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Minnesota Legislature

Office of the Revisor of Statutes

SF 3683

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to the operation of state government; changing certain provisions
and programs related to agriculture; creating a livestock investment grant
program; modifying pesticide and fertilizer regulation; changing certain payment
provisions for certain agricultural chemical corrective action costs; changing
certain food sanitary provisions; changing certain fee provisions; defining certain
terms; regulating egg sales and handling; increasing the somatic cell count limit
for goat milk; providing for control of bovine tuberculosis; adding a member
to the NextGen Energy Board; modifying the expiration date for the NextGen
Energy Board; modifying the expiration date for the Minnesota Agriculture
Education Leadership Council; establishing requirements for practicing animal
chiropractic care; recognizing a Program for the Assessment of Veterinary
Education Equivalence certification; limiting use of certain drugs; changing
certain requirements; regulating prescription of veterinary drugs; modifying
definition of biodiesel; increasing minimum biodiesel content; creating a tiered
biodiesel content goal; requiring counties to consider natural heritage data in
adopting or amending comprehensive plans; requiring local governments to
consider comprehensive plans to limit development on agricultural, forest,
wildlife, and open space land; modifying 2007 appropriation language; creating
the Veterans Health Care Advisory Council; changing certain provisions and
programs related to veterans; providing for certain medallions; authorizing
the placement of a plaque in the court of honor on the Capitol grounds by
Minnesota's Mexican-American veterans to honor all Minnesota veterans who
have served at any time in the United States armed forces; appropriating money;
amending Minnesota Statutes 2006, sections 18B.07, subdivision 2; 18D.305,
subdivision 2; 18E.04, subdivision 2; 28A.03, by adding a subdivision; 28A.08;
28A.082, by adding a subdivision; 28A.09, subdivision 1; 29.23; 31.05; 31.171;
41D.01, subdivision 4; 148.01, subdivision 1, by adding subdivisions; 156.001,
by adding a subdivision; 156.02, subdivisions 1, 2; 156.04; 156.072, subdivision
2; 156.073; 156.12, subdivisions 2, 4, 6; 156.15, subdivision 2; 156.16,
subdivisions 3, 10; 156.18, subdivisions 1, 2; 156.19; 168.1255, subdivisions
1, 3, by adding subdivisions; 196.021; 196.03; 197.236; 198.32, subdivision 1;
239.77, as amended; 394.232, subdivision 6; 462.355, subdivision 1; 462.357,
by adding subdivisions; Minnesota Statutes 2007 Supplement, sections 31.175;
35.244; 41A.105; 296A.01, subdivision 8a; 394.23; Laws 2007, chapter 45,
article 1, section 3, subdivisions 3, 4; proposing coding for new law in Minnesota
Statutes, chapters 17; 18C; 32; 148; 196; 394; repealing Minnesota Statutes
2006, sections 198.001, subdivisions 6, 9; 198.002, subdivisions 1, 3, 6; 198.003,
subdivisions 5, 6; 198.004, subdivision 2; Minnesota Statutes 2007 Supplement,
sections 198.002, subdivision 2; 198.004, subdivision 1; Minnesota Rules, part
9050.0040, subpart 15.

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

ARTICLE 1

AGRICULTURAL POLICY

Section 1.

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

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

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

new text begin Subd. 2. new text end

new text begin Definitions. new text end

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

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

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

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

new text begin (2) the acquisition of equipment for livestock housing, confinement, feeding, and
waste management including, but not limited to, the following:
new text end

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

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

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

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

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

new text begin (vi) scales;
new text end

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

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

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

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

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

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

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

new text begin (xiv) digesters;
new text end

new text begin (xv) fences;
new text end

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

new text begin (xvii) on-farm processing facilities and equipment.
new text end

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

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

new text begin Subd. 3. new text end

new text begin Eligibility. new text end

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

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

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

new text begin (3) hold a feedlot registration, if required; and
new text end

new text begin (4) apply to the commissioner on forms prescribed by the commissioner including a
statement of the qualifying expenditures of at least $4,000 made during the qualifying
period along with any proof or other documentation the commissioner may require.
new text end

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

new text begin Subd. 4. new text end

new text begin Process. new text end

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

Sec. 2.

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


Subd. 2.

Prohibited pesticide use.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

new text begin (h) Notwithstanding that the application is done in a manner consistent with the
label or labeling, it is a violation of this chapter to directly apply a pesticide to a site where
an application has not been: (1) requested, ordered, contracted for, or permitted; or (2)
performed pursuant to paragraph (c), clause (2), (3), or (4).
new text end

Sec. 3.

new text begin [18C.125] ANHYDROUS AMMONIA TANKS.
new text end

new text begin (a) Other laws and rules to the contrary notwithstanding, the commissioner shall
adopt rules to allow the use of tanks with a capacity greater than 3,000 gallons but no
greater than 5,000 gallons in applying anhydrous ammonia to fields in Minnesota and
shall allow the refilling of these tanks at the application location. The commissioner
shall adopt rules to implement this section. The rules must impose appropriate safety
restrictions and environmental safeguards on the use of anhydrous ammonia. At a
minimum, the rules must address water availability; attendance during the anhydrous
ammonia transfer operation; emergency shutoff and pull-away safeguards; location of the
anhydrous ammonia transfer operation; setback distances from residences, buildings, and
roads; and permit requirements.
new text end

new text begin (b) All tanks under this section must conform to United States Department of
Transportation cargo tank specifications in Code of Federal Regulations, title 49, part 173,
and must be maintained, tested, and inspected as required in Code of Federal Regulations,
title 49, parts 173 and 180. All loading and unloading of the tanks must conform to
requirements of Code of Federal Regulations, title 49, parts 173 and 177.
new text end

Sec. 4.

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


Subd. 2.

Revocation and suspension.

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

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

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

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

Sec. 5.

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


Subd. 2.

Payment of corrective action costs.

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

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

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

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

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

(5) the eligible person submits an application for payment or reimbursement to the
departmentnew text begin, along with associated invoices,new text end within three years of (i) deleted text beginincurring eligible
corrective action costs
deleted text endnew text begin performance of the eligible worknew text end, or (ii) approval of deleted text beginadeleted text endnew text begin the relatednew text end
corrective action designnew text begin or plan for that worknew text end, whichever is later.

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

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

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

Sec. 6.

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


new text begin Subd. 10. new text end

new text begin Vending machine. new text end

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

Sec. 7.

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


28A.08 LICENSE FEES; PENALTIES.

Subdivision 1.

General.

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

Subd. 3.

Fees effective July 1, 2003.

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

Sec. 8.

