Minnesota Legislature
SF 3683
1st Unofficial Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.2relating to the operation of state government; making certain changes in
1.3agriculture, fuel, and veterans policy; establishing or changing certain programs,
1.4requirements, and procedures; regulating certain activities; establishing a
1.5planning group and a working group; appropriating money;amending Minnesota
1.6Statutes 2006, sections 13.785, by adding a subdivision; 18B.065, subdivisions
1.72, 7; 18B.07, subdivision 2; 18D.305, subdivision 2; 18E.04, subdivision 2;
1.828A.03, by adding a subdivision; 28A.08; 28A.082, by adding a subdivision;
1.928A.09, subdivision 1; 29.23; 31.05; 31.171; 41D.01, subdivision 4; 97A.028,
1.10subdivision 3; 148.01, subdivision 1, by adding subdivisions; 192.20; 192.32,
1.11by adding a subdivision; 196.021; 196.03; 197.236; 198.32, subdivision 1;
1.12239.051, subdivision 15; 239.77, as amended; 239.7911, subdivision 2; 296A.01,
1.13subdivision 2; 349.12, subdivision 3a; 609.115, by adding a subdivision;
1.14Minnesota Statutes 2007 Supplement, sections 18B.065, subdivisions 1, 2a;
1.1518B.26, subdivision 3; 31.175; 35.244; 41A.105, subdivision 2; 197.791,
1.16subdivisions 1, 4, 5; 239.761, subdivision 4, by adding subdivisions; 296A.01,
1.17subdivisions 8a, 25; Laws 2007, chapter 45, article 1, section 3, subdivisions 3,
1.184, 5; proposing coding for new law in Minnesota Statutes, chapters 17; 32; 148;
1.19192; 196; 197; repealing Minnesota Statutes 2006, sections 190.17; 197.236,
1.20subdivisions 7, 10; 198.001, subdivisions 6, 9; 198.002, subdivisions 1, 3, 6;
1.21198.003, subdivisions 5, 6; 198.004, subdivision 2; Minnesota Statutes 2007
1.22Supplement, sections 41A.105, subdivision 5; 198.002, subdivision 2; 198.004,
1.23subdivision 1; Minnesota Rules, part 9050.0040, subpart 15.
1.24BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.27 Section 1. [17.118] LIVESTOCK INVESTMENT GRANT PROGRAM.
1.28 Subdivision 1. Establishment. The commissioner may award a livestock investment
1.29grant to a person who raises livestock in this state equal to ten percent of the first $500,000
1.30of qualifying expenditures, provided the person makes qualifying expenditures of at least
2.1$4,000. The commissioner may award multiple livestock investment grants to a person
2.2over the life of the program as long as the cumulative amount does not exceed $50,000.
2.3 Subd. 2. Definitions. (a) For the purposes of this section, the terms defined in this
2.4subdivision have the meanings given them.
2.5 (b) "Livestock" means beef cattle, dairy cattle, swine, poultry, goats, mules, farmed
2.6cervidae, ratitae, bison, sheep, horses, and llamas.
2.7 (c) "Qualifying expenditures" means the amount spent for:
2.8 (1) the acquisition, construction, or improvement of buildings or facilities for the
2.9production of livestock or livestock products;
2.10 (2) the development of pasture for use by livestock including, but not limited to, the
2.11acquisition, development, or improvement of:
2.12 (i) lanes used by livestock returning from pasture to a central location;
2.13 (ii) watering systems for livestock on pasture including water lines and booster
2.14pumps well installations;
2.15 (iii) livestock stream crossing stabilization; and
2.16 (iv) fences; or
2.17 (3) the acquisition of equipment for livestock housing, confinement, feeding, and
2.18waste management including, but not limited to, the following:
2.19 (i) freestall barns;
2.20 (ii) watering facilities;
2.21 (iii) feed storage and handling equipment;
2.22 (iv) milking parlors;
2.23 (v) robotic equipment;
2.24 (vi) scales;
2.25 (vii) milk storage and cooling facilities;
2.26 (viii) bulk tanks;
2.27 (ix) computer hardware and software and associated equipment used to monitor
2.28the productivity and feeding of livestock;
2.29 (x) manure pumping and storage facilities;
2.30 (xi) swine farrowing facilities;
2.31 (xii) swine and cattle finishing barns;
2.32 (xiii) calving facilities;
2.33 (xiv) digesters;
2.34 (xv) equipment used to produce energy;
2.35 (xvi) on-farm processing facilities equipment;
2.36 (xvii) fences; and
3.1 (xviii) livestock pens and corrals and sorting, restraining, and loading chutes.
3.2 Except for qualifying pasture development expenditures under clause (2), qualifying
3.3expenditures only include amounts that are allowed to be capitalized and deducted under
3.4either section 167 or 179 of the Internal Revenue Code in computing federal taxable
3.5income. Qualifying expenditures do not include an amount paid to refinance existing debt.
3.6 (d) "Qualifying period" means, for a grant awarded during a fiscal year, that full
3.7calendar year of which the first six months precede the first day of the current fiscal year.
3.8For example, an eligible person who makes qualifying expenditures during calendar
3.9year 2008 is eligible to receive a livestock investment grant between July 1, 2008, and
3.10June 30, 2009.
3.11 Subd. 3. Eligibility. (a) To be eligible for a livestock investment grant, a person
3.12must:
3.13 (1) be a resident of Minnesota or an entity authorized to farm in this state under
3.14section 500.24, subdivision 3;
3.15 (2) be the principal operator of the farm;
3.16 (3) hold an appropriate feedlot registration; and
3.17 (4) apply to the commissioner on forms prescribed by the commissioner including a
3.18statement of the qualifying expenditures made during the qualifying period along with any
3.19proof or other documentation the commissioner may require.
3.20 (b) The $50,000 maximum grant applies at the entity level for partnerships, S
3.21corporations, C corporations, trusts, and estates as well as at the individual level. In the
3.22case of married individuals, the grant is limited to $50,000 for a married couple.
3.23 Subd. 4. Process. The commissioner shall review completed applications and
3.24award grants to eligible applicants in the order in which applications were received by
3.25the commissioner. The commissioner shall certify eligible applications up to the amount
3.26appropriated for a fiscal year. The commissioner must place any additional eligible
3.27applications on a waiting list and, notwithstanding subdivision 2, paragraph (c), give
3.28them priority during the next fiscal year. The commissioner shall notify in writing any
3.29applicant who applies for a grant and is ineligible under the provisions of this section
3.30as well as any applicant whose application is received or reviewed after the fiscal year
3.31funding limit has been reached.
3.32 Sec. 2. Minnesota Statutes 2007 Supplement, section 18B.065, subdivision 1, is
3.33amended to read:
3.34 Subdivision 1. Collection and disposal. The commissioner of agriculture shall
3.35establish and operate a program to collect and dispose of waste pesticides. The program
4.1must be made available toagriculture agricultural and residential pesticide end users
4.2whose waste generating activity occurs in this state.
4.3EFFECTIVE DATE.This section is effective July 1, 2008, and applies to all
4.4cooperative agreements entered into by the commissioner of agriculture and local units of
4.5government for waste pesticide collection and disposal after that date.
4.6 Sec. 3. Minnesota Statutes 2006, section 18B.065, subdivision 2, is amended to read:
4.7 Subd. 2. Implementation. (a) The commissioner may obtain a United States
4.8Environmental Protection Agency hazardous waste identification number to manage the
4.9waste pesticides collected.
4.10 (b) The commissioner may not limit the type and quantity of waste pesticides
4.11accepted for collection and may not assess pesticide end users for portions of the costs
4.12incurred.
4.13 Sec. 4. Minnesota Statutes 2007 Supplement, section 18B.065, subdivision 2a, is
4.14amended to read:
4.15 Subd. 2a. Disposal site requirement. (a) For agricultural waste pesticides, the
4.16commissioner must designate a place in each county of the state that is available at least
4.17everyother year for persons to dispose of unused portions of agricultural pesticides
4.18in accordance with subdivision 1. The commissioner shall consult with the person
4.19responsible for solid waste management and disposal in each county to determine an
4.20appropriate location and to advertise each collection event.
4.21 (b) For residential waste pesticides, the commissioner must provide periodic
4.22disposal opportunities each year in each county. As provided under subdivision 7, the
4.23commissioner may enter into agreements with county or regional solid waste management
4.24entities to provide these collections and shall provide these entities with funding for all
4.25costs incurred including, but not limited to, related supplies, transportation, advertising,
4.26and disposal costs as well as reasonable overhead costs.
4.27 (c) The person responsible for waste pesticide collections under paragraphs (a) and
4.28(b) shall record information on each waste pesticide product collected including, but not
4.29limited to, the product name, active ingredient or ingredients, and the quantity. The person
4.30must submit this information to the commissioner at least annually.
4.31EFFECTIVE DATE.This section is effective July 1, 2008, and applies to all
4.32cooperative agreements entered into by the commissioner of agriculture and local units of
4.33government for waste pesticide collection and disposal after that date.
5.1 Sec. 5. Minnesota Statutes 2006, section 18B.065, subdivision 7, is amended to read:
5.2 Subd. 7. Cooperative agreements. The commissioner may enter into cooperative
5.3agreements with state agencies and local units of government for administration of the
5.4waste pesticide collection program. The commissioner shall ensure that the program is
5.5carried out in all counties. If the commissioner cannot contract with another party to
5.6administer the program in a county, the commissioner shall perform collections according
5.7to the provisions of this section.
5.8 Sec. 6. Minnesota Statutes 2006, section 18B.07, subdivision 2, is amended to read:
5.9 Subd. 2. Prohibited pesticide use. (a) A person may not use, store, handle,
5.10distribute, or dispose of a pesticide, rinsate, pesticide container, or pesticide application
5.11equipment in a manner:
5.12 (1) that is inconsistent with a label or labeling as defined by FIFRA;
5.13 (2) that endangers humans, damages agricultural products, food, livestock, fish,
5.14or wildlife; or
5.15 (3) that will cause unreasonable adverse effects on the environment.
5.16 (b) A person may not direct a pesticide onto property beyond the boundaries of the
5.17target site. A pesticide application resulting in pesticide drift beyond the boundaries of
5.18the target site, whether intentional or not, is illegal. A person may not apply a pesticide
5.19resulting in damage to adjacent property.
5.20 (c) A person may not directly apply a pesticide on a human by overspray or target
5.21site spray, except when:
5.22 (1) the pesticide is intended for use on a human;
5.23 (2) the pesticide application is for mosquito control operations;
5.24 (3) the pesticide application is for control of gypsy moth, forest tent caterpillar,
5.25or other pest species, as determined by the commissioner, and the pesticide used is a
5.26biological agent; or
5.27 (4) the pesticide application is for a public health risk, as determined by the
5.28commissioner of health, and the commissioner of health, in consultation with the
5.29commissioner of agriculture, determines that the application is warranted based on
5.30the commissioner's balancing of the public health risk with the risk that the pesticide
5.31application poses to the health of the general population, with special attention to the
5.32health of children.
5.33 (d) For pesticide applications under paragraph (c), clause (2), the following
5.34conditions apply:
5.35 (1) no practicable and effective alternative method of control exists;
6.1 (2) the pesticide is among the least toxic available for control of the target pest; and
6.2 (3) notification to residents in the area to be treated is provided at least 24 hours
6.3before application through direct notification, posting daily on the treating organization's
6.4Web site, if any, and by sending a broadcast e-mail to those persons who request
6.5notification of such, of those areas to be treated by adult mosquito control techniques
6.6during the next calendar day. For control operations related to human disease, notice under
6.7this paragraph may be given less than 24 hours in advance.
6.8 (e) For pesticide applications under paragraph (c), clauses (3) and (4), the following
6.9conditions apply:
6.10 (1) no practicable and effective alternative method of control exists;
6.11 (2) the pesticide is among the least toxic available for control of the target pest; and
6.12 (3) notification of residents in the area to be treated is provided by direct notification
6.13and through publication in a newspaper of general circulation within the affected area.
6.14 (f) For purposes of this subdivision, "direct notification" may include mailings,
6.15public meetings, posted placards, neighborhood newsletters, or other means of contact
6.16designed to reach as many residents as possible. Public meetings held to meet this
6.17requirement for adult mosquito control, under paragraph (d), must be held within each
6.18city or town where the pesticide treatments are to be made, at a time and location that is
6.19convenient for residents of the area where the treatments will occur.
6.20 (g) A person may not apply a pesticide in a manner so as to expose a worker in an
6.21immediately adjacent, open field.
6.22 (h) Except for public health purposes, it is a violation of this chapter to apply for hire
6.23a pesticide to the incorrect site or to a site where an application has not been requested,
6.24ordered, or contracted for by the property owner or lawful manager or property manager
6.25of the site, notwithstanding that the application is done in a manner consistent with the
6.26label or labeling.
6.27 (i) Except for a pesticide application performed by a unit of government or its agent
6.28for maintenance purposes, it is illegal to apply a pesticide to a public right-of-way or to
6.29apply a pesticide on nearby property in a manner that results in the pesticide drifting onto
6.30a public right-of-way, whether the drift is intentional or not.
6.31 Sec. 7. Minnesota Statutes 2007 Supplement, section 18B.26, subdivision 3, is
6.32amended to read:
6.33 Subd. 3. Application fee. (a) A registrant shall pay an annual application fee for
6.34each pesticide to be registered, and this fee is set at 0.4 percent of annual gross sales
6.35within the state and annual gross sales of pesticides used in the state, with a minimum
7.1nonrefundable fee of $250. The registrant shall determine when and which pesticides
7.2are sold or used in this state. The registrant shall secure sufficient sales information of
7.3pesticides distributed into this state from distributors and dealers, regardless of distributor
7.4location, to make a determination. Sales of pesticides in this state and sales of pesticides
7.5for use in this state by out-of-state distributors are not exempt and must be included in the
7.6registrant's annual report, as required under paragraph (c), and fees shall be paid by the
7.7registrant based upon those reported sales. Sales of pesticides in the state for use outside
7.8of the state are exempt from the application fee in this paragraph if the registrant properly
7.9documents the sale location and distributors. A registrant paying more than the minimum
7.10fee shall pay the balance due by March 1 based on the gross sales of the pesticide by the
7.11registrant for the preceding calendar year. The fee for disinfectants and sanitizers shall be
7.12the minimum. The minimum fee is due by December 31 preceding the year for which
7.13the application for registration is made.The commissioner shall spend at least $400,000,
7.14not including the commissioner's administrative costs, per fiscal year from the pesticide
7.15regulatory account for the purposes of the waste pesticide collection program. In each
7.16fiscal year, the commissioner shall allocate from the pesticide regulatory account a sum
7.17sufficient to collect and dispose of waste pesticides under section 18B.065. However,
7.18notwithstanding section 18B.065, if at the end of any fiscal year the balance in the pesticide
7.19regulatory account is less than $1,000,000, the commissioner may suspend waste pesticide
7.20collections or provide partial payment to a person for waste pesticide collection. The
7.21commissioner must notify as soon as possible and no later than August 1 a person under
7.22contract to collect waste pesticides of an anticipated suspension or payment reduction.
7.23 (b) An additional fee of $100 must be paid by the applicant for each pesticide to be
7.24registered if the application is a renewal application that is submitted after December 31.
7.25 (c) A registrant must annually report to the commissioner the amount and type of
7.26each registered pesticide sold, offered for sale, or otherwise distributed in the state. The
7.27report shall be filed by March 1 for the previous year's registration. The commissioner
7.28shall specify the form of the report and require additional information deemed necessary
7.29to determine the amount and type of pesticides annually distributed in the state. The
7.30information required shall include the brand name, amount, and formulation of each
7.31pesticide sold, offered for sale, or otherwise distributed in the state, but the information
7.32collected, if made public, shall be reported in a manner which does not identify a specific
7.33brand name in the report.
7.34 (d) A registrant who is required to pay more than the minimum fee for any pesticide
7.35under paragraph (a) must pay a late fee penalty of $100 for each pesticide application fee
7.36paid after March 1 in the year for which the license is to be issued.
8.1EFFECTIVE DATE.This section is effective July 1, 2008, and applies to all
8.2cooperative agreements entered into by the commissioner of agriculture and local units of
8.3government for waste pesticide collection and disposal after that date.
8.4 Sec. 8. Minnesota Statutes 2006, section 18D.305, subdivision 2, is amended to read:
8.5 Subd. 2. Revocation and suspension. (a) The commissioner may, after written
8.6notice and hearing, revoke, suspend, or refuse to grant or renew a registration, permit,
8.7license, or certification if a person violates a provision of this chapter or has a history
8.8within the last three years of violations of this chapter.
8.9 (b) The commissioner may refuse to accept an application for a registration, permit,
8.10license, or certification, and may revoke or suspend a previously issued registration,
8.11permit, license, or certification of a person from another state if that person has:
8.12 (1) had a registration, permit, license, or certification denied, revoked, or suspended
8.13by another state for an offense reasonably related to the requirements, qualifications, or
8.14duties of a registration, permit, license, or certification issued under chapter 18B or 18C; or
8.15 (2) been convicted of a violation, had a history of violations, or been subject to a
8.16final order imposing civil penalties authorized under the Federal Insecticide, Fungicide
8.17and Rodenticide Act (FIFRA), as amended.
8.18 Sec. 9. Minnesota Statutes 2006, section 18E.04, subdivision 2, is amended to read:
8.19 Subd. 2. Payment of corrective action costs. (a) On request by an eligible person,
8.20the board may pay the eligible person for the reasonable and necessary cash disbursements
8.21for corrective action costs incurred by the eligible person as provided under subdivision 4
8.22if the board determines:
8.23 (1) the eligible person pays the first $1,000 of the corrective action costs;
8.24 (2) the eligible person provides the board with a sworn affidavit and other convincing
8.25evidence that the eligible person is unable to pay additional corrective action costs;
8.26 (3) the eligible person continues to assume responsibility for carrying out the
8.27requirements of corrective action orders issued to the eligible person or that are in effect;
8.28 (4) the incident was reported as required in chapters 18B, 18C, and 18D; and
8.29 (5) the eligible person submits an application for payment or reimbursement to the
8.30department, along with associated invoices, within three years of (i)incurring eligible
8.31corrective action costs performance of the eligible work, or (ii) approval of a the related
8.32corrective action design or plan for that work, whichever is later.
8.33 (b) The eligible person must submit an application for payment or reimbursement of
8.34eligible cost incurred prior to July 1, 2001, no later than June 1, 2004.
9.1 (c) An eligible person is not eligible for payment or reimbursement and must refund
9.2amounts paid or reimbursed by the board if false statements or misrepresentations are
9.3made in the affidavit or other evidence submitted to the commissioner to show an inability
9.4to pay corrective action costs.
9.5 (d) The board may pay the eligible person and one or more designees by multiparty
9.6check.
9.7 Sec. 10. Minnesota Statutes 2006, section 28A.03, is amended by adding a subdivision
9.8to read:
9.9 Subd. 10. Vending machine. "Vending machine" means a self-service device that,
9.10upon insertion of a coin, paper currency, token, card, or key, dispenses unit servings of
9.11food in bulk or in packages without the necessity of replenishing the device between
9.12each vending operation.
9.13 Sec. 11. Minnesota Statutes 2006, section 28A.08, is amended to read:
9.1428A.08 LICENSE FEES; PENALTIES.
9.15 Subdivision 1. General. License fees, penalties for late renewal of licenses, and
9.16penalties for not obtaining a license before conducting business in food handling that are
9.17set in this section apply to the sections named except as provided under section28A.09 .
9.18Except as specified herein, bonds and assessments based on number of units operated or
9.19volume handled or processed which are provided for in said laws shall not be affected,
9.20nor shall any penalties for late payment of said assessments, nor shall inspection fees, be
9.21affected by this chapter. The penalties may be waived by the commissioner. Fees for all
9.22new licenses must be based on the anticipated future gross annual food sales. If a firm is
9.23found to be operating for multiple years without paying license fees, the state may collect
9.24the appropriate fees and penalties for each year of operation.
9.25 Subd. 3. Fees effective July 1, 2003.
12.48 Sec. 12. Minnesota Statutes 2006, section 28A.082, is amended by adding a
12.49subdivision to read:
13.1 Subd. 3. Disaster areas. If the governor declares a disaster in an area of the
13.2state, the commissioner of agriculture may waive the plan review fee and direct agency
13.3personnel to expedite the plan review process.
13.4 Sec. 13. Minnesota Statutes 2006, section 28A.09, subdivision 1, is amended to read:
13.5 Subdivision 1. Annual fee; exceptions. Everycoin-operated food vending machine
13.6is subject to an annual state inspection fee of $25 for each nonexempt machine except
13.7nut vending machines which are subject to an annual state inspection fee of $10 for each
13.8machine, provided that:
13.9 (a) Food vending machines may be inspected by either a home rule charter or
13.10statutory city, or a county, but not both, and if inspected by a home rule charter or statutory
13.11city, or a county they shall not be subject to the state inspection fee, but the home rule
13.12charter or statutory city, or the county may impose an inspection or license fee of no more
13.13than the state inspection fee. A home rule charter or statutory city or county that does
13.14not inspect food vending machines shall not impose a food vending machine inspection
13.15or license fee.
13.16 (b) Vending machines dispensing only gum balls, hard candy, unsorted candy, or ice
13.17manufactured and packaged by anothershall be, and water dispensing machines serviced
13.18by a cashier, are exempt from the state inspection fee, but may be inspected by the state. A
13.19home rule charter or statutory city may impose by ordinance an inspection or license fee
13.20of no more than the state inspection fee for nonexempt machines on the vending machines
13.21and water dispensing machines described in this paragraph. A county may impose
13.22by ordinance an inspection or license fee of no more than the state inspection fee for
13.23nonexempt machines on the vending machines and water dispensing machines described
13.24in this paragraph which are not located in a home rule charter or statutory city.
13.25 (c) Vending machines dispensing only bottled or canned soft drinks are exempt from
13.26the state, home rule charter or statutory city, and county inspection fees, but may be
13.27inspected by the commissioner or the commissioner's designee.
13.28 Sec. 14. Minnesota Statutes 2006, section 29.23, is amended to read:
13.2929.23 GRADING.
13.30 Subdivision 1. Grades, weight classes and standards for quality. All eggs
13.31purchased on the basis of grade by the first licensed buyer shall be graded in accordance
13.32with grade and weight classes established by the commissioner. The commissioner shall
13.33establish, by rule, and from time to time, may amend or revise, grades, weight classes,
13.34and standards for quality. When grades, weight classes, and standards for quality have
14.1been fixed by the secretary of the Department of Agriculture of the United States, they
14.2may must be accepted and published by the commissioner as definitions or standards for
14.3eggs in interstate and intrastate commerce.
14.4 Subd. 2. Equipment. The commissioner shall also by rule provide for minimum
14.5plant and equipment requirements for candling, grading, handling and storing eggs, and
14.6shall define candling. Equipment in use by a wholesale food handler before July 1, 1991,
14.7that does not meet the design and fabrication requirements of this chapter may remain in
14.8use if it is in good repair, capable of being maintained in a sanitary condition, and capable
14.9of maintaining a temperature of 45 degrees Fahrenheit (7 degrees Celsius) or less.
14.10 Subd. 3. Egg temperature. Eggs must be held at a temperature not to exceed 45
14.11degrees Fahrenheit (7 degrees Celsius) after being received by the egg handler except for
14.12cleaning, sanitizing, grading, and further processing when they must immediately be
14.13placed under refrigeration that is maintained at 45 degrees Fahrenheit (7 degrees Celsius)
14.14or below. Eggs offered forretail sale by a retail food handler must be held at a temperature
14.15not to exceed45 41 degrees Fahrenheit (7 degrees Celsius). Equipment in use prior to
14.16August 1, 1991, is not subject to this requirement. Shell eggs that have been frozen must
14.17not be offered for sale except as approved by the commissioner.
14.18 Subd. 4. Vehicle temperature. A vehicle usedfor the transportation of to transport
14.19shell eggs from a warehouse, retail store, candling and grading facility, or egg holding
14.20facility must have an ambient air temperature of 45 degrees Fahrenheit (7 degrees Celsius)
14.21or below.
14.22 Sec. 15. Minnesota Statutes 2006, section 31.05, is amended to read:
14.2331.05 EMBARGOES AND CONDEMNATIONS.
14.24 Subdivision 1. Definitions. As used in this section, "animals" means cattle; swine;
14.25sheep; goats; poultry; farmed cervidae, as defined in section 35.153, subdivision 3;
14.26llamas, as defined in section 17.455, subdivision 2; ratitae, as defined in section 17.453,
14.27subdivision 3; equines; and other large domesticated animals.
14.28 Subd. 1a. Tag or notice. A duly authorized agent of the commissioner who finds or
14.29has probable cause to believe that any food, animal, or consumer commodity is adulterated
14.30or so misbranded as to be dangerous or fraudulent, or is in violation of section31.131
14.31shall affix to such article or animal a tag or other appropriate marking giving notice that
14.32such article or animal is, or is suspected of being, adulterated or misbranded and has
14.33been detained or embargoed, and warning all persons not to remove or dispose of such
14.34article or animal by sale or otherwise until permission for removal or disposal is given by
15.1such agent or the court. It shall be unlawful for any person to remove or dispose of such
15.2detained or embargoed article or animal by sale or otherwise without such permission.
15.3 Subd. 2. Action for condemnation. When an article or animal detained or
15.4embargoed under subdivision 1 has been found by such agent to be adulterated, or
15.5misbranded, the agent shall petition the district court in the county in which the article or
15.6animal is detained or embargoed for an order and decree for the condemnation of such
15.7article or animal. Any such agent who has found that an article or animal so detained or
15.8embargoed is not adulterated or misbranded, shall remove the tag or other marking.
15.9 Subd. 3. Remedies. If the court finds that a detained or embargoed article or animal
15.10is adulterated or misbranded, such article or animal shall, after entry of the decree, be
15.11destroyed at the expense of the claimant thereof, under the supervision of such agent, and
15.12all court costs and fees, and storage and other proper expenses, shall be taxed against
15.13the claimant of such article or animal or the claimant's agent; provided, that when the
15.14adulteration or misbranding can be corrected by proper labeling or processing of the article
15.15or animal, the court, after entry of the decree and after such costs, fees, and expenses have
15.16been paid and a good and sufficient bond, conditioned that such article or animal shall be
15.17so labeled or processed, has been executed, may by order direct that such article or animal
15.18be delivered to claimant thereof for such labeling or processing under the supervision of
15.19an agent of the commissioner. The expense of such supervision shall be paid by claimant.
15.20The article or animal shall be returned to the claimant and the bond shall be discharged on
15.21the representation to the court by the commissioner that the article or animal is no longer
15.22in violation and that the expenses of such supervision have been paid.
15.23 Subd. 4. Duties of commissioner. Whenever the commissioner or any of the
15.24commissioner's authorized agents shall find in any room, building, vehicle of transportation
15.25or other structure, any meat, seafood, poultry, vegetable, fruit, or other perishable articles
15.26of food which are unsound, or contain any filthy, decomposed, or putrid substance, or that
15.27may be poisonous or deleterious to health or otherwise unsafe, the same being hereby
15.28declared to be a nuisance, the commissioner, or the commissioner's authorized agent, shall
15.29forthwith condemn or destroy the same, or in any other manner render the same unsalable
15.30as human food, and no one shall have any cause of action against the commissioner or the
15.31commissioner's authorized agent on account of such action.
15.32 Subd. 5. Emergency response. In the event of an emergency declared by the
15.33governor's order under section12.31 , if the commissioner finds or has probable cause to
15.34believe thata livestock, food, or a consumer commodity within a specific area is likely
15.35to be adulterated because of the emergency or so misbranded as to be dangerous or
15.36fraudulent, or is in violation of section31.131, subdivision 1 , the commissioner may
16.1embargo a geographic area that is included in the declared emergency. The commissioner
16.2shall provide notice to the public and to those with custody of the product in as thorough a
16.3manner as is practical under the emergency circumstances.
16.4 Sec. 16. Minnesota Statutes 2006, section 31.171, is amended to read:
16.531.171 EMPLOYMENT OF DISEASED PERSON.
16.6 It shall be unlawful for any person to work in or about any place where any fruit
16.7or any food products are manufactured, packed, stored, deposited, collected, prepared,
16.8produced or sold, whose condition is such that disease may be spread to associates direct,
16.9or through the medium of milk, cream, butter, other food or food products, likely to be
16.10eaten without being cooked after handling, whether such condition be due to a contagious,
16.11or infectious, or venereal disease, in its active or convalescent stage, or to the presence of
16.12disease germs, whether accompanied by, or without, any symptoms of the disease itself.
16.13 It shall be the duty of the commissioner, or the commissioner's assistant, inspector, or
16.14agent, to report to the state commissioner of health for investigation, any person suspected
16.15to be dangerous to the public health, as provided for in this section, and immediately to
16.16exclude such person from such employment pending investigation and during the period
16.17of infectiousness, if such person is certified by the state commissioner of health, or an
16.18authorized agent, to be dangerous to the public health.
