrastructure grants to facilities that serve Minnesota.
59.16 Sec. 73. 2007 APPROPRIATION MODIFICATION.
59.17 The commissioner may use up to $100,000 of the amount appropriated for dairy
59.18development and profitability enhancement and dairy business planning grants in fiscal
59.19year 2009 under Laws 2007, chapter 45, article 1, section 3, subdivision 5, for activities
59.20related to marketing, business planning, and educational efforts to assist all livestock
59.21operations located within a bovine tuberculosis modified accredited zone, as designated by
59.22the United States Department of Agriculture.
59.25 Section 1. Minnesota Statutes 2006, section 13.785, is amended by adding a
59.26subdivision to read:
59.27 Subd. 4. Deceased veterans data. Data relating to veterans deceased as a result of
59.28service-connected causes are classified under section 197.225.
59.29EFFECTIVE DATE.This section is effective the day following final enactment.
59.30 Sec. 2. Minnesota Statutes 2006, section 168.1255, subdivision 1, is amended to read:
59.31 Subdivision 1. General requirements and procedures. The commissioner shall
59.32issue special veteran contribution plates or a single motorcycle plate to an applicant who:
60.1 (1) is a veteran, as defined in section
60.2 (2) is a registered owner of a passenger automobile or motorcycle;
60.3 (3) pays a fee of $10 to cover the costs of handling and manufacturing the plates;
60.4 (4) pays the registration tax required under section
60.5 (5) pays the fees required under this chapter;
60.6 (6) pays an additional onetime World War II memorial contribution of $30, which
60.7the department shall retain until all start-up costs associated with the development and
60.8issuing of the plates have been recovered, after which the commissioner shall deposit
60.9contributions in the World War II donation match account; and
60.10 (7) complies with this chapter and rules governing the registration of motor vehicles
60.11and licensing of drivers.
60.12 Sec. 3. Minnesota Statutes 2006, section 168.1255, is amended by adding a subdivision
60.13to read:
60.14 Subd. 1a. Motorcycle plate. A motorcycle plate issued under this section must be
60.15the same size as a regular motorcycle plate.
60.16 Sec. 4. Minnesota Statutes 2006, section 168.1255, subdivision 3, is amended to read:
60.17 Subd. 3. Plate transfers. Despite section
60.18transfer fee of $5, plates issued under this section may be transferred to another passenger
60.19automobile registered to the individual to whom the veteran contribution plates were
60.20issued, or a single motorcycle plate may be transferred to another motorcycle registered to
60.21the individual to whom the plate was issued.
60.22 Sec. 5. Minnesota Statutes 2006, section 168.1255, is amended by adding a subdivision
60.23to read:
60.24 Subd. 6. World War II memorial donation match account. Money remaining
60.25in the World War II memorial donation match account after the state share of the
60.26construction costs of the World War II memorial has been paid in full is appropriated to the
60.27commissioner of veterans affairs for services and programs for veterans and their families.
60.28 Sec. 6. [192.056] PROTECTION OF RESERVIST-OWNED BUSINESS DURING
60.29ACTIVE SERVICE.
60.30 Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this
60.31section.
60.32 (b) "Active service" has the meaning given in section 190.05, subdivision 5.
61.1 (c) "Business" means a business wholly owned by a qualified service member, or
61.2jointly by the member and the member's spouse, irrespective of whether the business
61.3is a sole proprietorship, corporation, limited liability company, partnership, limited
61.4partnership, or other type of business entity.
61.5 (d) "Qualified service member" means a Minnesota resident who is serving
61.6honorably as a member of the Minnesota National Guard or any other military reserve
61.7unit of the United States armed forces who has been ordered into active service for a
61.8period of 60 days or longer.
61.9 Subd. 2. Protection provided. (a) Notwithstanding any other law or rule to the
61.10contrary, the business of a qualified service member may be exempted from civil court
61.11proceedings for part or all of the period of the member's active military service and for up
61.12to 60 days thereafter, as provided in this section.
61.13 (b) If the business of a qualified service member is a defendant in a civil action, the
61.14court may, on its own motion, grant a stay in the proceedings for a minimum of 60 days.
61.15The court, on its own motion, may renew the stay as the court considers appropriate. If the
61.16qualified service member petitions the court in any manner for a stay, the court must grant
61.17a stay for a minimum of 60 days, provided that:
61.18 (1) the service member submits to the court a letter or other communication setting
61.19forth facts stating the manner in which current military duty requirements materially affect
61.20the service member's ability to appear or otherwise participate in the proceedings, and
61.21stating a date when the service member will be available to appear or otherwise participate
61.22in the proceedings; and
61.23 (2) the service member submits a letter or other communication from the service
61.24member's commanding officer stating that the service member's current military duty
61.25prevents appearance and that military leave is not authorized for the service member
61.26at the time of the letter.
61.27 (c) A service member's communication with the court requesting a stay does not
61.28constitute an appearance for jurisdictional purposes and does not constitute a waiver of
61.29any substantive or procedural defense, including a defense relating to lack of personal
61.30jurisdiction.
61.31 (d) A qualified service member who is granted a stay in the action or proceedings
61.32against the member's business may in any manner request from the court an additional
61.33stay, which the court may grant if the service member can show to the satisfaction of
61.34the court that the member's military requirements affect the member's ability to appear.
61.35However, the court is not obligated to grant the additional stay. If the court refuses to
61.36grant an additional stay, the court must provide the service member with information
62.1enabling the service member to acquire qualified legal counsel, at the service member's
62.2discretion, for defending the action.