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


new text begin Subd. 3. new text end

new text begin Disaster areas. new text end

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

Sec. 9.

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


Subdivision 1.

Annual fee; exceptions.

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

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

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

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

Sec. 10.

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


29.23 GRADING.

Subdivision 1.

Grades, weight classes and standards for quality.

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

Subd. 2.

Equipment.

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

Subd. 3.

Egg temperature.

Eggs must be held at a temperature not to exceed 45
degrees Fahrenheit (7 degrees Celsius) after being received by the egg handler except for
cleaning, sanitizing, grading, and further processing when they must immediately be
placed under refrigeration that is maintained at 45 degrees Fahrenheit (7 degrees Celsius)
or below. Eggs offered for retail sale must be held at a temperature not to exceed deleted text begin45deleted text end new text begin41
new text enddegrees Fahrenheit (7 degrees Celsius). deleted text beginEquipment in use prior to August 1, 1991, is not
subject to this requirement.
deleted text endnew text begin Shell eggs that have been frozen must not be offered for sale
except as approved by the commissioner.
new text end

Subd. 4.

Vehicle temperature.

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

Sec. 11.

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


31.05 EMBARGOES AND CONDEMNATIONS.

Subdivision 1.

new text begin Definitions. new text end

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

new text begin Subd. 1a. new text end

Tag or notice.

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

Subd. 2.

Action for condemnation.

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

Subd. 3.

Remedies.

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

Subd. 4.

Duties of commissioner.

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

Subd. 5.

Emergency response.

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

Sec. 12.

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


31.171 EMPLOYMENT OF DISEASED PERSON.

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

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

Sec. 13.

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


31.175 WATER, PLUMBING, AND SEWAGE.

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

Sec. 14.

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

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

Sec. 15.

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


35.244 deleted text beginRULES FORdeleted text end CONTROL OF BOVINE TUBERCULOSIS.

new text begin Subdivision 1. new text end

new text begin Designation of zones. new text end

new text begin The board has the authority to control
tuberculosis and the movement of cattle, bison, and farmed cervidae within and between
tuberculosis zones in the state. Zones within the state may be designated as accreditation
preparatory, modified accredited, modified accredited advanced, or accredited free as
those terms are defined in Code of Federal Regulations, title 9, part 77. The board may
designate tuberculosis zones that contain not more than 300 herds.
new text end

new text begin Subd. 2. new text end

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

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

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

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

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

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

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

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

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

new text begin Subd. 3. new text end

new text begin Authority to adopt rules. new text end

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

Sec. 16.

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


41A.105 NEXTGEN ENERGY.

Subdivision 1.

Purpose.

It is the goal of the state through the Department of
Agriculture to research and develop energy sources to displace fossil fuels with renewable
technology.

Subd. 2.

NextGen Energy Board.

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

Subd. 3.

Duties.

The board shall research and report to the commissioner of
agriculture and to the legislature recommendations as to how the state can invest its
resources to most efficiently achieve energy independence, agricultural and natural
resources sustainability, and rural economic vitality. The board shall:

(1) examine the future of fuels, such as synthetic gases, biobutanol, hydrogen,
methanol, biodiesel, and ethanol within Minnesota;

(2) develop equity grant programs to assist locally owned facilities;

(3) study the proper role of the state in creating financing and investing and
providing incentives;

(4) evaluate how state and federal programs, including the Farm Bill, can best work
together and leverage resources;

(5) work with other entities and committees to develop a clean energy program; and

(6) report to the legislature before February 1 each year with recommendations as
to appropriations and results of past actions and projects.

Subd. 4.

Commissioner's duties.

The commissioner of agriculture shall administer
this section.

Subd. 5.

Expiration.

This section expires June 30, deleted text begin2009.deleted text endnew text begin 2014.new text end

Sec. 17.

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


Subd. 4.

Expiration.

This section expires on June 30, deleted text begin2008deleted text endnew text begin 2013new text end.

Sec. 18.

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


Subdivision 1.

Definitions.

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

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

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

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

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

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

Sec. 19.

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


new text begin Subd. 1a. new text end

new text begin Animal chiropractic practice. new text end

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

Sec. 20.

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


new text begin Subd. 1c. new text end

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

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

Sec. 21.

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


new text begin Subd. 1d. new text end

new text begin Titles. new text end

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

Sec. 22.

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


new text begin Subd. 1e. new text end

new text begin Provisional interim statute. new text end

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

Sec. 23.

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

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

new text begin (1) anatomy;
new text end

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

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

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

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

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

new text begin (ii) thoracic;
new text end

new text begin (iii) lumbosacral;
new text end

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

new text begin (v) extremity;
new text end

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

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

new text begin (ii) thoracic;
new text end

new text begin (iii) lumbosacral;
new text end

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

new text begin (v) extremity;
new text end

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

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

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

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

new text begin (11) pathology;
new text end

new text begin (12) radiology;
new text end

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

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

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

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

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

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

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

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

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

new text begin (d) A licensed chiropractor engaged in the practice of animal chiropractic diagnosis
and treatment must make treatment notes and records available to the patient's owner
upon request and must communicate their findings and treatment plan with the referring
veterinarian.
new text end

Sec. 24.

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

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

Sec. 25.

new text begin [148.035] SEPARATE TREATMENT ROOM REQUIRED.
new text end

new text begin A licensed chiropractor who provides animal chiropractic treatment in the same
facility where human patients are treated, shall maintain a separate noncarpeted room for
the purpose of adjusting animals. The table and equipment used for animals shall not be
used for human patients.
new text end

Sec. 26.

Minnesota Statutes 2006, section 156.001, is amended by adding a subdivision
to read:


new text begin Subd. 10a. new text end

new text begin Program for the Assessment of Veterinary Education Equivalence;
PAVE certificate.
new text end

new text begin A "Program for the Assessment of Veterinary Education Equivalence"
or "PAVE" certificate is issued by the American Association of Veterinary State Boards,
indicating that the holder has demonstrated knowledge and skill equivalent to that
possessed by a graduate of an accredited or approved college of veterinary medicine.
new text end

Sec. 27.

Minnesota Statutes 2006, section 156.02, subdivision 1, is amended to read:


Subdivision 1.

License application.

Application for a license to practice veterinary
medicine in this state shall be made in writing to the Board of Veterinary Medicine upon a
form furnished by the board, accompanied by satisfactory evidence that the applicant is at
least 18 years of age, is of good moral character, and has one of the following:

(1) a diploma conferring the degree of doctor of veterinary medicine, or an
equivalent degree, from an accredited or approved college of veterinary medicine;

(2) an ECFVG new text beginor PAVE new text endcertificate; or

(3) a certificate from the dean of an accredited or approved college of veterinary
medicine stating that the applicant is a student in good standing expecting to be graduated
at the completion of the current academic year of the college in which the applicant is
enrolled.