16.19 Sec. 17. Minnesota Statutes 2007 Supplement, section 31.175, is amended to read:
16.2031.175 WATER, PLUMBING, AND SEWAGE.
16.21 A person who is required by statutes administered by the Department of Agriculture,
16.22or by rules adopted pursuant to those statutes, to provide a suitable water supply,
16.23or plumbing or sewage disposal system, may shall not engage in the business of
16.24manufacturing, processing, selling, handling, or storing food at wholesale or retail
16.25unless the person's water supply is satisfactoryunder plumbing codes pursuant to rules
16.26adopted by the Department of Health, the person's plumbing is satisfactory pursuant to
16.27rules adopted by the Department of Labor and Industry, and the person's sewage disposal
16.28system satisfies the rules of the Pollution Control Agency.
16.29 Sec. 18. [32.416] SOMATIC CELL COUNT, GOAT MILK.
16.30 Notwithstanding any federal standard incorporated by reference in this chapter, the
16.31maximum allowable somatic cell count for raw goat milk is 1,500,000 cells per milliliter.
17.1 Sec. 19. Minnesota Statutes 2007 Supplement, section 35.244, is amended to read:
17.235.244RULES FOR CONTROL OF BOVINE TUBERCULOSIS.
17.3 Subdivision 1. Designation of zones. The board has the authority to control
17.4tuberculosis and the movement of cattle, bison, goats, and farmed cervidae within and
17.5between tuberculosis zones in the state. Zones within the state may be designated
17.6as accreditation preparatory, modified accredited, modified accredited advanced, or
17.7accredited free as those terms are defined in Code of Federal Regulations, title 9, part 77.
17.8 Subd. 2. Control within modified accredited zone. In a modified accredited
17.9zone, the board has the authority to:
17.10 (1) require owners of cattle, bison, goats, or farmed cervidae to report personal
17.11contact information and location of livestock to the board;
17.12 (2) require a permit or movement certificates for all cattle, bison, goats, and farmed
17.13cervidae moving between premises within the zone or leaving or entering the zone;
17.14 (3) require official identification of all cattle, bison, goats, and farmed cervidae
17.15within the zone or leaving or entering the zone;
17.16 (4) require a negative tuberculosis test within 60 days prior to movement for any
17.17individual cattle, bison, goats, or farmed cervidae leaving the zone with the exception of
17.18cattle moving under permit directly to a slaughter facility under state or federal inspection;
17.19 (5) require a whole-herd tuberculosis test within 12 months prior to moving breeding
17.20cattle out of the zone;
17.21 (6) require annual herd inventories on all cattle, bison, goat, or farmed cervidae
17.22herds;
17.23 (7) require that a risk assessment be performed to evaluate the interaction of
17.24free-ranging deer with cattle, bison, goat, and farmed cervidae herds and require the owner
17.25to implement the recommendations of the risk assessment; and
17.26 (8) provide financial assistance to a person who fences a cattle feeding area.
17.27 Subd. 3. Authority to adopt rules. The board may adopt rules to provide for the
17.28control of tuberculosis in cattle. The rules may include provisions for quarantine, tests,
17.29and such other measures as the board deems appropriate. Federal regulations, as provided
17.30by Code of Federal Regulations, title 9, part 77, and the Bovine Tuberculosis Eradication
17.31Uniform Methods and Rules, are incorporated as part of the rules in this state.
17.32EFFECTIVE DATE.This section is effective the day following final enactment.
17.33 Sec. 20. Minnesota Statutes 2007 Supplement, section 41A.105, subdivision 2, is
17.34amended to read:
18.1 Subd. 2. NextGen Energy Board. There is created a NextGen Energy Board
18.2consisting of the commissioners of agriculture, commerce, natural resources, the Pollution
18.3Control Agency, and employment and economic development; the chairs of the house and
18.4senate committees with jurisdiction over energy finance; the chairs of the house and senate
18.5committees with jurisdiction over agriculture finance; one member of the second largest
18.6political party in the house, as appointed by the chairs of the house committees with
18.7jurisdiction over agriculture finance and energy finance; one member of the second largest
18.8political party in the senate, as appointed by the chairs of the senate committees with
18.9jurisdiction over agriculture finance and energy finance; and the executive director of the
18.10Agricultural Utilization Research Institute. In addition, the governor shall appointseven
18.11eight members: two representing statewide agriculture organizations; two representing
18.12statewide environment and natural resource conservation organizations; one representing
18.13the University of Minnesota; one representing the Minnesota Institute for Sustainable
18.14Agriculture;and one representing the Minnesota State Colleges and Universities system;
18.15and one representing the forest products industry.
18.16 Sec. 21. Minnesota Statutes 2006, section 41D.01, subdivision 4, is amended to read:
18.17 Subd. 4. Expiration. This section expires on June 30,2008 2013.
18.18EFFECTIVE DATE.This section is effective the day following final enactment.
18.19 Sec. 22. Minnesota Statutes 2006, section 97A.028, subdivision 3, is amended to read:
18.20 Subd. 3. Emergency deterrent materials assistance. (a) For the purposes of this
18.21subdivision, "cooperative damage management agreement" means an agreement between
18.22a landowner or tenant and the commissioner that establishes a program for addressing the
18.23problem of destruction of the landowner's or tenant's specialty crops or stored forage crops
18.24by wild animals, or destruction of agricultural crops by flightless Canada geese.
18.25 (b) A landowner or tenant may apply to the commissioner for emergency deterrent
18.26materials assistance in controlling destruction of the landowner's or tenant's specialty
18.27crops or stored forage crops by wild animals, or destruction of agricultural crops by
18.28flightless Canada geese. Subject to the availability of money appropriated for this purpose,
18.29the commissioner shall provide suitable deterrent materials when the commissioner
18.30determines that:
18.31 (1) immediate action is necessary to prevent significant damage from continuing
18.32or to prevent the spread of bovine tuberculosis; and
18.33 (2) a cooperative damage management agreement cannot be implemented
18.34immediately.
19.1 (c) A person may receive emergency deterrent materials assistance under this
19.2subdivision more than once, but the cumulative total value of deterrent materials provided
19.3to a person, or for use on a parcel, may not exceed $3,000 for specialty crops,$5,000 for
19.4measures to prevent the spread of bovine tuberculosis within a five-mile radius of a cattle
19.5herd that is infected with bovine tuberculosis as determined by the Board of Animal
19.6Health, $750 for protecting stored forage crops, or $500 for agricultural crops damaged by
19.7flightless Canada geese. If a person is a co-owner or cotenant with respect to the specialty
19.8crops for which the deterrent materials are provided, the deterrent materials are deemed to
19.9be "provided" to the person for the purposes of this paragraph.
19.10 (d) As a condition of receiving emergency deterrent materials assistance under this
19.11subdivision, a landowner or tenant shall enter into a cooperative damage management
19.12agreement with the commissioner. Deterrent materials provided by the commissioner may
19.13include repellents, fencing materials, or other materials recommended in the agreement
19.14to alleviate the damage problem. If requested by a landowner or tenant, any fencing
19.15materials provided must be capable of providing long-term protection of specialty crops.
19.16A landowner or tenant who receives emergency deterrent materials assistance under
19.17this subdivision shall comply with the terms of the cooperative damage management
19.18agreement.
19.19 Sec. 23. Minnesota Statutes 2006, section 148.01, subdivision 1, is amended to read:
19.20 Subdivision 1. Definitions. For the purposes of sections148.01 to
148.10 ,:
19.21 (1) "chiropractic" is defined as the science of adjusting any abnormal articulations of
19.22the human body, especially those of the spinal column, for the purpose of giving freedom
19.23of action to impinged nerves that may cause pain or deranged function; and
19.24 (2) "animal chiropractic diagnosis and treatment" means treatment that includes
19.25identifying and resolving vertebral subluxation complexes, spinal manipulation, and
19.26manipulation of the extremity articulations of nonhuman vertebrates. Animal chiropractic
19.27diagnosis and treatment does not include:
19.28 (i) performing surgery;
19.29 (ii) dispensing or administering of medications; or
19.30 (iii) performing traditional veterinary care and diagnosis.
19.31 Sec. 24. Minnesota Statutes 2006, section 148.01, is amended by adding a subdivision
19.32to read:
20.1 Subd. 1a. Animal chiropractic practice. A licensed chiropractor may engage in
20.2the practice of animal chiropractic diagnosis and treatment if registered to do so by the
20.3board, and the animal has been referred to the chiropractor by a veterinarian.
20.4 Sec. 25. Minnesota Statutes 2006, section 148.01, is amended by adding a subdivision
20.5to read:
20.6 Subd. 1b. Scope of practice; animal chiropractic. Criteria for registration
20.7to engage in the practice of animal chiropractic diagnosis and treatment must be set
20.8by the board, and must include, but are not limited to: active chiropractic license;
20.9education and training in the field of animal chiropractic from an American Veterinary
20.10Chiropractic Association, International Veterinary Chiropractic Association, or higher
20.11institution-approved course consisting of no less than 210 hours, meeting continuing
20.12education requirements; and other conditions and rules set by the board. The board
20.13shall consult with the State Board of Veterinary Medicine in preparing proposed rules
20.14on animal chiropractic.
20.15 Sec. 26. Minnesota Statutes 2006, section 148.01, is amended by adding a subdivision
20.16to read:
20.17 Subd. 1c. Titles. Notwithstanding the limitations established in section 156.12,
20.18subdivision 4, a doctor of chiropractic properly registered to provide chiropractic care to
20.19animals in accordance with this chapter and rules of the board may use the title "animal
20.20chiropractor."
20.21 Sec. 27. Minnesota Statutes 2006, section 148.01, is amended by adding a subdivision
20.22to read:
20.23 Subd. 1d. Provisional interim statute. Upon approval by the board, a licensed
20.24chiropractor who has already taken and passed the education and training requirement
20.25set forth in subdivision 1b may engage in the practice of animal chiropractic during the
20.26time that the rules are being promulgated by the board. Enforcement actions may not
20.27be taken against persons who have completed the approved program of study by the
20.28American Veterinary Chiropractic Association or the International Veterinary Chiropractic
20.29Association until the rules have been adopted by the board.
20.30 Sec. 28. [148.032] EDUCATIONAL CRITERIA FOR LICENSURE IN ANIMAL
20.31CHIROPRACTIC DIAGNOSIS AND TREATMENT; RECORDS; TREATMENT
20.32NOTES.
21.1 (a) The following educational criteria must be applied to any licensed chiropractor
21.2who requests registration in animal chiropractic diagnosis and treatment. The criteria must
21.3include education and training in the following subjects:
21.4 (1) anatomy;
21.5 (2) anatomy laboratory;
21.6 (3) biomechanics and gait;
21.7 (4) chiropractic educational basics;
21.8 (5) animal chiropractic diversified adjusting technique, including:
21.9 (i) lecture cervical;
21.10 (ii) thoracic;
21.11 (iii) lumbosacral;
21.12 (iv) pelvic; and
21.13 (v) extremity;
21.14 (6) animal chiropractic diversified adjusting technique, including:
21.15 (i) laboratory cervical;
21.16 (ii) thoracic;
21.17 (iii) lumbosacral;
21.18 (iv) pelvic; and
21.19 (v) extremity;
21.20 (7) case management and case studies;
21.21 (8) chiropractic philosophy;
21.22 (9) ethics and legalities;
21.23 (10) neurology, neuroanatomy, and neurological conditions;
21.24 (11) pathology;
21.25 (12) radiology;
21.26 (13) research in current chiropractic and veterinary topics;
21.27 (14) rehabilitation, current topics, evaluation, and assessment;
21.28 (15) normal foot anatomy and normal foot care;
21.29 (16) saddle fit and evaluation, lecture, and laboratory;
21.30 (17) veterinary educational basics;
21.31 (18) vertebral subluxation complex; and
21.32 (19) zoonotic diseases.
21.33 (b) A licensed chiropractor requesting registration in animal chiropractic diagnosis
21.34and treatment must have completed and passed a course of study from an American
21.35Veterinary Chiropractic Association, International Veterinary Chiropractic Association, or
22.1higher institution-approved program, consisting of no less than 210 hours of education
22.2and training as set forth in paragraph (a).
22.3 (c) A licensed chiropractor engaged in the practice of animal chiropractic diagnosis
22.4and treatment must maintain complete and accurate records and patient files in the
22.5chiropractor's office for at least three years.
22.6 (d) A licensed chiropractor engaged in the practice of animal chiropractic diagnosis
22.7and treatment must make treatment notes and records available to the patient's owner
22.8upon request and must communicate their findings and treatment plan with the referring
22.9veterinarian if requested by the patient's owner.
22.10 (e) A licensed chiropractor who treats both animal and human patients in the same
22.11facility must post a conspicuous sign in the reception area of that facility informing
22.12customers that nonhuman patients are treated on the premises.
22.13 Sec. 29. [148.033] ANIMAL CHIROPRACTIC CONTINUING EDUCATION
22.14HOURS.
22.15 Any chiropractor engaged in the practice of animal chiropractic diagnosis and
22.16treatment applying for renewal of a registration related to animal chiropractic diagnosis
22.17and treatment must have completed a minimum of six hours annually of continuing
22.18education in animal chiropractic diagnosis and treatment, in addition to the required 20
22.19hours annually of continuing education in human chiropractic under this chapter. The
22.20continuing education course attended for purposes of complying with this section must be
22.21approved by the board prior to attendance by the chiropractor.
22.22 Sec. 30. [148.035] SEPARATE TREATMENT ROOM REQUIRED.
22.23 A licensed chiropractor who provides animal chiropractic treatment in the same
22.24facility where human patients are treated, shall maintain a separate noncarpeted room for
22.25the purpose of adjusting animals. The table and equipment used for animals shall not be
22.26used for human patients.
22.27 Sec. 31. Laws 2007, chapter 45, article 1, section 3, subdivision 3, is amended to read:
22.30$186,000 the first year and $186,000 the
22.31second year are for transfer to the Minnesota
22.32grown account and may be used as grants
22.33for Minnesota grown promotion under
23.1Minnesota Statutes, section17.102 . Grants
23.2may be made for one year. Notwithstanding
23.3Minnesota Statutes, section16A.28 , the
23.4appropriations encumbered under contract on
23.5or before June 30, 2009, for Minnesota grown
23.6grants in this paragraph are available until
23.7June 30, 2011. $50,000 of the appropriation
23.8in each year is for efforts that identify
23.9and promote Minnesota grown products
23.10in retail food establishments including but
23.11not limited to restaurants, grocery stores,
23.12and convenience stores. The balance in the
23.13Minnesota grown matching account in the
23.14agricultural fund is canceled to the Minnesota
23.15grown account in the agricultural fund and
23.16the Minnesota grown matching account is
23.17abolished.
23.18$160,000 the first year and $160,000 the
23.19second year are for grants to farmers for
23.20demonstration projects involving sustainable
23.21agriculture as authorized in Minnesota
23.22Statutes, section17.116 . Of the amount
23.23for grants, up to $20,000 may be used for
23.24dissemination of information about the
23.25demonstration projects. Notwithstanding
23.26Minnesota Statutes, section16A.28 , the
23.27appropriations encumbered under contract
23.28on or before June 30, 2009, for sustainable
23.29agriculture grants in this paragraph are
23.30available until June 30, 2011.
23.31$100,000 the first year and $100,000
23.32the second year are to provide training
23.33and technical assistance to county and
23.34town officials relating to livestock siting
23.35issues and local zoning and land use
23.36planning, including a checklist template that
24.1would clarify the federal, state, and local
24.2government requirements for consideration
24.3of an animal agriculture modernization
24.4or expansion project. In developing
24.5the training and technical assistance
24.6program, the commissioner shall seek
24.7guidance, advice, and support of livestock
24.8producer organizations, general agricultural
24.9organizations, local government associations,
24.10academic institutions, other government
24.11agencies, and others with expertise in land
24.12use and agriculture.
24.13$103,000 the first year and $106,000 the
24.14second year are for additional integrated pest
24.15management activities.
24.16$2,500,000 the first year is for the agricultural
24.17best management practices loan program. At
24.18least $2,000,000 is available for pass-through
24.19to local governments and lenders for
24.20low-interest loans. Any unencumbered
24.21balance does not cancel at the end of the first
24.22year and is available for the second year.
24.23$1,000,000 the first year is for the agricultural
24.24best management practices loan program for
24.25capital equipment loans for persons using
24.26native, perennial cropping systems for energy
24.27or seed production. This appropriation is
24.28available until spent. * (The preceding text
24.29beginning "$1,000,000 the first year" was
24.30indicated as vetoed by the governor.)
24.31$100,000 the first year and $100,000 the
24.32second year are for annual cost-share
24.33payments to resident farmers or persons
24.34who sell, process, or package agricultural
24.35products in this state for the costs of organic
25.1certification. Annual cost-share payments
25.2per farmer must be two-thirds of the cost
25.3of the certification or $350, whichever is
25.4less. In any year that a resident farmer or
25.5person who sells, processes, or packages
25.6agricultural products in this state receives
25.7a federal organic certification cost-share
25.8payment, that resident farmer or person is
25.9not eligible for state cost-share payments.
25.10A certified farmer is eligible to receive
25.11annual certification cost-share payments for
25.12up to five years. $15,000 each year is for
25.13organic market and program development.
25.14The commissioner may allocate any excess
25.15appropriation in either fiscal year for organic
25.16producer education efforts, assistance for
25.17persons transitioning from conventional
25.18to organic agriculture, or sustainable
25.19agriculture demonstration grants authorized
25.20under Minnesota Statutes, section17.116 ,
25.21and pertaining to organic research or
25.22demonstration. Any unencumbered balance
25.23does not cancel at the end of the first year
25.24and is available for the second year.
25.25EFFECTIVE DATE.This section is effective the day following final enactment.
25.26 Sec. 32. Laws 2007, chapter 45, article 1, section 3, subdivision 4, is amended to read:
25.29$15,168,000 the first year and $15,168,000
25.30the second year are for ethanol producer
25.31payments under Minnesota Statutes, section
25.3241A.09
. If the total amount for which all
25.33producers are eligible in a quarter exceeds
25.34the amount available for payments, the
25.35commissioner shall make payments on a
26.1pro rata basis. If the appropriation exceeds
26.2the total amount for which all producers
26.3are eligible in a fiscal year for scheduled
26.4payments and for deficiencies in payments
26.5during previous fiscal years, the balance
26.6in the appropriation is available to the
26.7commissioner for value-added agricultural
26.8programs including the value-added
26.9agricultural product processing and
26.10marketing grant program under Minnesota
26.11Statutes, section17.101, subdivision 5 . The
26.12appropriation remains available until spent.
26.13$3,000,000 the first year is for grants to
26.14bioenergy projects. The NextGen Energy
26.15Board shall make recommendations to
26.16the commissioner on grants for owners of
26.17Minnesota facilities producing bioenergy,
26.18organizations that provide for on-station,
26.19on-farm field scale research and outreach to
26.20develop and test the agronomic and economic
26.21requirements of diverse stands of prairie
26.22plants and other perennials for bioenergy
26.23systems, or certain nongovernmental
26.24entities. For the purposes of this paragraph,
26.25"bioenergy" includes transportation fuels
26.26derived from cellulosic material as well as
26.27the generation of energy for commercial heat,
26.28industrial process heat, or electrical power
26.29from cellulosic material via gasification
26.30or other processes. The board must give
26.31priority to a bioenergy facility that is at
26.32least 60 percent owned and controlled by
26.33farmers, as defined in Minnesota Statutes,
26.34section500.24, subdivision 2 , paragraph
26.35(n), or natural persons residing in the
26.36county or counties contiguous to where the
27.1facility is located. Grants are limited to 50
27.2percent of the cost of research, technical
27.3assistance, or equipment related to bioenergy
27.4production or $500,000, whichever is less.
27.5Grants to nongovernmental entities for the
27.6development of business plans and structures
27.7related to community ownership of eligible
27.8bioenergy facilities together may not exceed
27.9$150,000. The board shall make a good
27.10faith effort to select projects that have
27.11merit and when taken together represent a
27.12variety of bioenergy technologies, biomass
27.13feedstocks, and geographic regions of the
27.14state. Projects must have a qualified engineer
27.15certification on the technology and fuel
27.16source. Grantees shall provide reports at
27.17the request of the commissioner and must
27.18actively participate in the Agricultural
27.19Utilization Research Institute's Renewable
27.20Energy Roundtable. No later than February
27.211, 2009, the commissioner shall report on
27.22the projects funded under this appropriation
27.23to the house and senate committees with
27.24jurisdiction over agriculture finance. The
27.25commissioner's costs in administering the
27.26program may be paid from the appropriation.
27.27Any unencumbered balance does not cancel
27.28at the end of the first year and is available in
27.29the second year.
27.30$350,000 the first year is for grants to
27.31the Minnesota Institute for Sustainable
27.32Agriculture at the University of Minnesota
27.33to provide funds for on-station and on-farm
27.34field scale research and outreach to develop
27.35and test the agronomic and economic
27.36requirements of diverse stands of prairie
28.1plants and other perennials for bioenergy
28.2systems including, but not limited to,
28.3multiple species selection and establishment,
28.4ecological management between planting
28.5and harvest, harvest technologies, financial
28.6and agronomic risk management, farmer
28.7goal setting and adoption of technologies,
28.8integration of wildlife habitat into
28.9management approaches, evaluation of
28.10carbon and other benefits, and robust policies
28.11needed to induce farmer conversion on
28.12marginal lands. * (The preceding text
28.13beginning "$350,000 the first year" was
28.14indicated as vetoed by the governor.)
28.15$200,000 the first year is for a grant to the
28.16Minnesota Turf Seed Council for basic
28.17and applied agronomic research on native
28.18plants, including plant breeding, nutrient
28.19management, pest management, disease
28.20management, yield, and viability. The grant
28.21recipient may subcontract with a qualified
28.22third party for some or all of the basic
28.23or applied research. The grant recipient
28.24must actively participate in the Agricultural
28.25Utilization Research Institute's Renewable
28.26Energy Roundtable and no later than
28.27February 1, 2009, must report to the house
28.28and senate committees with jurisdiction
28.29over agriculture finance. This is a onetime
28.30appropriation and is available until spent.
28.31$200,000 the first year is for a grant to a joint
28.32venture combined heat and power energy
28.33facility located in Scott or LeSueur County
28.34for the creation of a centrally located biomass
28.35fuel supply depot with the capability of
28.36unloading, processing, testing, scaling, and
29.1storing renewable biomass fuels. The grant
29.2must be matched by at least $3 of nonstate
29.3funds for every $1 of state funds. The grant
29.4recipient must actively participate in the
29.5Agricultural Utilization Research Institute's
29.6Renewable Energy Roundtable and no
29.7later than February 1, 2009, must report
29.8to the house and senate committees with
29.9jurisdiction over agriculture finance. This is
29.10a onetime appropriation and is available until
29.11spent.
29.12$300,000 the first year is for a grant to the
29.13Bois Forte Band of Chippewa for a feasibility
29.14study of a renewable energy biofuels
29.15demonstration facility on the Bois Forte
29.16Reservation in St. Louis and Koochiching
29.17Counties. The grant shall be used by the Bois
29.18Forte Band to conduct a detailed feasibility
29.19study of the economic and technical viability
29.20of developing a multistream renewable
29.21energy biofuels demonstration facility
29.22on Bois Forte Reservation land to utilize
29.23existing forest resources, woody biomass,
29.24and cellulosic material to produce biofuels or
29.25bioenergy. The grant recipient must actively
29.26participate in the Agricultural Utilization
29.27Research Institute's Renewable Energy
29.28Roundtable and no later than February 1,
29.292009, must report to the house and senate
29.30committees with jurisdiction over agriculture
29.31finance. This is a onetime appropriation and
29.32is available until spent.
29.33$300,000 the first year is for a grant to
29.34the White Earth Band of Chippewa for a
29.35feasibility study of a renewable energy
29.36biofuels production, research, and production
30.1facility on the White Earth Reservation in
30.2Mahnomen County. The grant must be used
30.3by the White Earth Band and the University
30.4of Minnesota to conduct a detailed feasibility
30.5study of the economic and technical viability
30.6of (1) developing a multistream renewable
30.7energy biofuels demonstration facility on
30.8White Earth Reservation land to utilize
30.9existing forest resources, woody biomass,
30.10and cellulosic material to produce biofuels or
30.11bioenergy, and (2) developing, harvesting,
30.12and marketing native prairie plants and seeds
30.13for bioenergy production. The grant recipient
30.14must actively participate in the Agricultural
30.15Utilization Research Institute's Renewable
30.16Energy Roundtable and no later than
30.17February 1, 2009, must report to the house
30.18and senate committees with jurisdiction
30.19over agriculture finance. This is a onetime
30.20appropriation and is available until spent.
30.21$200,000 the first year is for a grant to the Elk
30.22River Economic Development Authority for
30.23upfront engineering and a feasibility study
30.24of the Elk River renewable fuels facility.
30.25The facility must use a plasma gasification
30.26process to convert primarily cellulosic
30.27material, but may also use plastics and other
30.28components from municipal solid waste, as
30.29feedstock for the production of methanol
30.30for use in biodiesel production facilities.
30.31Any unencumbered balance in fiscal year
30.322008 does not cancel but is available for
30.33fiscal year 2009. Notwithstanding Minnesota
30.34Statutes, section16A.285 , the agency must
30.35not transfer this appropriation. The grant
30.36recipient must actively participate in the
31.1Agricultural Utilization Research Institute's
31.2Renewable Energy Roundtable and no
31.3later than February 1, 2009, must report
31.4to the house and senate committees with
31.5jurisdiction over agriculture finance. This is
31.6a onetime appropriation and is available until
31.7spent.
31.8$200,000 the first year is for a grant to
31.9Chisago County to conduct a detailed
31.10feasibility study of the economic and
31.11technical viability of developing a
31.12multistream renewable energy biofuels
31.13demonstration facility in Chisago, Isanti,
31.14or Pine County to utilize existing forest
31.15resources, woody biomass, and cellulosic
31.16material to produce biofuels or bioenergy.
31.17Chisago County may expend funds to Isanti
31.18and Pine Counties and the University of
31.19Minnesota for any costs incurred as part
31.20of the study. The feasibility study must
31.21consider the capacity of: (1) the seed bank
31.22at Wild River State Park to expand the
31.23existing prairie grass, woody biomass, and
31.24cellulosic material resources in Chisago,
31.25Isanti, and Pine Counties; (2) willing and
31.26interested landowners in Chisago, Isanti, and
31.27Pine Counties to grow cellulosic materials;
31.28and (3) the Minnesota Conservation Corps,
31.29the sentence to serve program, and other
31.30existing workforce programs in east central
31.31Minnesota to contribute labor to these efforts.
31.32The grant recipient must actively participate
31.33in the Agricultural Utilization Research
31.34Institute's Renewable Energy Roundtable and
31.35no later than February 1, 2009, must report
31.36to the house and senate committees with
32.1jurisdiction over agriculture finance. This is
32.2a onetime appropriation and is available until
32.3spent.
32.4EFFECTIVE DATE.This section is effective the day following final enactment.
32.5 Sec. 33. Laws 2007, chapter 45, article 1, section 3, subdivision 5, is amended to read:
32.8$1,005,000 the first year and $1,005,000
32.9the second year are for continuation of
32.10the dairy development and profitability
32.11enhancement and dairy business planning
32.12grant programs established under Laws 1997,
32.13chapter 216, section 7, subdivision 2, and
32.14Laws 2001, First Special Session chapter 2,
32.15section 9, subdivision 2 . The commissioner
32.16may allocate the available sums among
32.17permissible activities, including efforts to
32.18improve the quality of milk produced in the
32.19state in the proportions that the commissioner
32.20deems most beneficial to Minnesota's dairy
32.21farmers. The commissioner must submit a
32.22work plan detailing plans for expenditures
32.23under this program to the chairs of the
32.24house and senate committees dealing with
32.25agricultural policy and budget on or before
32.26the start of each fiscal year. If significant
32.27changes are made to the plans in the course
32.28of the year, the commissioner must notify the
32.29chairs.
32.30$50,000 the first year and $50,000 the
32.31second year are for the Northern Crops
32.32Institute. These appropriations may be spent
32.33to purchase equipment.
33.1$19,000 the first year and $19,000 the
33.2second year are for a grant to the Minnesota
33.3Livestock Breeders Association.
33.4$250,000 the first year and $250,000 the
33.5second year are for grants to the Minnesota
33.6Agricultural Education Leadership Council
33.7for programs of the council under Minnesota
33.8Statutes, chapter 41D.
33.9$600,000 the first year is for grants for
33.10fertilizer research as awarded by the
33.11Minnesota Agricultural Fertilizer Research
33.12and Education Council under Minnesota
33.13Statutes, section18C.71 . No later than
33.14February 1, 2009, The amount available to
33.15the commissioner pursuant to Minnesota
33.16Statutes, section 18C.70, subdivision 2, for
33.17administration of this activity is available
33.18until February 1, 2009, by which time the
33.19commissioner shall report to the house and
33.20senate committees with jurisdiction over
33.21agriculture finance. The report must include
33.22the progress and outcome of funded projects
33.23as well as the sentiment of the council
33.24concerning the need for additional research
33.25funded through an industry checkoff fee.
