S.F. No. 3683, 4th Engrossment - 85th Legislative Session (2007-2008) Posted on May 08, 2008
1.2relating to the operation of state government; regulating, requiring, or changing
1.3certain provisions and programs related to agriculture; creating a livestock
1.4investment grant program; modifying pesticide and fertilizer regulation; changing
1.5certain payment provisions for certain agricultural chemical corrective action
1.6costs; changing certain food sanitary provisions; changing certain fee provisions;
1.7defining certain terms; regulating egg sales and handling; increasing the somatic
1.8cell count limit for goat milk; changing ethanol payment provisions; providing
1.9for control of bovine tuberculosis; adding a member to the NextGen Energy
1.10Board; modifying the expiration date for the NextGen Energy Board; establishing
1.11requirements for practicing animal chiropractic care; recognizing a Program
1.12for the Assessment of Veterinary Education Equivalence certification; limiting
1.13use of certain drugs; changing certain requirements; regulating prescription of
1.14veterinary drugs; changing ethanol blending provisions; modifying definition of
1.15biodiesel; increasing minimum biodiesel content; creating a tiered biodiesel
1.16content goal; requiring counties to consider natural heritage data in adopting
1.17or amending comprehensive plans; requiring local governments to consider
1.18comprehensive plans to limit development on agricultural, forest, wildlife,
1.19and open space land; establishing a task force; modifying 2007 appropriation
1.20language; creating an advisory council, a working group, and a planning group
1.21and requiring certain studies; changing certain provisions and programs related
1.22to veterans and members of the military; providing for certain medallions;
1.23transferring certain duties related to veterans homes; appropriating money;
1.24amending Minnesota Statutes 2006, sections 13.785, by adding a subdivision;
1.2518B.065, subdivisions 2, 7; 18B.07, subdivision 2; 18D.305, subdivision 2;
1.2618E.04, subdivision 2; 28A.03, by adding a subdivision; 28A.05; 28A.08;
1.2728A.082, by adding a subdivision; 28A.09, subdivision 1; 29.23; 31.05; 31.171;
1.2841A.09, subdivision 3a; 41D.01, subdivision 4; 97A.028, subdivision 3; 148.01,
1.29subdivision 1, by adding subdivisions; 156.001, by adding a subdivision; 156.02,
1.30subdivisions 1, 2; 156.04; 156.072, subdivision 2; 156.073; 156.12, subdivisions
1.312, 4, 6; 156.15, subdivision 2; 156.16, subdivisions 3, 10; 156.18, subdivisions 1,
1.322; 156.19; 168.1255, subdivisions 1, 3, by adding subdivisions; 192.20; 196.021;
1.33196.03; 197.236; 198.32, subdivision 1; 239.051, subdivision 15; 239.77, as
1.34amended; 239.7911, subdivision 2; 296A.01, subdivision 2; 394.232, subdivision
1.356; 462.355, subdivision 1; 462.357, by adding subdivisions; Minnesota Statutes
1.362007 Supplement, sections 18B.065, subdivisions 1, 2a; 18B.26, subdivision
1.373; 31.175; 41A.105; 197.791, subdivisions 1, 4, 5; 239.761, subdivision 4, by
1.38adding subdivisions; 296A.01, subdivisions 8a, 25; 394.23; Laws 2007, chapter
1.3945, article 1, section 3, subdivisions 3, 4, 5; proposing coding for new law
2.1in Minnesota Statutes, chapters 17; 32; 148; 192; 196; 197; 394; repealing
2.2Minnesota Statutes 2006, sections 190.17; 197.236, subdivisions 7, 10; 198.001,
2.3subdivisions 6, 9; 198.002, subdivisions 1, 3, 6; 198.003, subdivisions 5, 6;
2.4198.004, subdivision 2; Minnesota Statutes 2007 Supplement, sections 198.002,
2.5subdivision 2; 198.004, subdivision 1; Minnesota Rules, part 9050.0040, subpart
2.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.10 Section 1. [17.118] LIVESTOCK INVESTMENT GRANT PROGRAM.
2.11 Subdivision 1. Establishment. The commissioner may award a livestock investment
2.12grant to a person who raises livestock in this state equal to ten percent of the first $500,000
2.13of qualifying expenditures, provided the person makes qualifying expenditures of at least
2.14$4,000. The commissioner may award multiple livestock investment grants to a person
2.15over the life of the program as long as the cumulative amount does not exceed $50,000.
2.16 Subd. 2. Definitions. (a) For the purposes of this section, the terms defined in this
2.17subdivision have the meanings given them.
2.18 (b) "Livestock" means beef cattle, dairy cattle, swine, poultry, goats, mules, farmed
2.19cervidae, ratitae, bison, sheep, horses, and llamas.