The application shall contain the information and material required by subdivision
2 and any other information that the board may, in its sound judgment, require. The
application shall be filed with the board at least 60 days before the date of the examination.
If the board deems it advisable, it may require that such application be verified by the
oath of the applicant.

Sec. 28.

Minnesota Statutes 2006, section 156.02, subdivision 2, is amended to read:


Subd. 2.

Required with application.

Every application shall contain the following
information and material:

(1) the application fee set by the board in the form of a check or money order payable
to the board, which fee is not returnable in the event permission to take the examination
is denied for good cause;

(2) a copy of a diploma from an accredited or approved college of veterinary
medicine or a certificate from the dean or secretary of an accredited or approved college of
veterinary medicine showing the time spent in the school and the date when the applicant
was duly and regularly graduated or will duly and regularly graduate or verification of
ECFVG new text beginor PAVE new text endcertification;

(3) affidavits of at least two veterinarians and three adults who are not related to
the applicant setting forth how long a time, when, and under what circumstances they
have known the applicant, and any other facts as may be proper to enable the board to
determine the qualifications of the applicant; and

(4) if the applicant has served in the armed forces, a copy of discharge papers.

Sec. 29.

Minnesota Statutes 2006, section 156.04, is amended to read:


156.04 BOARD TO ISSUE LICENSE.

The Board of Veterinary Medicine shall issue to every applicant who has successfully
passed the required examination, who has received a diploma conferring the degree of
doctor of veterinary medicine or an equivalent degree from an accredited or approved
college of veterinary medicine or an ECFVG new text beginor PAVE new text endcertificate, and who shall have been
adjudged to be duly qualified to practice veterinary medicine, a license to practice.

Sec. 30.

Minnesota Statutes 2006, section 156.072, subdivision 2, is amended to read:


Subd. 2.

Required with application.

Such doctor of veterinary medicine shall
accompany the application by the following:

(1) a copy of a diploma from an accredited or approved college of veterinary
medicine or certification from the dean, registrar, or secretary of an accredited or approved
college of veterinary medicine attesting to the applicant's graduation from an accredited
or approved college of veterinary medicine, or a certificate of satisfactory completion of
the ECFVG new text beginor PAVE new text endprogram.

(2) affidavits of two licensed practicing doctors of veterinary medicine residing in
the United States or Canadian licensing jurisdiction in which the applicant is currently
practicing, attesting that they are well acquainted with the applicant, that the applicant is a
person of good moral character, and has been actively engaged in practicing or teaching in
such jurisdiction for the period above prescribed;

(3) a certificate from the regulatory agency having jurisdiction over the conduct of
practice of veterinary medicine that such applicant is in good standing and is not the
subject of disciplinary action or pending disciplinary action;

(4) a certificate from all other jurisdictions in which the applicant holds a currently
active license or held a license within the past ten years, stating that the applicant is and
was in good standing and has not been subject to disciplinary action;

(5) in lieu of clauses (3) and (4), certification from the Veterinary Information
Verification Agency that the applicant's licensure is in good standing;

(6) a fee as set by the board in form of check or money order payable to the board,
no part of which shall be refunded should the application be denied;

(7) score reports on previously taken national examinations in veterinary medicine,
certified by the Veterinary Information Verification Agency; and

(8) if requesting waiver of examination, provide evidence of meeting licensure
requirements in the state of the applicant's original licensure that were substantially equal
to the requirements for licensure in Minnesota in existence at that time.

Sec. 31.

Minnesota Statutes 2006, section 156.073, is amended to read:


156.073 TEMPORARY PERMIT.

The board may issue without examination a temporary permit to practice veterinary
medicine in this state to a person who has submitted an application approved by the
board for license pending examination, and holds a doctor of veterinary medicine degree
or an equivalent degree from an approved or accredited college of veterinary medicine
or an ECFVG new text beginor PAVE new text endcertification. The temporary permit shall expire the day after
publication of the notice of results of the first examination given after the permit is
issued. No temporary permit may be issued to any applicant who has previously failed
the national examination and is currently not licensed in any licensing jurisdiction of the
United States or Canada or to any person whose license has been revoked or suspended
or who is currently subject to a disciplinary order in any licensing jurisdiction of the
United States or Canada.

Sec. 32.

Minnesota Statutes 2006, section 156.12, subdivision 2, is amended to read:


Subd. 2.

Authorized activities.

No provision of this chapter shall be construed to
prohibit:

(a) a person from rendering necessary gratuitous assistance in the treatment of any
animal when the assistance does not amount to prescribing, testing for, or diagnosing,
operating, or vaccinating and when the attendance of a licensed veterinarian cannot be
procured;

(b) a person who is a regular student in an accredited or approved college of
veterinary medicine from performing duties or actions assigned by instructors or
preceptors or working under the direct supervision of a licensed veterinarian;

(c) a veterinarian regularly licensed in another jurisdiction from consulting with a
licensed veterinarian in this state;

(d) the owner of an animal and the owner's regular employee from caring for and
administering to the animal belonging to the owner, except where the ownership of the
animal was transferred for purposes of circumventing this chapter;

(e) veterinarians who are in compliance with subdivision 6 and who are employed by
the University of Minnesota from performing their duties with the College of Veterinary
Medicine, College of Agriculture, Agricultural Experiment Station, Agricultural Extension
Service, Medical School, School of Public Health, or other unit within the university; or
a person from lecturing or giving instructions or demonstrations at the university or in
connection with a continuing education course or seminar to veterinarians or pathologists
at the University of Minnesota Veterinary Diagnostic Laboratory;

(f) any person from selling or applying any pesticide, insecticide or herbicide;

(g) any person from engaging in bona fide scientific research or investigations which
reasonably requires experimentation involving animals;

(h) any employee of a licensed veterinarian from performing duties other than
diagnosis, prescription or surgical correction under the direction and supervision of the
veterinarian, who shall be responsible for the performance of the employee;

(i) a graduate of a foreign college of veterinary medicine from working under the
direct personal instruction, control, or supervision of a veterinarian faculty member of
the College of Veterinary Medicine, University of Minnesota in order to complete the
requirements necessary to obtain an ECFVG new text beginor PAVE new text endcertificatedeleted text begin.deleted text endnew text begin;
new text end

new text begin (j) a licensed chiropractor registered under section 148.01, subdivision 1a, from
practicing animal chiropractic.
new text end

Sec. 33.

Minnesota Statutes 2006, section 156.12, subdivision 4, is amended to read:


Subd. 4.