33.26$465,000 the first year and $465,000 the
33.27second year are for payments to county and
33.28district agricultural societies and associations
33.29under Minnesota Statutes, section38.02,
33.30subdivision 1 . Aid payments to county and
33.31district agricultural societies and associations
33.32shall be disbursed not later than July 15 of
33.33each year. These payments are the amount of
33.34aid owed by the state for an annual fair held
33.35in the previous calendar year.
34.1$65,000 the first year and $65,000 the second
34.2year are for annual grants to the Minnesota
34.3Turf Seed Council for basic and applied
34.4research on the improved production of
34.5forage and turf seed related to new and
34.6improved varieties. The grant recipient may
34.7subcontract with a qualified third party for
34.8some or all of the basic and applied research.
34.9$500,000 the first year and $500,000 the
34.10second year are for grants to Second Harvest
34.11Heartland on behalf of Minnesota's six
34.12Second Harvest food banks for the purchase
34.13of milk for distribution to Minnesota's food
34.14shelves and other charitable organizations
34.15that are eligible to receive food from the food
34.16banks. Milk purchased under the grants must
34.17be acquired from Minnesota milk processors
34.18and based on low-cost bids. The milk must be
34.19allocated to each Second Harvest food bank
34.20serving Minnesota according to the formula
34.21used in the distribution of United States
34.22Department of Agriculture commodities
34.23under The Emergency Food Assistance
34.24Program (TEFAP). Second Harvest
34.25Heartland must submit quarterly reports
34.26to the commissioner on forms prescribed
34.27by the commissioner. The reports must
34.28include, but are not limited to, information
34.29on the expenditure of funds, the amount
34.30of milk purchased, and the organizations
34.31to which the milk was distributed. Second
34.32Harvest Heartland may enter into contracts
34.33or agreements with food banks for shared
34.34funding or reimbursement of the direct
34.35purchase of milk. Each food bank receiving
34.36money from this appropriation may use up to
35.1two percent of the grant for administrative
35.2expenses.
35.3$100,000 the first year and $100,000 the
35.4second year are for transfer to the Board of
35.5Trustees of the Minnesota State Colleges and
35.6Universities for mental health counseling
35.7support to farm families and business
35.8operators through farm business management
35.9programs at Central Lakes College and
35.10Ridgewater College.
35.11$18,000 the first year and $18,000 the
35.12second year are for grants to the Minnesota
35.13Horticultural Society.
35.14$50,000 is for a grant to the University of
35.15Minnesota, Department of Horticultural
35.16Science, Enology Laboratory, to upgrade
35.17and purchase instrumentation to allow
35.18rapid and accurate measurement of enology
35.19components. This is a onetime appropriation
35.20and is available until expended.
35.21 Sec. 34. 2008 FAMILY MOTOR COACH ASSOCIATION EVENT.
35.22 For the 2008 Family Motor Coach Association event held on the State Fair grounds,
35.23the fee the State Agricultural Society must obtain for expansion of the recreational
35.24camping area license, as required in Minnesota Statutes, section 327.15, shall be 50
35.25percent of the primary license fee prescribed in Minnesota Rules, part 4630.2000.
35.26 Sec. 35. INDUSTRIAL HEMP DEVELOPMENT AND REGULATION.
35.27 (a) The Agricultural Utilization Research Institute, in consultation with the
35.28commissioner of agriculture shall create a detailed proposal for establishing industrial
35.29hemp as a cash crop option for Minnesota's agricultural producers. Commercial industrial
35.30hemp production would not be allowed and the commissioner would not promulgate any
35.31administrative rules until the United States Department of Justice, Drug Enforcement
35.32Administration, authorizes a person to commercially grow industrial hemp in the United
35.33States, at which time the commissioner shall evaluate industrial hemp laws in other states
36.1and propose a system of licensure and regulation that does not interfere with the strict
36.2regulation of controlled substances in this state.
36.3 (b) No later than January 15, 2009, the commissioner shall present the proposal in
36.4paragraph (a) to the house and senate committees with jurisdiction over agriculture and
36.5public safety policy and finance.
36.6 Sec. 36. VIRAL HEMORRHAGIC SEPTICEMIA TESTING.
36.7 The commissioners of agriculture, health, and natural resources shall form a work
36.8group and develop a plan for detecting and responding to the presence of the fish virus
36.9Viral Hemorrhagic Septicemia (VHS) in Minnesota. The plan must cover how the joint
36.10laboratory facility at the Departments of Agriculture and Health may be used to provide
36.11testing needed to diagnose and respond to VHS. No later than January 5, 2009, the
36.12commissioners shall present the plan to the chairs of the house and senate committees with
36.13jurisdiction over agriculture, health, and natural resources policy and finance.
36.14 Sec. 37. REPEALER.
36.15Minnesota Statutes 2007 Supplement, section 41A.105, subdivision 5, is repealed.
36.18 Section 1. Minnesota Statutes 2006, section 239.77, as amended by Laws 2007, chapter
36.1962, sections 3 and 4, is amended to read:
36.20239.77 BIODIESEL CONTENT MANDATE.
36.21 Subdivision 1. Biodiesel fuel. "Biodiesel fuel" means a renewable, biodegradable,
36.22mono alkyl ester combustible liquid fuel that is derived from agricultural or other
36.23plant oils or animal fatsand; that meets American Society For Testing and Materials
36.24specification D6751-07 for Biodiesel Fuel (B100) Blend Stock for Distillate Fuels;
36.25and that is manufactured by a person certified by the BQ-9000 National Biodiesel
36.26Accreditation Program.
36.27 Subd. 2. Minimum content. (a) Except as otherwise provided in this section, all
36.28diesel fuel sold or offered for sale in Minnesota for use in internal combustion engines
36.29must contain at least2.0 percent the stated percentage of biodiesel fuel oil by volume
36.30on and after the following dates:
37.3 The minimum content levels in clauses (3) and (4) are effective during the
37.4months of April, May, June, July, August, September, and October only. The minimum
37.5content for the remainder of the year is five percent. However, if the commissioners of
37.6agriculture, commerce, and the Pollution Control Agency determine, after consultation
37.7with the Biodiesel Task Force and other technical experts, that an American Society for
37.8Testing and Materials specification or equivalent federal standard exists for the specified
37.9biodiesel blend level in those clauses that adequately addresses technical issues associated
37.10with Minnesota's cold weather and publish a notice in the State Register to that effect,
37.11the commissioners may allow the specified biodiesel blend level in those clauses to be
37.12effective year round.
37.13 (b) The minimum content levels in paragraph (a), clauses (3) and (4), become
37.14effective on the date specified only if the commissioners of agriculture, commerce, and the
37.15Pollution Control Agency publish notice in the State Register and provide written notice
37.16to the chairs of the house of representatives and senate committees with jurisdiction over
37.17agriculture, commerce, and transportation policy and finance, at least 270 days prior to the
37.18date of each scheduled increase, that all of the following conditions have been met and the
37.19state is prepared to move to the next scheduled minimum content level:
37.20 (1) an American Society for Testing and Materials specification or equivalent federal
37.21standard exists for the next minimum diesel-biodiesel blend;
37.22 (2) a sufficient supply of biodiesel is available and the amount of biodiesel produced
37.23in this state is equal to at least 50 percent of anticipated demand at the next minimum
37.24content level; and
37.25 (3) adequate blending infrastructure and regulatory protocol are in place in order to
37.26promote biodiesel quality and avoid any potential economic disruption.
37.27 (c) The commissioners of agriculture, commerce, and the Pollution Control Agency
37.28must consult with the Biodiesel Task Force when assessing and certifying conditions in
37.29paragraph (b), and in general must seek the guidance of the Biodiesel Task Force regarding
37.30biodiesel labeling, enforcement, and other related issues.
37.31 (d) During a period of biodiesel fuel shortage or a problem with biodiesel quality
37.32that negatively affects the availability of biodiesel fuel, the commissioner of commerce
37.33may temporarily suspend the minimum content requirements in this subdivision until there
37.34is sufficient biodiesel fuel, as defined in subdivision 1, available to fulfill the minimum
37.35content requirements.
38.1 (e) By February 1, 2012, and periodically thereafter, the commissioner of commerce
38.2shall determine the wholesale diesel price at various pipeline and refinery terminals in
38.3the region, and the biodiesel price at biodiesel plants in the region after any applicable
38.4per gallon federal tax credit is subtracted. The commissioner shall report wholesale price
38.5differences to the governor who, after consultation with the commissioners of commerce
38.6and agriculture, may by executive order adjust the biodiesel mandate if a price disparity
38.7reported by the commissioner will cause economic hardship to retailers of diesel fuel
38.8in this state. Any adjustment must be for a specified period of time, after which the
38.9percentage of biodiesel fuel to be blended into diesel fuel returns to the amount required in
38.10this subdivision. The biodiesel mandate must not be adjusted to less than five percent.
38.11 Subd. 3. Exceptions. (a) The minimum contentrequirement requirements of
38.12subdivision 2does do not apply to fuel used in the following equipment:
38.13 (1) motors located at an electric generating plant regulated by the Nuclear
38.14Regulatory Commission;
38.15 (2) railroad locomotives;and
38.16 (3) off-road taconite and copper mining equipment and machinery;
38.17 (4) off-road logging equipment and machinery; and
38.18 (5) vehicles and equipment used exclusively on an aircraft landing field.
38.19 (b) The exemption in paragraph (a), clause (1), expires 30 days after the Nuclear
38.20Regulatory Commission has approved the use of biodiesel fuel in motors at electric
38.21generating plants under its regulation.
38.22 (c) This subdivision expires on May 1, 2012.
38.23 Subd. 4. Disclosure. A refinery or terminal shall provide, at the time diesel fuel
38.24is sold or transferred from the refinery or terminal, a bill of lading or shipping manifest
38.25to the person who receives the fuel. For biodiesel-blended products, the bill of lading or
38.26shipping manifest must disclose biodiesel content, stating volume percentage, gallons of
38.27biodiesel per gallons of petroleum diesel base-stock, or an ASTM "Bxx" designation
38.28where "xx" denotes the volume percent biodiesel included in the blended product. This
38.29subdivision does not apply to sales or transfers of biodiesel blend stock between refineries,
38.30between terminals, or between a refinery and a terminal.
38.31 Subd. 5. Annual report. Beginning in 2009, the commissioner of agriculture
38.32must report by January 15 of each year to the chairs and ranking minority members of
38.33the legislative committees and divisions with jurisdiction over agriculture policy and
38.34finance regarding the implementation of the minimum content requirements in subdivision
38.352, including information about the price and supply of biodiesel fuel. The report must
39.1include any written comments received from members of the Biodiesel Fuel Task Force
39.2by January 1 of that year.
39.3 Sec. 2. Minnesota Statutes 2007 Supplement, section 296A.01, subdivision 8a, is
39.4amended to read:
39.5 Subd. 8a. Biodiesel fuel. "Biodiesel fuel"means a renewable, biodegradable, mono
39.6alkyl ester combustible liquid fuel derived from agricultural plant oils or animal fats
39.7and that meets American Society for Testing and Materials specification D6751-07 for
39.8Biodiesel Fuel (B100) Blend Stock for Distillate Fuels has the meaning given in section
39.9239.77, subdivision 1.
39.10 Sec. 3. PROPOSAL; PETROLEUM INSPECTION FEE REVENUE.
39.11 The commissioners of finance, commerce, and the Pollution Control Agency must
39.12develop and submit to the legislature as part of their next biennial budget request a
39.13proposal for eliminating, to the extent feasible, redundant fuel inspections and dedicating,
39.14to the extent feasible, all revenue from the petroleum inspection fee levied on petroleum
39.15products under Minnesota Statutes, section 239.101, subdivision 3, to the Weights and
39.16Measures Division of the Department of Commerce. All additional funding appropriated
39.17to the Weights and Measures Division under this proposal must be used for increased and
39.18enhanced fuel quality assurance enforcement activities and equipment and for educational
39.19activities focused on the handling, distribution, and use of biodiesel fuel.
39.20 Sec. 4. BIO-BASED DIESEL ALTERNATIVES.
39.21 (a) By January 1, 2011, the commissioners of agriculture, commerce, and
39.22the Pollution Control Agency shall jointly review the technology, economics, and
39.23operational characteristics associated with bio-based diesel alternatives and shall make
39.24recommendations concerning their use in Minnesota to the governor and the chairs of
39.25the house of representatives and senate committees with jurisdiction over agriculture
39.26and energy finance.
39.27 (b) For the purposes of this section, "bio-based diesel alternatives" means
39.28alternatives to petroleum diesel fuel that are warrantied for use in a standard diesel engine
39.29without modification and derived from a biological resource.
39.30 Sec. 5. TECHNICAL COLD WEATHER ISSUES.
39.31 The commissioners of agriculture and commerce shall convene technical
39.32stakeholders who are experts in cold weather biodiesel and petroleum diesel issues to
40.1consider and make recommendations regarding improvements in the production, blending,
40.2handling, and distribution of biodiesel blends to further ensure the performance of these
40.3fuels in cold weather. The commissioners shall issue a report on these issues by January
40.415, 2009, to the chairs of the house of representatives and senate committees with
40.5jurisdiction over agriculture and commerce policy and finance.
40.8 Section 1. Minnesota Statutes 2006, section 13.785, is amended by adding a
40.9subdivision to read:
40.10 Subd. 4. Deceased veterans data. Data relating to veterans deceased as a result of
40.11service-connected causes are classified under section 197.225.
40.12EFFECTIVE DATE.This section is effective the day following final enactment.
40.13 Sec. 2. [192.056] PROTECTION OF RESERVIST-OWNED BUSINESS DURING
40.14ACTIVE SERVICE.
40.15 Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this
40.16section.
40.17 (b) "Active service" has the meaning given in section 190.05, subdivision 5.
40.18 (c) "Business" means a business wholly owned by a qualified service member, or
40.19jointly by the member and the member's spouse, irrespective of whether the business
40.20is a sole proprietorship, corporation, limited liability company, partnership, limited
40.21partnership, or other type of business entity.
40.22 (d) "Qualified service member" means a Minnesota resident who is serving
40.23honorably as a member of the Minnesota National Guard or any other military reserve
40.24unit of the United States armed forces who has been ordered into active service for a
40.25period of 60 days or longer.
40.26 Subd. 2. Protection provided. (a) Notwithstanding any other law or rule to the
40.27contrary, the business of a qualified service member may be exempted from civil court
40.28proceedings for part or all of the period of the member's active military service and for up
40.29to 60 days thereafter, as provided in this section.
40.30 (b) If the business of a qualified service member is a defendant in a civil action, the
40.31court may, on its own motion, grant a stay in the proceedings for a minimum of 60 days.
40.32The court, on its own motion, may renew the stay as the court considers appropriate. If the
41.1qualified service member petitions the court in any manner for a stay, the court must grant
41.2a stay for a minimum of 60 days, provided that:
41.3 (1) the service member submits to the court a letter or other communication setting
41.4forth facts stating the manner in which current military duty requirements materially affect
41.5the service member's ability to appear or otherwise participate in the proceedings, and
41.6stating a date when the service member will be available to appear or otherwise participate
41.7in the proceedings; and
41.8 (2) the service member submits a letter or other communication from the service
41.9member's commanding officer stating that the service member's current military duty
41.10prevents appearance and that military leave is not authorized for the service member
41.11at the time of the letter.
41.12 (c) A service member's communication with the court requesting a stay does not
41.13constitute an appearance for jurisdictional purposes and does not constitute a waiver of
41.14any substantive or procedural defense, including a defense relating to lack of personal
41.15jurisdiction.
41.16 (d) A qualified service member who is granted a stay in the action or proceedings
41.17against the member's business may in any manner request from the court an additional
41.18stay, which the court may grant if the service member can show to the satisfaction of
41.19the court that the member's military requirements affect the member's ability to appear.
41.20However, the court is not obligated to grant the additional stay. If the court refuses to
41.21grant an additional stay, the court must provide the service member with information
41.22enabling the service member to acquire qualified legal counsel, at the service member's
41.23discretion, for defending the action.
41.24 (e) If a default judgment is entered in a civil action against the business of a qualified
41.25service member during the service member's period of active military service, or within 60
41.26days following termination of or release from the active military service, the court entering
41.27the judgment must, upon application by or on behalf of the service member, reopen the
41.28judgment for the purpose of allowing the member to defend the action if it appears that:
41.29 (1) the service member was materially affected by reason of that military service in
41.30making a defense to the action; and
41.31 (2) the service member has a meritorious or legal defense to the action or some
41.32part of it.
41.33EFFECTIVE DATE.This section is effective July 1, 2008, and applies to civil
41.34court actions pending or initiated on or after that date.
42.1 Sec. 3. Minnesota Statutes 2006, section 192.20, is amended to read:
42.2192.20 BREVET RANK.
42.3 Subdivision 1. Personnel eligible for brevet promotion. (a) Officers, warrant
42.4officers, and enlisted persons of the National Guard who have, after ten years active
42.5service, resigned or retired for physical disability or otherwise, may in the discretion of the
42.6commander-in-chief, on the recommendation of the adjutant general, be commissioned
42.7by brevet, in the next higher grade than that held by them at the time of their resignation
42.8or retirement.
42.9 (b) Officers, warrant officers, or enlisted persons of the National Guard who die
42.10while in state or federal active service, as defined in section 190.05, or former officers,
42.11warrant officers, or enlisted persons of the National Guard who die as a result of injuries
42.12or other conditions incurred or aggravated while in such service may, in the discretion of
42.13the commander-in-chief, on the recommendation of the adjutant general, be commissioned
42.14by brevet, in the next higher grade than that held by them at the time of their death.
42.15 Subd. 2. Effect of brevet rank. Brevet rank shall be considered strictly honorary
42.16and shall confer no privilege of precedence or command, nor pay any emoluments. Brevet
42.17officers, warrant officers, and enlisted persons may wear the uniform of their brevet grade
42.18on occasions of ceremony.
42.19 Sec. 4. Minnesota Statutes 2006, section 192.32, is amended by adding a subdivision
42.20to read:
42.21 Subd. 2. Family of service member. It shall be unlawful for any employer to:
42.22 (1) discharge from employment or take adverse employment action against any
42.23employee because of the membership of that employee's spouse, parent, or child in the
42.24military forces of the United States, of this state, or any other state;
42.25 (2) discharge from employment, take adverse employment action against, or
42.26otherwise hinder an employee from attending the following kinds of events relating to the
42.27military service of the employee's spouse, parent, or child and to which the employee is
42.28invited or otherwise called upon to attend by proper military authorities:
42.29 (i) departure or return ceremonies for deploying or returning military personnel
42.30or units;
42.31 (ii) family training or readiness events sponsored or conducted by the military; and
42.32 (iii) events held as part of official military reintegration programs.
42.33 The employee must provide reasonable notice to the employer when requesting
42.34time off, and the employer must provide a reasonable amount of nonpaid time off for the
42.35employee, for the purposes enumerated in items (i) to (iii), not to exceed two consecutive
43.1days or six days in a calendar year. The employer must not compel the employee to use
43.2accumulated but unused vacation for these events.
43.3EFFECTIVE DATE.This section is effective August 1, 2008, and applies to
43.4employer actions occurring on or after that date.
43.5 Sec. 5. Minnesota Statutes 2006, section 196.021, is amended to read:
43.6196.021 DEPUTY COMMISSIONERS; DUTIES.
43.7 Subdivision 1. Appointment. The commissioner shall appoint a deputy
43.8commissioner for veteran servicesas provided in subdivision 2, and the board of directors
43.9of the Minnesota Veterans Homes may appoint a deputy commissioner for veteran health
43.10careas provided in section
198.004
43.11service,the deputy for veteran services at the pleasure of the commissioner and the deputy
43.12for veteran health care at the pleasure of the board. Both deputies shall must be residents
43.13of Minnesota, citizens of the United States, and veterans as defined in section197.447 .
43.14 Subd. 2.Deputy for veteran services; Powers and duties. The deputy
43.15commissioner for veteran serviceshas and the deputy commissioner for veteran health
43.16care have those powers delegated by the commissionerthat have not otherwise been
43.17delegated to the deputy commissioner for veteran health care by the commissioner or
43.18assigned to that deputy commissioner by law. A delegation must be in writing, signed
43.19by the commissioner, and filed with the secretary of state.
43.20 Sec. 6. Minnesota Statutes 2006, section 196.03, is amended to read:
43.21196.03 OFFICERS AND EMPLOYEES.
43.22Except as provided in chapter 198, All officers and employees of the department
43.23shall be appointed by the commissioner and they shall perform such duties as may be
43.24assigned to them by the commissioner.
43.25 Sec. 7. [196.30] VETERANS HEALTH CARE ADVISORY COUNCIL.
43.26 Subdivision 1. Creation. The Veterans Health Care Advisory Council is established
43.27to provide the Department of Veterans Affairs with advice and recommendations on
43.28providing veterans with quality long-term care and the anticipated future needs of
43.29Minnesota veterans.
43.30 Subd. 2. Membership. (a) The council consists of nine public members appointed
43.31by the governor. The council members are:
44.1 (1) seven members with extensive expertise in health care delivery, long-term care,
44.2and veterans services;
44.3 (2) one licensed clinician who may be either a physician, physician's assistant, or
44.4a nurse practitioner; and
44.5 (3) one additional member.
44.6 (b) The governor shall designate a member to serve as the chair.
44.7 (c) The commissioner of veterans affairs, or the commissioner's designee, is an ex
44.8officio member of the council and shall provide necessary and appropriate administrative
44.9and technical support to the council.
44.10 (d) Membership terms, removal of members, and the filling of vacancies are as
44.11provided in section 15.059, subdivisions 2 and 4. Members shall not receive compensation
44.12or per diem payments, but may receive reimbursement for expenses pursuant to section
44.1315.059, subdivision 3.
44.14 Subd. 3. Duties. The council is an advisory group with the responsibility of
44.15providing the commissioner of veterans affairs with information and professional expertise
44.16on the delivery of quality long-term care to veterans. The council's duties include:
44.17 (1) developing a new vision and strategic plan for the veterans homes that
44.18complements the Department of Veterans Affairs overall veterans service programs;
44.19 (2) providing recommendations and advice on matters including clinical
44.20performance, systemwide quality improvement efforts, culture and working environment
44.21of the veterans homes, and other operational and organizational functions of the veterans
44.22homes;
44.23 (3) studying and reviewing current issues and trends in the long-term care industry
44.24and the veterans community;
44.25 (4) providing recommendations to the commissioner on alternative options for the
44.26delivery of long-term care to veterans so that veterans and their families can determine
44.27appropriate services under models similar to those available in the community;
44.28 (5) establishing, as appropriate, subcommittees or ad hoc task forces of council
44.29members, stakeholders, and other individuals with expertise or experience to address
44.30specific issues; and
44.31 (6) reviewing and providing advice on any other matter at the request of the
44.32commissioner.
44.33 Subd. 4. Continuation. To ensure continued accountability and the active
44.34involvement of healthcare experts and stakeholders in the governance structure of the
44.35veterans homes, the governor may appoint a panel of experts to review the continuing
44.36effectiveness of the council. The commissioner may disband the council at any time.
45.1 Sec. 8. [197.225] LIST OF DECEASED MILITARY PERSONNEL.
45.2 (a) The commissioner of veterans affairs shall collect and maintain data about
45.3Minnesota residents who have died of service-connected causes while serving in the
45.4United States armed forces. The data may include deceased service members who are
45.5the immediate family members of Minnesota residents, but who themselves were not
45.6Minnesota residents at the time of death. The commissioner shall collect the following
45.7data: the individual's full name, military rank, branch of service, age at the time of death,
45.8and Minnesota hometown or if not a Minnesota resident at the time of death, the service
45.9member's home state.
45.10 (b) Data collected pursuant to this section are nonpublic data, but may be
45.11disseminated to the individual's next of kin, and for ceremonial or honorary purposes to
45.12veterans' organizations, civic organizations, the news media, and researchers. No other
45.13use or dissemination of the data is permitted.
45.14 (c) The next of kin of a veteran whose data is collected may request that the data
45.15not be disseminated for any purpose. Upon receiving such a request, the Department of
45.16Veterans Affairs must exclude the deceased veteran's data from any data disseminated for
45.17ceremonial or honorary purposes as permitted by paragraph (b).
45.18 (d) Data collected pursuant to this section shall not be indicative of any person's
45.19status with regard to qualification for veterans benefits or other benefits.
45.20EFFECTIVE DATE.This section is effective the day following final enactment.
45.21 Sec. 9. Minnesota Statutes 2006, section 197.236, is amended to read:
45.22197.236VETERANS CEMETERY STATE VETERANS CEMETERIES.
45.23 Subd. 3. Operation and maintenance. The commissioner of veterans affairs shall
45.24supervise and control the veteranscemetery cemeteries established under this section. The
45.25cemeteries are to be maintained and operated in accordance with the operational standards
45.26and measures of the National Cemetery Administration. The commissioner may contract
45.27for the maintenanceand operation of the cemetery cemeteries. All personnel, equipment,
45.28and support necessary for maintenance and operation of thecemetery cemeteries must be
45.29included in the department's budget.
45.30 Subd. 5. Rules. The commissioner of veterans affairs may adopt rules regarding the
45.31operation of thecemetery cemeteries. If practicable, The commissioner shall require that
45.32upright granite markers supplied by the United States Department of Veterans Affairs be
45.33used to mark all gravesites.
46.1 Subd. 6. Permanent development and maintenance account. A veterans
46.2cemetery development and maintenance account is established in the special revenue
46.3fund of the state treasury. Receipts for burial fees,earnings from the veterans cemetery
46.4trust account plot or interment allowance claims, designated appropriations, and any
46.5other cemetery receipts must be deposited into this account. The money in the account,
46.6including interest earned, is appropriated to the commissioner to be used for the
46.7development, operation, maintenance, and improvement of thecemetery cemeteries.
46.8To the extent practicable, the commissioner of veterans affairs must apply for available
46.9federal grantsfor the development and operation of the cemetery to establish, expand, or
46.10improve the cemeteries.
46.11Subd. 7. Permanent trust account. A veterans cemetery trust account is
46.12established in the special revenue fund of the state treasury. All designated appropriations
46.13and monetary donations to the cemetery must be placed in this account. The principal of
46.14this account must be invested by the State Board of Investment and may not be spent. The
46.15income from this account must be transferred as directed by the account manager to the
46.16veterans cemetery development and maintenance account.
46.17 Subd. 8. Eligibility.Any person who is eligible for burial in a national veterans
46.18cemetery is eligible for burial in the State Veterans Cemetery Cemeteries must be operated
46.19solely for the burial of service members who die on active duty, eligible veterans, and
46.20their spouses and dependent children, as defined in United States Code, title 38, section
46.21101, paragraph (2).
46.22 Subd. 9. Burial fees. The commissioner of veterans affairs shall establish a fee
46.23schedule, which may be adjusted from time to time, for the interment of eligiblefamily
46.24members spouses and dependent children. The fees shall cover as nearly as practicable
46.25the actual costs of interment, excluding the value of the plot.The department may accept
46.26the Social Security burial allowance, if any, of the eligible family members in an amount
46.27not to exceed the actual cost of the interment. The commissioner may waive the fee
46.28in the case of an indigent eligible person.
46.29 No plot or interment fees may be charged for the burial ofeligible veterans, members
46.30of the National Guard, or military reservists, except that funds available from the Social
46.31Security or veterans burial allowances, if any, must be paid to the commissioner in an
46.32amount not to exceed the actual cost of the interment, excluding the value of the plot
46.33service members who die on active duty or eligible veterans, as defined in United States
46.34Code, title 38, section 101, paragraph (2).
47.1Prior to the interment of an eligible person, the commissioner shall request the
47.2cooperation of the eligible person's next of kin in applying to the appropriate federal
47.3agencies for payment to the cemetery of any allowable interment allowance.
47.4Subd. 10. Allocation of plots. A person, or survivor of a person, eligible for
47.5interment in the State Veterans Cemetery may apply for a burial plot for the eligible
47.6person by submitting a request to the commissioner of veterans affairs on a form supplied
47.7by the department. The department shall allot plots on a first-come, first-served basis. To
47.8the extent that it is practical, plots must be allocated in a manner permitting the burial of
47.9eligible family members above, below, or adjacent to the eligible veteran, member of
47.10the National Guard, or military reservist.
47.11 Subd. 11. Plot allowance claims. The commissioner of veterans affairs must apply
47.12to the Veterans Benefits Administration for a plot or interment allowance payable to the
47.13state for expenses incurred by the state in the burial of eligible veterans in cemeteries
47.14owned and operated by the state if the burial is performed at no cost to the veteran's
47.15next of kin.
47.16 Subd. 12. No staff. No staff may be hired for or allocated to any new veterans
47.17cemetery without explicit legislative approval.
47.18 Sec. 10. Minnesota Statutes 2007 Supplement, section 197.791, subdivision 1, is
47.19amended to read:
47.20 Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this
47.21section.
47.22 (b) "Commissioner" means the commissioner of veterans affairs, unless otherwise
47.23specified.