62.3 (e) If a default judgment is entered in a civil action against the business of a qualified
62.4service member during the service member's period of active military service, or within 60
62.5days following termination of or release from the active military service, the court entering
62.6the judgment must, upon application by or on behalf of the service member, reopen the
62.7judgment for the purpose of allowing the member to defend the action if it appears that:
62.8 (1) the service member was materially affected by reason of that military service in
62.9making a defense to the action; and
62.10 (2) the service member has a meritorious or legal defense to the action or some
62.11part of it.
62.12EFFECTIVE DATE.This section is effective July 1, 2008, and applies to civil
62.13court actions pending or initiated on or after that date.
62.14 Sec. 7. Minnesota Statutes 2006, section 192.20, is amended to read:
62.15192.20 BREVET RANK.
62.16 Subdivision 1. Personnel eligible for brevet promotion. (a) Officers, warrant
62.17officers, and enlisted persons of the National Guard who have, after ten years active
62.18service, resigned or retired for physical disability or otherwise, may in the discretion of the
62.19commander-in-chief, on the recommendation of the adjutant general, be commissioned
62.20by brevet, in the next higher grade than that held by them at the time of their resignation
62.21or retirement.
62.22 (b) Officers, warrant officers, or enlisted persons of the National Guard who die
62.23while in state or federal active service, as defined in section 190.05, or former officers,
62.24warrant officers, or enlisted persons of the National Guard who die as a result of injuries
62.25or other conditions incurred or aggravated while in such service may, in the discretion of
62.26the commander-in-chief, on the recommendation of the adjutant general, be commissioned
62.27by brevet, in the next higher grade than that held by them at the time of their death.
62.28 (c) If a service member is wounded or killed after a battlefield commission has
62.29been approved and was pending, or if a service member was enrolled in an officer
62.30commissioning program at the time of injury or death, the person may be breveted at the
62.31rank of second lieutenant or ensign, as appropriate, following separation or discharge
62.32from military service.
62.33 Subd. 2. Effect of brevet rank. Brevet rank shall be considered strictly honorary
62.34and shall confer no privilege of precedence or command, nor pay any emoluments. Brevet
63.1officers, warrant officers, and enlisted persons may wear the uniform of their brevet grade
63.2on occasions of ceremony.
63.3EFFECTIVE DATE.This section is effective the day following final enactment.
63.4 Sec. 8. [192.325] DISCRIMINATION AGAINST FAMILY OF SERVICE
63.5MEMBER; UNPAID LEAVE REQUIRED.
63.6 An employer may not:
63.7 (1) discharge from employment or take adverse employment action against any
63.8employee because of the membership of that employee's spouse, parent, or child in the
63.9military forces of the United States, of this state, or any other state; or
63.10 (2) discharge from employment, take adverse employment action against, or
63.11otherwise hinder an employee from attending the following kinds of events relating to the
63.12military service of the employee's spouse, parent, or child and to which the employee is
63.13invited or otherwise called upon to attend by proper military authorities:
63.14 (i) departure or return ceremonies for deploying or returning military personnel
63.15or units;
63.16 (ii) family training or readiness events sponsored or conducted by the military; and
63.17 (iii) events held as part of official military reintegration programs.
63.18 The employee must provide reasonable notice to the employer when requesting
63.19time off, and the employer must provide a reasonable amount of nonpaid time off for the
63.20employee, for the purposes enumerated in items (i) to (iii), not to exceed two consecutive
63.21days or six days in a calendar year. The employer must not compel the employee to use
63.22accumulated but unused vacation for these events.
63.23 Section 645.241 does not apply to this section.
63.24EFFECTIVE DATE.This section is effective August 1, 2008, and applies to
63.25employment action occurring on or after that date.
63.26 Sec. 9. Minnesota Statutes 2006, section 196.021, is amended to read:
63.27196.021 DEPUTY COMMISSIONERS; DUTIES.
63.28 Subdivision 1. Appointment. The commissioner shall appoint a deputy
63.29commissioner for veteran services
63.30
63.31care
63.32service
63.33
63.34of Minnesota, citizens of the United States, and veterans as defined in section
64.1 Subd. 2.
64.2commissioner for veteran services
64.3care have those powers delegated by the commissioner
64.4
64.5
64.6by the commissioner, and filed with the secretary of state.
64.7 Sec. 10. Minnesota Statutes 2006, section 196.03, is amended to read:
64.8196.03 OFFICERS AND EMPLOYEES.
64.9
64.10shall be appointed by the commissioner and they shall perform such duties as may be
64.11assigned to them by the commissioner.
64.12 Sec. 11. [196.30] VETERANS HEALTH CARE ADVISORY COUNCIL.
64.13 Subdivision 1. Creation. The Veterans Health Care Advisory Council is established
64.14to provide the Department of Veterans Affairs with advice and recommendations on
64.15providing veterans with quality long-term care and the anticipated future needs of
64.16Minnesota veterans.
64.17 Subd. 2. Membership. (a) The council consists of nine public members appointed
64.18by the governor. The council members are:
64.19 (1) seven members with extensive expertise in health care delivery, long-term care,
64.20and veterans services;
64.21 (2) one licensed clinician who may be either a physician, physician's assistant, or
64.22a nurse practitioner; and
64.23 (3) one additional member.
64.24 (b) The governor shall designate a member to serve as the chair.