2.20 (c) "Qualifying expenditures" means the amount spent for:
2.21 (1) the acquisition, construction, or improvement of buildings or facilities for the
2.22production of livestock or livestock products;
2.23 (2) the development of pasture for use by livestock including, but not limited to, the
2.24acquisition, development, or improvement of:
2.25 (i) lanes used by livestock that connect pastures to a central location;
2.26 (ii) watering systems for livestock on pasture including water lines and booster
2.27pumps well installations;
2.28 (iii) livestock stream crossing stabilization; and
2.29 (iv) fences; or
2.30 (3) the acquisition of equipment for livestock housing, confinement, feeding, and
2.31waste management including, but not limited to, the following:
2.32 (i) freestall barns;
2.33 (ii) watering facilities;
2.34 (iii) feed storage and handling equipment;
2.35 (iv) milking parlors;
2.36 (v) robotic equipment;
2.37 (vi) scales;
3.1 (vii) milk storage and cooling facilities;
3.2 (viii) bulk tanks;
3.3 (ix) computer hardware and software and associated equipment used to monitor
3.4the productivity and feeding of livestock;
3.5 (x) manure pumping and storage facilities;
3.6 (xi) swine farrowing facilities;
3.7 (xii) swine and cattle finishing barns;
3.8 (xiii) calving facilities;
3.9 (xiv) digesters;
3.10 (xv) equipment used to produce energy;
3.11 (xvi) on-farm processing facilities equipment;
3.12 (xvii) fences; and
3.13 (xviii) livestock pens and corrals and sorting, restraining, and loading chutes.
3.14 Except for qualifying pasture development expenditures under clause (2), qualifying
3.15expenditures only include amounts that are allowed to be capitalized and deducted under
3.16either section 167 or 179 of the Internal Revenue Code in computing federal taxable
3.17income. Qualifying expenditures do not include an amount paid to refinance existing debt.
3.18 (d) "Qualifying period" means, for a grant awarded during a fiscal year, that full
3.19calendar year of which the first six months precede the first day of the current fiscal year.
3.20For example, an eligible person who makes qualifying expenditures during calendar
3.21year 2008 is eligible to receive a livestock investment grant between July 1, 2008, and
3.22June 30, 2009.
3.23 Subd. 3. Eligibility. (a) To be eligible for a livestock investment grant, a person
3.25 (1) be a resident of Minnesota or an entity specifically defined in section 500.24,
3.26subdivision 2, that is eligible to own farmland and operate a farm in this state under
3.28 (2) be the principal operator of the farm;
3.29 (3) hold a feedlot registration, if required; and
3.30 (4) apply to the commissioner on forms prescribed by the commissioner including a
3.31statement of the qualifying expenditures made during the qualifying period along with any
3.32proof or other documentation the commissioner may require.
3.33 (b) The $50,000 maximum grant applies at the entity level for partnerships, S
3.34corporations, C corporations, trusts, and estates as well as at the individual level. In the
3.35case of married individuals, the grant is limited to $50,000 for a married couple.
4.1 Subd. 4. Process. The commissioner, in consultation with the chairs and ranking
4.2minority members of the house and senate committees with jurisdiction over agriculture
4.3finance, shall develop competitive eligibility criteria and may allocate grants on a needs
4.4basis. The commissioner shall certify eligible applications up to the amount appropriated
4.5for a fiscal year. The commissioner must place any additional eligible applications on a
4.6waiting list and, notwithstanding subdivision 2, paragraph (c), give them priority during
4.7the next fiscal year. The commissioner shall notify in writing any applicant who applies for
4.8a grant and is ineligible under the provisions of this section as well as any applicant whose
4.9application is received or reviewed after the fiscal year funding limit has been reached.
4.10 Sec. 2. Minnesota Statutes 2007 Supplement, section 18B.065, subdivision 1, is
4.11amended to read:
4.12 Subdivision 1. Collection and disposal. The commissioner of agriculture shall
4.13establish and operate a program to collect and dispose of waste pesticides. The program
4.14must be made available to
4.15whose waste generating activity occurs in this state.
4.16EFFECTIVE DATE.This section is effective July 1, 2008, and applies to all
4.17cooperative agreements entered into by the commissioner of agriculture and local units of
4.18government for waste pesticide collection and disposal after that date.
4.19 Sec. 3. Minnesota Statutes 2006, section 18B.065, subdivision 2, is amended to read:
4.20 Subd. 2. Implementation. (a) The commissioner may obtain a United States
4.21Environmental Protection Agency hazardous waste identification number to manage the
4.22waste pesticides collected.
4.23 (b) The commissioner may not limit the type and quantity of waste pesticides
4.24accepted for collection and may not assess pesticide end users for portions of the costs
4.26 Sec. 4. Minnesota Statutes 2007 Supplement, section 18B.065, subdivision 2a, is
4.27amended to read:
4.28 Subd. 2a. Disposal site requirement. (a) For agricultural waste pesticides, the
4.29commissioner must designate a place in each county of the state that is available at least
4.32responsible for solid waste management and disposal in each county to determine an
4.33appropriate location and to advertise each collection event.