47.24 (c) "Cost of attendance" forboth graduate and undergraduate students has the
47.25meaning given in section136A.121, subdivision 6 , multiplied by a factor of 1.1 1.2.
47.26The Cost of attendance for graduate students has the meaning given in section 136A.121,
47.27subdivision 6, multiplied by a factor of 1.2, using the tuition and fee maximum established
47.28by law for four-year programsshall be used to calculate the tuition and fee maximum
47.29under section
136A.121, subdivision 6, for a graduate student. For purposes of calculating
47.30the cost of attendance for graduate students, full time is eight credits or more per term or
47.31the equivalent.
47.32 (d) "Child" means a natural or adopted child of a person described in subdivision 4,
47.33paragraph (a), clause (1), item (i) or (ii).
48.1 (e) "Eligible institution" means a postsecondary institution under section136A.101 ,
48.2subdivision 4, or a graduate school licensed or registered with the state of Minnesota
48.3serving only graduate students.
48.4 (f) "Program" means the Minnesota GI Bill program established in this section,
48.5unless otherwise specified.
48.6 (g) "Time of hostilities" means any action by the armed forces of the United States
48.7that is recognized by the issuance of a presidential proclamation or a presidential executive
48.8order in which the armed forces expeditionary medal or other campaign service medals
48.9are awarded according to presidential executive order, and any additional period or place
48.10that the commissioner determines and designates, after consultation with the United States
48.11Department of Defense, to be a period or place where the United States is in a conflict that
48.12places persons at such a risk that service in a foreign country during that period or in that
48.13place should be considered to be included.
48.14 (h) "Veteran" has the meaning given in section197.447 . Veteran also includes
48.15a service member who has received an honorable discharge after leaving each period of
48.16federal active duty service and has:
48.17 (1) served 90 days or more of federal active duty in a foreign country during a time
48.18of hostilities in that country; or
48.19(2) been awarded any of the following medals:
48.20 (i) Armed Forces Expeditionary Medal;
48.21 (ii) Kosovo Campaign Medal;
48.22 (iii) Afghanistan Campaign Medal;
48.23 (iv) Iraq Campaign Medal;
48.24 (v) Global War on Terrorism Expeditionary Medal; or
48.25 (vi) any other campaign medal authorized for service after September 11, 2001; or
48.26(2) (3) received a service-related medical discharge from any period of service in a
48.27foreign country during a time of hostilities in that country.
48.28A service member who has fulfilled the requirements for being a veteran under this
48.29paragraph but is still serving actively in the United States armed forces is also a veteran
48.30for the purposes of this section.
48.31 Sec. 11. Minnesota Statutes 2007 Supplement, section 197.791, subdivision 4, is
48.32amended to read:
48.33 Subd. 4. Eligibility. (a) A person is eligible for educational assistance under this
48.34section if:
48.35 (1) the person is:
49.1 (i) a veteran who is serving or has served honorably in any branch or unit of the
49.2United States armed forces at any time on or after September 11, 2001;
49.3 (ii) a nonveteran who has served honorably for a total of five years or more
49.4cumulatively as a member of the Minnesota National Guard or any other active or reserve
49.5component of the United States armed forces, and any part of that service occurred on or
49.6after September 11, 2001;
49.7 (iii) the surviving spouse or child of a person who has served in the military at any
49.8time on or after September 11, 2001, and who has died as a direct result of that military
49.9service; or
49.10 (iv) the spouse or child of a person who has served in the military at any time on or
49.11after September 11, 2001, and who has a total and permanent service-connected disability
49.12as rated by the United States Veterans Administration;
49.13(2) the person providing the military service described in clause (1), items (i) to (iv),
49.14was a Minnesota resident within six months of the time of the person's initial enlistment or
49.15any reenlistment in the United States armed forces;
49.16(3) (2) the person receiving the educational assistance is a Minnesota resident, as
49.17defined in section136A.101, subdivision 8 ; and
49.18(4) (3) the person receiving the educational assistance:
49.19 (i) is an undergraduate or graduate student at an eligible institution;
49.20 (ii) is maintaining satisfactory academic progress as defined by the institution for
49.21students participating in federal Title IV programs;
49.22 (iii) is enrolled in an education program leading to a certificate, diploma, or degree
49.23at an eligible institution;
49.24 (iv) has applied for educational assistance under this section prior to the end of the
49.25academic term for which the assistance is being requested;
49.26 (v) is in compliance with child support payment requirements under section
49.27136A.121, subdivision 2
, clause (5); and
49.28 (vi)if an undergraduate student, has applied for the federal Pell Grant and the
49.29Minnesota State Grant has completed the Free Application for Federal Student Aid
49.30(FAFSA).
49.31 (b) A person's eligibility terminates when the person becomes eligible for benefits
49.32under section135A.52 .
49.33 (c) To determine eligibility, the commissioner may require official documentation,
49.34including the person's federal form DD-214 or other official military discharge papers;
49.35correspondence from the United States Veterans Administration; birth certificate; marriage
49.36certificate; proof of enrollment at an eligible institution; signed affidavits; proof of
50.1residency; proof of identity; or any other official documentation the commissioner
50.2considers necessary to determine eligibility.
50.3 (d) The commissioner may deny eligibility or terminate benefits under this section
50.4to any person who has not provided sufficient documentation to determine eligibility for
50.5the program. An applicant may appeal the commissioner's eligibility determination or
50.6termination of benefits in writing to the commissioner at any time. The commissioner
50.7must rule on any application or appeal within 30 days of receipt of all documentation that
50.8the commissioner requires. The decision of the commissioner regarding an appeal is final.
50.9However, an applicant whose appeal of an eligibility determination has been rejected by
50.10the commissioner may submit an additional appeal of that determination in writing to the
50.11commissioner at any time that the applicant is able to provide substantively significant
50.12additional information regarding the applicant's eligibility for the program. An approval
50.13of an applicant's eligibility by the commissioner following an appeal by the applicant is
50.14not retroactively effective for more than one year or the semester of the person's original
50.15application, whichever is later.
50.16 (e) Upon receiving an application with insufficient documentation to determine
50.17eligibility, the commissioner must notify the applicant within 30 days of receipt of the
50.18application that the application is being suspended pending receipt by the commissioner of
50.19sufficient documentation from the applicant to determine eligibility.
50.20 Sec. 12. Minnesota Statutes 2007 Supplement, section 197.791, subdivision 5, is
50.21amended to read:
50.22 Subd. 5. Benefit amount. (a) On approval by the commissioner of eligibility for
50.23the program, the applicant shall be awarded, on a funds-available basis, the educational
50.24assistance under the program for use at any time according to program rules at any
50.25eligible institution.
50.26 (b) The amount of educational assistance in any semester or term for an eligible
50.27person must be determined by subtracting from the eligible person's cost of attendance the
50.28amount the person received or was eligible to receive in that semester or term from:
50.29 (1) the federal Pell Grant;
50.30 (2) the state grant program under section136A.121 ; and
50.31 (3) any federal military or veterans educational benefits including but not limited
50.32to the Montgomery GI Bill, GI Bill Kicker, the federal tuition assistance program,
50.33vocational rehabilitation benefits, and any other federal benefits associated with the
50.34person's status as a veteran, except veterans disability payments from the United States
50.35Veterans Administration.
51.1 (c) The amount of educational assistance for any eligible person who is a full-time
51.2student must not exceed the following:
51.3 (1) $1,000 per semester or term of enrollment;
51.4 (2)$2,000 $3,000 per state fiscal year; and
51.5 (3) $10,000 in a lifetime.
51.6For a part-time student, the amount of educational assistance must not exceed $500
51.7per semester or term of enrollment. For the purpose of this paragraph, a part-time
51.8undergraduate student is a student taking fewer than 12 credits or the equivalent for a
51.9semester or term of enrollment and a part-time graduate student is a student considered
51.10part time by the eligible institution the graduate student is attending. The minimum award
51.11for undergraduate and graduate students is $50 per term.
51.12 Sec. 13. Minnesota Statutes 2006, section 198.32, subdivision 1, is amended to read:
51.13 Subdivision 1. Resident's rights. A resident of a Minnesota veterans home has the
51.14right to complain and otherwise exercise freedom of expression and assembly which is
51.15guaranteed by amendment I of the United States Constitution. The administrator of the
51.16home shall inform each resident in writing at the time of admission of the right to complain
51.17to the administrator about home accommodations and services. A notice of the right to
51.18complain shall be posted in the home. The administrator shall also inform each resident of
51.19the right to complain to theboard or to the commissioner of veterans affairs. Each resident
51.20of a home shall be encouraged and assisted, throughout the period of stay in the home, to
51.21understand and exercise the rights of freedom of expression and assembly as a resident
51.22and as a citizen, and, to this end, the resident may voice grievances and recommend
51.23changes in policies and services to home staff, other residents, and outside representatives
51.24of the resident's choice, free from restraint, interference, coercion, discrimination, or
51.25reprisal, including retaliatory eviction.
51.26 Sec. 14. Minnesota Statutes 2006, section 349.12, subdivision 3a, is amended to read:
51.27 Subd. 3a. Allowable expense. "Allowable expense" means the percentage of the
51.28total cost incurred by the organization in the purchase of any good, service, or other item
51.29which corresponds to the proportion of the total actual use of the good, service, or other
51.30item that is directly related to conduct of lawful gambling. Allowable expense includes the
51.31advertising of the conduct of lawful gambling, provided that the amount expended does
51.32not exceed five percent of the annual gross profits of the organization or $5,000 per year
51.33per organization, whichever is less. The cost of a newsletter of a veterans organization is
51.34an allowable expense if any portion of the newsletter is used to promote lawful gambling
52.1in Minnesota. The board may adopt rules to regulate the content of the advertising to
52.2ensure that the content is consistent with the public welfare.
52.3 Sec. 15. Minnesota Statutes 2006, section 609.115, is amended by adding a subdivision
52.4to read:
52.5 Subd. 10. Veterans mental health status. If a defendant convicted of a crime is
52.6currently serving in the military or is a veteran and has been diagnosed by a qualified
52.7psychiatrist or clinical psychologist or physician with a mental illness, the court may:
52.8 (1) order that the officer preparing the report under subdivision 1 consult with the
52.9United States Department of Veterans Affairs, Minnesota Department of Veterans Affairs,
52.10or another agency or person with suitable knowledge or experience, for the purpose
52.11of providing the court with information regarding treatment options available to the
52.12defendant including federal, state, and local programming; and
52.13 (2) consider the treatment recommendations of any diagnosing or treating mental
52.14health professionals together with the treatment options available to the defendant in
52.15imposing sentence.
52.16 Sec. 16. RULES TRANSFER.
52.17 Minnesota Rules, chapter 9050, is transferred from the Veterans Homes Board of
52.18Directors to the commissioner of veterans affairs. The commissioner shall administer and
52.19enforce those rules and may amend or repeal them.
52.20 Sec. 17. APPOINTMENTS.
52.21 Notwithstanding Minnesota Statutes, section 196.30, subdivision 2, paragraph (d),
52.22the governor may make the initial appointments to the Veterans Health Care Advisory
52.23Council under Executive Order 07-20 without complying with the appointment process in
52.24Minnesota Statutes, section 15.0597.
52.25 Sec. 18. PARTNERING IN DELIVERY OF VETERANS SERVICES.
52.26 The commissioner must seek input from a broad range of experienced
52.27nongovernmental social service and health care providers, including both secular and
52.28faith-based service organizations, from throughout the state regarding the feasibility of
52.29public-private collaboration in providing services to Minnesota Veterans. The services
52.30may include home health care, psychological counseling, life-skills rehabilitation
52.31counseling, home hospice care, respite care, and other types of home-based health
52.32care as judged necessary by the commissioner to enable veterans to recover from
53.1service-connected injuries, illnesses, and disabilities. The commissioner must report to
53.2the legislature by January 15, 2009, on its findings and recommendations for establishing
53.3such service-delivery partnerships.
53.4 Sec. 19. VETERANS HOMES STRATEGIC PLANNING GROUP.
53.5 Subdivision 1. Creation. An intergovernmental and veterans study group shall be
53.6appointed for the purpose of conducting strategic planning for existing and future state
53.7veterans homes, including in-depth strategic planning for the Minneapolis veterans home.
53.8This group is designated the "Veterans Homes Strategic Planning Group." The Veterans
53.9Homes Strategic Planning Group shall consist of the following members:
53.10 (1) three senators, including two members of the majority party and one member
53.11of the minority party, at least one of whom represents a Minneapolis legislative district
53.12and one of whom represents a greater-Minnesota legislative district, appointed by the
53.13Subcommittee on Committees of the Committee on Rules and Administration of the
53.14senate;
53.15 (2) three members of the house of representatives, including two members of the
53.16majority party and one member of the minority party, at least one of whom represents
53.17a Minneapolis legislative district and one of whom represents a greater-Minnesota
53.18legislative district, appointed by the speaker of the house;
53.19 (3) the commissioner and two deputy commissioners of the Minnesota Department
53.20of Veterans Affairs (MDVA), or the commissioner's designees;
53.21 (4) the president and legislative chair person of the Minnesota Association of County
53.22Veteran Service Officers (CVSOs), or the president's designees;
53.23 (5) the chair of the Commanders Task Force of Minnesota's congressionally-chartered
53.24veterans service organizations, or the chair's designee;
53.25 (6) two members each from the Minnesota departments of the American Legion,
53.26the Veterans of Foreign Wars, and the Disabled American Veterans, as appointed by the
53.27respective state commander of each organization, provided that of each organization's
53.28appointees, at least one be a resident of rural Minnesota;
53.29 (7) the mayor of Minneapolis, or the mayor's designee, and one Minneapolis city
53.30planner designated by the mayor;
53.31 (8) the chair of the Twin Cities Metropolitan Council, or the chair's designee;
53.32 (9) one person from the Minnesota Inter-County Association (MICA), as designated
53.33by the association board; and
53.34 (10) one person from the Association of Minnesota Counties (AMC), as designated
53.35by the Association board.
54.1 Subd. 2. Duties. (a) The Veterans Homes Strategic Planning Group must meet
54.2periodically to conduct strategic planning for the state veterans homes, both existing and
54.3future, and with special focus on the current Minnesota veterans home in Minneapolis.
54.4The planning process must encompass a 25-year future time span, and must include:
54.5 (1) current and projected figures for the number of Minnesota veterans within broad
54.6age categories, by gender and geographic region of the state;
54.7 (2) current and projected needs of Minnesota veterans for skilled nursing care,
54.8domiciliary care and outpatient services, as being currently provided by the state veterans
54.9homes, and as may be needed in the future;
54.10 (3) current and projected capital expenditure, plant maintenance, and operational
54.11costs for each existing Minnesota veterans home, both per-facility and per-veteran-served,
54.12with discussion of factors determining cost differences among the homes;
54.13 (4) identification and discussion of the feasibility of alternative methods for meeting
54.14at least some of the various future needs of veterans, including:
54.15 (i) the possibility of partnering for home-based services for veterans with
54.16nongovernmental nonprofit or faith-based social service and healthcare delivery
54.17organizations, as a means of reducing some of the future needs of veterans for domiciliary
54.18or skilled nursing care in veterans homes;
54.19 (ii) reliance on private, veterans-only nursing homes for handling part or all of the
54.20future growth in veterans skilled nursing or domiciliary needs, possibly supplemented by
54.21some state-provided veterans services not currently available in private nursing homes; or
54.22 (iii) any other feasible alternative service delivery methods;
54.23 (5) current and projected capital expenditure, plant maintenance, and operational
54.24costs for meeting future veterans needs under:
54.25 (i) the veterans-homes-only model; and
54.26 (ii) the combined veterans-homes and home-based partnering model (or any other
54.27feasible service delivery model that the group identifies); and
54.28 (6) discussion and recommendations regarding:
54.29 (i) the types and levels of veterans home care judged feasible for the state to attempt
54.30to provide in the near-term and long-term future; and
54.31 (ii) the optimal locations and timing for construction of any future state veterans
54.32homes and other service delivery facilities in Minnesota.
54.33 (b) In addition to the duties described in paragraph (a), the Veterans Homes
54.34Strategic Planning Group must provide specific addition analysis of the projected capital,
54.35maintenance, and operating costs of the current Minnesota veterans home in Minneapolis,
54.36and must assess the feasibility of alternative operational models at that home or at locations
55.1within the seven-county metropolitan area. Discussion must include the feasibility, and
55.2estimation of any cost-savings from the razing or remodeling and converting of some of the
55.3infrastructure of the current campus for alternative uses and other pertinent items, such as:
55.4 (i) construction of rental housing for veterans and family members of veterans
55.5receiving medical care at the nearby US/VA Medical Center or other nearby medical
55.6institutions;
55.7 (ii) conducting a land use study including a highest and best use analysis for the
55.8existing site and all improvements;
55.9 (iii) investigating opportunities for public/private partnerships in strategic land
55.10use; and
55.11 (iv) any other purpose judged feasible by the strategic planning group.
55.12 Subd. 3. Report required. (a) By January 15, 2009, the Veterans Homes Strategic
55.13Planning Group must report its proposed recommendations to the chairs of the senate and
55.14house committees with jurisdiction over veterans affairs, state governmental operations,
55.15and local government affairs. The strategic planning group may suggest draft legislation
55.16for legislative consideration.
55.17 (b) The strategic planning group may continue its strategic planning activities and
55.18by January 15, 2010, may issue a second report to the same legislative chairs containing
55.19follow-up recommendations for legislative consideration.
55.20 Subd. 4. Administrative provisions. (a) The commissioner of veterans affairs, or
55.21the commissioner's designee, must convene the initial meeting of the Veterans Homes
55.22Strategic Planning Group. Upon request of the group, the commissioner must provide
55.23meeting space and administrative services for the group. The members of the group must
55.24elect a chair or co-chairs from the legislative members of the group at the initial meeting.
55.25Each subsequent meeting of the group is at the call of the chair or co-chairs.
55.26 (b) Public members of the strategic planning group serve without special
55.27compensation or special payment of expenses from the group.
55.28 (c) The strategic planning group expires on June 30, 2010, unless an extension is
55.29authorized by law by that date.
55.30 (d) In accordance with completed predesign documents, veterans population surveys,
55.31and department construction project priority listing, the commissioner shall continue to
55.32plan, develop, and pursue federal funding and other resources for the construction of a
55.33veterans long-term and domiciliary mental health facility in Kandiyohi County. The
55.34planning must include possible options for traumatic brain injury treatment.
56.1 Subd. 5. Deadline for appointments and designations. The appointments and
56.2designations authorized by this section must be completed by August 1, 2008. The
56.3strategic planning group must convene its initial meeting no later than September 1, 2008.
56.4EFFECTIVE DATE.This section is effective the day following final enactment
56.5 Sec. 20. COUNTY VETERANS SERVICES WORKING GROUP.
56.6 Subdivision 1. Creation. The County Veteran Services Working Group shall consist
56.7of the following 13 members:
56.8 (1) two senators, including one member from the majority party and one member
56.9from the minority party, appointed by the Subcommittee on Committees of the Committee
56.10on Rules and Administration of the senate;
56.11 (2) two members of the house of representatives, one member from the majority
56.12party and one member from the minority party, appointed by the speaker of the house;
56.13 (3) the commissioner and two deputy commissioners of the Minnesota Department
56.14of Veterans Affairs (MDVA), or the commissioner's designees;
56.15 (4) the president, vice president, and legislative chair person of the Minnesota
56.16Association of County Veteran Service Officers (CVSOs);
56.17 (5) the chair of the Commanders Task Force of Minnesota's congressionally-chartered
56.18veterans service organizations, or the chair's designee;
56.19 (6) one person from the Minnesota Inter-County Association (MICA), as designated
56.20by the association board; and
56.21 (7) one person from the Association of Minnesota Counties (AMC), as designated
56.22by the association board.
56.23 Subd. 2. Duties. The working group must meet periodically to review the findings
56.24and recommendations of the 2008 report of the Office of the Legislative Auditor (OLA)
56.25on Minnesota's county veterans service offices, and make written recommendations to the
56.26legislature regarding whether and how each of that report's recommendations should be
56.27implemented. The working group may also provide additional recommendations on how
56.28to enhance the current services provided by the county veteran service offices.
56.29 The working group may suggest draft legislation for legislative consideration. By
56.30January 15, 2009, the working group must report its proposed recommendations to the
56.31chairs of the senate and house committees with jurisdiction over veterans affairs, state
56.32governmental operations, and local government affairs.
56.33 Subd. 3. Administrative provisions. (a) The commissioner of veterans affairs, or
56.34the commissioner's designee, must convene the initial meeting of the working group.
56.35Upon request of the working group, the commissioner must provide meeting space and
57.1administrative services for the group. The members of the working group must elect a
57.2chair or co-chairs from the legislative members of the working group at the initial meeting.
57.3Each subsequent meeting is at the call of the chair or co-chairs.
57.4 (b) Public members of the working group serve without special compensation or
57.5special payment of expenses from the working group.
57.6 (c) The working group expires on June 30, 2009, unless an extension is authorized
57.7by law by that date.
57.8 Subd. 4. Deadline for appointments and designations. The appointments and
57.9designations authorized by this section must be completed by August 1, 2008. The
57.10working group must convene its initial meeting no later than September 1, 2008.
57.11EFFECTIVE DATE.This section is effective the day following final enactment.
57.12 Sec. 21. STUDY OF VETERANS EMPLOYMENT IN STATE GOVERNMENT.
57.13 (a) By October 1, 2008, each appointing authority in the executive branch of state
57.14government, including the Minnesota State Colleges and Universities, must report to the
57.15commissioner of finance on the incidence of employment, recruitment, retention, and
57.16retirement of veterans in their nonelected workforce for fiscal year 2008. The report
57.17must be made in a manner approved by the commissioner, and for each separate hiring
57.18unit must include tabulation by age category and length of state employment in the
57.19executive branch, including the state college and university system. Each executive branch
57.20appointing authority must also report specific veteran employment data requested by the
57.21commissioner as of June 30, 2008, June 30, 2001, and an earlier date if judged feasible
57.22by the commissioner. By January 15, 2009, the commissioner must submit a report on
57.23the employment of veterans in the executive branch to the chairs of the house and senate
57.24policy and finance committees having jurisdiction over veterans affairs. The report must
57.25present and analyze the data obtained in this paragraph.
57.26 (b) By October 1, 2008, the judicial branch of state government must report to
57.27the chairs of the house and senate policy and finance committees having jurisdiction
57.28over veterans affairs the number of veterans employed in the judicial branch nonelective
57.29workforce on June 30, 2008, based on self-reporting of veteran status. For each separate
57.30hiring unit, the data must include tabulation by age category and length of state
57.31employment in the judicial branch.
57.32 (c) By October 1, 2008, the house of representatives, the senate, and the Legislative
57.33Coordinating Commission on behalf of joint legislative offices and commissions, must
57.34report to the chairs of the house and senate policy and finance committees having
57.35jurisdiction over veterans affairs the number of veterans employed in their nonelective
58.1workforce on June 30, 2008, based on self-reporting of veteran status. For each separate
58.2hiring unit, the data must include tabulation by age category and length of state
58.3employment in the legislative branch.
58.4 (d) For purposes of this section, "veteran" has the meaning given in Minnesota
58.5Statutes, section 197.447.
58.6EFFECTIVE DATE.This section is effective the day following final enactment.
58.7 Sec. 22. REVISOR'S INSTRUCTION.
58.8 (a) The revisor shall change "board," "board of directors," or "Veterans Homes
58.9Board of Directors" to "commissioner" wherever it is used in Minnesota Statutes, sections
58.10198.003; 198.005; 198.006; 198.007; 198.022; 198.03; 198.05; 198.065; 198.066; 198.16;
58.11198.23; 198.261; 198.265; 198.266; 198.31; 198.33; 198.34; 198.35; 198.36; and 198.37;
58.12and shall change "board rules" to "rules adopted under this chapter" wherever it appears in
58.13Minnesota Statutes, sections 198.007 and 198.022.
58.14 (b) In Minnesota Rules, chapter 9050, the revisor shall:
58.15 (1) change the terms "executive director," "executive director of the board,"
58.16"executive director of the Veterans Homes Board," "Minnesota Veterans Homes Board,"
58.17and "board" to "commissioner of veterans affairs" except where the term "board" is used
58.18with a different meaning in Minnesota Rules, part 9050.0040, subpart 16;
58.19 (2) change the term "board-operated facility" to "facility operated by the
58.20commissioner of veterans affairs" and change the term "non-board-operated facility" to
58.21"facility not operated by the commissioner of veterans affairs";
58.22 (3) change the term "board-approved" to "approved by the commissioner of veterans
58.23affairs"; and
58.24 (4) eliminate the term "board" where it is used in the third paragraph of Minnesota
58.25Rules, part 9050.1070, subpart 9.
58.26 (c) The revisor shall change any of the terms in paragraph (a) or (b) to "commissioner
58.27of veterans affairs" if they are used to refer to the Veterans Homes Board of Directors or
58.28its executive director anywhere else in Minnesota Statutes or Minnesota Rules.
58.29 Sec. 23. REPEALER.
58.30Minnesota Statutes 2006, sections 190.17; 197.236, subdivisions 7 and 10; 198.001,
58.31subdivisions 6 and 9; 198.002, subdivisions 1, 3, and 6; 198.003, subdivisions 5 and 6;
58.32and 198.004, subdivision 2, and Minnesota Statutes 2007 Supplement, sections 198.002,
58.33subdivision 2; and 198.004, subdivision 1, are repealed.
58.34(b) Minnesota Rules, part 9050.0040, subpart 15, is repealed.
59.3 Section 1. Minnesota Statutes 2006, section 239.051, subdivision 15, is amended to
59.4read:
59.5 Subd. 15. Ethanol blender. "Ethanol blender" means a person who blends and
59.6distributes, transports, sells, or offers to sell gasoline containingten percent ethanol by
59.7volume.
59.8 Sec. 2. Minnesota Statutes 2007 Supplement, section 239.761, subdivision 4, is
59.9amended to read:
59.10 Subd. 4. Gasoline blended with ethanol; general. (a) Gasoline may be blended
59.11withup to ten percent, by volume, agriculturally derived, denatured ethanol that complies
59.12with the requirements of subdivision 5.
59.13 (b) A gasoline-ethanol blend must:
59.14 (1) comply with the volatility requirements in Code of Federal Regulations, title
59.1540, part 80;
59.16 (2) comply with ASTM specification D4814-06, or the gasoline base stock from
59.17which a gasoline-ethanol blend was produced must comply with ASTM specification
59.18D4814-06; and
59.19 (3) not be blended with casinghead gasoline, absorption gasoline, condensation
59.20gasoline, drip gasoline, or natural gasoline after the gasoline-ethanol blend has been sold,
59.21transferred, or otherwise removed from a refinery or terminal.
59.22 Sec. 3. Minnesota Statutes 2007 Supplement, section 239.761, is amended by adding a
59.23subdivision to read:
59.24 Subd. 4a. Gasoline blended with ethanol; standard combustion engines.
59.25 Gasoline combined with ethanol for use in standard combustion engines may be blended
59.26with up to ten percent agriculturally derived, denatured ethanol, by volume, or any
59.27percentage specifically authorized in a waiver granted by the United States Environmental
59.28Protection Agency under section 211(f)(4) of the Clean Air Act, United States Code, title
59.2942, section 7545, subsection (f), paragraph (4). The gasoline-ethanol blend must comply
59.30with the general provisions in subdivision 4.
59.31 Sec. 4. Minnesota Statutes 2007 Supplement, section 239.761, is amended by adding a
59.32subdivision to read:
60.1 Subd. 4b. Gasoline blended with ethanol; alternative fuel vehicles. (a) Gasoline
60.2blended for use in an alternative fuel vehicle, as defined in section 296A.01, subdivision 5,
60.3may contain any percentage of agriculturally derived, denatured ethanol, by volume, not
60.4to exceed 85 percent. The gasoline-ethanol blend must comply with the general provisions
60.5in subdivision 4. The gasoline and ethanol may be blended by an ethanol blender or at the
60.6point of retail sale in an ethanol-blending fuel dispenser clearly labeled "FLEX-FUEL
60.7VEHICLES ONLY." If blended by an ethanol blender, the percentage of ethanol in the
60.8resulting gasoline-ethanol blend must be clearly identified.
60.9 (b) If a person responsible for the product utilizes an ethanol-blending fuel dispenser
60.10to dispense both gasoline blended with ethanol for use in alternative fuel vehicles and
60.11gasoline blended with ethanol for use in standard combustion engines, the person must
60.12ensure that the gasoline blended with ethanol for use in standard combustion engines is
60.13dispensed from a fuel-dispensing hose and nozzle or other conveyance dedicated solely
60.14to gasoline blended with ethanol for use in standard combustion engines and clearly
60.15labeled as such.
60.16 (c) A person responsible for the product who complies with the provisions in
60.17paragraph (b) is not responsible for a self-service fueling action taken by that person's
60.18retail fuel customer.