Titles.

It is unlawful for a person who has not received a professional
degree from an accredited or approved college of veterinary medicine, or ECFVG new text beginor PAVE
new text endcertification, to use any of the following titles or designations: Veterinary, veterinarian,
animal doctor, animal surgeon, animal dentist, animal chiropractor, animal acupuncturist,
or any other title, designation, word, letter, abbreviation, sign, card, or device tending to
indicate that the person is qualified to practice veterinary medicine.

Sec. 34.

Minnesota Statutes 2006, section 156.12, subdivision 6, is amended to read:


Subd. 6.

Faculty licensure.

(a) Veterinary Medical Center clinicians at the College
of Veterinary Medicine, University of Minnesota, who are engaged in the practice of
veterinary medicine as defined in subdivision 1 and who treat animals owned by clients of
the Veterinary Medical Center must possess the same license required by other veterinary
practitioners in the state of Minnesota except for persons covered by paragraphs (b) and (c).

(b) A specialty practitioner in a hard-to-fill faculty position who has been employed
at the College of Veterinary Medicine, University of Minnesota, for five years or
more prior to 2003 or is specialty board certified by the American Veterinary Medical
Association new text beginor the European Board of Veterinary Specialization new text endmay be granted a specialty
faculty Veterinary Medical Center clinician license which will allow the licensee to
practice veterinary medicine in the state of Minnesota in the specialty area of the licensee's
training and only within the scope of employment at the Veterinary Medical Center.

(c) A specialty practitioner in a hard-to-fill faculty position at the College of
Veterinary Medicine, University of Minnesota, who has graduated from a board-approved
foreign veterinary school may be granted a temporary faculty Veterinary Medical Center
clinician license. The temporary faculty Veterinary Medical Center clinician license
expires in two years and allows the licensee to practice veterinary medicine as defined
in subdivision 1 and treat animals owned by clients of the Veterinary Medical Center.
The temporary faculty Veterinary Medical Center clinician license allows the licensee to
practice veterinary medicine in the state of Minnesota in the specialty area of the licensee's
training and only within the scope of employment at the Veterinary Medical Centernew text begin while
under the direct supervision of a veterinarian currently licensed and actively practicing
veterinary medicine in Minnesota, as defined in section 156.04. The direct supervising
veterinarian must not have any current or past conditions, restrictions, or probationary
status imposed on the veterinarian's license by the board within the past five years
new text end. The
holder of a temporary faculty Veterinary Medical Center clinician license who is enrolled
in a PhD program may apply for new text beginup to new text endtwo new text beginadditional consecutive new text endtwo-year extensions
of an expiring temporary faculty Veterinary Medical Center clinician license. Any other
holder of a temporary faculty Veterinary Medical Center clinician license may apply for
one two-year extension of the expiring temporary faculty Veterinary Medical Center
clinician license. Temporary faculty Veterinary Medical Center clinician licenses that are
allowed to expire may not be renewed. The board shall grant an extension to a licensee
who demonstrates suitable progress toward completing the requirements of their academic
program, specialty board certification, or full licensure in Minnesota by a graduate of a
foreign veterinary college.

(d) Temporary and specialty faculty Veterinary Medical Center clinician licensees
must abide by all the laws governing the practice of veterinary medicine in the state
of Minnesota and are subject to the same disciplinary action as any other veterinarian
licensed in the state of Minnesota.

(e) The fee for a license issued under this subdivision is the same as for a regular
license to practice veterinary medicine in Minnesota. License payment deadlines, late
payment fees, and other license requirements are also the same as for regular licenses.

Sec. 35.

Minnesota Statutes 2006, section 156.15, subdivision 2, is amended to read:


Subd. 2.

Service.

Service of an order under this section is effective if the order is
served on the person or counsel of record personally or by deleted text begincertifieddeleted text endnew text begin United Statesnew text end mail to
the most recent address provided to the board for the person or counsel of record.

Sec. 36.

Minnesota Statutes 2006, section 156.16, subdivision 3, is amended to read:


Subd. 3.

Dispensing.

"Dispensing" means distribution of veterinary prescription
drugs or over-the-counter drugsnew text begin, human drugs for extra-label use,new text end for extra-label use by a
person licensed as a pharmacist by the Board of Pharmacy or a person licensed by the
Board of Veterinary Medicine.

Sec. 37.

Minnesota Statutes 2006, section 156.16, subdivision 10, is amended to read:


Subd. 10.

Prescription.

"Prescription" means an order from a veterinarian to a
pharmacist or another veterinarian authorizing the dispensing of deleted text beginadeleted text end veterinary prescription
deleted text begin drugdeleted text endnew text begin drugs, human drugs for extra-label use, or over-the-counter drugs for extra-label usenew text end
to a client for use on or in a patient.

Sec. 38.

Minnesota Statutes 2006, section 156.18, subdivision 1, is amended to read:


Subdivision 1.

Prescription.

(a) A person may not dispense a veterinary
prescription drug to a client without a prescription or other veterinary authorization. A
person may not make extra-label use of an animal or human drug for an animal without a
prescription from a veterinarian. A veterinarian or the veterinarian's authorized employee
may dispense deleted text beginadeleted text end veterinary prescription deleted text begindrug todeleted text end new text begindrugs, human drugs for extra-label use, or
an over-the-counter drug for extra-label use by
new text enda client deleted text beginor oversee the extra-label use of
a veterinary drug directly by a client
deleted text end without a separate written prescription, providing
there is new text begindocumentation of the prescription in the medical record and there is new text endan existing
veterinarian-client-patient relationship.new text begin The prescribing veterinarian must monitor the use
of veterinary prescription drugs, human drugs for extra-label use, or over-the-counter
drugs for extra-label use by a client.
new text end

(b) A veterinarian may dispense prescription veterinary drugs and prescribe and
dispense extra-label use drugs to a client without personally examining the animal if
a bona fide veterinarian-client-patient relationship exists and in the judgment of the
veterinarian the client has sufficient knowledge to use the drugs properly.

(c) A veterinarian may issue a prescription or other veterinary authorization by oral or
written communication to the dispenser, or by computer connection. If the communication
is oral, the veterinarian must enter it into the patient's record. The dispenser must record
the veterinarian's prescription or other veterinary authorization within 72 hours.