5.1 (b) For residential waste pesticides, the commissioner must provide periodic
5.2disposal opportunities each year in each county. As provided under subdivision 7, the
5.3commissioner may enter into agreements with county or regional solid waste management
5.4entities to provide these collections and shall provide these entities with funding for
5.5reasonable costs incurred including, but not limited to, related supplies, transportation,
5.6advertising, and disposal costs as well as reasonable overhead costs.
5.7 (c) A person who collects waste pesticide under paragraph (a) or (b) shall record
5.8information on each waste pesticide product collected including, but not limited to,
5.9the product name, active ingredient or ingredients, quantity, and the United States
5.10Environmental Protection Agency registration number, on a form provided by the
5.11commissioner. The person must submit this information to the commissioner at least
5.13EFFECTIVE DATE.This section is effective July 1, 2008, and applies to all
5.14cooperative agreements entered into by the commissioner of agriculture and local units of
5.15government for waste pesticide collection and disposal after that date.
5.16 Sec. 5. Minnesota Statutes 2006, section 18B.065, subdivision 7, is amended to read:
5.17 Subd. 7. Cooperative agreements. The commissioner may enter into cooperative
5.18agreements with state agencies and local units of government for administration of the
5.19waste pesticide collection program. The commissioner shall ensure that the program is
5.20carried out in all counties. If the commissioner cannot contract with another party to
5.21administer the program in a county, the commissioner shall perform collections according
5.22to the provisions of this section.
5.23 Sec. 6. Minnesota Statutes 2006, section 18B.07, subdivision 2, is amended to read:
5.24 Subd. 2. Prohibited pesticide use. (a) A person may not use, store, handle,
5.25distribute, or dispose of a pesticide, rinsate, pesticide container, or pesticide application
5.26equipment in a manner:
5.27 (1) that is inconsistent with a label or labeling as defined by FIFRA;
5.28 (2) that endangers humans, damages agricultural products, food, livestock, fish,
5.29or wildlife; or
5.30 (3) that will cause unreasonable adverse effects on the environment.
5.31 (b) A person may not direct a pesticide onto property beyond the boundaries of the
5.32target site. A person may not apply a pesticide resulting in damage to adjacent property.
5.33 (c) A person may not directly apply a pesticide on a human by overspray or target
5.34site spray, except when:
6.1 (1) the pesticide is intended for use on a human;
6.2 (2) the pesticide application is for mosquito control operations;
6.3 (3) the pesticide application is for control of gypsy moth, forest tent caterpillar,
6.4or other pest species, as determined by the commissioner, and the pesticide used is a
6.5biological agent; or
6.6 (4) the pesticide application is for a public health risk, as determined by the
6.7commissioner of health, and the commissioner of health, in consultation with the
6.8commissioner of agriculture, determines that the application is warranted based on
6.9the commissioner's balancing of the public health risk with the risk that the pesticide
6.10application poses to the health of the general population, with special attention to the
6.11health of children.
6.12 (d) For pesticide applications under paragraph (c), clause (2), the following
6.14 (1) no practicable and effective alternative method of control exists;
6.15 (2) the pesticide is among the least toxic available for control of the target pest; and
6.16 (3) notification to residents in the area to be treated is provided at least 24 hours
6.17before application through direct notification, posting daily on the treating organization's
6.18Web site, if any, and by sending a broadcast e-mail to those persons who request
6.19notification of such, of those areas to be treated by adult mosquito control techniques
6.20during the next calendar day. For control operations related to human disease, notice under
6.21this paragraph may be given less than 24 hours in advance.
6.22 (e) For pesticide applications under paragraph (c), clauses (3) and (4), the following
6.24 (1) no practicable and effective alternative method of control exists;
6.25 (2) the pesticide is among the least toxic available for control of the target pest; and
6.26 (3) notification of residents in the area to be treated is provided by direct notification
6.27and through publication in a newspaper of general circulation within the affected area.
6.28 (f) For purposes of this subdivision, "direct notification" may include mailings,
6.29public meetings, posted placards, neighborhood newsletters, or other means of contact
6.30designed to reach as many residents as possible. Public meetings held to meet this
6.31requirement for adult mosquito control, under paragraph (d), must be held within each
6.32city or town where the pesticide treatments are to be made, at a time and location that is
6.33convenient for residents of the area where the treatments will occur.
6.34 (g) A person may not apply a pesticide in a manner so as to expose a worker in an
6.35immediately adjacent, open field.
7.1 (h) Notwithstanding that the application is done in a manner consistent with the
7.2label or labeling, it is a violation of this chapter to directly apply a pesticide to a site where
7.3an application has not been: (1) requested, ordered, contracted for, or permitted; or (2)
7.4performed pursuant to paragraph (c), clause (2), (3), or (4).