60.19 Sec. 5. Minnesota Statutes 2006, section 239.7911, subdivision 2, is amended to read:
60.20 Subd. 2. Promotion of renewable liquid fuels. (a) The commissioner of
60.21agriculture, in consultation with the commissioners of commerce and the Pollution
60.22Control Agency, shall identify and implement activities necessary for the widespread use
60.23of renewable liquid fuels in the state. Beginning November 1, 2005, and continuing
60.24through 2015, the commissioners, or their designees, shall work with representatives
60.25from the renewable fuels industry, petroleum retailers, refiners, automakers, small engine
60.26manufacturers, and other interested groups, to develop annual recommendations for
60.27administrative and legislative action.
60.28 (b) The activities of the commissioners under this subdivision shall include, but not
60.29be limited to:
60.30 (1) developing recommendations for incentives for retailers to install equipment
60.31necessary for dispensing renewable liquid fuels to the public;
60.32 (2) expanding the renewable-fuel options available to Minnesota consumers by
60.33obtaining federal approval for the use of E20 and additional blends that contain a greater
60.34percentage of ethanol, including but not limited to E30 and E50, as gasoline;
61.1 (3) developing recommendations for ensuring that motor vehicles and small engine
61.2equipment have access to an adequate supply of fuel;
61.3 (4) working with the owners and operators of large corporate automotive fleets in the
61.4state to increase their use of renewable fuels; and
61.5 (5) working to maintain an affordable retail price for liquid fuels.
61.6 Sec. 6. Minnesota Statutes 2006, section 296A.01, subdivision 2, is amended to read:
61.7 Subd. 2. Agricultural alcohol gasoline. "Agricultural alcohol gasoline" means a
61.8gasoline-ethanol blendof up to ten percent agriculturally derived fermentation satisfying
61.9the provisions of section 239.761, subdivision 4a or 4b, with ethanol derived from
61.10agricultural products, such as potatoes, cereal, grains, cheese whey, sugar beets, forest
61.11products, or other renewable resources, that:
61.12(1) meets the specifications in ASTM specification D4806-04a; and
61.13(2) is denatured as specified in Code of Federal Regulations, title 27, parts 20 and 21.
61.14 Sec. 7. Minnesota Statutes 2007 Supplement, section 296A.01, subdivision 25, is
61.15amended to read:
61.16 Subd. 25. Gasoline blended with ethanol. "Gasoline blended with ethanol" means
61.17gasoline blended with up to 20 percent, by volume, agriculturally derived, denatured
61.18ethanol. The blend must comply with the volatility requirements in Code of Federal
61.19Regulations, title 40, part 80. The blend must also comply with ASTM specification
61.20D4814-06, or the gasoline base stock from which a gasoline-ethanol blend was produced
61.21must comply with ASTM specification D4814-06; and the gasoline-ethanol blend must
61.22not be blended with casinghead gasoline, absorption gasoline, condensation gasoline, drip
61.23gasoline, or natural gasoline after the gasoline-ethanol blend has been sold, transferred, or
61.24otherwise removed from a refinery or terminal. The blend need not comply with ASTM
61.25specification D4814-06 if it is subjected to a standard distillation test. For a distillation
61.26test, a gasoline-ethanol blend is not required to comply with the temperature specification
61.27at the 50 percent liquid recovery point, if the gasoline from which the gasoline-ethanol
61.28blend was produced complies with all of the distillation specifications a gasoline-ethanol
61.29blend satisfying the provisions of section 239.761, subdivision 4a or 4b.
1.3agriculture, fuel, and veterans policy; establishing or changing certain programs,
1.4requirements, and procedures; regulating certain activities; establishing a
1.5planning group and a working group; appropriating money;amending Minnesota
1.6Statutes 2006, sections 13.785, by adding a subdivision; 18B.065, subdivisions
1.72, 7; 18B.07, subdivision 2; 18D.305, subdivision 2; 18E.04, subdivision 2;
1.828A.03, by adding a subdivision; 28A.08; 28A.082, by adding a subdivision;
1.928A.09, subdivision 1; 29.23; 31.05; 31.171; 41D.01, subdivision 4; 97A.028,
1.10subdivision 3; 148.01, subdivision 1, by adding subdivisions; 192.20; 192.32,
1.11by adding a subdivision; 196.021; 196.03; 197.236; 198.32, subdivision 1;
1.12239.051, subdivision 15; 239.77, as amended; 239.7911, subdivision 2; 296A.01,
1.13subdivision 2; 349.12, subdivision 3a; 609.115, by adding a subdivision;
1.14Minnesota Statutes 2007 Supplement, sections 18B.065, subdivisions 1, 2a;
1.1518B.26, subdivision 3; 31.175; 35.244; 41A.105, subdivision 2; 197.791,
1.16subdivisions 1, 4, 5; 239.761, subdivision 4, by adding subdivisions; 296A.01,
1.17subdivisions 8a, 25; Laws 2007, chapter 45, article 1, section 3, subdivisions 3,
1.184, 5; proposing coding for new law in Minnesota Statutes, chapters 17; 32; 148;
1.19192; 196; 197; repealing Minnesota Statutes 2006, sections 190.17; 197.236,
1.20subdivisions 7, 10; 198.001, subdivisions 6, 9; 198.002, subdivisions 1, 3, 6;
1.21198.003, subdivisions 5, 6; 198.004, subdivision 2; Minnesota Statutes 2007
1.22Supplement, sections 41A.105, subdivision 5; 198.002, subdivision 2; 198.004,
1.23subdivision 1; Minnesota Rules, part 9050.0040, subpart 15.
1.24BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.27 Section 1. [17.118] LIVESTOCK INVESTMENT GRANT PROGRAM.
1.28 Subdivision 1. Establishment. The commissioner may award a livestock investment
1.29grant to a person who raises livestock in this state equal to ten percent of the first $500,000
1.30of qualifying expenditures, provided the person makes qualifying expenditures of at least
2.1$4,000. The commissioner may award multiple livestock investment grants to a person
2.2over the life of the program as long as the cumulative amount does not exceed $50,000.
2.3 Subd. 2. Definitions. (a) For the purposes of this section, the terms defined in this
2.4subdivision have the meanings given them.
2.5 (b) "Livestock" means beef cattle, dairy cattle, swine, poultry, goats, mules, farmed
2.6cervidae, ratitae, bison, sheep, horses, and llamas.
2.7 (c) "Qualifying expenditures" means the amount spent for:
2.8 (1) the acquisition, construction, or improvement of buildings or facilities for the
2.9production of livestock or livestock products;
2.10 (2) the development of pasture for use by livestock including, but not limited to, the
2.11acquisition, development, or improvement of:
2.12 (i) lanes used by livestock returning from pasture to a central location;
2.13 (ii) watering systems for livestock on pasture including water lines and booster
2.14pumps well installations;
2.15 (iii) livestock stream crossing stabilization; and
2.16 (iv) fences; or
2.17 (3) the acquisition of equipment for livestock housing, confinement, feeding, and
2.18waste management including, but not limited to, the following:
2.19 (i) freestall barns;
2.20 (ii) watering facilities;
2.21 (iii) feed storage and handling equipment;
2.22 (iv) milking parlors;
2.23 (v) robotic equipment;
2.24 (vi) scales;
2.25 (vii) milk storage and cooling facilities;
2.26 (viii) bulk tanks;
2.27 (ix) computer hardware and software and associated equipment used to monitor
2.28the productivity and feeding of livestock;
2.29 (x) manure pumping and storage facilities;
2.30 (xi) swine farrowing facilities;
2.31 (xii) swine and cattle finishing barns;
2.32 (xiii) calving facilities;
2.33 (xiv) digesters;
2.34 (xv) equipment used to produce energy;
2.35 (xvi) on-farm processing facilities equipment;
2.36 (xvii) fences; and
3.1 (xviii) livestock pens and corrals and sorting, restraining, and loading chutes.
3.2 Except for qualifying pasture development expenditures under clause (2), qualifying
3.3expenditures only include amounts that are allowed to be capitalized and deducted under
3.4either section 167 or 179 of the Internal Revenue Code in computing federal taxable
3.5income. Qualifying expenditures do not include an amount paid to refinance existing debt.
3.6 (d) "Qualifying period" means, for a grant awarded during a fiscal year, that full
3.7calendar year of which the first six months precede the first day of the current fiscal year.
3.8For example, an eligible person who makes qualifying expenditures during calendar
3.9year 2008 is eligible to receive a livestock investment grant between July 1, 2008, and
3.10June 30, 2009.
3.11 Subd. 3. Eligibility. (a) To be eligible for a livestock investment grant, a person
3.12must:
3.13 (1) be a resident of Minnesota or an entity authorized to farm in this state under
3.14section 500.24, subdivision 3;
3.15 (2) be the principal operator of the farm;
3.16 (3) hold an appropriate feedlot registration; and
3.17 (4) apply to the commissioner on forms prescribed by the commissioner including a
3.18statement of the qualifying expenditures made during the qualifying period along with any
3.19proof or other documentation the commissioner may require.
3.20 (b) The $50,000 maximum grant applies at the entity level for partnerships, S
3.21corporations, C corporations, trusts, and estates as well as at the individual level. In the
3.22case of married individuals, the grant is limited to $50,000 for a married couple.
3.23 Subd. 4. Process. The commissioner shall review completed applications and
3.24award grants to eligible applicants in the order in which applications were received by
3.25the commissioner. The commissioner shall certify eligible applications up to the amount
3.26appropriated for a fiscal year. The commissioner must place any additional eligible
3.27applications on a waiting list and, notwithstanding subdivision 2, paragraph (c), give
3.28them priority during the next fiscal year. The commissioner shall notify in writing any
3.29applicant who applies for a grant and is ineligible under the provisions of this section
3.30as well as any applicant whose application is received or reviewed after the fiscal year
3.31funding limit has been reached.
3.32 Sec. 2. Minnesota Statutes 2007 Supplement, section 18B.065, subdivision 1, is
3.33amended to read:
3.34 Subdivision 1. Collection and disposal. The commissioner of agriculture shall
3.35establish and operate a program to collect and dispose of waste pesticides. The program
4.1must be made available to
4.2whose waste generating activity occurs in this state.
4.3EFFECTIVE DATE.This section is effective July 1, 2008, and applies to all
4.4cooperative agreements entered into by the commissioner of agriculture and local units of
4.5government for waste pesticide collection and disposal after that date.
4.6 Sec. 3. Minnesota Statutes 2006, section 18B.065, subdivision 2, is amended to read:
4.7 Subd. 2. Implementation. (a) The commissioner may obtain a United States
4.8Environmental Protection Agency hazardous waste identification number to manage the
4.9waste pesticides collected.
4.10 (b) The commissioner may not limit the type and quantity of waste pesticides
4.11accepted for collection and may not assess pesticide end users for portions of the costs
4.12incurred.
4.13 Sec. 4. Minnesota Statutes 2007 Supplement, section 18B.065, subdivision 2a, is
4.14amended to read:
4.15 Subd. 2a. Disposal site requirement. (a) For agricultural waste pesticides, the
4.16commissioner must designate a place in each county of the state that is available at least
4.17every
4.18
4.19responsible for solid waste management and disposal in each county to determine an
4.20appropriate location and to advertise each collection event.
4.21 (b) For residential waste pesticides, the commissioner must provide periodic
4.22disposal opportunities each year in each county. As provided under subdivision 7, the
4.23commissioner may enter into agreements with county or regional solid waste management
4.24entities to provide these collections and shall provide these entities with funding for all
4.25costs incurred including, but not limited to, related supplies, transportation, advertising,
4.26and disposal costs as well as reasonable overhead costs.
4.27 (c) The person responsible for waste pesticide collections under paragraphs (a) and
4.28(b) shall record information on each waste pesticide product collected including, but not
4.29limited to, the product name, active ingredient or ingredients, and the quantity. The person
4.30must submit this information to the commissioner at least annually.
4.31EFFECTIVE DATE.This section is effective July 1, 2008, and applies to all
4.32cooperative agreements entered into by the commissioner of agriculture and local units of
4.33government for waste pesticide collection and disposal after that date.
5.1 Sec. 5. Minnesota Statutes 2006, section 18B.065, subdivision 7, is amended to read:
5.2 Subd. 7. Cooperative agreements. The commissioner may enter into cooperative
5.3agreements with state agencies and local units of government for administration of the
5.4waste pesticide collection program. The commissioner shall ensure that the program is
5.5carried out in all counties. If the commissioner cannot contract with another party to
5.6administer the program in a county, the commissioner shall perform collections according
5.7to the provisions of this section.
5.8 Sec. 6. Minnesota Statutes 2006, section 18B.07, subdivision 2, is amended to read:
5.9 Subd. 2. Prohibited pesticide use. (a) A person may not use, store, handle,
5.10distribute, or dispose of a pesticide, rinsate, pesticide container, or pesticide application
5.11equipment in a manner:
5.12 (1) that is inconsistent with a label or labeling as defined by FIFRA;
5.13 (2) that endangers humans, damages agricultural products, food, livestock, fish,
5.14or wildlife; or
5.15 (3) that will cause unreasonable adverse effects on the environment.
5.16 (b) A person may not direct a pesticide onto property beyond the boundaries of the
5.17target site. A pesticide application resulting in pesticide drift beyond the boundaries of
5.18the target site, whether intentional or not, is illegal. A person may not apply a pesticide
5.19resulting in damage to adjacent property.
5.20 (c) A person may not directly apply a pesticide on a human by overspray or target
5.21site spray, except when:
5.22 (1) the pesticide is intended for use on a human;
5.23 (2) the pesticide application is for mosquito control operations;
5.24 (3) the pesticide application is for control of gypsy moth, forest tent caterpillar,
5.25or other pest species, as determined by the commissioner, and the pesticide used is a
5.26biological agent; or
5.27 (4) the pesticide application is for a public health risk, as determined by the
5.28commissioner of health, and the commissioner of health, in consultation with the
5.29commissioner of agriculture, determines that the application is warranted based on
5.30the commissioner's balancing of the public health risk with the risk that the pesticide
5.31application poses to the health of the general population, with special attention to the
5.32health of children.
5.33 (d) For pesticide applications under paragraph (c), clause (2), the following
5.34conditions apply:
5.35 (1) no practicable and effective alternative method of control exists;
6.1 (2) the pesticide is among the least toxic available for control of the target pest; and
6.2 (3) notification to residents in the area to be treated is provided at least 24 hours
6.3before application through direct notification, posting daily on the treating organization's
6.4Web site, if any, and by sending a broadcast e-mail to those persons who request
6.5notification of such, of those areas to be treated by adult mosquito control techniques
6.6during the next calendar day. For control operations related to human disease, notice under
6.7this paragraph may be given less than 24 hours in advance.
6.8 (e) For pesticide applications under paragraph (c), clauses (3) and (4), the following
6.9conditions apply:
6.10 (1) no practicable and effective alternative method of control exists;
6.11 (2) the pesticide is among the least toxic available for control of the target pest; and
6.12 (3) notification of residents in the area to be treated is provided by direct notification
6.13and through publication in a newspaper of general circulation within the affected area.
6.14 (f) For purposes of this subdivision, "direct notification" may include mailings,
6.15public meetings, posted placards, neighborhood newsletters, or other means of contact
6.16designed to reach as many residents as possible. Public meetings held to meet this
6.17requirement for adult mosquito control, under paragraph (d), must be held within each
6.18city or town where the pesticide treatments are to be made, at a time and location that is
6.19convenient for residents of the area where the treatments will occur.
6.20 (g) A person may not apply a pesticide in a manner so as to expose a worker in an
6.21immediately adjacent, open field.
6.22 (h) Except for public health purposes, it is a violation of this chapter to apply for hire
6.23a pesticide to the incorrect site or to a site where an application has not been requested,
6.24ordered, or contracted for by the property owner or lawful manager or property manager
6.25of the site, notwithstanding that the application is done in a manner consistent with the
6.26label or labeling.
6.27 (i) Except for a pesticide application performed by a unit of government or its agent
6.28for maintenance purposes, it is illegal to apply a pesticide to a public right-of-way or to
6.29apply a pesticide on nearby property in a manner that results in the pesticide drifting onto
6.30a public right-of-way, whether the drift is intentional or not.
6.31 Sec. 7. Minnesota Statutes 2007 Supplement, section 18B.26, subdivision 3, is
6.32amended to read:
6.33 Subd. 3. Application fee. (a) A registrant shall pay an annual application fee for
6.34each pesticide to be registered, and this fee is set at 0.4 percent of annual gross sales
6.35within the state and annual gross sales of pesticides used in the state, with a minimum
7.1nonrefundable fee of $250. The registrant shall determine when and which pesticides
7.2are sold or used in this state. The registrant shall secure sufficient sales information of
7.3pesticides distributed into this state from distributors and dealers, regardless of distributor
7.4location, to make a determination. Sales of pesticides in this state and sales of pesticides
7.5for use in this state by out-of-state distributors are not exempt and must be included in the
7.6registrant's annual report, as required under paragraph (c), and fees shall be paid by the
7.7registrant based upon those reported sales. Sales of pesticides in the state for use outside
7.8of the state are exempt from the application fee in this paragraph if the registrant properly
7.9documents the sale location and distributors. A registrant paying more than the minimum
7.10fee shall pay the balance due by March 1 based on the gross sales of the pesticide by the
7.11registrant for the preceding calendar year. The fee for disinfectants and sanitizers shall be
7.12the minimum. The minimum fee is due by December 31 preceding the year for which
7.13the application for registration is made.
7.14
7.15
7.16fiscal year, the commissioner shall allocate from the pesticide regulatory account a sum
7.17sufficient to collect and dispose of waste pesticides under section 18B.065. However,
7.18notwithstanding section 18B.065, if at the end of any fiscal year the balance in the pesticide
7.19regulatory account is less than $1,000,000, the commissioner may suspend waste pesticide
7.20collections or provide partial payment to a person for waste pesticide collection. The
7.21commissioner must notify as soon as possible and no later than August 1 a person under
7.22contract to collect waste pesticides of an anticipated suspension or payment reduction.
7.23 (b) An additional fee of $100 must be paid by the applicant for each pesticide to be
7.24registered if the application is a renewal application that is submitted after December 31.
7.25 (c) A registrant must annually report to the commissioner the amount and type of
7.26each registered pesticide sold, offered for sale, or otherwise distributed in the state. The
7.27report shall be filed by March 1 for the previous year's registration. The commissioner
7.28shall specify the form of the report and require additional information deemed necessary
7.29to determine the amount and type of pesticides annually distributed in the state. The
7.30information required shall include the brand name, amount, and formulation of each
7.31pesticide sold, offered for sale, or otherwise distributed in the state, but the information
7.32collected, if made public, shall be reported in a manner which does not identify a specific
7.33brand name in the report.
7.34 (d) A registrant who is required to pay more than the minimum fee for any pesticide
7.35under paragraph (a) must pay a late fee penalty of $100 for each pesticide application fee
7.36paid after March 1 in the year for which the license is to be issued.
8.1EFFECTIVE DATE.This section is effective July 1, 2008, and applies to all
8.2cooperative agreements entered into by the commissioner of agriculture and local units of
8.3government for waste pesticide collection and disposal after that date.
8.4 Sec. 8. Minnesota Statutes 2006, section 18D.305, subdivision 2, is amended to read:
8.5 Subd. 2. Revocation and suspension. (a) The commissioner may, after written
8.6notice and hearing, revoke, suspend, or refuse to grant or renew a registration, permit,
8.7license, or certification if a person violates a provision of this chapter or has a history
8.8within the last three years of violations of this chapter.
8.9 (b) The commissioner may refuse to accept an application for a registration, permit,
8.10license, or certification, and may revoke or suspend a previously issued registration,
8.11permit, license, or certification of a person from another state if that person has:
8.12 (1) had a registration, permit, license, or certification denied, revoked, or suspended
8.13by another state for an offense reasonably related to the requirements, qualifications, or
8.14duties of a registration, permit, license, or certification issued under chapter 18B or 18C; or
8.15 (2) been convicted of a violation, had a history of violations, or been subject to a
8.16final order imposing civil penalties authorized under the Federal Insecticide, Fungicide
8.17and Rodenticide Act (FIFRA), as amended.
8.18 Sec. 9. Minnesota Statutes 2006, section 18E.04, subdivision 2, is amended to read:
8.19 Subd. 2. Payment of corrective action costs. (a) On request by an eligible person,
8.20the board may pay the eligible person for the reasonable and necessary cash disbursements
8.21for corrective action costs incurred by the eligible person as provided under subdivision 4
8.22if the board determines:
8.23 (1) the eligible person pays the first $1,000 of the corrective action costs;
8.24 (2) the eligible person provides the board with a sworn affidavit and other convincing
8.25evidence that the eligible person is unable to pay additional corrective action costs;
8.26 (3) the eligible person continues to assume responsibility for carrying out the
8.27requirements of corrective action orders issued to the eligible person or that are in effect;
8.28 (4) the incident was reported as required in chapters 18B, 18C, and 18D; and
8.29 (5) the eligible person submits an application for payment or reimbursement to the
8.30department, along with associated invoices, within three years of (i)
8.31
8.32corrective action design or plan for that work, whichever is later.
8.33 (b) The eligible person must submit an application for payment or reimbursement of
8.34eligible cost incurred prior to July 1, 2001, no later than June 1, 2004.
9.1 (c) An eligible person is not eligible for payment or reimbursement and must refund
9.2amounts paid or reimbursed by the board if false statements or misrepresentations are
9.3made in the affidavit or other evidence submitted to the commissioner to show an inability
9.4to pay corrective action costs.
9.5 (d) The board may pay the eligible person and one or more designees by multiparty
9.6check.
9.7 Sec. 10. Minnesota Statutes 2006, section 28A.03, is amended by adding a subdivision
9.8to read:
9.9 Subd. 10. Vending machine. "Vending machine" means a self-service device that,
9.10upon insertion of a coin, paper currency, token, card, or key, dispenses unit servings of
9.11food in bulk or in packages without the necessity of replenishing the device between
9.12each vending operation.
9.13 Sec. 11. Minnesota Statutes 2006, section 28A.08, is amended to read:
9.1428A.08 LICENSE FEES; PENALTIES.
9.15 Subdivision 1. General. License fees, penalties for late renewal of licenses, and
9.16penalties for not obtaining a license before conducting business in food handling that are
9.17set in this section apply to the sections named except as provided under section
9.18Except as specified herein, bonds and assessments based on number of units operated or
9.19volume handled or processed which are provided for in said laws shall not be affected,
9.20nor shall any penalties for late payment of said assessments, nor shall inspection fees, be
9.21affected by this chapter. The penalties may be waived by the commissioner. Fees for all
9.22new licenses must be based on the anticipated future gross annual food sales. If a firm is
9.23found to be operating for multiple years without paying license fees, the state may collect
9.24the appropriate fees and penalties for each year of operation.
9.25 Subd. 3. Fees effective July 1, 2003.
12.48 Sec. 12. Minnesota Statutes 2006, section 28A.082, is amended by adding a
12.49subdivision to read:
13.1 Subd. 3. Disaster areas. If the governor declares a disaster in an area of the
13.2state, the commissioner of agriculture may waive the plan review fee and direct agency
13.3personnel to expedite the plan review process.
13.4 Sec. 13. Minnesota Statutes 2006, section 28A.09, subdivision 1, is amended to read:
13.5 Subdivision 1. Annual fee; exceptions. Every
13.6is subject to an annual state inspection fee of $25 for each nonexempt machine except
13.7nut vending machines which are subject to an annual state inspection fee of $10 for each
13.8machine, provided that:
13.9 (a) Food vending machines may be inspected by either a home rule charter or
13.10statutory city, or a county, but not both, and if inspected by a home rule charter or statutory
13.11city, or a county they shall not be subject to the state inspection fee, but the home rule
13.12charter or statutory city, or the county may impose an inspection or license fee of no more
13.13than the state inspection fee. A home rule charter or statutory city or county that does
13.14not inspect food vending machines shall not impose a food vending machine inspection
13.15or license fee.
13.16 (b) Vending machines dispensing only gum balls, hard candy, unsorted candy, or ice
13.17manufactured and packaged by another
13.18by a cashier, are exempt from the state inspection fee, but may be inspected by the state. A
13.19home rule charter or statutory city may impose by ordinance an inspection or license fee
13.20of no more than the state inspection fee for nonexempt machines on the vending machines
13.21and water dispensing machines described in this paragraph. A county may impose
13.22by ordinance an inspection or license fee of no more than the state inspection fee for
13.23nonexempt machines on the vending machines and water dispensing machines described
13.24in this paragraph which are not located in a home rule charter or statutory city.
13.25 (c) Vending machines dispensing only bottled or canned soft drinks are exempt from
13.26the state, home rule charter or statutory city, and county inspection fees, but may be
13.27inspected by the commissioner or the commissioner's designee.
13.28 Sec. 14. Minnesota Statutes 2006, section 29.23, is amended to read:
13.2929.23 GRADING.
13.30 Subdivision 1. Grades, weight classes and standards for quality. All eggs
13.31purchased on the basis of grade by the first licensed buyer shall be graded in accordance
13.32with grade and weight classes established by the commissioner. The commissioner shall
13.33establish, by rule, and from time to time, may amend or revise, grades, weight classes,
13.34and standards for quality. When grades, weight classes, and standards for quality have
14.1been fixed by the secretary of the Department of Agriculture of the United States, they
14.2
14.3eggs in interstate and intrastate commerce.
14.4 Subd. 2. Equipment. The commissioner shall also by rule provide for minimum
14.5plant and equipment requirements for candling, grading, handling and storing eggs, and
14.6shall define candling. Equipment in use by a wholesale food handler before July 1, 1991,
14.7that does not meet the design and fabrication requirements of this chapter may remain in
14.8use if it is in good repair, capable of being maintained in a sanitary condition, and capable
14.9of maintaining a temperature of 45 degrees Fahrenheit (7 degrees Celsius) or less.
14.10 Subd. 3. Egg temperature. Eggs must be held at a temperature not to exceed 45
14.11degrees Fahrenheit (7 degrees Celsius) after being received by the egg handler except for
14.12cleaning, sanitizing, grading, and further processing when they must immediately be
14.13placed under refrigeration that is maintained at 45 degrees Fahrenheit (7 degrees Celsius)
14.14or below. Eggs offered for
14.15not to exceed
14.16August 1, 1991, is not subject to this requirement. Shell eggs that have been frozen must
14.17not be offered for sale except as approved by the commissioner.
14.18 Subd. 4. Vehicle temperature. A vehicle used
14.19shell eggs from a warehouse, retail store, candling and grading facility, or egg holding
14.20facility must have an ambient air temperature of 45 degrees Fahrenheit (7 degrees Celsius)
14.21or below.
14.22 Sec. 15. Minnesota Statutes 2006, section 31.05, is amended to read:
14.2331.05 EMBARGOES AND CONDEMNATIONS.
14.24 Subdivision 1. Definitions. As used in this section, "animals" means cattle; swine;
14.25sheep; goats; poultry; farmed cervidae, as defined in section 35.153, subdivision 3;
14.26llamas, as defined in section 17.455, subdivision 2; ratitae, as defined in section 17.453,
14.27subdivision 3; equines; and other large domesticated animals.
14.28 Subd. 1a. Tag or notice. A duly authorized agent of the commissioner who finds or
14.29has probable cause to believe that any food, animal, or consumer commodity is adulterated
14.30or so misbranded as to be dangerous or fraudulent, or is in violation of section
14.31shall affix to such article or animal a tag or other appropriate marking giving notice that
14.32such article or animal is, or is suspected of being, adulterated or misbranded and has
14.33been detained or embargoed, and warning all persons not to remove or dispose of such
14.34article or animal by sale or otherwise until permission for removal or disposal is given by
15.1such agent or the court. It shall be unlawful for any person to remove or dispose of such
15.2detained or embargoed article or animal by sale or otherwise without such permission.
15.3 Subd. 2. Action for condemnation. When an article or animal detained or
15.4embargoed under subdivision 1 has been found by such agent to be adulterated, or
15.5misbranded, the agent shall petition the district court in the county in which the article or
15.6animal is detained or embargoed for an order and decree for the condemnation of such
15.7article or animal. Any such agent who has found that an article or animal so detained or
15.8embargoed is not adulterated or misbranded, shall remove the tag or other marking.
15.9 Subd. 3. Remedies. If the court finds that a detained or embargoed article or animal
15.10is adulterated or misbranded, such article or animal shall, after entry of the decree, be
15.11destroyed at the expense of the claimant thereof, under the supervision of such agent, and
15.12all court costs and fees, and storage and other proper expenses, shall be taxed against
15.13the claimant of such article or animal or the claimant's agent; provided, that when the
15.14adulteration or misbranding can be corrected by proper labeling or processing of the article
15.15or animal, the court, after entry of the decree and after such costs, fees, and expenses have
15.16been paid and a good and sufficient bond, conditioned that such article or animal shall be
15.17so labeled or processed, has been executed, may by order direct that such article or animal
15.18be delivered to claimant thereof for such labeling or processing under the supervision of
15.19an agent of the commissioner. The expense of such supervision shall be paid by claimant.
15.20The article or animal shall be returned to the claimant and the bond shall be discharged on
15.21the representation to the court by the commissioner that the article or animal is no longer
15.22in violation and that the expenses of such supervision have been paid.