(d) A prescription or other veterinary authorization must include:

(1) the name, address, and, if written, the signature of the prescriber;

(2) the name and address of the client;

(3) identification of the species for which the drug is prescribed or ordered;

(4) the name, strength, and quantity of the drug;

(5) the date of issue;

(6) directions for use; deleted text beginand
deleted text end

(7) withdrawal timedeleted text begin.deleted text endnew text begin;
new text end

new text begin (8) expiration date of prescription; and
new text end

new text begin (9) number of authorized refills.
new text end

(e) A veterinarian may, in the course of professional practice and an existing
veterinarian-client-patient relationship, prepare medicaments that combine drugs approved
by the United States Food and Drug Administration and other legally obtained ingredients
with appropriate vehicles.

(f) A veterinarian or a bona fide employee of a veterinarian may dispense veterinary
prescription drugs to a person on the basis of a prescription issued by a licensed
veterinarian. The provisions of paragraphs (c) and (d) apply.

(g) This section does not limit the authority of the Minnesota Racing Commission to
regulate veterinarians providing services at a licensed racetrack.

Sec. 39.

Minnesota Statutes 2006, section 156.18, subdivision 2, is amended to read:


Subd. 2.

Label of dispensed veterinary drugs.

(a) A veterinarian or the
veterinarian's authorized agent new text beginor employee new text enddispensing a veterinary prescription drug
deleted text begin or prescribing the extra-label use of an over-the-counter drugdeleted text endnew text begin, an over-the-counter drug
for extra-label use, or a human drug for extra-label use
new text end must provide written information
which includes the name and address of the veterinarian, date of filling, species of patient,
name or names of drug, strength of drug or drugs, directions for use, withdrawal time,
and cautionary statements, if any, appropriate for the drug.

(b) If the veterinary drug has been prepared, mixed, formulated, or packaged by the
dispenser, all of the information required in paragraph (a) must be provided on a label
affixed to the container.

(c) If the veterinary drug is in the manufacturer's original package, the information
required in paragraph (a) must be supplied in writing but need not be affixed to the
container. Information required in paragraph (a) that is provided by the manufacturer on
the original package does not need to be repeated in the separate written information.
Written information required by this paragraph may be written on the sales invoice.

Sec. 40.

Minnesota Statutes 2006, section 156.19, is amended to read:


156.19 EXTRA-LABEL USE.

A person, other than a veterinarian or deleted text begina person working under the controldeleted text end new text beginan
employee
new text endof a veterinarian, must not make extra-label use of a veterinary drug in or
on a food-producing animal, unless permitted by the prescription of a veterinarian. A
veterinarian may prescribe the extra-label use of a deleted text beginveterinarydeleted text end drug if:

(1) the veterinarian makes a careful medical diagnosis within the context of a valid
veterinarian-client-patient relationship;

(2) the veterinarian determines that there is no marketed drug specifically labeled to
treat the condition diagnosed, or that drug therapy as recommended by the labeling has, in
the judgment of the attending veterinarian, been found to be clinically ineffective;

(3) the veterinarian recommends procedures to ensure that the identity of the treated
animal will be carefully maintained; deleted text beginand
deleted text end

(4) the veterinarian prescribes a significantly extended time period for drug
withdrawal before marketing meat, milk, or eggsdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (5) the veterinarian has met the criteria established in Code of Federal Regulations,
title 21, part 530, which define the extra-label use of medication in or on animals.
new text end

Sec. 41.

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


239.77 BIODIESEL CONTENT MANDATE.

Subdivision 1.

Biodiesel fuel.

"Biodiesel fuel" means a renewable, biodegradable,
mono alkyl ester combustible liquid fuel that is derived from agricultural new text beginand other new text endplant
oils or animal fats and that meets American Society For Testing and Materials specification
D6751-07 for Biodiesel Fuel (B100) Blend Stock for Distillate Fuels.

new text begin Biodiesel produced from palm oil is not biodiesel fuel for the purposes of this
section, unless the palm oil is contained within waste oil and grease collected within the
United States or Canada.
new text end

Subd. 2.

Minimum content.

new text begin(a) new text endExcept as otherwise provided in this section, all
diesel fuel sold or offered for sale in Minnesota for use in internal combustion engines
must contain at least deleted text begin2.0 percentdeleted text endnew text begin the stated percentage ofnew text end biodiesel fuel oil by volumedeleted text begin.deleted text endnew text begin
on and after the following dates:
new text end

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

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

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

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

new text begin (2) a sufficient supply of biodiesel is available and the amount of biodiesel produced
in this state from feedstock with at least 75 percent that is produced in the United States
and Canada is equal to at least 50 percent of anticipated demand at the next minimum
content level;
new text end

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

new text begin (4) at least five percent of the amount of biodiesel necessary for that minimum
content level will be produced from a biological resource other than an agricultural
resource traditionally grown or raised in the state, including, but not limited to, algae
cultivated for biofuels production, waste oils, and tallow.
new text end

new text begin The condition in clause (4) may be waived if the commissioners find that the use of
these nontraditional feedstocks would be uneconomic under market conditions existing at
the time notice is given under this paragraph.
new text end

new text begin (c) The commissioners of agriculture, commerce, and pollution control must consult
with the biodiesel task force when assessing and certifying conditions in paragraph (b),
and in general must seek the guidance of the biodiesel task force regarding biodiesel
labeling, enforcement, and other related issues.
new text end

new text begin (d) During a period of biodiesel fuel shortage or a problem with biodiesel quality
that negatively affects the availability of biodiesel fuel, the commissioner of commerce
may temporarily suspend the minimum content requirement in subdivision 2 until there
is sufficient biodiesel fuel, as defined in subdivision 1, available to fulfill the minimum
content requirement.
new text end

new text begin (e) By February 1, 2012, and periodically thereafter, the commissioner of commerce
shall determine the wholesale diesel price at various pipeline and refinery terminals in the
region, and the biodiesel price determined after credits and incentives are subtracted at
biodiesel plants in the region. The commissioner shall report wholesale price differences to
the governor who, after consultation with the commissioners of commerce and agriculture,
may by executive order adjust the biodiesel mandate if a price disparity reported by the
commissioner will cause economic hardship to retailers of diesel fuel in this state. Any
adjustment must be for a specified period of time, after which the percentage of biodiesel
fuel to be blended into diesel fuel returns to the amount required in subdivision 2. The
biodiesel mandate must not be adjusted to less than five percent.
new text end

Subd. 3.

Exceptions.

(a) The minimum content deleted text beginrequirementdeleted text endnew text begin requirementsnew text end of
subdivision 2 deleted text begindoesdeleted text endnew text begin donew text end not apply to fuel used in the following equipment:

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

(2) railroad locomotives; and

(3) off-road taconite and copper mining equipment and machinery.

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

Subd. 4.

Disclosure.