64.25 (c) The commissioner of veterans affairs, or the commissioner's designee, is an ex
64.26officio, nonvoting member of the council and shall provide necessary and appropriate
64.27administrative and technical support to the council.
64.28 (d) Membership terms, removal of members, and the filling of vacancies are as
64.29provided in section 15.059, subdivisions 2 and 4. Members shall not receive compensation
64.30or per diem payments, but may receive reimbursement for expenses pursuant to section
64.3115.059, subdivision 3.
64.32 Subd. 3. Duties. The council is an advisory group with the responsibility of
64.33providing the commissioner of veterans affairs with information and professional expertise
64.34on the delivery of quality long-term care to veterans. The council's duties include:
65.1 (1) developing a new vision and strategic plan for the veterans homes that
65.2complements the Department of Veterans Affairs overall veterans service programs;
65.3 (2) providing recommendations and advice on matters including clinical
65.4performance, systemwide quality improvement efforts, culture and working environment
65.5of the veterans homes, and other operational and organizational functions of the veterans
65.6homes;
65.7 (3) studying and reviewing current issues and trends in the long-term care industry
65.8and the veterans community;
65.9 (4) providing recommendations to the commissioner on alternative options for the
65.10delivery of long-term care to veterans so that veterans and their families can determine
65.11appropriate services under models similar to those available in the community;
65.12 (5) establishing, as appropriate, subcommittees or ad hoc task forces of council
65.13members, stakeholders, and other individuals with expertise or experience to address
65.14specific issues; and
65.15 (6) reviewing and providing advice on any other matter at the request of the
65.16commissioner.
65.17 Subd. 4. Expiration. Notwithstanding section 15.059, subdivision 4, the council
65.18expires June 30, 2013.
65.19 Sec. 12. [197.225] LIST OF DECEASED MILITARY PERSONNEL.
65.20 (a) The commissioner of veterans affairs shall collect and maintain data about
65.21Minnesota residents who have died of service-connected causes while serving in the
65.22United States armed forces. The data may include deceased service members who are
65.23the immediate family members of Minnesota residents, but who themselves were not
65.24Minnesota residents at the time of death. The commissioner shall collect the following
65.25data: the individual's full name, military rank, branch of service, age at the time of death,
65.26and Minnesota hometown or if not a Minnesota resident at the time of death, the service
65.27member's home state.
65.28 (b) Data collected pursuant to this section are nonpublic data, but may be
65.29disseminated to the individual's next of kin, and for ceremonial or honorary purposes to
65.30veterans' organizations, civic organizations, the news media, and researchers. No other
65.31use or dissemination of the data is permitted.
65.32 (c) The next of kin of a veteran whose data is collected may request that the data
65.33not be disseminated for any purpose. Upon receiving such a request, the Department of
65.34Veterans Affairs must exclude the deceased veteran's data from any data disseminated for
65.35ceremonial or honorary purposes as permitted by paragraph (b).
66.1 (d) Data collected pursuant to this section shall not be indicative of any person's
66.2status with regard to qualification for veterans benefits or other benefits.
66.3EFFECTIVE DATE.This section is effective the day following final enactment.
66.4 Sec. 13. Minnesota Statutes 2006, section 197.236, is amended to read:
66.5197.236
66.6 Subd. 3. Operation and maintenance. The commissioner of veterans affairs shall
66.7supervise and control the veterans
66.8cemeteries are to be maintained and operated in accordance with the operational standards
66.9and measures of the National Cemetery Administration. The commissioner may contract
66.10for the maintenance
66.11and support necessary for maintenance and operation of the
66.12included in the department's budget.
66.13 Subd. 5. Rules. The commissioner of veterans affairs may adopt rules regarding the
66.14operation of the
66.15upright granite markers supplied by the United States Department of Veterans Affairs be
66.16used to mark all gravesites.
66.17 Subd. 6. Permanent development and maintenance account. A veterans
66.18cemetery development and maintenance account is established in the special revenue
66.19fund of the state treasury. Receipts for burial fees,
66.20
66.21other cemetery receipts must be deposited into this account. The money in the account,
66.22including interest earned, is appropriated to the commissioner to be used for the
66.23development, operation, maintenance, and improvement of the
66.24To the extent practicable, the commissioner of veterans affairs must apply for available
66.25federal grants
66.26improve the cemeteries.
66.27
66.28
66.29
66.30
66.31
66.32
66.33 Subd. 8. Eligibility.
66.34
67.1solely for the burial of service members who die on active duty, eligible veterans, and
67.2their spouses and dependent children, as defined in United States Code, title 38, section
67.3101, paragraph (2).
67.4 Subd. 9. Burial fees. The commissioner of veterans affairs shall establish a fee
67.5schedule, which may be adjusted from time to time, for the interment of eligible
67.6
67.7the actual costs of interment, excluding the value of the plot.
67.8
67.9
67.10in the case of an indigent eligible person.
67.11 No plot or interment fees may be charged for the burial of
67.12
67.13
67.14
67.15service members who die on active duty or eligible veterans, as defined in United States
67.16Code, title 38, section 101, paragraph (2).
67.17
67.18
67.19
67.20
67.21
67.22
67.23
67.24
67.25
67.26
67.27 Subd. 11. Plot allowance claims. The commissioner of veterans affairs must apply
67.28to the Veterans Benefits Administration for a plot or interment allowance payable to the
67.29state for expenses incurred by the state in the burial of eligible veterans in cemeteries
67.30owned and operated by the state if the burial is performed at no cost to the veteran's
67.31next of kin.