15.23 Subd. 4. Duties of commissioner. Whenever the commissioner or any of the
15.24commissioner's authorized agents shall find in any room, building, vehicle of transportation
15.25or other structure, any meat, seafood, poultry, vegetable, fruit, or other perishable articles
15.26of food which are unsound, or contain any filthy, decomposed, or putrid substance, or that
15.27may be poisonous or deleterious to health or otherwise unsafe, the same being hereby
15.28declared to be a nuisance, the commissioner, or the commissioner's authorized agent, shall
15.29forthwith condemn or destroy the same, or in any other manner render the same unsalable
15.30as human food, and no one shall have any cause of action against the commissioner or the
15.31commissioner's authorized agent on account of such action.
15.32 Subd. 5. Emergency response. In the event of an emergency declared by the
15.33governor's order under section
15.34believe that
15.35to be adulterated because of the emergency or so misbranded as to be dangerous or
15.36fraudulent, or is in violation of section
16.1embargo a geographic area that is included in the declared emergency. The commissioner
16.2shall provide notice to the public and to those with custody of the product in as thorough a
16.3manner as is practical under the emergency circumstances.
16.4 Sec. 16. Minnesota Statutes 2006, section 31.171, is amended to read:
16.531.171 EMPLOYMENT OF DISEASED PERSON.
16.6 It shall be unlawful for any person to work in or about any place where any fruit
16.7or any food products are manufactured, packed, stored, deposited, collected, prepared,
16.8produced or sold, whose condition is such that disease may be spread to associates direct,
16.9or through the medium of milk, cream, butter, other food or food products, likely to be
16.10eaten without being cooked after handling, whether such condition be due to a contagious
16.11or infectious
16.12disease germs, whether accompanied by, or without, any symptoms of the disease itself.
16.13 It shall be the duty of the commissioner, or the commissioner's assistant, inspector, or
16.14agent, to report to the state commissioner of health for investigation, any person suspected
16.15to be dangerous to the public health, as provided for in this section, and immediately to
16.16exclude such person from such employment pending investigation and during the period
16.17of infectiousness, if such person is certified by the state commissioner of health, or an
16.18authorized agent, to be dangerous to the public health.
16.19 Sec. 17. Minnesota Statutes 2007 Supplement, section 31.175, is amended to read:
16.2031.175 WATER, PLUMBING, AND SEWAGE.
16.21 A person who is required by statutes administered by the Department of Agriculture,
16.22or by rules adopted pursuant to those statutes, to provide a suitable water supply,
16.23or plumbing or sewage disposal system
16.24manufacturing, processing, selling, handling, or storing food at wholesale or retail
16.25unless the person's water supply is satisfactory
16.26adopted by the Department of Health, the person's plumbing is satisfactory pursuant to
16.27rules adopted by the Department of Labor and Industry, and the person's sewage disposal
16.28system satisfies the rules of the Pollution Control Agency.
16.29 Sec. 18. [32.416] SOMATIC CELL COUNT, GOAT MILK.
16.30 Notwithstanding any federal standard incorporated by reference in this chapter, the
16.31maximum allowable somatic cell count for raw goat milk is 1,500,000 cells per milliliter.
17.1 Sec. 19. Minnesota Statutes 2007 Supplement, section 35.244, is amended to read:
17.235.244
17.3 Subdivision 1. Designation of zones. The board has the authority to control
17.4tuberculosis and the movement of cattle, bison, goats, and farmed cervidae within and
17.5between tuberculosis zones in the state. Zones within the state may be designated
17.6as accreditation preparatory, modified accredited, modified accredited advanced, or
17.7accredited free as those terms are defined in Code of Federal Regulations, title 9, part 77.
17.8 Subd. 2. Control within modified accredited zone. In a modified accredited
17.9zone, the board has the authority to:
17.10 (1) require owners of cattle, bison, goats, or farmed cervidae to report personal
17.11contact information and location of livestock to the board;
17.12 (2) require a permit or movement certificates for all cattle, bison, goats, and farmed
17.13cervidae moving between premises within the zone or leaving or entering the zone;
17.14 (3) require official identification of all cattle, bison, goats, and farmed cervidae
17.15within the zone or leaving or entering the zone;
17.16 (4) require a negative tuberculosis test within 60 days prior to movement for any
17.17individual cattle, bison, goats, or farmed cervidae leaving the zone with the exception of
17.18cattle moving under permit directly to a slaughter facility under state or federal inspection;
17.19 (5) require a whole-herd tuberculosis test within 12 months prior to moving breeding
17.20cattle out of the zone;
17.21 (6) require annual herd inventories on all cattle, bison, goat, or farmed cervidae
17.22herds;
17.23 (7) require that a risk assessment be performed to evaluate the interaction of
17.24free-ranging deer with cattle, bison, goat, and farmed cervidae herds and require the owner
17.25to implement the recommendations of the risk assessment; and
17.26 (8) provide financial assistance to a person who fences a cattle feeding area.
17.27 Subd. 3. Authority to adopt rules. The board may adopt rules to provide for the
17.28control of tuberculosis in cattle. The rules may include provisions for quarantine, tests,
17.29and such other measures as the board deems appropriate. Federal regulations, as provided
17.30by Code of Federal Regulations, title 9, part 77, and the Bovine Tuberculosis Eradication
17.31Uniform Methods and Rules, are incorporated as part of the rules in this state.
17.32EFFECTIVE DATE.This section is effective the day following final enactment.
17.33 Sec. 20. Minnesota Statutes 2007 Supplement, section 41A.105, subdivision 2, is
17.34amended to read:
18.1 Subd. 2. NextGen Energy Board. There is created a NextGen Energy Board
18.2consisting of the commissioners of agriculture, commerce, natural resources, the Pollution
18.3Control Agency, and employment and economic development; the chairs of the house and
18.4senate committees with jurisdiction over energy finance; the chairs of the house and senate
18.5committees with jurisdiction over agriculture finance; one member of the second largest
18.6political party in the house, as appointed by the chairs of the house committees with
18.7jurisdiction over agriculture finance and energy finance; one member of the second largest
18.8political party in the senate, as appointed by the chairs of the senate committees with
18.9jurisdiction over agriculture finance and energy finance; and the executive director of the
18.10Agricultural Utilization Research Institute. In addition, the governor shall appoint
18.11eight members: two representing statewide agriculture organizations; two representing
18.12statewide environment and natural resource conservation organizations; one representing
18.13the University of Minnesota; one representing the Minnesota Institute for Sustainable
18.14Agriculture;
18.15and one representing the forest products industry.
18.16 Sec. 21. Minnesota Statutes 2006, section 41D.01, subdivision 4, is amended to read:
18.17 Subd. 4. Expiration. This section expires on June 30,
18.18EFFECTIVE DATE.This section is effective the day following final enactment.
18.19 Sec. 22. Minnesota Statutes 2006, section 97A.028, subdivision 3, is amended to read:
18.20 Subd. 3. Emergency deterrent materials assistance. (a) For the purposes of this
18.21subdivision, "cooperative damage management agreement" means an agreement between
18.22a landowner or tenant and the commissioner that establishes a program for addressing the
18.23problem of destruction of the landowner's or tenant's specialty crops or stored forage crops
18.24by wild animals, or destruction of agricultural crops by flightless Canada geese.
18.25 (b) A landowner or tenant may apply to the commissioner for emergency deterrent
18.26materials assistance in controlling destruction of the landowner's or tenant's specialty
18.27crops or stored forage crops by wild animals, or destruction of agricultural crops by
18.28flightless Canada geese. Subject to the availability of money appropriated for this purpose,
18.29the commissioner shall provide suitable deterrent materials when the commissioner
18.30determines that:
18.31 (1) immediate action is necessary to prevent significant damage from continuing
18.32
18.33 (2) a cooperative damage management agreement cannot be implemented
18.34immediately.
19.1 (c) A person may receive emergency deterrent materials assistance under this
19.2subdivision more than once, but the cumulative total value of deterrent materials provided
19.3to a person, or for use on a parcel, may not exceed $3,000 for specialty crops,
19.4
19.5
19.6
19.7flightless Canada geese. If a person is a co-owner or cotenant with respect to the specialty
19.8crops for which the deterrent materials are provided, the deterrent materials are deemed to
19.9be "provided" to the person for the purposes of this paragraph.
19.10 (d) As a condition of receiving emergency deterrent materials assistance under this
19.11subdivision, a landowner or tenant shall enter into a cooperative damage management
19.12agreement with the commissioner. Deterrent materials provided by the commissioner may
19.13include repellents, fencing materials, or other materials recommended in the agreement
19.14to alleviate the damage problem. If requested by a landowner or tenant, any fencing
19.15materials provided must be capable of providing long-term protection of specialty crops.
19.16A landowner or tenant who receives emergency deterrent materials assistance under
19.17this subdivision shall comply with the terms of the cooperative damage management
19.18agreement.
19.19 Sec. 23. Minnesota Statutes 2006, section 148.01, subdivision 1, is amended to read:
19.20 Subdivision 1. Definitions. For the purposes of sections
19.21 (1) "chiropractic" is defined as the science of adjusting any abnormal articulations of
19.22the human body, especially those of the spinal column, for the purpose of giving freedom
19.23of action to impinged nerves that may cause pain or deranged function; and
19.24 (2) "animal chiropractic diagnosis and treatment" means treatment that includes
19.25identifying and resolving vertebral subluxation complexes, spinal manipulation, and
19.26manipulation of the extremity articulations of nonhuman vertebrates. Animal chiropractic
19.27diagnosis and treatment does not include:
19.28 (i) performing surgery;
19.29 (ii) dispensing or administering of medications; or
19.30 (iii) performing traditional veterinary care and diagnosis.
19.31 Sec. 24. Minnesota Statutes 2006, section 148.01, is amended by adding a subdivision
19.32to read:
20.1 Subd. 1a. Animal chiropractic practice. A licensed chiropractor may engage in
20.2the practice of animal chiropractic diagnosis and treatment if registered to do so by the
20.3board, and the animal has been referred to the chiropractor by a veterinarian.
20.4 Sec. 25. Minnesota Statutes 2006, section 148.01, is amended by adding a subdivision
20.5to read:
20.6 Subd. 1b. Scope of practice; animal chiropractic. Criteria for registration
20.7to engage in the practice of animal chiropractic diagnosis and treatment must be set
20.8by the board, and must include, but are not limited to: active chiropractic license;
20.9education and training in the field of animal chiropractic from an American Veterinary
20.10Chiropractic Association, International Veterinary Chiropractic Association, or higher
20.11institution-approved course consisting of no less than 210 hours, meeting continuing
20.12education requirements; and other conditions and rules set by the board. The board
20.13shall consult with the State Board of Veterinary Medicine in preparing proposed rules
20.14on animal chiropractic.
20.15 Sec. 26. Minnesota Statutes 2006, section 148.01, is amended by adding a subdivision
20.16to read:
20.17 Subd. 1c. Titles. Notwithstanding the limitations established in section 156.12,
20.18subdivision 4, a doctor of chiropractic properly registered to provide chiropractic care to
20.19animals in accordance with this chapter and rules of the board may use the title "animal
20.20chiropractor."
20.21 Sec. 27. Minnesota Statutes 2006, section 148.01, is amended by adding a subdivision
20.22to read:
20.23 Subd. 1d. Provisional interim statute. Upon approval by the board, a licensed
20.24chiropractor who has already taken and passed the education and training requirement
20.25set forth in subdivision 1b may engage in the practice of animal chiropractic during the
20.26time that the rules are being promulgated by the board. Enforcement actions may not
20.27be taken against persons who have completed the approved program of study by the
20.28American Veterinary Chiropractic Association or the International Veterinary Chiropractic
20.29Association until the rules have been adopted by the board.
20.30 Sec. 28. [148.032] EDUCATIONAL CRITERIA FOR LICENSURE IN ANIMAL
20.31CHIROPRACTIC DIAGNOSIS AND TREATMENT; RECORDS; TREATMENT
20.32NOTES.
21.1 (a) The following educational criteria must be applied to any licensed chiropractor
21.2who requests registration in animal chiropractic diagnosis and treatment. The criteria must
21.3include education and training in the following subjects:
21.4 (1) anatomy;
21.5 (2) anatomy laboratory;
21.6 (3) biomechanics and gait;
21.7 (4) chiropractic educational basics;
21.8 (5) animal chiropractic diversified adjusting technique, including:
21.9 (i) lecture cervical;
21.10 (ii) thoracic;
21.11 (iii) lumbosacral;
21.12 (iv) pelvic; and
21.13 (v) extremity;
21.14 (6) animal chiropractic diversified adjusting technique, including:
21.15 (i) laboratory cervical;
21.16 (ii) thoracic;
21.17 (iii) lumbosacral;
21.18 (iv) pelvic; and
21.19 (v) extremity;
21.20 (7) case management and case studies;
21.21 (8) chiropractic philosophy;
21.22 (9) ethics and legalities;
21.23 (10) neurology, neuroanatomy, and neurological conditions;
21.24 (11) pathology;
21.25 (12) radiology;
21.26 (13) research in current chiropractic and veterinary topics;
21.27 (14) rehabilitation, current topics, evaluation, and assessment;
21.28 (15) normal foot anatomy and normal foot care;
21.29 (16) saddle fit and evaluation, lecture, and laboratory;
21.30 (17) veterinary educational basics;
21.31 (18) vertebral subluxation complex; and
21.32 (19) zoonotic diseases.
21.33 (b) A licensed chiropractor requesting registration in animal chiropractic diagnosis
21.34and treatment must have completed and passed a course of study from an American
21.35Veterinary Chiropractic Association, International Veterinary Chiropractic Association, or
22.1higher institution-approved program, consisting of no less than 210 hours of education
22.2and training as set forth in paragraph (a).
22.3 (c) A licensed chiropractor engaged in the practice of animal chiropractic diagnosis
22.4and treatment must maintain complete and accurate records and patient files in the
22.5chiropractor's office for at least three years.
22.6 (d) A licensed chiropractor engaged in the practice of animal chiropractic diagnosis
22.7and treatment must make treatment notes and records available to the patient's owner
22.8upon request and must communicate their findings and treatment plan with the referring
22.9veterinarian if requested by the patient's owner.
22.10 (e) A licensed chiropractor who treats both animal and human patients in the same
22.11facility must post a conspicuous sign in the reception area of that facility informing
22.12customers that nonhuman patients are treated on the premises.
22.13 Sec. 29. [148.033] ANIMAL CHIROPRACTIC CONTINUING EDUCATION
22.14HOURS.
22.15 Any chiropractor engaged in the practice of animal chiropractic diagnosis and
22.16treatment applying for renewal of a registration related to animal chiropractic diagnosis
22.17and treatment must have completed a minimum of six hours annually of continuing
22.18education in animal chiropractic diagnosis and treatment, in addition to the required 20
22.19hours annually of continuing education in human chiropractic under this chapter. The
22.20continuing education course attended for purposes of complying with this section must be
22.21approved by the board prior to attendance by the chiropractor.
22.22 Sec. 30. [148.035] SEPARATE TREATMENT ROOM REQUIRED.
22.23 A licensed chiropractor who provides animal chiropractic treatment in the same
22.24facility where human patients are treated, shall maintain a separate noncarpeted room for
22.25the purpose of adjusting animals. The table and equipment used for animals shall not be
22.26used for human patients.
22.27 Sec. 31. Laws 2007, chapter 45, article 1, section 3, subdivision 3, is amended to read:
| 22.28 22.29 |
Subd. 3. Agricultural Marketing and Development |
8,547,000 |
5,157,000 |
||||
22.31second year are for transfer to the Minnesota
22.32grown account and may be used as grants
22.33for Minnesota grown promotion under
23.1Minnesota Statutes, section
23.2may be made for one year. Notwithstanding
23.3Minnesota Statutes, section
23.4appropriations encumbered under contract on
23.5or before June 30, 2009, for Minnesota grown
23.6grants in this paragraph are available until
23.7June 30, 2011. $50,000 of the appropriation
23.8in each year is for efforts that identify
23.9and promote Minnesota grown products
23.10in retail food establishments including but
23.11not limited to restaurants, grocery stores,
23.12and convenience stores. The balance in the
23.13Minnesota grown matching account in the
23.14agricultural fund is canceled to the Minnesota
23.15grown account in the agricultural fund and
23.16the Minnesota grown matching account is
23.17abolished.
23.18$160,000 the first year and $160,000 the
23.19second year are for grants to farmers for
23.20demonstration projects involving sustainable
23.21agriculture as authorized in Minnesota
23.22Statutes, section
23.23for grants, up to $20,000 may be used for
23.24dissemination of information about the
23.25demonstration projects. Notwithstanding
23.26Minnesota Statutes, section
23.27appropriations encumbered under contract
23.28on or before June 30, 2009, for sustainable
23.29agriculture grants in this paragraph are
23.30available until June 30, 2011.
23.31$100,000 the first year and $100,000
23.32the second year are to provide training
23.33and technical assistance to county and
23.34town officials relating to livestock siting
23.35issues and local zoning and land use
23.36planning, including a checklist template that
24.1would clarify the federal, state, and local
24.2government requirements for consideration
24.3of an animal agriculture modernization
24.4or expansion project. In developing
24.5the training and technical assistance
24.6program, the commissioner shall seek
24.7guidance, advice, and support of livestock
24.8producer organizations, general agricultural
24.9organizations, local government associations,
24.10academic institutions, other government
24.11agencies, and others with expertise in land
24.12use and agriculture.
24.13$103,000 the first year and $106,000 the
24.14second year are for additional integrated pest
24.15management activities.
24.16$2,500,000 the first year is for the agricultural
24.17best management practices loan program. At
24.18least $2,000,000 is available for pass-through
24.19to local governments and lenders for
24.20low-interest loans. Any unencumbered
24.21balance does not cancel at the end of the first
24.22year and is available for the second year.
24.23$1,000,000 the first year is for the agricultural
24.24best management practices loan program for
24.25capital equipment loans for persons using
24.26native, perennial cropping systems for energy
24.27or seed production. This appropriation is
24.28available until spent. * (The preceding text
24.29beginning "$1,000,000 the first year" was
24.30indicated as vetoed by the governor.)
24.31$100,000 the first year and $100,000 the
24.32second year are for annual cost-share
24.33payments to resident farmers or persons
24.34who sell, process, or package agricultural
24.35products in this state for the costs of organic
25.1certification. Annual cost-share payments
25.2per farmer must be two-thirds of the cost
25.3of the certification or $350, whichever is
25.4less. In any year that a resident farmer or
25.5person who sells, processes, or packages
25.6agricultural products in this state receives
25.7a federal organic certification cost-share
25.8payment, that resident farmer or person is
25.9not eligible for state cost-share payments.
25.10A certified farmer is eligible to receive
25.11annual certification cost-share payments for
25.12up to five years. $15,000 each year is for
25.13organic market and program development.
25.14The commissioner may allocate any excess
25.15appropriation in either fiscal year for organic
25.16producer education efforts, assistance for
25.17persons transitioning from conventional
25.18to organic agriculture, or sustainable
25.19agriculture demonstration grants authorized
25.20under Minnesota Statutes, section
25.21and pertaining to organic research or
25.22demonstration. Any unencumbered balance
25.23does not cancel at the end of the first year
25.24and is available for the second year.
25.25EFFECTIVE DATE.This section is effective the day following final enactment.
25.26 Sec. 32. Laws 2007, chapter 45, article 1, section 3, subdivision 4, is amended to read:
| 25.27 25.28 |
Subd. 4. Bioenergy and Value-Added Agricultural Products |
19,918,000 |
15,168,000 |
||||
25.30the second year are for ethanol producer
25.31payments under Minnesota Statutes, section
25.33producers are eligible in a quarter exceeds
25.34the amount available for payments, the
25.35commissioner shall make payments on a
26.1pro rata basis. If the appropriation exceeds
26.2the total amount for which all producers
26.3are eligible in a fiscal year for scheduled
26.4payments and for deficiencies in payments
26.5during previous fiscal years, the balance
26.6in the appropriation is available to the
26.7commissioner for value-added agricultural
26.8programs including the value-added
26.9agricultural product processing and
26.10marketing grant program under Minnesota
26.11Statutes, section
26.12appropriation remains available until spent.
26.13$3,000,000 the first year is for grants to
26.14bioenergy projects. The NextGen Energy
26.15Board shall make recommendations to
26.16the commissioner on grants for owners of
26.17Minnesota facilities producing bioenergy,
26.18organizations that provide for on-station,
26.19on-farm field scale research and outreach to
26.20develop and test the agronomic and economic
26.21requirements of diverse stands of prairie
26.22plants and other perennials for bioenergy
26.23systems, or certain nongovernmental
26.24entities. For the purposes of this paragraph,
26.25"bioenergy" includes transportation fuels
26.26derived from cellulosic material as well as
26.27the generation of energy for commercial heat,
26.28industrial process heat, or electrical power
26.29from cellulosic material via gasification
26.30or other processes. The board must give
26.31priority to a bioenergy facility that is at
26.32least 60 percent owned and controlled by
26.33farmers, as defined in Minnesota Statutes,
26.34section
26.35(n), or natural persons residing in the
26.36county or counties contiguous to where the
27.1facility is located. Grants are limited to 50
27.2percent of the cost of research, technical
27.3assistance, or equipment related to bioenergy
27.4production or $500,000, whichever is less.
27.5Grants to nongovernmental entities for the
27.6development of business plans and structures
27.7related to community ownership of eligible
27.8bioenergy facilities together may not exceed
27.9$150,000. The board shall make a good
27.10faith effort to select projects that have
27.11merit and when taken together represent a
27.12variety of bioenergy technologies, biomass
27.13feedstocks, and geographic regions of the
27.14state. Projects must have a qualified engineer
27.15certification on the technology and fuel
27.16source. Grantees shall provide reports at
27.17the request of the commissioner and must
27.18actively participate in the Agricultural
27.19Utilization Research Institute's Renewable
27.20Energy Roundtable. No later than February
27.211, 2009, the commissioner shall report on
27.22the projects funded under this appropriation
27.23to the house and senate committees with
27.24jurisdiction over agriculture finance. The
27.25commissioner's costs in administering the
27.26program may be paid from the appropriation.
27.27Any unencumbered balance does not cancel
27.28at the end of the first year and is available in
27.29the second year.
27.30$350,000 the first year is for grants to
27.31the Minnesota Institute for Sustainable
27.32Agriculture at the University of Minnesota
27.33to provide funds for on-station and on-farm
27.34field scale research and outreach to develop
27.35and test the agronomic and economic
27.36requirements of diverse stands of prairie
28.1plants and other perennials for bioenergy
28.2systems including, but not limited to,
28.3multiple species selection and establishment,
28.4ecological management between planting
28.5and harvest, harvest technologies, financial
28.6and agronomic risk management, farmer
28.7goal setting and adoption of technologies,
28.8integration of wildlife habitat into
28.9management approaches, evaluation of
28.10carbon and other benefits, and robust policies
28.11needed to induce farmer conversion on
28.12marginal lands. * (The preceding text
28.13beginning "$350,000 the first year" was
28.14indicated as vetoed by the governor.)
28.15$200,000 the first year is for a grant to the
28.16Minnesota Turf Seed Council for basic
28.17and applied agronomic research on native
28.18plants, including plant breeding, nutrient
28.19management, pest management, disease
28.20management, yield, and viability. The grant
28.21recipient may subcontract with a qualified
28.22third party for some or all of the basic
28.23or applied research. The grant recipient
28.24must actively participate in the Agricultural
28.25Utilization Research Institute's Renewable
28.26Energy Roundtable and no later than
28.27February 1, 2009, must report to the house
28.28and senate committees with jurisdiction
28.29over agriculture finance. This is a onetime
28.30appropriation and is available until spent.
28.31$200,000 the first year is for a grant to a joint
28.32venture combined heat and power energy
28.33facility located in Scott or LeSueur County
28.34for the creation of a centrally located biomass
28.35fuel supply depot with the capability of
28.36unloading, processing, testing, scaling, and
29.1storing renewable biomass fuels. The grant
29.2must be matched by at least $3 of nonstate
29.3funds for every $1 of state funds. The grant
29.4recipient must actively participate in the
29.5Agricultural Utilization Research Institute's
29.6Renewable Energy Roundtable and no
29.7later than February 1, 2009, must report
29.8to the house and senate committees with
29.9jurisdiction over agriculture finance. This is
29.10a onetime appropriation and is available until
29.11spent.
29.12$300,000 the first year is for a grant to the
29.13Bois Forte Band of Chippewa for a feasibility
29.14study of a renewable energy biofuels
29.15demonstration facility on the Bois Forte
29.16Reservation in St. Louis and Koochiching
29.17Counties. The grant shall be used by the Bois
29.18Forte Band to conduct a detailed feasibility
29.19study of the economic and technical viability
29.20of developing a multistream renewable
29.21energy biofuels demonstration facility
29.22on Bois Forte Reservation land to utilize
29.23existing forest resources, woody biomass,
29.24and cellulosic material to produce biofuels or
29.25bioenergy. The grant recipient must actively
29.26participate in the Agricultural Utilization
29.27Research Institute's Renewable Energy
29.28Roundtable and no later than February 1,
29.292009, must report to the house and senate
29.30committees with jurisdiction over agriculture
29.31finance. This is a onetime appropriation and
29.32is available until spent.
29.33$300,000 the first year is for a grant to
29.34the White Earth Band of Chippewa for a
29.35feasibility study of a renewable energy
29.36biofuels production, research, and production
30.1facility on the White Earth Reservation in
30.2Mahnomen County. The grant must be used
30.3by the White Earth Band and the University
30.4of Minnesota to conduct a detailed feasibility
30.5study of the economic and technical viability
30.6of (1) developing a multistream renewable
30.7energy biofuels demonstration facility on
30.8White Earth Reservation land to utilize
30.9existing forest resources, woody biomass,
30.10and cellulosic material to produce biofuels or
30.11bioenergy, and (2) developing, harvesting,
30.12and marketing native prairie plants and seeds
30.13for bioenergy production. The grant recipient
30.14must actively participate in the Agricultural
30.15Utilization Research Institute's Renewable
30.16Energy Roundtable and no later than
30.17February 1, 2009, must report to the house
30.18and senate committees with jurisdiction
30.19over agriculture finance. This is a onetime
30.20appropriation and is available until spent.
30.21$200,000 the first year is for a grant to the Elk
30.22River Economic Development Authority for
30.23upfront engineering and a feasibility study
30.24of the Elk River renewable fuels facility.
30.25The facility must use a plasma gasification
30.26process to convert primarily cellulosic
30.27material, but may also use plastics and other
30.28components from municipal solid waste, as
30.29feedstock for the production of methanol
30.30for use in biodiesel production facilities.
30.31Any unencumbered balance in fiscal year
30.322008 does not cancel but is available for
30.33fiscal year 2009. Notwithstanding Minnesota
30.34Statutes, section
30.35not transfer this appropriation. The grant
30.36recipient must actively participate in the
31.1Agricultural Utilization Research Institute's
31.2Renewable Energy Roundtable and no
31.3later than February 1, 2009, must report
31.4to the house and senate committees with
31.5jurisdiction over agriculture finance. This is
31.6a onetime appropriation and is available until
31.7spent.
31.8$200,000 the first year is for a grant to
31.9Chisago County to conduct a detailed
31.10feasibility study of the economic and
31.11technical viability of developing a
31.12multistream renewable energy biofuels
31.13demonstration facility in Chisago, Isanti,
31.14or Pine County to utilize existing forest
31.15resources, woody biomass, and cellulosic
31.16material to produce biofuels or bioenergy.
31.17Chisago County may expend funds to Isanti
31.18and Pine Counties and the University of
31.19Minnesota for any costs incurred as part
31.20of the study. The feasibility study must
31.21consider the capacity of: (1) the seed bank
31.22at Wild River State Park to expand the
31.23existing prairie grass, woody biomass, and
31.24cellulosic material resources in Chisago,
31.25Isanti, and Pine Counties; (2) willing and
31.26interested landowners in Chisago, Isanti, and
31.27Pine Counties to grow cellulosic materials;
31.28and (3) the Minnesota Conservation Corps,
31.29the sentence to serve program, and other
31.30existing workforce programs in east central
31.31Minnesota to contribute labor to these efforts.
31.32The grant recipient must actively participate
31.33in the Agricultural Utilization Research
31.34Institute's Renewable Energy Roundtable and
31.35no later than February 1, 2009, must report
31.36to the house and senate committees with
32.1jurisdiction over agriculture finance. This is
32.2a onetime appropriation and is available until
32.3spent.
32.4EFFECTIVE DATE.This section is effective the day following final enactment.