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

new text begin Subd. 5. new text end

new text begin Annual report. new text end

new text begin Beginning in 2009, the commissioner of agriculture
must report by January 15 of each year to the chairs and ranking minority members of
the legislative committees and divisions with jurisdiction over agriculture policy and
finance regarding the implementation of the minimum content requirements in subdivision
2, including information about the price and supply of biodiesel fuel. The report shall
include information about the impacts of the biodiesel mandate on the development of
biodiesel production capacity in the state, and on the use of feedstock grown or raised in
the state for biodiesel production. The report must include any written comments received
from members of the biodiesel fuel task force by January 1 of that year designated by
them for inclusion in the report.
new text end

Sec. 42.

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


Subd. 8a.

Biodiesel fuel.

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

Sec. 43.

Minnesota Statutes 2007 Supplement, section 394.23, is amended to read:


394.23 COMPREHENSIVE PLAN.

The board has the power and authority to prepare and adopt by ordinance, a
comprehensive plan. A comprehensive plan or plans when adopted by ordinance must be
the basis for official controls adopted under the provisions of sections 394.21 to 394.37.
The commissioner of natural resources must provide the natural heritage data from
the county biological survey, if available, to each county for use in the comprehensive
plan.new text begin When adopting or updating the comprehensive plan, the board must, if the data is
available to the county, consider natural heritage data resulting from the county biological
survey. The board must consider adopting goals and objectives that will protect open
space and the environment.
new text end

Sec. 44.

new text begin [394.231] COMPREHENSIVE PLANS IN GREATER MINNESOTA;
OPEN SPACE.
new text end

new text begin A county adopting or updating a comprehensive plan in a county outside the
metropolitan area as defined by section 473.121, subdivision 2, shall consider adopting
goals and objectives for the preservation of agricultural, forest, wildlife, and open space
land, and minimizing development in sensitive shoreland areas. Within three years of
updating the comprehensive plan, the county shall consider adopting ordinances as part
of the county's official controls that encourage the implementation of the goals and
objectives. The county shall consider the following goals and objectives:
new text end

new text begin (1) minimizing the fragmentation and development of agricultural, forest, wildlife,
and open space lands, including consideration of appropriate minimum lot sizes;
new text end

new text begin (2) minimizing further development in sensitive shoreland areas;
new text end

new text begin (3) minimizing development near wildlife management areas, scientific and natural
areas, and nature centers;
new text end

new text begin (4) identification of areas of preference for higher density, including consideration
of existing and necessary water and wastewater services, infrastructure, other services,
and to the extent feasible, encouraging full development of areas previously zoned for
nonagricultural uses;
new text end

new text begin (5) encouraging development close to places of employment, shopping centers,
schools, mass transit, and other public and private service centers;
new text end

new text begin (6) identification of areas where other developments are appropriate; and
new text end

new text begin (7) other goals and objectives a county may identify.
new text end

new text begin new text end

Sec. 45.

Minnesota Statutes 2006, section 394.232, subdivision 6, is amended to read:


Subd. 6.

Plan update.

The county board, or the board of the joint planning district,
shall review and update the community-based comprehensive plan periodically, but at
least every ten years, and submit the updated plan to the office of strategic and long-range
planning for review and comment.new text begin When updating the plan, the county board or the
board of the joint planning district must consider natural heritage data resulting from the
county biological survey. The board must consider adopting goals and objectives that will
protect open space and the environment.
new text end

Sec. 46.

Minnesota Statutes 2006, section 462.355, subdivision 1, is amended to read:


Subdivision 1.

Preparation and review.

The planning agency shall prepare the
comprehensive municipal plan. In discharging this duty the planning agency shall
consult with and coordinate the planning activities of other departments and agencies
of the municipality to insure conformity with and to assist in the development of the
comprehensive municipal plan. In its planning activities the planning agency shall
take due cognizance of the planning activities of adjacent units of government and
other affected public agencies. The planning agency shall periodically review the plan
and recommend amendments whenever necessary.new text begin When preparing or recommending
amendments to the comprehensive plan, the planning agency must consider adopting goals
and objectives that will protect open space and the environment.
new text end

Sec. 47.

Minnesota Statutes 2006, section 462.357, is amended by adding a subdivision
to read:


new text begin Subd. 1h. new text end

new text begin Comprehensive plans in greater Minnesota; open spaces. new text end

new text begin When
adopting or updating a comprehensive plan in a municipality outside the metropolitan
area, as defined by section 473.121, subdivision 2, the municipality shall consider adopting
goals and objectives for the preservation of agricultural, forest, wildlife, and open space
land and the minimization of development in sensitive shoreland areas. Within three years
of updating the comprehensive plan, the municipality shall consider adopting ordinances
as part of the municipality's official controls that encourage the implementation of the
goals and objectives.
new text end

Sec. 48.

Minnesota Statutes 2006, section 462.357, is amended by adding a subdivision
to read:


new text begin Subd. 9. new text end

new text begin Development goals and objectives. new text end

new text begin In adopting official controls after July
1, 2008, in a municipality outside the metropolitan area, as defined by section 473.121,
subdivision 2, the municipality shall consider restricting new residential, commercial, and
industrial development so that the new development takes place in areas subject to the
following goals and objectives:
new text end

new text begin (1) minimizing the fragmentation and development of agricultural, forest, wildlife,
and open space lands, including consideration of appropriate minimum lot sizes;
new text end

new text begin (2) minimizing further development in sensitive shoreland areas;
new text end

new text begin (3) minimizing development near wildlife management areas, scientific and natural
areas, and nature centers;
new text end

new text begin (4) identification of areas of preference for higher density, including consideration
of existing and necessary water and wastewater services, infrastructure, other services,
and to the extent feasible, encouraging full development of areas previously zoned for
nonagricultural uses;
new text end

new text begin (5) encouraging development close to places of employment, shopping centers,
schools, mass transit, and other public and private service centers;
new text end

new text begin (6) identification of areas where other developments are appropriate; and
new text end

new text begin (7) other goals and objectives a municipality may identify.
new text end

Sec. 49. new text beginTITLE.
new text end

new text begin Sections 43 to 48 shall be known as the President Theodore Roosevelt Memorial
Bill to Preserve Agricultural, Forest, Wildlife, and Open Space Land.
new text end

Sec. 50.

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


Subd. 3.

Agricultural Marketing and
Development

8,547,000
5,157,000

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

$160,000 the first year and $160,000 the
second year are for grants to farmers for
demonstration projects involving sustainable
agriculture as authorized in Minnesota
Statutes, section 17.116. Of the amount
for grants, up to $20,000 may be used for
dissemination of information about the
demonstration projects. Notwithstanding
Minnesota Statutes, section 16A.28, the
appropriations encumbered under contract
on or before June 30, 2009, for sustainable
agriculture grants in this paragraph are
available until June 30, 2011.