7.5 Sec. 7. Minnesota Statutes 2007 Supplement, section 18B.26, subdivision 3, is
7.6amended to read:
7.7 Subd. 3. Application fee. (a) A registrant shall pay an annual application fee for
7.8each pesticide to be registered, and this fee is set at 0.4 percent of annual gross sales
7.9within the state and annual gross sales of pesticides used in the state, with a minimum
7.10nonrefundable fee of $250. The registrant shall determine when and which pesticides
7.11are sold or used in this state. The registrant shall secure sufficient sales information of
7.12pesticides distributed into this state from distributors and dealers, regardless of distributor
7.13location, to make a determination. Sales of pesticides in this state and sales of pesticides
7.14for use in this state by out-of-state distributors are not exempt and must be included in the
7.15registrant's annual report, as required under paragraph (c), and fees shall be paid by the
7.16registrant based upon those reported sales. Sales of pesticides in the state for use outside
7.17of the state are exempt from the application fee in this paragraph if the registrant properly
7.18documents the sale location and distributors. A registrant paying more than the minimum
7.19fee shall pay the balance due by March 1 based on the gross sales of the pesticide by the
7.20registrant for the preceding calendar year. The fee for disinfectants and sanitizers shall be
7.21the minimum. The minimum fee is due by December 31 preceding the year for which
7.22the application for registration is made.
7.25fiscal year, the commissioner shall allocate from the pesticide regulatory account a sum
7.26sufficient to collect and dispose of waste pesticides under section 18B.065. However,
7.27notwithstanding section 18B.065, if the commissioner determines that the balance in the
7.28pesticide regulatory account at the end of the fiscal year will be less than $500,000, the
7.29commissioner may suspend waste pesticide collections or provide partial payment to a
7.30person for waste pesticide collection. The commissioner must notify as soon as possible
7.31and no later than August 1 a person under contract to collect waste pesticides of an
7.32anticipated suspension or payment reduction.
7.33 (b) An additional fee of $100 must be paid by the applicant for each pesticide to be
7.34registered if the application is a renewal application that is submitted after December 31.
8.1 (c) A registrant must annually report to the commissioner the amount and type of
8.2each registered pesticide sold, offered for sale, or otherwise distributed in the state. The
8.3report shall be filed by March 1 for the previous year's registration. The commissioner
8.4shall specify the form of the report and require additional information deemed necessary
8.5to determine the amount and type of pesticides annually distributed in the state. The
8.6information required shall include the brand name, amount, and formulation of each
8.7pesticide sold, offered for sale, or otherwise distributed in the state, but the information
8.8collected, if made public, shall be reported in a manner which does not identify a specific
8.9brand name in the report.
8.10 (d) A registrant who is required to pay more than the minimum fee for any pesticide
8.11under paragraph (a) must pay a late fee penalty of $100 for each pesticide application fee
8.12paid after March 1 in the year for which the license is to be issued.
8.13EFFECTIVE DATE.This section is effective July 1, 2008, and applies to all
8.14cooperative agreements entered into by the commissioner of agriculture and local units of
8.15government for waste pesticide collection and disposal after that date.
8.16 Sec. 8. Minnesota Statutes 2006, section 18D.305, subdivision 2, is amended to read:
8.17 Subd. 2. Revocation and suspension. (a) The commissioner may, after written
8.18notice and hearing, revoke, suspend, or refuse to grant or renew a registration, permit,
8.19license, or certification if a person violates a provision of this chapter or has a history
8.20within the last three years of violations of this chapter.
8.21 (b) The commissioner may refuse to accept an application for a registration, permit,
8.22license, or certification, and may revoke or suspend a previously issued registration,
8.23permit, license, or certification of a person from another state if that person has:
8.24 (1) had a registration, permit, license, or certification denied, revoked, or suspended
8.25by another state for an offense reasonably related to the requirements, qualifications, or
8.26duties of a registration, permit, license, or certification issued under chapter 18B or 18C; or
8.27 (2) been convicted of a violation, had a history of violations, or been subject to a
8.28final order imposing civil penalties authorized under the Federal Insecticide, Fungicide
8.29and Rodenticide Act (FIFRA), as amended.
8.30 Sec. 9. Minnesota Statutes 2006, section 18E.04, subdivision 2, is amended to read:
8.31 Subd. 2. Payment of corrective action costs. (a) On request by an eligible person,
8.32the board may pay the eligible person for the reasonable and necessary cash disbursements
8.33for corrective action costs incurred by the eligible person as provided under subdivision 4
8.34if the board determines:
9.1 (1) the eligible person pays the first $1,000 of the corrective action costs;
9.2 (2) the eligible person provides the board with a sworn affidavit and other convincing
9.3evidence that the eligible person is unable to pay additional corrective action costs;
9.4 (3) the eligible person continues to assume responsibility for carrying out the
9.5requirements of corrective action orders issued to the eligible person or that are in effect;
9.6 (4) the incident was reported as required in chapters 18B, 18C, and 18D; and
9.7 (5) the eligible person submits an application for payment or reimbursement to the
9.8department, along with associated invoices, within three years of (i)
9.10corrective action design or plan for that work, whichever is later.