67.32 Subd. 12. No staff. No staff may be hired for any new veterans cemetery without
67.33explicit legislative approval.
68.1 Sec. 14. Minnesota Statutes 2007 Supplement, section 197.791, subdivision 1, is
68.2amended to read:
68.3 Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this
68.4section.
68.5 (b) "Commissioner" means the commissioner of veterans affairs, unless otherwise
68.6specified.
68.7 (c) "Cost of attendance" for
68.8meaning given in section
68.9
68.10subdivision 6, multiplied by a factor of 1.2, using the tuition and fee maximum established
68.11by law for four-year programs
68.12
68.13the cost of attendance for graduate students, full time is eight credits or more per term or
68.14the equivalent.
68.15 (d) "Child" means a natural or adopted child of a person described in subdivision 4,
68.16paragraph (a), clause (1), item (i) or (ii).
68.17 (e) "Eligible institution" means a postsecondary institution under section
68.18subdivision 4, or a graduate school licensed or registered with the state of Minnesota
68.19serving only graduate students.
68.20 (f) "Program" means the Minnesota GI Bill program established in this section,
68.21unless otherwise specified.
68.22 (g) "Time of hostilities" means any action by the armed forces of the United States
68.23that is recognized by the issuance of a presidential proclamation or a presidential executive
68.24order in which the armed forces expeditionary medal or other campaign service medals
68.25are awarded according to presidential executive order, and any additional period or place
68.26that the commissioner determines and designates, after consultation with the United States
68.27Department of Defense, to be a period or place where the United States is in a conflict that
68.28places persons at such a risk that service in a foreign country during that period or in that
68.29place should be considered to be included.
68.30 (h) "Veteran" has the meaning given in section
68.31a service member who has received an honorable discharge after leaving each period of
68.32federal active duty service and has:
68.33 (1) served 90 days or more of federal active duty in a foreign country during a time
68.34of hostilities in that country; or
68.35 (2) been awarded any of the following medals:
68.36 (i) Armed Forces Expeditionary Medal;
69.1 (ii) Kosovo Campaign Medal;
69.2 (iii) Afghanistan Campaign Medal;
69.3 (iv) Iraq Campaign Medal;
69.4 (v) Global War on Terrorism Expeditionary Medal; or
69.5 (vi) any other campaign medal authorized for service after September 11, 2001; or
69.6
69.7foreign country during a time of hostilities in that country.
69.8A service member who has fulfilled the requirements for being a veteran under this
69.9paragraph but is still serving actively in the United States armed forces is also a veteran
69.10for the purposes of this section.
69.11 Sec. 15. Minnesota Statutes 2007 Supplement, section 197.791, subdivision 4, is
69.12amended to read:
69.13 Subd. 4. Eligibility. (a) A person is eligible for educational assistance under this
69.14section if:
69.15 (1) the person is:
69.16 (i) a veteran who is serving or has served honorably in any branch or unit of the
69.17United States armed forces at any time on or after September 11, 2001;
69.18 (ii) a nonveteran who has served honorably for a total of five years or more
69.19cumulatively as a member of the Minnesota National Guard or any other active or reserve
69.20component of the United States armed forces, and any part of that service occurred on or
69.21after September 11, 2001;
69.22 (iii) the surviving spouse or child of a person who has served in the military at any
69.23time on or after September 11, 2001, and who has died as a direct result of that military
69.24service; or
69.25 (iv) the spouse or child of a person who has served in the military at any time on or
69.26after September 11, 2001, and who has a total and permanent service-connected disability
69.27as rated by the United States Veterans Administration;
69.28
69.29
69.30
69.31
69.32defined in section
69.33
69.34 (i) is an undergraduate or graduate student at an eligible institution;
70.1 (ii) is maintaining satisfactory academic progress as defined by the institution for
70.2students participating in federal Title IV programs;
70.3 (iii) is enrolled in an education program leading to a certificate, diploma, or degree
70.4at an eligible institution;
70.5 (iv) has applied for educational assistance under this section prior to the end of the
70.6academic term for which the assistance is being requested;
70.7 (v) is in compliance with child support payment requirements under section
70.9 (vi)
70.10
70.11(FAFSA).
70.12 (b) A person's eligibility terminates when the person becomes eligible for benefits
70.13under section
70.14 (c) To determine eligibility, the commissioner may require official documentation,
70.15including the person's federal form DD-214 or other official military discharge papers;
70.16correspondence from the United States Veterans Administration; birth certificate; marriage
70.17certificate; proof of enrollment at an eligible institution; signed affidavits; proof of
70.18residency; proof of identity; or any other official documentation the commissioner
70.19considers necessary to determine eligibility.
70.20 (d) The commissioner may deny eligibility or terminate benefits under this section
70.21to any person who has not provided sufficient documentation to determine eligibility for
70.22the program. An applicant may appeal the commissioner's eligibility determination or
70.23termination of benefits in writing to the commissioner at any time. The commissioner
70.24must rule on any application or appeal within 30 days of receipt of all documentation that
70.25the commissioner requires. The decision of the commissioner regarding an appeal is final.
70.26However, an applicant whose appeal of an eligibility determination has been rejected by
70.27the commissioner may submit an additional appeal of that determination in writing to the
70.28commissioner at any time that the applicant is able to provide substantively significant
70.29additional information regarding the applicant's eligibility for the program. An approval
70.30of an applicant's eligibility by the commissioner following an appeal by the applicant is
70.31not retroactively effective for more than one year or the semester of the person's original
70.32application, whichever is later.