32.5 Sec. 33. Laws 2007, chapter 45, article 1, section 3, subdivision 5, is amended to read:
| 32.6 32.7 |
Subd. 5. Administration and Financial Assistance |
7,338,000 |
6,751,000 |
||||
32.9the second year are for continuation of
32.10the dairy development and profitability
32.11enhancement and dairy business planning
32.12grant programs established under Laws 1997,
32.13chapter 216, section 7, subdivision 2, and
32.14Laws 2001, First Special Session chapter 2,
32.15section 9, subdivision 2 . The commissioner
32.16may allocate the available sums among
32.17permissible activities, including efforts to
32.18improve the quality of milk produced in the
32.19state in the proportions that the commissioner
32.20deems most beneficial to Minnesota's dairy
32.21farmers. The commissioner must submit a
32.22work plan detailing plans for expenditures
32.23under this program to the chairs of the
32.24house and senate committees dealing with
32.25agricultural policy and budget on or before
32.26the start of each fiscal year. If significant
32.27changes are made to the plans in the course
32.28of the year, the commissioner must notify the
32.29chairs.
32.30$50,000 the first year and $50,000 the
32.31second year are for the Northern Crops
32.32Institute. These appropriations may be spent
32.33to purchase equipment.
33.1$19,000 the first year and $19,000 the
33.2second year are for a grant to the Minnesota
33.3Livestock Breeders Association.
33.4$250,000 the first year and $250,000 the
33.5second year are for grants to the Minnesota
33.6Agricultural Education Leadership Council
33.7for programs of the council under Minnesota
33.8Statutes, chapter 41D.
33.9$600,000 the first year is for grants for
33.10fertilizer research as awarded by the
33.11Minnesota Agricultural Fertilizer Research
33.12and Education Council under Minnesota
33.13Statutes, section
33.14
33.15the commissioner pursuant to Minnesota
33.16Statutes, section 18C.70, subdivision 2, for
33.17administration of this activity is available
33.18until February 1, 2009, by which time the
33.19commissioner shall report to the house and
33.20senate committees with jurisdiction over
33.21agriculture finance. The report must include
33.22the progress and outcome of funded projects
33.23as well as the sentiment of the council
33.24concerning the need for additional research
33.25funded through an industry checkoff fee.
33.26$465,000 the first year and $465,000 the
33.27second year are for payments to county and
33.28district agricultural societies and associations
33.29under Minnesota Statutes, section
33.30subdivision 1
33.31district agricultural societies and associations
33.32shall be disbursed not later than July 15 of
33.33each year. These payments are the amount of
33.34aid owed by the state for an annual fair held
33.35in the previous calendar year.
34.1$65,000 the first year and $65,000 the second
34.2year are for annual grants to the Minnesota
34.3Turf Seed Council for basic and applied
34.4research on the improved production of
34.5forage and turf seed related to new and
34.6improved varieties. The grant recipient may
34.7subcontract with a qualified third party for
34.8some or all of the basic and applied research.
34.9$500,000 the first year and $500,000 the
34.10second year are for grants to Second Harvest
34.11Heartland on behalf of Minnesota's six
34.12Second Harvest food banks for the purchase
34.13of milk for distribution to Minnesota's food
34.14shelves and other charitable organizations
34.15that are eligible to receive food from the food
34.16banks. Milk purchased under the grants must
34.17be acquired from Minnesota milk processors
34.18and based on low-cost bids. The milk must be
34.19allocated to each Second Harvest food bank
34.20serving Minnesota according to the formula
34.21used in the distribution of United States
34.22Department of Agriculture commodities
34.23under The Emergency Food Assistance
34.24Program (TEFAP). Second Harvest
34.25Heartland must submit quarterly reports
34.26to the commissioner on forms prescribed
34.27by the commissioner. The reports must
34.28include, but are not limited to, information
34.29on the expenditure of funds, the amount
34.30of milk purchased, and the organizations
34.31to which the milk was distributed. Second
34.32Harvest Heartland may enter into contracts
34.33or agreements with food banks for shared
34.34funding or reimbursement of the direct
34.35purchase of milk. Each food bank receiving
34.36money from this appropriation may use up to
35.1two percent of the grant for administrative
35.2expenses.
35.3$100,000 the first year and $100,000 the
35.4second year are for transfer to the Board of
35.5Trustees of the Minnesota State Colleges and
35.6Universities for mental health counseling
35.7support to farm families and business
35.8operators through farm business management
35.9programs at Central Lakes College and
35.10Ridgewater College.
35.11$18,000 the first year and $18,000 the
35.12second year are for grants to the Minnesota
35.13Horticultural Society.
35.14$50,000 is for a grant to the University of
35.15Minnesota, Department of Horticultural
35.16Science, Enology Laboratory, to upgrade
35.17and purchase instrumentation to allow
35.18rapid and accurate measurement of enology
35.19components. This is a onetime appropriation
35.20and is available until expended.
35.21 Sec. 34. 2008 FAMILY MOTOR COACH ASSOCIATION EVENT.
35.22 For the 2008 Family Motor Coach Association event held on the State Fair grounds,
35.23the fee the State Agricultural Society must obtain for expansion of the recreational
35.24camping area license, as required in Minnesota Statutes, section 327.15, shall be 50
35.25percent of the primary license fee prescribed in Minnesota Rules, part 4630.2000.
35.26 Sec. 35. INDUSTRIAL HEMP DEVELOPMENT AND REGULATION.
35.27 (a) The Agricultural Utilization Research Institute, in consultation with the
35.28commissioner of agriculture shall create a detailed proposal for establishing industrial
35.29hemp as a cash crop option for Minnesota's agricultural producers. Commercial industrial
35.30hemp production would not be allowed and the commissioner would not promulgate any
35.31administrative rules until the United States Department of Justice, Drug Enforcement
35.32Administration, authorizes a person to commercially grow industrial hemp in the United
35.33States, at which time the commissioner shall evaluate industrial hemp laws in other states
36.1and propose a system of licensure and regulation that does not interfere with the strict
36.2regulation of controlled substances in this state.
36.3 (b) No later than January 15, 2009, the commissioner shall present the proposal in
36.4paragraph (a) to the house and senate committees with jurisdiction over agriculture and
36.5public safety policy and finance.
36.6 Sec. 36. VIRAL HEMORRHAGIC SEPTICEMIA TESTING.
36.7 The commissioners of agriculture, health, and natural resources shall form a work
36.8group and develop a plan for detecting and responding to the presence of the fish virus
36.9Viral Hemorrhagic Septicemia (VHS) in Minnesota. The plan must cover how the joint
36.10laboratory facility at the Departments of Agriculture and Health may be used to provide
36.11testing needed to diagnose and respond to VHS. No later than January 5, 2009, the
36.12commissioners shall present the plan to the chairs of the house and senate committees with
36.13jurisdiction over agriculture, health, and natural resources policy and finance.
36.14 Sec. 37. REPEALER.
36.15Minnesota Statutes 2007 Supplement, section 41A.105, subdivision 5, is repealed.
36.18 Section 1. Minnesota Statutes 2006, section 239.77, as amended by Laws 2007, chapter
36.1962, sections 3 and 4, is amended to read:
36.20239.77 BIODIESEL CONTENT MANDATE.
36.21 Subdivision 1. Biodiesel fuel. "Biodiesel fuel" means a renewable, biodegradable,
36.22mono alkyl ester combustible liquid fuel that is derived from agricultural or other
36.23plant oils or animal fats
36.24specification D6751-07 for Biodiesel Fuel (B100) Blend Stock for Distillate Fuels;
36.25and that is manufactured by a person certified by the BQ-9000 National Biodiesel
36.26Accreditation Program.
36.27 Subd. 2. Minimum content. (a) Except as otherwise provided in this section, all
36.28diesel fuel sold or offered for sale in Minnesota for use in internal combustion engines
36.29must contain at least
36.30on and after the following dates:
| 36.31 |
(1) |
September 29, 2005 |
2 percent |
| 36.32 |
(2) |
May 1, 2009 |
5 percent |
| 37.1 |
(3) |
May 1, 2012 |
10 percent |
| 37.2 |
(4) |
May 1, 2015 |
20 percent |
37.4months of April, May, June, July, August, September, and October only. The minimum
37.5content for the remainder of the year is five percent. However, if the commissioners of
37.6agriculture, commerce, and the Pollution Control Agency determine, after consultation
37.7with the Biodiesel Task Force and other technical experts, that an American Society for
37.8Testing and Materials specification or equivalent federal standard exists for the specified
37.9biodiesel blend level in those clauses that adequately addresses technical issues associated
37.10with Minnesota's cold weather and publish a notice in the State Register to that effect,
37.11the commissioners may allow the specified biodiesel blend level in those clauses to be
37.12effective year round.
37.13 (b) The minimum content levels in paragraph (a), clauses (3) and (4), become
37.14effective on the date specified only if the commissioners of agriculture, commerce, and the
37.15Pollution Control Agency publish notice in the State Register and provide written notice
37.16to the chairs of the house of representatives and senate committees with jurisdiction over
37.17agriculture, commerce, and transportation policy and finance, at least 270 days prior to the
37.18date of each scheduled increase, that all of the following conditions have been met and the
37.19state is prepared to move to the next scheduled minimum content level:
37.20 (1) an American Society for Testing and Materials specification or equivalent federal
37.21standard exists for the next minimum diesel-biodiesel blend;
37.22 (2) a sufficient supply of biodiesel is available and the amount of biodiesel produced
37.23in this state is equal to at least 50 percent of anticipated demand at the next minimum
37.24content level; and
37.25 (3) adequate blending infrastructure and regulatory protocol are in place in order to
37.26promote biodiesel quality and avoid any potential economic disruption.
37.27 (c) The commissioners of agriculture, commerce, and the Pollution Control Agency
37.28must consult with the Biodiesel Task Force when assessing and certifying conditions in
37.29paragraph (b), and in general must seek the guidance of the Biodiesel Task Force regarding
37.30biodiesel labeling, enforcement, and other related issues.
37.31 (d) During a period of biodiesel fuel shortage or a problem with biodiesel quality
37.32that negatively affects the availability of biodiesel fuel, the commissioner of commerce
37.33may temporarily suspend the minimum content requirements in this subdivision until there
37.34is sufficient biodiesel fuel, as defined in subdivision 1, available to fulfill the minimum
37.35content requirements.
38.1 (e) By February 1, 2012, and periodically thereafter, the commissioner of commerce
38.2shall determine the wholesale diesel price at various pipeline and refinery terminals in
38.3the region, and the biodiesel price at biodiesel plants in the region after any applicable
38.4per gallon federal tax credit is subtracted. The commissioner shall report wholesale price
38.5differences to the governor who, after consultation with the commissioners of commerce
38.6and agriculture, may by executive order adjust the biodiesel mandate if a price disparity
38.7reported by the commissioner will cause economic hardship to retailers of diesel fuel
38.8in this state. Any adjustment must be for a specified period of time, after which the
38.9percentage of biodiesel fuel to be blended into diesel fuel returns to the amount required in
38.10this subdivision. The biodiesel mandate must not be adjusted to less than five percent.
38.11 Subd. 3. Exceptions. (a) The minimum content
38.12subdivision 2
38.13 (1) motors located at an electric generating plant regulated by the Nuclear
38.14Regulatory Commission;
38.15 (2) railroad locomotives;
38.16 (3) off-road taconite and copper mining equipment and machinery;
38.17 (4) off-road logging equipment and machinery; and
38.18 (5) vehicles and equipment used exclusively on an aircraft landing field.
38.19 (b) The exemption in paragraph (a), clause (1), expires 30 days after the Nuclear
38.20Regulatory Commission has approved the use of biodiesel fuel in motors at electric
38.21generating plants under its regulation.
38.22 (c) This subdivision expires on May 1, 2012.
38.23 Subd. 4. Disclosure. A refinery or terminal shall provide, at the time diesel fuel
38.24is sold or transferred from the refinery or terminal, a bill of lading or shipping manifest
38.25to the person who receives the fuel. For biodiesel-blended products, the bill of lading or
38.26shipping manifest must disclose biodiesel content, stating volume percentage, gallons of
38.27biodiesel per gallons of petroleum diesel base-stock, or an ASTM "Bxx" designation
38.28where "xx" denotes the volume percent biodiesel included in the blended product. This
38.29subdivision does not apply to sales or transfers of biodiesel blend stock between refineries,
38.30between terminals, or between a refinery and a terminal.
38.31 Subd. 5. Annual report. Beginning in 2009, the commissioner of agriculture
38.32must report by January 15 of each year to the chairs and ranking minority members of
38.33the legislative committees and divisions with jurisdiction over agriculture policy and
38.34finance regarding the implementation of the minimum content requirements in subdivision
38.352, including information about the price and supply of biodiesel fuel. The report must
39.1include any written comments received from members of the Biodiesel Fuel Task Force
39.2by January 1 of that year.
39.3 Sec. 2. Minnesota Statutes 2007 Supplement, section 296A.01, subdivision 8a, is
39.4amended to read:
39.5 Subd. 8a. Biodiesel fuel. "Biodiesel fuel"
39.6
39.7
39.8
39.9239.77, subdivision 1.
39.10 Sec. 3. PROPOSAL; PETROLEUM INSPECTION FEE REVENUE.
39.11 The commissioners of finance, commerce, and the Pollution Control Agency must
39.12develop and submit to the legislature as part of their next biennial budget request a
39.13proposal for eliminating, to the extent feasible, redundant fuel inspections and dedicating,
39.14to the extent feasible, all revenue from the petroleum inspection fee levied on petroleum
39.15products under Minnesota Statutes, section 239.101, subdivision 3, to the Weights and
39.16Measures Division of the Department of Commerce. All additional funding appropriated
39.17to the Weights and Measures Division under this proposal must be used for increased and
39.18enhanced fuel quality assurance enforcement activities and equipment and for educational
39.19activities focused on the handling, distribution, and use of biodiesel fuel.
39.20 Sec. 4. BIO-BASED DIESEL ALTERNATIVES.
39.21 (a) By January 1, 2011, the commissioners of agriculture, commerce, and
39.22the Pollution Control Agency shall jointly review the technology, economics, and
39.23operational characteristics associated with bio-based diesel alternatives and shall make
39.24recommendations concerning their use in Minnesota to the governor and the chairs of
39.25the house of representatives and senate committees with jurisdiction over agriculture
39.26and energy finance.
39.27 (b) For the purposes of this section, "bio-based diesel alternatives" means
39.28alternatives to petroleum diesel fuel that are warrantied for use in a standard diesel engine
39.29without modification and derived from a biological resource.
39.30 Sec. 5. TECHNICAL COLD WEATHER ISSUES.
39.31 The commissioners of agriculture and commerce shall convene technical
39.32stakeholders who are experts in cold weather biodiesel and petroleum diesel issues to
40.1consider and make recommendations regarding improvements in the production, blending,
40.2handling, and distribution of biodiesel blends to further ensure the performance of these
40.3fuels in cold weather. The commissioners shall issue a report on these issues by January
40.415, 2009, to the chairs of the house of representatives and senate committees with
40.5jurisdiction over agriculture and commerce policy and finance.
40.8 Section 1. Minnesota Statutes 2006, section 13.785, is amended by adding a
40.9subdivision to read:
40.10 Subd. 4. Deceased veterans data. Data relating to veterans deceased as a result of
40.11service-connected causes are classified under section 197.225.
40.12EFFECTIVE DATE.This section is effective the day following final enactment.
40.13 Sec. 2. [192.056] PROTECTION OF RESERVIST-OWNED BUSINESS DURING
40.14ACTIVE SERVICE.
40.15 Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this
40.16section.
40.17 (b) "Active service" has the meaning given in section 190.05, subdivision 5.
40.18 (c) "Business" means a business wholly owned by a qualified service member, or
40.19jointly by the member and the member's spouse, irrespective of whether the business
40.20is a sole proprietorship, corporation, limited liability company, partnership, limited
40.21partnership, or other type of business entity.
40.22 (d) "Qualified service member" means a Minnesota resident who is serving
40.23honorably as a member of the Minnesota National Guard or any other military reserve
40.24unit of the United States armed forces who has been ordered into active service for a
40.25period of 60 days or longer.
40.26 Subd. 2. Protection provided. (a) Notwithstanding any other law or rule to the
40.27contrary, the business of a qualified service member may be exempted from civil court
40.28proceedings for part or all of the period of the member's active military service and for up
40.29to 60 days thereafter, as provided in this section.
40.30 (b) If the business of a qualified service member is a defendant in a civil action, the
40.31court may, on its own motion, grant a stay in the proceedings for a minimum of 60 days.
40.32The court, on its own motion, may renew the stay as the court considers appropriate. If the
41.1qualified service member petitions the court in any manner for a stay, the court must grant
41.2a stay for a minimum of 60 days, provided that:
41.3 (1) the service member submits to the court a letter or other communication setting
41.4forth facts stating the manner in which current military duty requirements materially affect
41.5the service member's ability to appear or otherwise participate in the proceedings, and
41.6stating a date when the service member will be available to appear or otherwise participate
41.7in the proceedings; and
41.8 (2) the service member submits a letter or other communication from the service
41.9member's commanding officer stating that the service member's current military duty
41.10prevents appearance and that military leave is not authorized for the service member
41.11at the time of the letter.
41.12 (c) A service member's communication with the court requesting a stay does not
41.13constitute an appearance for jurisdictional purposes and does not constitute a waiver of
41.14any substantive or procedural defense, including a defense relating to lack of personal
41.15jurisdiction.
41.16 (d) A qualified service member who is granted a stay in the action or proceedings
41.17against the member's business may in any manner request from the court an additional
41.18stay, which the court may grant if the service member can show to the satisfaction of
41.19the court that the member's military requirements affect the member's ability to appear.
41.20However, the court is not obligated to grant the additional stay. If the court refuses to
41.21grant an additional stay, the court must provide the service member with information
41.22enabling the service member to acquire qualified legal counsel, at the service member's
41.23discretion, for defending the action.
41.24 (e) If a default judgment is entered in a civil action against the business of a qualified
41.25service member during the service member's period of active military service, or within 60
41.26days following termination of or release from the active military service, the court entering
41.27the judgment must, upon application by or on behalf of the service member, reopen the
41.28judgment for the purpose of allowing the member to defend the action if it appears that:
41.29 (1) the service member was materially affected by reason of that military service in
41.30making a defense to the action; and
41.31 (2) the service member has a meritorious or legal defense to the action or some
41.32part of it.
41.33EFFECTIVE DATE.This section is effective July 1, 2008, and applies to civil
41.34court actions pending or initiated on or after that date.
42.1 Sec. 3. Minnesota Statutes 2006, section 192.20, is amended to read:
42.2192.20 BREVET RANK.
42.3 Subdivision 1. Personnel eligible for brevet promotion. (a) Officers, warrant
42.4officers, and enlisted persons of the National Guard who have, after ten years active
42.5service, resigned or retired for physical disability or otherwise, may in the discretion of the
42.6commander-in-chief, on the recommendation of the adjutant general, be commissioned
42.7by brevet, in the next higher grade than that held by them at the time of their resignation
42.8or retirement.
42.9 (b) Officers, warrant officers, or enlisted persons of the National Guard who die
42.10while in state or federal active service, as defined in section 190.05, or former officers,
42.11warrant officers, or enlisted persons of the National Guard who die as a result of injuries
42.12or other conditions incurred or aggravated while in such service may, in the discretion of
42.13the commander-in-chief, on the recommendation of the adjutant general, be commissioned
42.14by brevet, in the next higher grade than that held by them at the time of their death.
42.15 Subd. 2. Effect of brevet rank. Brevet rank shall be considered strictly honorary
42.16and shall confer no privilege of precedence or command, nor pay any emoluments. Brevet
42.17officers, warrant officers, and enlisted persons may wear the uniform of their brevet grade
42.18on occasions of ceremony.
42.19 Sec. 4. Minnesota Statutes 2006, section 192.32, is amended by adding a subdivision
42.20to read:
42.21 Subd. 2. Family of service member. It shall be unlawful for any employer to:
42.22 (1) discharge from employment or take adverse employment action against any
42.23employee because of the membership of that employee's spouse, parent, or child in the
42.24military forces of the United States, of this state, or any other state;
42.25 (2) discharge from employment, take adverse employment action against, or
42.26otherwise hinder an employee from attending the following kinds of events relating to the
42.27military service of the employee's spouse, parent, or child and to which the employee is
42.28invited or otherwise called upon to attend by proper military authorities:
42.29 (i) departure or return ceremonies for deploying or returning military personnel
42.30or units;
42.31 (ii) family training or readiness events sponsored or conducted by the military; and
42.32 (iii) events held as part of official military reintegration programs.
42.33 The employee must provide reasonable notice to the employer when requesting
42.34time off, and the employer must provide a reasonable amount of nonpaid time off for the
42.35employee, for the purposes enumerated in items (i) to (iii), not to exceed two consecutive
43.1days or six days in a calendar year. The employer must not compel the employee to use
43.2accumulated but unused vacation for these events.
43.3EFFECTIVE DATE.This section is effective August 1, 2008, and applies to
43.4employer actions occurring on or after that date.
43.5 Sec. 5. Minnesota Statutes 2006, section 196.021, is amended to read:
43.6196.021 DEPUTY COMMISSIONERS; DUTIES.
43.7 Subdivision 1. Appointment. The commissioner shall appoint a deputy
43.8commissioner for veteran services
43.9
43.10care
43.11service,
43.12
43.13of Minnesota, citizens of the United States, and veterans as defined in section
43.14 Subd. 2.
43.15commissioner for veteran services
43.16care have those powers delegated by the commissioner
43.17
43.18
43.19by the commissioner, and filed with the secretary of state.
43.20 Sec. 6. Minnesota Statutes 2006, section 196.03, is amended to read:
43.21196.03 OFFICERS AND EMPLOYEES.
43.22
43.23shall be appointed by the commissioner and they shall perform such duties as may be
43.24assigned to them by the commissioner.
43.25 Sec. 7. [196.30] VETERANS HEALTH CARE ADVISORY COUNCIL.
43.26 Subdivision 1. Creation. The Veterans Health Care Advisory Council is established
43.27to provide the Department of Veterans Affairs with advice and recommendations on
43.28providing veterans with quality long-term care and the anticipated future needs of
43.29Minnesota veterans.
43.30 Subd. 2. Membership. (a) The council consists of nine public members appointed
43.31by the governor. The council members are:
44.1 (1) seven members with extensive expertise in health care delivery, long-term care,
44.2and veterans services;
44.3 (2) one licensed clinician who may be either a physician, physician's assistant, or
44.4a nurse practitioner; and
44.5 (3) one additional member.
44.6 (b) The governor shall designate a member to serve as the chair.
44.7 (c) The commissioner of veterans affairs, or the commissioner's designee, is an ex
44.8officio member of the council and shall provide necessary and appropriate administrative
44.9and technical support to the council.
44.10 (d) Membership terms, removal of members, and the filling of vacancies are as
44.11provided in section 15.059, subdivisions 2 and 4. Members shall not receive compensation
44.12or per diem payments, but may receive reimbursement for expenses pursuant to section
44.1315.059, subdivision 3.
44.14 Subd. 3. Duties. The council is an advisory group with the responsibility of
44.15providing the commissioner of veterans affairs with information and professional expertise
44.16on the delivery of quality long-term care to veterans. The council's duties include:
44.17 (1) developing a new vision and strategic plan for the veterans homes that
44.18complements the Department of Veterans Affairs overall veterans service programs;
44.19 (2) providing recommendations and advice on matters including clinical
44.20performance, systemwide quality improvement efforts, culture and working environment
44.21of the veterans homes, and other operational and organizational functions of the veterans
44.22homes;
44.23 (3) studying and reviewing current issues and trends in the long-term care industry
44.24and the veterans community;
44.25 (4) providing recommendations to the commissioner on alternative options for the
44.26delivery of long-term care to veterans so that veterans and their families can determine
44.27appropriate services under models similar to those available in the community;
44.28 (5) establishing, as appropriate, subcommittees or ad hoc task forces of council
44.29members, stakeholders, and other individuals with expertise or experience to address
44.30specific issues; and
44.31 (6) reviewing and providing advice on any other matter at the request of the
44.32commissioner.
44.33 Subd. 4. Continuation. To ensure continued accountability and the active
44.34involvement of healthcare experts and stakeholders in the governance structure of the
44.35veterans homes, the governor may appoint a panel of experts to review the continuing
44.36effectiveness of the council. The commissioner may disband the council at any time.
45.1 Sec. 8. [197.225] LIST OF DECEASED MILITARY PERSONNEL.
45.2 (a) The commissioner of veterans affairs shall collect and maintain data about
45.3Minnesota residents who have died of service-connected causes while serving in the
45.4United States armed forces. The data may include deceased service members who are
45.5the immediate family members of Minnesota residents, but who themselves were not
45.6Minnesota residents at the time of death. The commissioner shall collect the following
45.7data: the individual's full name, military rank, branch of service, age at the time of death,
45.8and Minnesota hometown or if not a Minnesota resident at the time of death, the service
45.9member's home state.
45.10 (b) Data collected pursuant to this section are nonpublic data, but may be
45.11disseminated to the individual's next of kin, and for ceremonial or honorary purposes to
45.12veterans' organizations, civic organizations, the news media, and researchers. No other
45.13use or dissemination of the data is permitted.
45.14 (c) The next of kin of a veteran whose data is collected may request that the data
45.15not be disseminated for any purpose. Upon receiving such a request, the Department of
45.16Veterans Affairs must exclude the deceased veteran's data from any data disseminated for
45.17ceremonial or honorary purposes as permitted by paragraph (b).
45.18 (d) Data collected pursuant to this section shall not be indicative of any person's
45.19status with regard to qualification for veterans benefits or other benefits.
45.20EFFECTIVE DATE.This section is effective the day following final enactment.
45.21 Sec. 9. Minnesota Statutes 2006, section 197.236, is amended to read:
45.22197.236
45.23 Subd. 3. Operation and maintenance. The commissioner of veterans affairs shall
45.24supervise and control the veterans
45.25cemeteries are to be maintained and operated in accordance with the operational standards
45.26and measures of the National Cemetery Administration. The commissioner may contract
45.27for the maintenance
45.28and support necessary for maintenance and operation of the
45.29included in the department's budget.
45.30 Subd. 5. Rules. The commissioner of veterans affairs may adopt rules regarding the
45.31operation of the
45.32upright granite markers supplied by the United States Department of Veterans Affairs be
45.33used to mark all gravesites.
46.1 Subd. 6. Permanent development and maintenance account. A veterans
46.2cemetery development and maintenance account is established in the special revenue
46.3fund of the state treasury. Receipts for burial fees,
46.4
46.5other cemetery receipts must be deposited into this account. The money in the account,
46.6including interest earned, is appropriated to the commissioner to be used for the
46.7development, operation, maintenance, and improvement of the
46.8To the extent practicable, the commissioner of veterans affairs must apply for available
46.9federal grants
46.10improve the cemeteries.
46.11
46.12
46.13
46.14
46.15
46.16
46.17 Subd. 8. Eligibility.
46.18
46.19solely for the burial of service members who die on active duty, eligible veterans, and
46.20their spouses and dependent children, as defined in United States Code, title 38, section
46.21101, paragraph (2).
46.22 Subd. 9. Burial fees. The commissioner of veterans affairs shall establish a fee
46.23schedule, which may be adjusted from time to time, for the interment of eligible
46.24
46.25the actual costs of interment, excluding the value of the plot.
46.26
46.27
46.28in the case of an indigent eligible person.
46.29 No plot or interment fees may be charged for the burial of
46.30
46.31
46.32
46.33service members who die on active duty or eligible veterans, as defined in United States
46.34Code, title 38, section 101, paragraph (2).
47.1
47.2
47.3
47.4
47.5
47.6
47.7
47.8
47.9
47.10
47.11 Subd. 11. Plot allowance claims. The commissioner of veterans affairs must apply
47.12to the Veterans Benefits Administration for a plot or interment allowance payable to the
47.13state for expenses incurred by the state in the burial of eligible veterans in cemeteries
47.14owned and operated by the state if the burial is performed at no cost to the veteran's
47.15next of kin.
47.16 Subd. 12. No staff. No staff may be hired for or allocated to any new veterans
47.17cemetery without explicit legislative approval.
47.18 Sec. 10. Minnesota Statutes 2007 Supplement, section 197.791, subdivision 1, is
47.19amended to read:
47.20 Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this
47.21section.
47.22 (b) "Commissioner" means the commissioner of veterans affairs, unless otherwise
47.23specified.
47.24 (c) "Cost of attendance" for
47.25meaning given in section
47.26
47.27subdivision 6, multiplied by a factor of 1.2, using the tuition and fee maximum established
47.28by law for four-year programs
47.29
47.30the cost of attendance for graduate students, full time is eight credits or more per term or
47.31the equivalent.
47.32 (d) "Child" means a natural or adopted child of a person described in subdivision 4,
47.33paragraph (a), clause (1), item (i) or (ii).
48.1 (e) "Eligible institution" means a postsecondary institution under section
48.2subdivision 4, or a graduate school licensed or registered with the state of Minnesota
48.3serving only graduate students.
48.4 (f) "Program" means the Minnesota GI Bill program established in this section,
48.5unless otherwise specified.
48.6 (g) "Time of hostilities" means any action by the armed forces of the United States
48.7that is recognized by the issuance of a presidential proclamation or a presidential executive
48.8order in which the armed forces expeditionary medal or other campaign service medals
48.9are awarded according to presidential executive order, and any additional period or place
48.10that the commissioner determines and designates, after consultation with the United States
48.11Department of Defense, to be a period or place where the United States is in a conflict that
48.12places persons at such a risk that service in a foreign country during that period or in that
48.13place should be considered to be included.