9.14amounts paid or reimbursed by the board if false statements or misrepresentations are
9.15made in the affidavit or other evidence submitted to the commissioner to show an inability
9.16to pay corrective action costs.
9.19 Sec. 10. Minnesota Statutes 2006, section 28A.03, is amended by adding a subdivision
9.21 Subd. 10. Vending machine. "Vending machine" means a self-service device that,
9.22upon insertion of a coin, paper currency, token, card, or key, dispenses unit servings of
9.23food in bulk or in packages without the necessity of replenishing the device between
9.24each vending operation.
9.25 Sec. 11. Minnesota Statutes 2006, section 28A.05, is amended to read:
9.27 All persons required to have a license under section
9.28into one of the following classes of food handlers, according to their principal mode of
9.30 (a) Retail food handlers are persons who sell or process and sell food directly to the
9.31ultimate consumer or who custom process meat or poultry. The term includes a person
9.32who sells food directly to the ultimate consumer through the use of
9.33machines, and a person who sells food for consumption on-site or off-site if the sale is
9.34conducted on the premises that are part of a grocery or convenience store operation.
10.1 (b) Wholesale food handlers are persons who sell to others for resale. A person who
10.2handles food in job lots (jobbers) is included in this classification.
10.3 (c) Wholesale food processors or manufacturers are persons who process or
10.4manufacture raw materials and other food ingredients into food items, or who reprocess
10.5food items, or who package food for sale to others for resale, or who commercially
10.6slaughter animals or poultry. Included herein are persons who can, extract, ferment,
10.7distill, pickle, bake, freeze, dry, smoke, grind, mix, stuff, pack, bottle, recondition, or
10.8otherwise treat or preserve food for sale to others for resale, cold storage warehouse
10.9operators as defined in section
10.11nonresident manufacturers of frozen foods as described in section
10.12 (d) A food broker is a person who buys and sells food and who negotiates between
10.13a buyer and a seller of food, but who at no time has custody of the food being bought
10.15 Sec. 12. Minnesota Statutes 2006, section 28A.08, is amended to read:
10.1628A.08 LICENSE FEES; PENALTIES.
10.17 Subdivision 1. General. License fees, penalties for late renewal of licenses, and
10.18penalties for not obtaining a license before conducting business in food handling that are
10.19set in this section apply to the sections named except as provided under section
10.20Except as specified herein, bonds and assessments based on number of units operated or
10.21volume handled or processed which are provided for in said laws shall not be affected,
10.22nor shall any penalties for late payment of said assessments, nor shall inspection fees, be
10.23affected by this chapter. The penalties may be waived by the commissioner. Fees for all
10.24new licenses must be based on the anticipated future gross annual food sales. If a firm is
10.25found to be operating for multiple years without paying license fees, the state may collect
10.26the appropriate fees and penalties for each year of operation.
10.27 Subd. 3. Fees effective July 1, 2003.
13.48 Sec. 13. Minnesota Statutes 2006, section 28A.082, is amended by adding a
13.49subdivision to read:
14.1 Subd. 3. Disaster areas. If the governor declares a disaster in an area of the
14.2state, the commissioner of agriculture may waive the plan review fee and direct agency
14.3personnel to expedite the plan review process.
14.4 Sec. 14. Minnesota Statutes 2006, section 28A.09, subdivision 1, is amended to read:
14.5 Subdivision 1. Annual fee; exceptions. Every
14.6is subject to an annual state inspection fee of $25 for each nonexempt machine except
14.7nut vending machines which are subject to an annual state inspection fee of $10 for each
14.8machine, provided that:
14.9 (a) Food vending machines may be inspected by either a home rule charter or
14.10statutory city, or a county, but not both, and if inspected by a home rule charter or statutory
14.11city, or a county they shall not be subject to the state inspection fee, but the home rule
14.12charter or statutory city, or the county may impose an inspection or license fee of no more
14.13than the state inspection fee. A home rule charter or statutory city or county that does
14.14not inspect food vending machines shall not impose a food vending machine inspection
14.15or license fee.
14.16 (b) Vending machines dispensing only gum balls, hard candy, unsorted candy, or ice
14.17manufactured and packaged by another
14.18by a cashier, are exempt from the state inspection fee, but may be inspected by the state. A
14.19home rule charter or statutory city may impose by ordinance an inspection or license fee
14.20of no more than the state inspection fee for nonexempt machines on the vending machines
14.21and water dispensing machines described in this paragraph. A county may impose
14.22by ordinance an inspection or license fee of no more than the state inspection fee for
14.23nonexempt machines on the vending machines and water dispensing machines described
14.24in this paragraph which are not located in a home rule charter or statutory city.
14.25 (c) Vending machines dispensing only bottled or canned soft drinks are exempt from
14.26the state, home rule charter or statutory city, and county inspection fees, but may be
14.27inspected by the commissioner or the commissioner's designee.