70.33 (e) Upon receiving an application with insufficient documentation to determine
70.34eligibility, the commissioner must notify the applicant within 30 days of receipt of the
70.35application that the application is being suspended pending receipt by the commissioner of
70.36sufficient documentation from the applicant to determine eligibility.
71.1 Sec. 16. Minnesota Statutes 2007 Supplement, section 197.791, subdivision 5, is
71.2amended to read:
71.3 Subd. 5. Benefit amount. (a) On approval by the commissioner of eligibility for
71.4the program, the applicant shall be awarded, on a funds-available basis, the educational
71.5assistance under the program for use at any time according to program rules at any
71.6eligible institution.
71.7 (b) The amount of educational assistance in any semester or term for an eligible
71.8person must be determined by subtracting from the eligible person's cost of attendance the
71.9amount the person received or was eligible to receive in that semester or term from:
71.10 (1) the federal Pell Grant;
71.11 (2) the state grant program under section
71.12 (3) any federal military or veterans educational benefits including but not limited
71.13to the Montgomery GI Bill, GI Bill Kicker, the federal tuition assistance program,
71.14vocational rehabilitation benefits, and any other federal benefits associated with the
71.15person's status as a veteran, except veterans disability payments from the United States
71.16Veterans Administration.
71.17 (c) The amount of educational assistance for any eligible person who is a full-time
71.18student must not exceed the following:
71.19 (1) $1,000 per semester or term of enrollment;
71.20 (2)
71.21 (3) $10,000 in a lifetime.
71.22For a part-time student, the amount of educational assistance must not exceed $500
71.23per semester or term of enrollment. For the purpose of this paragraph, a part-time
71.24undergraduate student is a student taking fewer than 12 credits or the equivalent for a
71.25semester or term of enrollment and a part-time graduate student is a student considered
71.26part time by the eligible institution the graduate student is attending. The minimum award
71.27for undergraduate and graduate students is $50 per term.
71.28 Sec. 17. Minnesota Statutes 2006, section 198.32, subdivision 1, is amended to read:
71.29 Subdivision 1. Resident's rights. A resident of a Minnesota veterans home has the
71.30right to complain and otherwise exercise freedom of expression and assembly which is
71.31guaranteed by amendment I of the United States Constitution. The administrator of the
71.32home shall inform each resident in writing at the time of admission of the right to complain
71.33to the administrator about home accommodations and services. A notice of the right to
71.34complain shall be posted in the home. The administrator shall also inform each resident of
71.35the right to complain to the
72.1of a home shall be encouraged and assisted, throughout the period of stay in the home, to
72.2understand and exercise the rights of freedom of expression and assembly as a resident
72.3and as a citizen, and, to this end, the resident may voice grievances and recommend
72.4changes in policies and services to home staff, other residents, and outside representatives
72.5of the resident's choice, free from restraint, interference, coercion, discrimination, or
72.6reprisal, including retaliatory eviction.
72.7 Sec. 18. RULES TRANSFER.
72.8 Minnesota Rules, chapter 9050, is transferred from the Veterans Homes Board of
72.9Directors to the commissioner of veterans affairs. The commissioner shall administer and
72.10enforce those rules and may amend or repeal them.
72.11 Sec. 19. APPOINTMENTS.
72.12 Notwithstanding Minnesota Statutes, section 196.30, subdivision 2, paragraph (d),
72.13the governor may make the initial appointments to the Veterans Health Care Advisory
72.14Council under Executive Order 07-20 without complying with the appointment process in
72.15Minnesota Statutes, section 15.0597.
72.16 Sec. 20. OMBUDSMAN FOR VETERANS HOME RESIDENTS.
72.17 The ombudsman required under Laws 2007, chapter 45, article 2, section 1,
72.18paragraph (j), must attend all meetings of the Veterans Health Care Advisory Council
72.19established in new Minnesota Statutes, section 196.30.
72.20EFFECTIVE DATE.This section is effective the day following final enactment.
72.21 Sec. 21. TRANSFER OF FUNDS IN VETERANS CEMETERY TRUST
72.22ACCOUNT.
72.23 Notwithstanding Minnesota Statutes, section 16A.62, on June 30, 2008, all money in
72.24the veterans cemetery trust account in the special revenue fund established in Minnesota
72.25Statutes, section 197.236, subdivision 7, must be transferred to the permanent development
72.26and maintenance account in the special revenue fund under Minnesota Statutes, section
72.27197.236, subdivision 6.
72.28 Sec. 22. STATE VETERANS CEMETERY STUDY.
72.29 The commissioner of veterans affairs shall evaluate the status of and need for
72.30additional veterans cemeteries in the state, including consideration of a new veterans
72.31cemetery in southern Minnesota. By January 15, 2009, the commissioner shall report
73.1the findings of the study to the chairs and ranking minority members of the legislative
73.2committees with jurisdiction over veterans policy and finance.
73.3 Sec. 23. PARTNERING IN DELIVERY OF VETERANS SERVICES.
73.4 The commissioner of veterans affairs must seek input from a broad range of
73.5experienced nongovernmental social service and health care providers, including both
73.6secular and faith-based service organizations, from throughout the state regarding the
73.7feasibility of public-private collaboration in providing services to Minnesota Veterans.