48.14 (h) "Veteran" has the meaning given in section
48.15a service member who has received an honorable discharge after leaving each period of
48.16federal active duty service and has:
48.17 (1) served 90 days or more of federal active duty in a foreign country during a time
48.18of hostilities in that country; or
48.19(2) been awarded any of the following medals:
48.20 (i) Armed Forces Expeditionary Medal;
48.21 (ii) Kosovo Campaign Medal;
48.22 (iii) Afghanistan Campaign Medal;
48.23 (iv) Iraq Campaign Medal;
48.24 (v) Global War on Terrorism Expeditionary Medal; or
48.25 (vi) any other campaign medal authorized for service after September 11, 2001; or
48.26
48.27foreign country during a time of hostilities in that country.
48.28A service member who has fulfilled the requirements for being a veteran under this
48.29paragraph but is still serving actively in the United States armed forces is also a veteran
48.30for the purposes of this section.
48.31 Sec. 11. Minnesota Statutes 2007 Supplement, section 197.791, subdivision 4, is
48.32amended to read:
48.33 Subd. 4. Eligibility. (a) A person is eligible for educational assistance under this
48.34section if:
48.35 (1) the person is:
49.1 (i) a veteran who is serving or has served honorably in any branch or unit of the
49.2United States armed forces at any time on or after September 11, 2001;
49.3 (ii) a nonveteran who has served honorably for a total of five years or more
49.4cumulatively as a member of the Minnesota National Guard or any other active or reserve
49.5component of the United States armed forces, and any part of that service occurred on or
49.6after September 11, 2001;
49.7 (iii) the surviving spouse or child of a person who has served in the military at any
49.8time on or after September 11, 2001, and who has died as a direct result of that military
49.9service; or
49.10 (iv) the spouse or child of a person who has served in the military at any time on or
49.11after September 11, 2001, and who has a total and permanent service-connected disability
49.12as rated by the United States Veterans Administration;
49.13
49.14
49.15
49.16
49.17defined in section
49.18
49.19 (i) is an undergraduate or graduate student at an eligible institution;
49.20 (ii) is maintaining satisfactory academic progress as defined by the institution for
49.21students participating in federal Title IV programs;
49.22 (iii) is enrolled in an education program leading to a certificate, diploma, or degree
49.23at an eligible institution;
49.24 (iv) has applied for educational assistance under this section prior to the end of the
49.25academic term for which the assistance is being requested;
49.26 (v) is in compliance with child support payment requirements under section
49.28 (vi)
49.29
49.30(FAFSA).
49.31 (b) A person's eligibility terminates when the person becomes eligible for benefits
49.32under section
49.33 (c) To determine eligibility, the commissioner may require official documentation,
49.34including the person's federal form DD-214 or other official military discharge papers;
49.35correspondence from the United States Veterans Administration; birth certificate; marriage
49.36certificate; proof of enrollment at an eligible institution; signed affidavits; proof of
50.1residency; proof of identity; or any other official documentation the commissioner
50.2considers necessary to determine eligibility.
50.3 (d) The commissioner may deny eligibility or terminate benefits under this section
50.4to any person who has not provided sufficient documentation to determine eligibility for
50.5the program. An applicant may appeal the commissioner's eligibility determination or
50.6termination of benefits in writing to the commissioner at any time. The commissioner
50.7must rule on any application or appeal within 30 days of receipt of all documentation that
50.8the commissioner requires. The decision of the commissioner regarding an appeal is final.
50.9However, an applicant whose appeal of an eligibility determination has been rejected by
50.10the commissioner may submit an additional appeal of that determination in writing to the
50.11commissioner at any time that the applicant is able to provide substantively significant
50.12additional information regarding the applicant's eligibility for the program. An approval
50.13of an applicant's eligibility by the commissioner following an appeal by the applicant is
50.14not retroactively effective for more than one year or the semester of the person's original
50.15application, whichever is later.
50.16 (e) Upon receiving an application with insufficient documentation to determine
50.17eligibility, the commissioner must notify the applicant within 30 days of receipt of the
50.18application that the application is being suspended pending receipt by the commissioner of
50.19sufficient documentation from the applicant to determine eligibility.
50.20 Sec. 12. Minnesota Statutes 2007 Supplement, section 197.791, subdivision 5, is
50.21amended to read:
50.22 Subd. 5. Benefit amount. (a) On approval by the commissioner of eligibility for
50.23the program, the applicant shall be awarded, on a funds-available basis, the educational
50.24assistance under the program for use at any time according to program rules at any
50.25eligible institution.
50.26 (b) The amount of educational assistance in any semester or term for an eligible
50.27person must be determined by subtracting from the eligible person's cost of attendance the
50.28amount the person received or was eligible to receive in that semester or term from:
50.29 (1) the federal Pell Grant;
50.30 (2) the state grant program under section
50.31 (3) any federal military or veterans educational benefits including but not limited
50.32to the Montgomery GI Bill, GI Bill Kicker, the federal tuition assistance program,
50.33vocational rehabilitation benefits, and any other federal benefits associated with the
50.34person's status as a veteran, except veterans disability payments from the United States
50.35Veterans Administration.
51.1 (c) The amount of educational assistance for any eligible person who is a full-time
51.2student must not exceed the following:
51.3 (1) $1,000 per semester or term of enrollment;
51.4 (2)
51.5 (3) $10,000 in a lifetime.
51.6For a part-time student, the amount of educational assistance must not exceed $500
51.7per semester or term of enrollment. For the purpose of this paragraph, a part-time
51.8undergraduate student is a student taking fewer than 12 credits or the equivalent for a
51.9semester or term of enrollment and a part-time graduate student is a student considered
51.10part time by the eligible institution the graduate student is attending. The minimum award
51.11for undergraduate and graduate students is $50 per term.
51.12 Sec. 13. Minnesota Statutes 2006, section 198.32, subdivision 1, is amended to read:
51.13 Subdivision 1. Resident's rights. A resident of a Minnesota veterans home has the
51.14right to complain and otherwise exercise freedom of expression and assembly which is
51.15guaranteed by amendment I of the United States Constitution. The administrator of the
51.16home shall inform each resident in writing at the time of admission of the right to complain
51.17to the administrator about home accommodations and services. A notice of the right to
51.18complain shall be posted in the home. The administrator shall also inform each resident of
51.19the right to complain to the
51.20of a home shall be encouraged and assisted, throughout the period of stay in the home, to
51.21understand and exercise the rights of freedom of expression and assembly as a resident
51.22and as a citizen, and, to this end, the resident may voice grievances and recommend
51.23changes in policies and services to home staff, other residents, and outside representatives
51.24of the resident's choice, free from restraint, interference, coercion, discrimination, or
51.25reprisal, including retaliatory eviction.
51.26 Sec. 14. Minnesota Statutes 2006, section 349.12, subdivision 3a, is amended to read:
51.27 Subd. 3a. Allowable expense. "Allowable expense" means the percentage of the
51.28total cost incurred by the organization in the purchase of any good, service, or other item
51.29which corresponds to the proportion of the total actual use of the good, service, or other
51.30item that is directly related to conduct of lawful gambling. Allowable expense includes the
51.31advertising of the conduct of lawful gambling, provided that the amount expended does
51.32not exceed five percent of the annual gross profits of the organization or $5,000 per year
51.33per organization, whichever is less. The cost of a newsletter of a veterans organization is
51.34an allowable expense if any portion of the newsletter is used to promote lawful gambling
52.1in Minnesota. The board may adopt rules to regulate the content of the advertising to
52.2ensure that the content is consistent with the public welfare.
52.3 Sec. 15. Minnesota Statutes 2006, section 609.115, is amended by adding a subdivision
52.4to read:
52.5 Subd. 10. Veterans mental health status. If a defendant convicted of a crime is
52.6currently serving in the military or is a veteran and has been diagnosed by a qualified
52.7psychiatrist or clinical psychologist or physician with a mental illness, the court may:
52.8 (1) order that the officer preparing the report under subdivision 1 consult with the
52.9United States Department of Veterans Affairs, Minnesota Department of Veterans Affairs,
52.10or another agency or person with suitable knowledge or experience, for the purpose
52.11of providing the court with information regarding treatment options available to the
52.12defendant including federal, state, and local programming; and
52.13 (2) consider the treatment recommendations of any diagnosing or treating mental
52.14health professionals together with the treatment options available to the defendant in
52.15imposing sentence.
52.16 Sec. 16. RULES TRANSFER.
52.17 Minnesota Rules, chapter 9050, is transferred from the Veterans Homes Board of
52.18Directors to the commissioner of veterans affairs. The commissioner shall administer and
52.19enforce those rules and may amend or repeal them.
52.20 Sec. 17. APPOINTMENTS.
52.21 Notwithstanding Minnesota Statutes, section 196.30, subdivision 2, paragraph (d),
52.22the governor may make the initial appointments to the Veterans Health Care Advisory
52.23Council under Executive Order 07-20 without complying with the appointment process in
52.24Minnesota Statutes, section 15.0597.
52.25 Sec. 18. PARTNERING IN DELIVERY OF VETERANS SERVICES.
52.26 The commissioner must seek input from a broad range of experienced
52.27nongovernmental social service and health care providers, including both secular and
52.28faith-based service organizations, from throughout the state regarding the feasibility of
52.29public-private collaboration in providing services to Minnesota Veterans. The services
52.30may include home health care, psychological counseling, life-skills rehabilitation
52.31counseling, home hospice care, respite care, and other types of home-based health
52.32care as judged necessary by the commissioner to enable veterans to recover from
53.1service-connected injuries, illnesses, and disabilities. The commissioner must report to
53.2the legislature by January 15, 2009, on its findings and recommendations for establishing
53.3such service-delivery partnerships.
53.4 Sec. 19. VETERANS HOMES STRATEGIC PLANNING GROUP.
53.5 Subdivision 1. Creation. An intergovernmental and veterans study group shall be
53.6appointed for the purpose of conducting strategic planning for existing and future state
53.7veterans homes, including in-depth strategic planning for the Minneapolis veterans home.
53.8This group is designated the "Veterans Homes Strategic Planning Group." The Veterans
53.9Homes Strategic Planning Group shall consist of the following members:
53.10 (1) three senators, including two members of the majority party and one member
53.11of the minority party, at least one of whom represents a Minneapolis legislative district
53.12and one of whom represents a greater-Minnesota legislative district, appointed by the
53.13Subcommittee on Committees of the Committee on Rules and Administration of the
53.14senate;
53.15 (2) three members of the house of representatives, including two members of the
53.16majority party and one member of the minority party, at least one of whom represents
53.17a Minneapolis legislative district and one of whom represents a greater-Minnesota
53.18legislative district, appointed by the speaker of the house;
53.19 (3) the commissioner and two deputy commissioners of the Minnesota Department
53.20of Veterans Affairs (MDVA), or the commissioner's designees;
53.21 (4) the president and legislative chair person of the Minnesota Association of County
53.22Veteran Service Officers (CVSOs), or the president's designees;
53.23 (5) the chair of the Commanders Task Force of Minnesota's congressionally-chartered
53.24veterans service organizations, or the chair's designee;
53.25 (6) two members each from the Minnesota departments of the American Legion,
53.26the Veterans of Foreign Wars, and the Disabled American Veterans, as appointed by the
53.27respective state commander of each organization, provided that of each organization's
53.28appointees, at least one be a resident of rural Minnesota;
53.29 (7) the mayor of Minneapolis, or the mayor's designee, and one Minneapolis city
53.30planner designated by the mayor;
53.31 (8) the chair of the Twin Cities Metropolitan Council, or the chair's designee;
53.32 (9) one person from the Minnesota Inter-County Association (MICA), as designated
53.33by the association board; and
53.34 (10) one person from the Association of Minnesota Counties (AMC), as designated
53.35by the Association board.
54.1 Subd. 2. Duties. (a) The Veterans Homes Strategic Planning Group must meet
54.2periodically to conduct strategic planning for the state veterans homes, both existing and
54.3future, and with special focus on the current Minnesota veterans home in Minneapolis.
54.4The planning process must encompass a 25-year future time span, and must include:
54.5 (1) current and projected figures for the number of Minnesota veterans within broad
54.6age categories, by gender and geographic region of the state;
54.7 (2) current and projected needs of Minnesota veterans for skilled nursing care,
54.8domiciliary care and outpatient services, as being currently provided by the state veterans
54.9homes, and as may be needed in the future;
54.10 (3) current and projected capital expenditure, plant maintenance, and operational
54.11costs for each existing Minnesota veterans home, both per-facility and per-veteran-served,
54.12with discussion of factors determining cost differences among the homes;
54.13 (4) identification and discussion of the feasibility of alternative methods for meeting
54.14at least some of the various future needs of veterans, including:
54.15 (i) the possibility of partnering for home-based services for veterans with
54.16nongovernmental nonprofit or faith-based social service and healthcare delivery
54.17organizations, as a means of reducing some of the future needs of veterans for domiciliary
54.18or skilled nursing care in veterans homes;
54.19 (ii) reliance on private, veterans-only nursing homes for handling part or all of the
54.20future growth in veterans skilled nursing or domiciliary needs, possibly supplemented by
54.21some state-provided veterans services not currently available in private nursing homes; or
54.22 (iii) any other feasible alternative service delivery methods;
54.23 (5) current and projected capital expenditure, plant maintenance, and operational
54.24costs for meeting future veterans needs under:
54.25 (i) the veterans-homes-only model; and
54.26 (ii) the combined veterans-homes and home-based partnering model (or any other
54.27feasible service delivery model that the group identifies); and
54.28 (6) discussion and recommendations regarding:
54.29 (i) the types and levels of veterans home care judged feasible for the state to attempt
54.30to provide in the near-term and long-term future; and
54.31 (ii) the optimal locations and timing for construction of any future state veterans
54.32homes and other service delivery facilities in Minnesota.
54.33 (b) In addition to the duties described in paragraph (a), the Veterans Homes
54.34Strategic Planning Group must provide specific addition analysis of the projected capital,
54.35maintenance, and operating costs of the current Minnesota veterans home in Minneapolis,
54.36and must assess the feasibility of alternative operational models at that home or at locations
55.1within the seven-county metropolitan area. Discussion must include the feasibility, and
55.2estimation of any cost-savings from the razing or remodeling and converting of some of the
55.3infrastructure of the current campus for alternative uses and other pertinent items, such as:
55.4 (i) construction of rental housing for veterans and family members of veterans
55.5receiving medical care at the nearby US/VA Medical Center or other nearby medical
55.6institutions;
55.7 (ii) conducting a land use study including a highest and best use analysis for the
55.8existing site and all improvements;
55.9 (iii) investigating opportunities for public/private partnerships in strategic land
55.10use; and
55.11 (iv) any other purpose judged feasible by the strategic planning group.
55.12 Subd. 3. Report required. (a) By January 15, 2009, the Veterans Homes Strategic
55.13Planning Group must report its proposed recommendations to the chairs of the senate and
55.14house committees with jurisdiction over veterans affairs, state governmental operations,
55.15and local government affairs. The strategic planning group may suggest draft legislation
55.16for legislative consideration.
55.17 (b) The strategic planning group may continue its strategic planning activities and
55.18by January 15, 2010, may issue a second report to the same legislative chairs containing
55.19follow-up recommendations for legislative consideration.
55.20 Subd. 4. Administrative provisions. (a) The commissioner of veterans affairs, or
55.21the commissioner's designee, must convene the initial meeting of the Veterans Homes
55.22Strategic Planning Group. Upon request of the group, the commissioner must provide
55.23meeting space and administrative services for the group. The members of the group must
55.24elect a chair or co-chairs from the legislative members of the group at the initial meeting.
55.25Each subsequent meeting of the group is at the call of the chair or co-chairs.
55.26 (b) Public members of the strategic planning group serve without special
55.27compensation or special payment of expenses from the group.
55.28 (c) The strategic planning group expires on June 30, 2010, unless an extension is
55.29authorized by law by that date.
55.30 (d) In accordance with completed predesign documents, veterans population surveys,
55.31and department construction project priority listing, the commissioner shall continue to
55.32plan, develop, and pursue federal funding and other resources for the construction of a
55.33veterans long-term and domiciliary mental health facility in Kandiyohi County. The
55.34planning must include possible options for traumatic brain injury treatment.
56.1 Subd. 5. Deadline for appointments and designations. The appointments and
56.2designations authorized by this section must be completed by August 1, 2008. The
56.3strategic planning group must convene its initial meeting no later than September 1, 2008.
56.4EFFECTIVE DATE.This section is effective the day following final enactment
56.5 Sec. 20. COUNTY VETERANS SERVICES WORKING GROUP.
56.6 Subdivision 1. Creation. The County Veteran Services Working Group shall consist
56.7of the following 13 members:
56.8 (1) two senators, including one member from the majority party and one member
56.9from the minority party, appointed by the Subcommittee on Committees of the Committee
56.10on Rules and Administration of the senate;
56.11 (2) two members of the house of representatives, one member from the majority
56.12party and one member from the minority party, appointed by the speaker of the house;
56.13 (3) the commissioner and two deputy commissioners of the Minnesota Department
56.14of Veterans Affairs (MDVA), or the commissioner's designees;
56.15 (4) the president, vice president, and legislative chair person of the Minnesota
56.16Association of County Veteran Service Officers (CVSOs);
56.17 (5) the chair of the Commanders Task Force of Minnesota's congressionally-chartered
56.18veterans service organizations, or the chair's designee;
56.19 (6) one person from the Minnesota Inter-County Association (MICA), as designated
56.20by the association board; and
56.21 (7) one person from the Association of Minnesota Counties (AMC), as designated
56.22by the association board.
56.23 Subd. 2. Duties. The working group must meet periodically to review the findings
56.24and recommendations of the 2008 report of the Office of the Legislative Auditor (OLA)
56.25on Minnesota's county veterans service offices, and make written recommendations to the
56.26legislature regarding whether and how each of that report's recommendations should be
56.27implemented. The working group may also provide additional recommendations on how
56.28to enhance the current services provided by the county veteran service offices.
56.29 The working group may suggest draft legislation for legislative consideration. By
56.30January 15, 2009, the working group must report its proposed recommendations to the
56.31chairs of the senate and house committees with jurisdiction over veterans affairs, state
56.32governmental operations, and local government affairs.
56.33 Subd. 3. Administrative provisions. (a) The commissioner of veterans affairs, or
56.34the commissioner's designee, must convene the initial meeting of the working group.
56.35Upon request of the working group, the commissioner must provide meeting space and
57.1administrative services for the group. The members of the working group must elect a
57.2chair or co-chairs from the legislative members of the working group at the initial meeting.
57.3Each subsequent meeting is at the call of the chair or co-chairs.
57.4 (b) Public members of the working group serve without special compensation or
57.5special payment of expenses from the working group.
57.6 (c) The working group expires on June 30, 2009, unless an extension is authorized
57.7by law by that date.
57.8 Subd. 4. Deadline for appointments and designations. The appointments and
57.9designations authorized by this section must be completed by August 1, 2008. The
57.10working group must convene its initial meeting no later than September 1, 2008.
57.11EFFECTIVE DATE.This section is effective the day following final enactment.
57.12 Sec. 21. STUDY OF VETERANS EMPLOYMENT IN STATE GOVERNMENT.
57.13 (a) By October 1, 2008, each appointing authority in the executive branch of state
57.14government, including the Minnesota State Colleges and Universities, must report to the
57.15commissioner of finance on the incidence of employment, recruitment, retention, and
57.16retirement of veterans in their nonelected workforce for fiscal year 2008. The report
57.17must be made in a manner approved by the commissioner, and for each separate hiring
57.18unit must include tabulation by age category and length of state employment in the
57.19executive branch, including the state college and university system. Each executive branch
57.20appointing authority must also report specific veteran employment data requested by the
57.21commissioner as of June 30, 2008, June 30, 2001, and an earlier date if judged feasible
57.22by the commissioner. By January 15, 2009, the commissioner must submit a report on
57.23the employment of veterans in the executive branch to the chairs of the house and senate
57.24policy and finance committees having jurisdiction over veterans affairs. The report must
57.25present and analyze the data obtained in this paragraph.
57.26 (b) By October 1, 2008, the judicial branch of state government must report to
57.27the chairs of the house and senate policy and finance committees having jurisdiction
57.28over veterans affairs the number of veterans employed in the judicial branch nonelective
57.29workforce on June 30, 2008, based on self-reporting of veteran status. For each separate
57.30hiring unit, the data must include tabulation by age category and length of state
57.31employment in the judicial branch.
57.32 (c) By October 1, 2008, the house of representatives, the senate, and the Legislative
57.33Coordinating Commission on behalf of joint legislative offices and commissions, must
57.34report to the chairs of the house and senate policy and finance committees having
57.35jurisdiction over veterans affairs the number of veterans employed in their nonelective
58.1workforce on June 30, 2008, based on self-reporting of veteran status. For each separate
58.2hiring unit, the data must include tabulation by age category and length of state
58.3employment in the legislative branch.
58.4 (d) For purposes of this section, "veteran" has the meaning given in Minnesota
58.5Statutes, section 197.447.
58.6EFFECTIVE DATE.This section is effective the day following final enactment.
58.7 Sec. 22. REVISOR'S INSTRUCTION.
58.8 (a) The revisor shall change "board," "board of directors," or "Veterans Homes
58.9Board of Directors" to "commissioner" wherever it is used in Minnesota Statutes, sections
58.10198.003; 198.005; 198.006; 198.007; 198.022; 198.03; 198.05; 198.065; 198.066; 198.16;
58.11198.23; 198.261; 198.265; 198.266; 198.31; 198.33; 198.34; 198.35; 198.36; and 198.37;
58.12and shall change "board rules" to "rules adopted under this chapter" wherever it appears in
58.13Minnesota Statutes, sections 198.007 and 198.022.
58.14 (b) In Minnesota Rules, chapter 9050, the revisor shall:
58.15 (1) change the terms "executive director," "executive director of the board,"
58.16"executive director of the Veterans Homes Board," "Minnesota Veterans Homes Board,"
58.17and "board" to "commissioner of veterans affairs" except where the term "board" is used
58.18with a different meaning in Minnesota Rules, part 9050.0040, subpart 16;
58.19 (2) change the term "board-operated facility" to "facility operated by the
58.20commissioner of veterans affairs" and change the term "non-board-operated facility" to
58.21"facility not operated by the commissioner of veterans affairs";
58.22 (3) change the term "board-approved" to "approved by the commissioner of veterans
58.23affairs"; and
58.24 (4) eliminate the term "board" where it is used in the third paragraph of Minnesota
58.25Rules, part 9050.1070, subpart 9.
58.26 (c) The revisor shall change any of the terms in paragraph (a) or (b) to "commissioner
58.27of veterans affairs" if they are used to refer to the Veterans Homes Board of Directors or
58.28its executive director anywhere else in Minnesota Statutes or Minnesota Rules.
58.29 Sec. 23. REPEALER.
58.30Minnesota Statutes 2006, sections 190.17; 197.236, subdivisions 7 and 10; 198.001,
58.31subdivisions 6 and 9; 198.002, subdivisions 1, 3, and 6; 198.003, subdivisions 5 and 6;
58.32and 198.004, subdivision 2, and Minnesota Statutes 2007 Supplement, sections 198.002,
58.33subdivision 2; and 198.004, subdivision 1, are repealed.
58.34(b) Minnesota Rules, part 9050.0040, subpart 15, is repealed.
59.3 Section 1. Minnesota Statutes 2006, section 239.051, subdivision 15, is amended to
59.4read:
59.5 Subd. 15. Ethanol blender. "Ethanol blender" means a person who blends and
59.6distributes, transports, sells, or offers to sell gasoline containing
59.7
59.8 Sec. 2. Minnesota Statutes 2007 Supplement, section 239.761, subdivision 4, is
59.9amended to read:
59.10 Subd. 4. Gasoline blended with ethanol; general. (a) Gasoline may be blended
59.11with
59.12with the requirements of subdivision 5.
59.13 (b) A gasoline-ethanol blend must:
59.14 (1) comply with the volatility requirements in Code of Federal Regulations, title
59.1540, part 80;
59.16 (2) comply with ASTM specification D4814-06, or the gasoline base stock from
59.17which a gasoline-ethanol blend was produced must comply with ASTM specification
59.18D4814-06; and
59.19 (3) not be blended with casinghead gasoline, absorption gasoline, condensation
59.20gasoline, drip gasoline, or natural gasoline after the gasoline-ethanol blend has been sold,
59.21transferred, or otherwise removed from a refinery or terminal.
59.22 Sec. 3. Minnesota Statutes 2007 Supplement, section 239.761, is amended by adding a
59.23subdivision to read:
59.24 Subd. 4a. Gasoline blended with ethanol; standard combustion engines.
59.25 Gasoline combined with ethanol for use in standard combustion engines may be blended
59.26with up to ten percent agriculturally derived, denatured ethanol, by volume, or any
59.27percentage specifically authorized in a waiver granted by the United States Environmental
59.28Protection Agency under section 211(f)(4) of the Clean Air Act, United States Code, title
59.2942, section 7545, subsection (f), paragraph (4). The gasoline-ethanol blend must comply
59.30with the general provisions in subdivision 4.
59.31 Sec. 4. Minnesota Statutes 2007 Supplement, section 239.761, is amended by adding a
59.32subdivision to read:
60.1 Subd. 4b. Gasoline blended with ethanol; alternative fuel vehicles. (a) Gasoline
60.2blended for use in an alternative fuel vehicle, as defined in section 296A.01, subdivision 5,
60.3may contain any percentage of agriculturally derived, denatured ethanol, by volume, not
60.4to exceed 85 percent. The gasoline-ethanol blend must comply with the general provisions
60.5in subdivision 4. The gasoline and ethanol may be blended by an ethanol blender or at the
60.6point of retail sale in an ethanol-blending fuel dispenser clearly labeled "FLEX-FUEL
60.7VEHICLES ONLY." If blended by an ethanol blender, the percentage of ethanol in the
60.8resulting gasoline-ethanol blend must be clearly identified.
60.9 (b) If a person responsible for the product utilizes an ethanol-blending fuel dispenser
60.10to dispense both gasoline blended with ethanol for use in alternative fuel vehicles and
60.11gasoline blended with ethanol for use in standard combustion engines, the person must
60.12ensure that the gasoline blended with ethanol for use in standard combustion engines is
60.13dispensed from a fuel-dispensing hose and nozzle or other conveyance dedicated solely
60.14to gasoline blended with ethanol for use in standard combustion engines and clearly
60.15labeled as such.
60.16 (c) A person responsible for the product who complies with the provisions in
60.17paragraph (b) is not responsible for a self-service fueling action taken by that person's
60.18retail fuel customer.
60.19 Sec. 5. Minnesota Statutes 2006, section 239.7911, subdivision 2, is amended to read:
60.20 Subd. 2. Promotion of renewable liquid fuels. (a) The commissioner of
60.21agriculture, in consultation with the commissioners of commerce and the Pollution
60.22Control Agency, shall identify and implement activities necessary for the widespread use
60.23of renewable liquid fuels in the state. Beginning November 1, 2005, and continuing
60.24through 2015, the commissioners, or their designees, shall work with representatives
60.25from the renewable fuels industry, petroleum retailers, refiners, automakers, small engine
60.26manufacturers, and other interested groups, to develop annual recommendations for
60.27administrative and legislative action.
60.28 (b) The activities of the commissioners under this subdivision shall include, but not
60.29be limited to:
60.30 (1) developing recommendations for incentives for retailers to install equipment
60.31necessary for dispensing renewable liquid fuels to the public;
60.32 (2) expanding the renewable-fuel options available to Minnesota consumers by
60.33obtaining federal approval for the use of E20 and additional blends that contain a greater
60.34percentage of ethanol, including but not limited to E30 and E50, as gasoline;
61.1 (3) developing recommendations for ensuring that motor vehicles and small engine
61.2equipment have access to an adequate supply of fuel;
61.3 (4) working with the owners and operators of large corporate automotive fleets in the
61.4state to increase their use of renewable fuels; and
61.5 (5) working to maintain an affordable retail price for liquid fuels.
61.6 Sec. 6. Minnesota Statutes 2006, section 296A.01, subdivision 2, is amended to read:
61.7 Subd. 2. Agricultural alcohol gasoline. "Agricultural alcohol gasoline" means a
61.8gasoline-ethanol blend
61.9the provisions of section 239.761, subdivision 4a or 4b, with ethanol derived from
61.10agricultural products, such as potatoes, cereal, grains, cheese whey, sugar beets, forest
61.11products, or other renewable resources
61.12
61.13
61.14 Sec. 7. Minnesota Statutes 2007 Supplement, section 296A.01, subdivision 25, is
61.15amended to read:
61.16 Subd. 25. Gasoline blended with ethanol. "Gasoline blended with ethanol" means
61.17
61.18
61.19
61.20
61.21
61.22
61.23
61.24
61.25
61.26
61.27
61.28
61.29blend satisfying the provisions of section 239.761, subdivision 4a or 4b.