14.28 Sec. 15. Minnesota Statutes 2006, section 29.23, is amended to read:
14.30 Subdivision 1. Grades, weight classes and standards for quality. All eggs
14.31purchased on the basis of grade by the first licensed buyer shall be graded in accordance
14.32with grade and weight classes established by the commissioner. The commissioner shall
14.33establish, by rule, and from time to time, may amend or revise, grades, weight classes,
14.34and standards for quality. When grades, weight classes, and standards for quality have
15.1been fixed by the secretary of the Department of Agriculture of the United States, they
15.3eggs in interstate and intrastate commerce.
15.4 Subd. 2. Equipment. The commissioner shall also by rule provide for minimum
15.5plant and equipment requirements for candling, grading, handling and storing eggs, and
15.6shall define candling. Equipment in use by a wholesale food handler before July 1, 1991,
15.7that does not meet the design and fabrication requirements of this chapter may remain in
15.8use if it is in good repair, capable of being maintained in a sanitary condition, and capable
15.9of maintaining a temperature of 45 degrees Fahrenheit (7 degrees Celsius) or less.
15.10 Subd. 3. Egg temperature. Eggs must be held at a temperature not to exceed 45
15.11degrees Fahrenheit (7 degrees Celsius) after being received by the egg handler except for
15.12cleaning, sanitizing, grading, and further processing when they must immediately be
15.13placed under refrigeration that is maintained at 45 degrees Fahrenheit (7 degrees Celsius)
15.14or below. Eggs offered for
15.15not to exceed
15.16August 1, 1991, is not subject to this requirement. Shell eggs that have been frozen must
15.17not be offered for sale except as approved by the commissioner.
15.18 Subd. 4. Vehicle temperature. A vehicle used
15.19shell eggs from a warehouse, retail store, candling and grading facility, or egg holding
15.20facility must have an ambient air temperature of 45 degrees Fahrenheit (7 degrees Celsius)
15.22 Sec. 16. Minnesota Statutes 2006, section 31.05, is amended to read:
15.2331.05 EMBARGOES AND CONDEMNATIONS.
15.24 Subdivision 1. Definitions. As used in this section, "animals" means cattle; swine;
15.25sheep; goats; poultry; farmed cervidae, as defined in section 35.153, subdivision 3;
15.26llamas, as defined in section 17.455, subdivision 2; ratitae, as defined in section 17.453,
15.27subdivision 3; equines; and other large domesticated animals.
15.28 Subd. 1a. Tag or notice. A duly authorized agent of the commissioner who finds or
15.29has probable cause to believe that any food, animal, or consumer commodity is adulterated
15.30or so misbranded as to be dangerous or fraudulent, or is in violation of section
15.31shall affix to such article or animal a tag or other appropriate marking giving notice that
15.32such article or animal is, or is suspected of being, adulterated or misbranded and has
15.33been detained or embargoed, and warning all persons not to remove or dispose of such
15.34article or animal by sale or otherwise until permission for removal or disposal is given by
16.1such agent or the court. It shall be unlawful for any person to remove or dispose of such
16.2detained or embargoed article or animal by sale or otherwise without such permission.
16.3 Subd. 2. Action for condemnation. When an article or animal detained or
16.4embargoed under subdivision 1 has been found by such agent to be adulterated, or
16.5misbranded, the agent shall petition the district court in the county in which the article or
16.6animal is detained or embargoed for an order and decree for the condemnation of such
16.7article or animal. Any such agent who has found that an article or animal so detained or
16.8embargoed is not adulterated or misbranded, shall remove the tag or other marking.
16.9 Subd. 3. Remedies. If the court finds that a detained or embargoed article or animal
16.10is adulterated or misbranded, such article or animal shall, after entry of the decree, be
16.11destroyed at the expense of the claimant thereof, under the supervision of such agent, and
16.12all court costs and fees, and storage and other proper expenses, shall be taxed against
16.13the claimant of such article or animal or the claimant's agent; provided, that when the
16.14adulteration or misbranding can be corrected by proper labeling or processing of the article
16.15or animal, the court, after entry of the decree and after such costs, fees, and expenses have
16.16been paid and a good and sufficient bond, conditioned that such article or animal shall be
16.17so labeled or processed, has been executed, may by order direct that such article or animal
16.18be delivered to claimant thereof for such labeling or processing under the supervision of
16.19an agent of the commissioner. The expense of such supervision shall be paid by claimant.
16.20The article or animal shall be returned to the claimant and the bond shall be discharged on
16.21the representation to the court by the commissioner that the article or animal is no longer
16.22in violation and that the expenses of such supervision have been paid.
16.23 Subd. 4. Duties of commissioner. Whenever the commissioner or any of the
16.24commissioner's authorized agents shall find in any room, building, vehicle of transportation
16.25or other structure, any meat, seafood, poultry, vegetable, fruit, or other perishable articles
16.26of food which are unsound, or contain any filthy, decomposed, or putrid substance, or that
16.27may be poisonous or deleterious to health or otherwise unsafe, the same being hereby
16.28declared to be a nuisance, the commissioner, or the commissioner's authorized agent, shall
16.29forthwith condemn or destroy the same, or in any other manner render the same unsalable
16.30as human food, and no one shall have any cause of action against the commissioner or the
16.31commissioner's authorized agent on account of such action.