73.8The services may include home health care, psychological counseling, life-skills
73.9rehabilitation counseling, home hospice care, respite care, and other types of home-based
73.10health care as judged necessary by the commissioner to enable veterans to recover from
73.11service-connected injuries, illnesses, and disabilities. The commissioner must report to
73.12the legislature by January 15, 2009, with findings and recommendations for establishing
73.13the service-delivery partnerships.
73.14 Sec. 24. VETERANS AFFAIRS STRATEGIC PLANNING GROUP.
73.15 (a) By January 15, 2009, the Department of Veterans Affairs Strategic Planning
73.16Group shall report to the chairs and ranking minority members of the house and the
73.17senate committees with jurisdiction over veterans affairs policy and finance the group's
73.18recommendations for the Minnesota Veterans Home at Minneapolis, based on specific
73.19additional analysis of the projected capital, maintenance, and operating costs of that home,
73.20including an assessment of the feasibility of alternative operational models at that home
73.21or at alternative or additional state veterans home locations within the seven-county
73.22metropolitan area. The group must include the likelihood and projected amount of any
73.23cost-savings that could result from the demolition or remodeling and conversion of
73.24some of the infrastructure of the current campus for alternative uses and other pertinent
73.25items, such as:
73.26 (1) construction of rental housing for veterans and family members of veterans
73.27receiving medical care at the nearby US/VA Medical Center or other nearby medical
73.28institutions;
73.29 (2) conducting a land use study including a highest and best use analysis for the
73.30existing site and all improvements;
73.31 (3) investigating opportunities for public/private partnerships in strategic land
73.32use; and
73.33 (4) any other purpose judged feasible by the strategic planning group.
74.1 (b) When formulating the recommendations on the matters in paragraph (a), the
74.2Department of Veterans Affairs Strategic Planning Group must consult with the following
74.3individuals or their designees:
74.4 (1) the chairs and ranking minority members of the house and senate committees
74.5with jurisdiction over veterans affairs policy and finance;
74.6 (2) the president and legislative chairperson of the Minnesota Association of County
74.7Veterans Service Officers;
74.8 (3) the chair of the Commanders Task Force of Minnesota's congressionally
74.9chartered veterans service organizations;
74.10 (4) two members each from the Minnesota departments of the American Legion, the
74.11Veterans of Foreign Wars, and the Disabled American Veterans with at least one member
74.12from each organization coming from a rural area;
74.13 (5) the United Veterans Legislative Council;
74.14 (6) the Adjutant General of the Minnesota National Guard;
74.15 (7) the director of the Veterans Health Care Advisory Council;
74.16 (8) a representative from the United States Department of Veterans Affairs;
74.17 (9) representative residents of the Minnesota Veterans Homes and their families;
74.18 (10) representatives of the Minneapolis delegation in the Minnesota house and
74.19senate;
74.20 (11) representative residents of the Minnesota Veterans Home at Minneapolis and
74.21their families;
74.22 (12) the mayor of Minneapolis;
74.23 (13) the Minneapolis city planner;
74.24 (14) the chair of the Metropolitan Council;
74.25 (15) the director of the Minnesota Inter-County Association; and
74.26 (16) the director of the Association of Minnesota Counties.
74.27 Sec. 25. CONSTRUCTION PROJECT PRIORITY LISTING STATUS.
74.28 In accordance with completed predesign documents, veterans population surveys,
74.29and the 2008 department construction project priority listing, the commissioner of
74.30veterans affairs shall continue to plan, develop, and pursue federal funding and other
74.31resources for the construction of projects on the listing. In consultation with the Veterans
74.32Affairs Strategic Planning Group and the Veterans Health Care Advisory Council, the
74.33commissioner must consider possible options for treatment, including, but not limited to,
74.34traumatic brain injury, posttraumatic stress disorder, and psycho-geriatric care. By January
74.3515, 2009, the commissioner shall report to the chairs and ranking minority members of the
75.1legislative committees with jurisdiction over veterans homes policy and finance regarding
75.2the status of the department construction project priority listing and the activities required
75.3under this section.
75.4 Sec. 26. COUNTY VETERANS SERVICES WORKING GROUP.
75.5 Subdivision 1. Creation. The County Veterans Services Working Group shall
75.6consist of the following 13 members:
75.7 (1) two senators, including one member from the majority party and one member
75.8from the minority party, appointed by the Subcommittee on Committees of the Committee
75.9on Rules and Administration of the senate;
75.10 (2) two members of the house of representatives, one member from the majority
75.11party and one member from the minority party, appointed by the speaker of the house;
75.12 (3) the commissioner and two deputy commissioners of the Minnesota Department
75.13of Veterans Affairs (MDVA), or the commissioner's designees;
75.14 (4) the president, vice president, and legislative chair person of the Minnesota
75.15Association of County Veterans Service Officers (CVSOs);
75.16 (5) the chair of the Commanders Task Force of Minnesota's congressionally-chartered
75.17veterans service organizations, or the chair's designee;
75.18 (6) one person from the Minnesota Inter-County Association (MICA), as designated
75.19by the association board; and
75.20 (7) one person from the Association of Minnesota Counties (AMC), as designated
75.21by the association board.
75.22 Subd. 2. Duties. The working group must meet periodically to review the findings
75.23and recommendations of the 2008 report of the Office of the Legislative Auditor (OLA)
75.24on Minnesota's county veterans service offices, and make written recommendations to the
75.25legislature regarding whether and how each of that report's recommendations should be
75.26implemented. The working group may also provide additional recommendations on how
75.27to enhance the current services provided by the county veteran service offices.