$100,000 the first year and $100,000
the second year are to provide training
and technical assistance to county and
town officials relating to livestock siting
issues and local zoning and land use
planning, including a checklist template that
would clarify the federal, state, and local
government requirements for consideration
of an animal agriculture modernization
or expansion project. In developing
the training and technical assistance
program, the commissioner shall seek
guidance, advice, and support of livestock
producer organizations, general agricultural
organizations, local government associations,
academic institutions, other government
agencies, and others with expertise in land
use and agriculture.

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

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 51.

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


Subd. 4.

Bioenergy and Value-Added
Agricultural Products

19,918,000
15,168,000

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

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

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

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

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 52. new text beginAGRICULTURAL AND OPEN SPACE PRESERVATION TASK
FORCE.
new text end

new text begin An agricultural and open space preservation task force is created to study state and
local policies and incentives related to encouraging farms, privately owned forest lands,
and other privately owned open spaces to be preserved. The task force shall consist of two
members of the senate appointed by the Subcommittee on Committees of the Committee
on Rules and Administration, including one member of the minority; one member of the
majority party in the house of representatives, appointed by the speaker of the house of
representatives, and one member of the minority party in the house of representatives
appointed by the minority leader; and one representative each from the Association of
Minnesota Counties, the League of Minnesota Cities, and the Minnesota Association of
Townships. The task force shall consult with representatives of agricultural groups such as
Farm Bureau and Farmer's Union and may consult with other interested parties, including
appropriate state agencies, as needed. No public member of the task force shall be entitled
to compensation or reimbursements for expenses. Appointments shall be made by July 1,
2008, and the first meeting shall be convened by agreement of the senate members no later
than August 1, 2008. The task force shall elect a chair from among its members at the
first meeting. The task force must report its findings with recommendations for proposed
legislation to the chair and ranking minority member of the committees in the house of
representatives and senate with jurisdiction over land use planning no later than January
30, 2009. The task force shall expire on June 30, 2009.
new text end

Sec. 53. new text beginPROPOSAL; PETROLEUM INSPECTION FEE REVENUE.
new text end

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

Sec. 54. new text beginTECHNICAL COLD WEATHER ISSUES.
new text end

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

Sec. 55. new text beginBIOBASED DIESEL ALTERNATIVES.
new text end

new text begin By January 15, 2011, the commissioners of agriculture, commerce, and pollution
control shall consult with a broad range of stakeholders with technical expertise to
develop and present recommendations to the NextGen Energy Board and to the chairs and
ranking minority members of the Environment, Agriculture, Transportation, and Energy
Policy and Finance Committees for the use of biobased diesel alternatives in the state,
after reviewing the technology, economics, and operational characteristics associated
with their use. For the purposes of this section, "biobased diesel alternatives" means
alternatives to petroleum diesel fuel that are warrantied for use in a standard diesel engine
without modification and derived from a biological resource. The commissioners may
not recommend the use of a biobased diesel alternative for which an ASTM specification
has not been developed, and which does not provide at least the equivalent environmental
emissions benefits and local economic development potential as biodiesel produced using
feedstocks grown or raised in the United States and Canada.
new text end

Sec. 56. new text beginLOW-CARBON FUEL STANDARD STUDY.
new text end

new text begin (a) The amount appropriated in 2008 H.F. No. 1812, if enacted, to the Department of
Commerce for sustainability standards is for a grant to study how a Minnesota-appropriate
low-carbon fuel standard could be designed to take advantage of Minnesota's biofuel
policies, and provide maximum benefits to Minnesota's consumers, workers, farmers, and
businesses while ensuring the continued viability of the state's current biofuel industry. At
a minimum, the study shall analyze a performance-based low-carbon fuel standard that
measures the progress in reducing greenhouse gas emissions on a full lifecycle basis
and include an analysis of:
new text end

new text begin (1) basing the initial increment for carbon reduction based on the state's plans for
20 percent ethanol by 2013 and 20 percent biodiesel by 2015 and testing a number of
assumptions about reducing fossil fuel inputs in the production of those fuels during
this time frame;
new text end

new text begin (2) basing the next increment of carbon reduction on assumptions and policies about
the commercialization and penetration of biomass-based fuels using various nontraditional
feedstocks, including algae and perennial grasses, electricity, hydrogen, compressed
natural gas, and other innovative fuel strategies;
new text end

new text begin (3) the impact the low-carbon fuel standard might have on Minnesota consumers
of transportation fuels generally and on the competitiveness of the state's current ethanol
and biodiesel industries;
new text end

new text begin (4) recommendations to increase the environmental and economic sustainability of
the production of transportation fuels, including land and water conservation implications
and rural economic development; and
new text end

new text begin (5) an outline of the steps necessary to implement a Minnesota-appropriate
low-carbon fuel standard.
new text end

new text begin (b) The commissioner shall present the study and any recommendations to the
NextGen Energy Board, the Biodiesel Board, and the chairs and ranking minority
members of the Environment, Agriculture, Transportation, and Energy Policy and Finance
Committees by February 1, 2009, including any proposed legislation necessary to
implement the recommendations.
new text end

Sec. 57. new text beginNEXTGEN 2007 APPROPRIATION MODIFICATION.
new text end

new text begin $500,000 of the amount appropriated to the commissioner of agriculture for
bioenergy grants under Laws 2007, chapter 45, article 1, section 3, subdivision 4, is for
cold weather biodiesel blending infrastructure grants to facilities that serve Minnesota.
new text end

Sec. 58. new text beginRENEWABLE DEVELOPMENT FUND 2007 APPROPRIATION
MODIFICATION.
new text end

new text begin Of the amounts appropriated from the renewable development fund to the
commissioner of commerce for renewable energy research under Laws 2007, chapter
57, article 2, section 3, subdivision 6, clause (7), $500,000 shall be used to support the
algae-to-biofuels research project at the University of Minnesota and the Metropolitan
Council.
new text end

ARTICLE 2

VETERANS AND MILITARY AFFAIRS

Section 1.

Minnesota Statutes 2006, section 168.1255, subdivision 1, is amended to
read:


Subdivision 1.

General requirements and procedures.

The commissioner shall
issue special veteran contribution platesnew text begin or a single motorcycle platenew text end to an applicant who:

(1) is a veteran, as defined in section 197.447;

(2) is a registered owner of a passenger automobilenew text begin or motorcyclenew text end;

(3) pays a fee of $10 to cover the costs of handling and manufacturing the plates;

(4) pays the registration tax required under section 168.013;

(5) pays the fees required under this chapter;

(6) pays an additional onetime World War II memorial contribution of $30, which
the department shall retain until all start-up costs associated with the development and
issuing of the plates have been recovered, after which the commissioner shall deposit
contributions in the World War II donation match account; and

(7) complies with this chapter and rules governing the registration of motor vehicles
and licensing of drivers.