16.32 Subd. 5. Emergency response. In the event of an emergency declared by the
16.33governor's order under section
16.35to be adulterated because of the emergency or so misbranded as to be dangerous or
16.36fraudulent, or is in violation of section
17.1embargo a geographic area that is included in the declared emergency. The commissioner
17.2shall provide notice to the public and to those with custody of the product in as thorough a
17.3manner as is practical under the emergency circumstances.
17.4 Sec. 17. Minnesota Statutes 2006, section 31.171, is amended to read:
17.531.171 EMPLOYMENT OF DISEASED PERSON.
17.6 It shall be unlawful for any person to work in or about any place where any fruit
17.7or any food products are manufactured, packed, stored, deposited, collected, prepared,
17.8produced or sold, whose condition is such that disease may be spread to associates direct,
17.9or through the medium of milk, cream, butter, other food or food products, likely to be
17.10eaten without being cooked after handling, whether such condition be due to a contagious
17.12disease germs, whether accompanied by, or without, any symptoms of the disease itself.
17.13 It shall be the duty of the commissioner, or the commissioner's assistant, inspector, or
17.14agent, to report to the state commissioner of health for investigation, any person suspected
17.15to be dangerous to the public health, as provided for in this section, and immediately to
17.16exclude such person from such employment pending investigation and during the period
17.17of infectiousness, if such person is certified by the state commissioner of health, or an
17.18authorized agent, to be dangerous to the public health.
17.19 Sec. 18. Minnesota Statutes 2007 Supplement, section 31.175, is amended to read:
17.2031.175 WATER, PLUMBING, AND SEWAGE.
17.21 A person who is required by statutes administered by the Department of Agriculture,
17.22or by rules adopted pursuant to those statutes, to provide a suitable water supply,
17.23or plumbing or sewage disposal system
17.24manufacturing, processing, selling, handling, or storing food at wholesale or retail
17.25unless the person's water supply is satisfactory
17.26adopted by the Department of Health, the person's plumbing is satisfactory pursuant to
17.27rules adopted by the Department of Labor and Industry, and the person's sewage disposal
17.28system satisfies the rules of the Pollution Control Agency.
17.29 Sec. 19. [32.416] SOMATIC CELL COUNT, GOAT MILK.
17.30 Notwithstanding any federal standard incorporated by reference in this chapter, the
17.31maximum allowable somatic cell count for raw goat milk is 1,500,000 cells per milliliter.
17.32 Sec. 20. Minnesota Statutes 2006, section 41A.09, subdivision 3a, is amended to read:
18.1 Subd. 3a. Ethanol producer payments. (a) The commissioner shall make cash
18.2payments to producers of ethanol located in the state that have begun production at a
18.3specific location by June 30, 2000. For the purpose of this subdivision, an entity that holds
18.4a controlling interest in more than one ethanol plant is considered a single producer.
18.5The amount of the payment for each producer's annual production, except as provided
18.6in paragraph (c), is 20 cents per gallon for each gallon of ethanol produced at a specific
18.7location on or before June 30, 2000, or ten years after the start of production, whichever is
18.8later. Annually, within 90 days of the end of its fiscal year, an ethanol producer receiving
18.9payments under this subdivision must file a disclosure statement on a form provided by
18.10the commissioner. The initial disclosure statement must include a summary description
18.11of the organization of the business structure of the claimant, a listing of the percentages
18.12of ownership by any person or other entity with an ownership interest of five percent or
18.13greater, and a copy of its annual audited financial statements, including the auditor's report
18.14and footnotes. The disclosure statement must include information demonstrating what
18.15percentage of the entity receiving payments under this section is owned by farmers or
18.16other entities eligible to farm or own agricultural land in Minnesota under the provisions
18.18ownership of ten percent or more of the entity. The report need not disclose the identity of
18.19the persons or entities eligible to farm or own agricultural land with ownership interests,
18.20individuals residing within 30 miles of the plant, or of any other entity with less than
18.21ten percent ownership interest, but the claimant must retain information within its files
18.22confirming the accuracy of the data provided. This data must be made available to the
18.23commissioner upon request. Not later than the 15th day of February in each year the
18.24commissioner shall deliver to the chairs of the standing committees of the senate and the
18.25house of representatives that deal with agricultural policy and agricultural finance issues
18.26an annual report summarizing aggregated data from plants receiving payments under this
18.27section during the preceding calendar year. Audited financial statements and notes and
18.28disclosure statements submitted to the commissioner are nonpublic data under section
18.30data, summaries of the submitted audited financial reports and notes and disclosure
18.31statements will be contained in the report to the committee chairs and will be public data.