75.28 The working group may suggest draft legislation for legislative consideration. By
75.29January 15, 2009, the working group must report its proposed recommendations to the
75.30chairs of the senate and house committees with jurisdiction over veterans affairs, state
75.31governmental operations, and local government affairs.
75.32 Subd. 3. Administrative provisions. (a) The commissioner of veterans affairs, or
75.33the commissioner's designee, must convene the initial meeting of the working group.
75.34Upon request of the working group, the commissioner must provide meeting space and
75.35administrative services for the group. The members of the working group must elect a
76.1chair or co-chairs from the legislative members of the working group at the initial meeting.
76.2Each subsequent meeting is at the call of the chair or co-chairs.
76.3 (b) Public members of the working group serve without special compensation or
76.4special payment of expenses from the working group.
76.5 (c) The working group expires on June 30, 2009, unless an extension is authorized
76.6by law by that date.
76.7 Subd. 4. Deadline for appointments and designations. The appointments and
76.8designations authorized by this section must be completed by August 1, 2008. The
76.9working group must convene its initial meeting no later than September 1, 2008.
76.10EFFECTIVE DATE.This section is effective the day following final enactment.
76.11 Sec. 27. STUDY OF VETERANS EMPLOYMENT IN STATE GOVERNMENT.
76.12 (a) By October 1, 2008, each appointing authority in the executive branch of state
76.13government, including the Minnesota State Colleges and Universities, must report to the
76.14commissioner of finance on the incidence of employment, recruitment, retention, and
76.15retirement of veterans in their nonelected workforce for fiscal year 2008. The report
76.16must be made in a manner approved by the commissioner, and for each separate hiring
76.17unit must include tabulation by age category and length of state employment in the
76.18executive branch, including the state college and university system. Each executive branch
76.19appointing authority must also report specific veteran employment data requested by the
76.20commissioner as of June 30, 2008, June 30, 2001, and an earlier date if judged feasible
76.21by the commissioner. By January 15, 2009, the commissioner must submit a report on
76.22the employment of veterans in the executive branch to the chairs of the house and senate
76.23policy and finance committees having jurisdiction over veterans affairs. The report must
76.24present and analyze the data obtained in this paragraph.
76.25 (b) By October 1, 2008, the judicial branch of state government must report to
76.26the chairs of the house and senate policy and finance committees having jurisdiction
76.27over veterans affairs the number of veterans employed in the judicial branch nonelective
76.28workforce on June 30, 2008, based on self-reporting of veteran status. For each separate
76.29hiring unit, the data must include tabulation by age category and length of state
76.30employment in the judicial branch.
76.31 (c) By October 1, 2008, the house of representatives, the senate, and the Legislative
76.32Coordinating Commission on behalf of joint legislative offices and commissions, must
76.33report to the chairs of the house and senate policy and finance committees having
76.34jurisdiction over veterans affairs the number of veterans employed in their nonelective
76.35workforce on June 30, 2008, based on self-reporting of veteran status. For each separate
77.1hiring unit, the data must include tabulation by age category and length of state
77.2employment in the legislative branch.
77.3 (d) For purposes of this section, "veteran" has the meaning given in Minnesota
77.4Statutes, section 197.447.
77.5EFFECTIVE DATE.This section is effective the day following final enactment.
77.6 Sec. 28. WORLD WAR II SERVICE MEDALLIONS; APPROPRIATION.
77.7 Subdivision 1. Medallions. By July 1, 2008, the commissioner of veterans
77.8affairs must notify veterans organizations that include veterans of World War II in their
77.9membership of the opportunity under this section for surviving individual veterans of
77.10World War II to obtain commemorative medallions recognizing their service in the
77.11United States armed forces during World War II. The commissioner shall establish the
77.12service criteria necessary to obtain a medallion and the cost of each medallion. Veterans
77.13organizations may collect and contribute money on behalf of their surviving individual
77.14members who meet the service criteria. No later than September 1, 2008, the organizations
77.15may submit the names of qualifying individuals and provide money to pay for the cost
77.16of the medallions to the commissioner. By October 15, 2008, the commissioner shall
77.17distribute the medallions to organizations for distribution to the qualifying individuals.
77.18 Subd. 2. Appropriation. Money received by the commissioner under this section is
77.19appropriated to the commissioner for the purposes of this section.
77.20 Sec. 29. REVISOR'S INSTRUCTION.
77.21 (a) The revisor shall change "board," "board of directors," or "Veterans Homes
77.22Board of Directors" to "commissioner" wherever it is used in Minnesota Statutes, sections
77.23198.003; 198.005; 198.006; 198.007; 198.022; 198.03; 198.05; 198.065; 198.066; 198.16;
77.24198.23; 198.261; 198.265; 198.266; 198.31; 198.33; 198.34; 198.35; 198.36; and 198.37;
77.25and shall change "board rules" to "rules adopted under this chapter" wherever it appears in
77.26Minnesota Statutes, sections 198.007 and 198.022.