Sec. 2.

Minnesota Statutes 2006, section 168.1255, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Motorcycle plate. new text end

new text begin A motorcycle plate issued under this section must be
the same size as a regular motorcycle plate.
new text end

Sec. 3.

Minnesota Statutes 2006, section 168.1255, subdivision 3, is amended to read:


Subd. 3.

Plate transfers.

Despite section 168.12, subdivision 1, on payment of a
transfer fee of $5, plates issued under this section may be transferred to another passenger
automobile registered to the individual to whom the veteran contribution plates were
issuednew text begin, or a single motorcycle plate may be transferred to another motorcycle registered to
the individual to whom the plate was issued
new text end.

Sec. 4.

Minnesota Statutes 2006, section 168.1255, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin World War II memorial donation match account. new text end

new text begin Money remaining
in the World War II memorial donation match account after the state share of the
construction costs of the World War II memorial has been paid in full is appropriated to the
commissioner of veterans affairs for services and programs for veterans and their families.
new text end

Sec. 5.

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


196.021 DEPUTY COMMISSIONERS; DUTIES.

Subdivision 1.

Appointment.

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

Subd. 2.

deleted text beginDeputy for veteran services;deleted text end Powers and duties.

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

Sec. 6.

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


196.03 OFFICERS AND EMPLOYEES.

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

Sec. 7.

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

new text begin Subdivision 1. new text end

new text begin Creation. new text end

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

new text begin Subd. 2. new text end

new text begin Membership. new text end

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

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

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

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

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

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

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

new text begin Subd. 3. new text end

new text begin Duties. new text end

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

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

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

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

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

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

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

new text begin Subd. 4. new text end

new text begin Expiration. new text end

new text begin Notwithstanding section 15.059, subdivision 4, the council
expires June 30, 2013.
new text end

Sec. 8.

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


197.236 deleted text beginVETERANS CEMETERYdeleted text endnew text begin STATE VETERANS CEMETERIESnew text end.

Subd. 3.

Operation and maintenance.

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

Subd. 5.

Rules.

The commissioner of veterans affairs may adopt rules regarding the
operation of the deleted text begincemeterydeleted text endnew text begin cemeteriesnew text end. deleted text beginIf practicable,deleted text end The commissioner shall require that
upright granite markers new text beginsupplied by the United States Department of Veterans Affairs new text endbe
used to mark all gravesites.

Subd. 6.

Permanent development and maintenance account.

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

deleted text begin Subd. 7. deleted text end

deleted text begin Permanent trust account. deleted text end

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

Subd. 8.

Eligibility.

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

Subd. 9.

Burial fees.

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

No plot or interment fees may be charged for the burial of deleted text begineligible veterans, members
of the National Guard, or military reservists, except that funds available from the Social
Security or veterans burial allowances, if any, must be paid to the commissioner in an
amount not to exceed the actual cost of the interment, excluding the value of the plot.
deleted text end

deleted text begin Prior to the interment of an eligible person, the commissioner shall request the
cooperation of the eligible person's next of kin in applying to the appropriate federal
agencies for payment to the cemetery of any allowable interment allowance
deleted text endnew text begin service
members who die on active duty or eligible veterans, as defined in United States Code,
title 38, section 101, paragraph (2)
new text end.

deleted text begin Subd. 10. deleted text end

deleted text begin Allocation of plots. deleted text end

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

new text begin Subd. 11. new text end

new text begin Plot allowance claims. new text end

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

Sec. 9.

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


Subdivision 1.

Resident's rights.

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

Sec. 10. new text beginRULES TRANSFER.
new text end

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

Sec. 11. new text beginAPPOINTMENTS.
new text end

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

Sec. 12. new text beginWORLD WAR II SERVICE MEDALLIONS; APPROPRIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Medallions. new text end

new text begin By July 1, 2008, the commissioner of veterans
affairs must notify veterans organizations that include veterans of World War II in their
membership of the opportunity under this section for surviving individual veterans of
World War II to obtain commemorative medallions recognizing their service in the
United States armed forces during World War II. The commissioner shall establish the
service criteria necessary to obtain a medallion and the cost of each medallion. Veterans
organizations may collect and contribute money on behalf of their surviving individual
members who meet the service criteria. No later than September 1, 2008, the organizations
may submit the names of qualifying individuals and provide money to pay for the cost
of the medallions to the commissioner. By October 15, 2008, the commissioner shall
distribute the medallions to organizations for distribution to the qualifying individuals.
new text end

new text begin Subd. 2. new text end

new text begin Appropriation. new text end

new text begin Money received by the commissioner under this section is
appropriated to the commissioner for the purposes of this section.
new text end

Sec. 13. new text beginTRANSFER OF FUNDS IN VETERANS CEMETERY TRUST
ACCOUNT.
new text end

new text begin Notwithstanding Minnesota Statutes, section 16A.62, on June 30, 2008, all money in
the veterans cemetery trust account in the special revenue fund established in Minnesota
Statutes, section 197.236, subdivision 7, must be transferred to the permanent development
and maintenance account in the special revenue fund under Minnesota Statutes, section
197.236, subdivision 6.
new text end

Sec. 14. new text beginPLAQUE AUTHORIZED.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin The legislature and Minnesota's Mexican-American
veterans wish to honor all Minnesota veterans who have honorably and bravely served
in the United States armed forces, during both peacetime and war, since the founding
of this great nation.
new text end

new text begin Subd. 2. new text end

new text begin Plaque. new text end

new text begin A memorial plaque may be placed in the court of honor on the
Capitol grounds by Minnesota's Mexican-American veterans to recognize the valiant
service of all Minnesota veterans who have honorably and bravely served in the United
States armed forces, during both peacetime and war, since the founding of this great
nation. The plaque must be furnished by the AMVETS Mexican-American Post 5
and must be approved by the commissioner of veterans affairs and the Capitol Area
Architectural and Planning Board.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 15. new text beginREVISOR'S INSTRUCTION.
new text end

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

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

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

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

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

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

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

Sec. 16. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, sections 198.001, subdivisions 6 and 9; 198.002,
subdivisions 1, 3, and 6; 198.003, subdivisions 5 and 6; and 198.004, subdivision 2,
new text end new text begin and
new text end

new text begin Minnesota Statutes 2007 Supplement, sections 198.002, subdivision 2; and 198.004,
subdivision 1,
new text end new text begin are repealed.
new text end

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