77.27 (b) In Minnesota Rules, chapter 9050, the revisor shall:
77.28 (1) change the terms "executive director," "executive director of the board,"
77.29"executive director of the Veterans Homes Board," "Minnesota Veterans Homes Board,"
77.30and "board" to "commissioner of veterans affairs" except where the term "board" is used
77.31with a different meaning in Minnesota Rules, part 9050.0040, subpart 16;
77.32 (2) change the term "board-operated facility" to "facility operated by the
77.33commissioner of veterans affairs" and change the term "non-board-operated facility" to
77.34"facility not operated by the commissioner of veterans affairs";
78.1 (3) change the term "board-approved" to "approved by the commissioner of veterans
78.2affairs"; and
78.3 (4) eliminate the term "board" where it is used in the third paragraph of Minnesota
78.4Rules, part 9050.1070, subpart 9.
78.5 (c) The revisor shall change any of the terms in paragraph (a) or (b) to "commissioner
78.6of veterans affairs" if they are used to refer to the Veterans Homes Board of Directors or
78.7its executive director anywhere else in Minnesota Statutes or Minnesota Rules.
78.8 Sec. 30. REPEALER.
78.9Minnesota Statutes 2006, sections 190.17; 197.236, subdivisions 7 and 10; 198.001,
78.10subdivisions 6 and 9; 198.002, subdivisions 1, 3, and 6; 198.003, subdivisions 5 and 6;
78.11and 198.004, subdivision 2, and Minnesota Statutes 2007 Supplement, sections 198.002,
78.12subdivision 2; and 198.004, subdivision 1, are repealed.
78.13(b) Minnesota Rules, part 9050.0040, subpart 15, is repealed."
78.14Delete the title and insert:
78.16relating to the operation of state government; regulating, requiring, or changing
78.17certain provisions and programs related to agriculture; creating a livestock
78.18investment grant program; modifying pesticide and fertilizer regulation; changing
78.19certain payment provisions for certain agricultural chemical corrective action
78.20costs; changing certain food sanitary provisions; changing certain fee provisions;
78.21defining certain terms; regulating egg sales and handling; increasing the somatic
78.22cell count limit for goat milk; changing ethanol payment provisions; providing
78.23for control of bovine tuberculosis; adding a member to the NextGen Energy
78.24Board; modifying the expiration date for the NextGen Energy Board; establishing
78.25requirements for practicing animal chiropractic care; recognizing a Program
78.26for the Assessment of Veterinary Education Equivalence certification; limiting
78.27use of certain drugs; changing certain requirements; regulating prescription of
78.28veterinary drugs; changing ethanol blending provisions; modifying definition of
78.29biodiesel; increasing minimum biodiesel content; creating a tiered biodiesel
78.30content goal; requiring counties to consider natural heritage data in adopting
78.31or amending comprehensive plans; requiring local governments to consider
78.32comprehensive plans to limit development on agricultural, forest, wildlife,
78.33and open space land; establishing a task force; modifying 2007 appropriation
78.34language; creating an advisory council, a working group, and a planning group
78.35and requiring certain studies; changing certain provisions and programs related
78.36to veterans and members of the military; providing for certain medallions;
78.37transferring certain duties related to veterans homes; appropriating money;
78.38amending Minnesota Statutes 2006, sections 13.785, by adding a subdivision;
78.3918B.065, subdivisions 2, 7; 18B.07, subdivision 2; 18D.305, subdivision 2;
78.4018E.04, subdivision 2; 28A.03, by adding a subdivision; 28A.05; 28A.08;
78.4128A.082, by adding a subdivision; 28A.09, subdivision 1; 29.23; 31.05; 31.171;
78.4241A.09, subdivision 3a; 41D.01, subdivision 4; 97A.028, subdivision 3; 148.01,
78.43subdivision 1, by adding subdivisions; 156.001, by adding a subdivision; 156.02,
78.44subdivisions 1, 2; 156.04; 156.072, subdivision 2; 156.073; 156.12, subdivisions
78.452, 4, 6; 156.15, subdivision 2; 156.16, subdivisions 3, 10; 156.18, subdivisions 1,
78.462; 156.19; 168.1255, subdivisions 1, 3, by adding subdivisions; 192.20; 196.021;
78.47196.03; 197.236; 198.32, subdivision 1; 239.051, subdivision 15; 239.77, as
79.1amended; 239.7911, subdivision 2; 296A.01, subdivision 2; 394.232, subdivision
79.26; 462.355, subdivision 1; 462.357, by adding subdivisions; Minnesota Statutes
79.32007 Supplement, sections 18B.065, subdivisions 1, 2a; 18B.26, subdivision
79.43; 31.175; 41A.105; 197.791, subdivisions 1, 4, 5; 239.761, subdivision 4, by
79.5adding subdivisions; 296A.01, subdivisions 8a, 25; 394.23; Laws 2007, chapter
79.645, article 1, section 3, subdivisions 3, 4, 5; proposing coding for new law
79.7in Minnesota Statutes, chapters 17; 32; 148; 192; 196; 197; 394; repealing
79.8Minnesota Statutes 2006, sections 190.17; 197.236, subdivisions 7, 10; 198.001,
79.9subdivisions 6, 9; 198.002, subdivisions 1, 3, 6; 198.003, subdivisions 5, 6;
79.10198.004, subdivision 2; Minnesota Statutes 2007 Supplement, sections 198.002,
79.11subdivision 2; 198.004, subdivision 1; Minnesota Rules, part 9050.0040, subpart
79.1215."
We request the adoption of this report and repassage of the bill.Senate Conferees: (Signed) Jim Vickerman, Dan Skogen, Steve Dille, Steve Murphy, Sharon L. Erickson RopesHouse Conferees: (Signed) Al Juhnke, Mary Ellen Otremba, Lyle Koenen, Rod Hamilton, Karla Bigham