18.32 (b) No payments shall be made for ethanol production that occurs after June 30,
18.332010. A producer of ethanol shall not transfer the producer's eligibility for payments
18.34under this section to an ethanol plant at a different location.
18.35 (c) If the level of production at an ethanol plant increases due to an increase in the
18.36production capacity of the plant, the payment under paragraph (a) applies to the additional
19.1increment of production until ten years after the increased production began. Once a
19.2plant's production capacity reaches 15,000,000 gallons per year, no additional increment
19.3will qualify for the payment.
19.4 (d) Total payments under paragraphs (a) and (c) to a producer in a fiscal year may
19.5not exceed $3,000,000.
19.6 (e) By the last day of October, January, April, and July, each producer shall file a
19.7claim for payment for ethanol production during the preceding three calendar months.
19.8A producer that files a claim under this subdivision shall include a statement of the
19.9producer's total ethanol production in Minnesota during the quarter covered by the claim.
19.10For each claim and statement of total ethanol production filed under this subdivision,
19.11the volume of ethanol production must be examined by an independent certified public
19.12accountant in accordance with standards established by the American Institute of Certified
19.14 (f) Payments shall be made November 15, February 15, May 15, and August 15. A
19.15separate payment shall be made for each claim filed. Except as provided in paragraph (g),
19.16the total quarterly payment to a producer under this paragraph may not exceed $750,000.
19.17 (g) Notwithstanding the quarterly payment limits of paragraph (f), the commissioner
19.18shall make an additional payment in the fourth quarter of each fiscal year to ethanol
19.19producers for the lesser of: (1) 20 cents per gallon of production in the fourth quarter of the
19.20year that is greater than 3,750,000 gallons; or (2) the total amount of payments lost during
19.21the first three quarters of the fiscal year due to plant outages, repair, or major maintenance.
19.22Total payments to an ethanol producer in a fiscal year, including any payment under this
19.23paragraph, must not exceed the total amount the producer is eligible to receive based on
19.24the producer's approved production capacity. The provisions of this paragraph apply only
19.25to production losses that occur in quarters beginning after December 31, 1999.
19.26 (h) The commissioner shall reimburse ethanol producers for any deficiency in
19.27payments during earlier quarters if the deficiency occurred because of unallotment or
19.28because appropriated money was insufficient to make timely payments in the full amount
19.29provided in paragraph (a). Notwithstanding the quarterly or annual payment limitations in
19.30this subdivision, the commissioner shall begin making payments for earlier deficiencies in
19.31each fiscal year that appropriations for ethanol payments exceed the amount required to
19.32make eligible scheduled payments. Payments for earlier deficiencies must continue until
19.33the deficiencies for each producer are paid in full, except the commissioner shall not make
19.34a deficiency payment to an entity that no longer produces ethanol on a commercial scale
19.35at the location for which the entity qualified for producer payments, or to an assignee of
20.1 (i) The commissioner may make direct payments to producers of rural economic
20.2infrastructure with any amount of the annual appropriation for ethanol producer payments
20.3and rural economic infrastructure that is in excess of the amount required to make
20.4scheduled ethanol producer payments and deficiency payments under paragraphs (a) to (h).
20.5 Sec. 21. Minnesota Statutes 2007 Supplement, section 41A.105, is amended to read:
20.641A.105 NEXTGEN ENERGY.
20.7 Subdivision 1. Purpose. It is the goal of the state through the Department of
20.8Agriculture to research and develop energy sources to displace fossil fuels with renewable
20.10 Subd. 2. NextGen Energy Board. There is created a NextGen Energy Board
20.11consisting of the commissioners of agriculture, commerce, natural resources, the Pollution
20.12Control Agency, and employment and economic development; the chairs of the house and
20.13senate committees with jurisdiction over energy finance; the chairs of the house and senate
20.14committees with jurisdiction over agriculture finance; one member of the second largest
20.15political party in the house, as appointed by the chairs of the house committees with
20.16jurisdiction over agriculture finance and energy finance; one member of the second largest
20.17political party in the senate, as appointed by the chairs of the senate committees with
20.18jurisdiction over agriculture finance and energy finance; and the executive director of the
20.19Agricultural Utilization Research Institute. In addition, the governor shall appoint
20.20eight members: two representing statewide agriculture organizations; two representing
20.21statewide environment and natural resource conservation organizations; one representing
20.22the University of Minnesota; one representing the Minnesota Institute for Sustainable
20.24and one representing the forest products industry.
20.25 Subd. 3. Duties. The board shall research and report to the commissioner of
20.26agriculture and to the legislature recommendations as to how the state can invest its
20.27resources to most efficiently achieve energy independence, agricultural and natural
20.28resources sustainability, and rural economic vitality. The board shall:
20.29 (1) examine the future of fuels, such as synthetic gases, biobutanol, hydrogen,
20.30methanol, biodiesel, and ethanol within Minnesota;
20.31 (2) develop equity grant programs to assist locally owned facilities;
20.32 (3) study the proper role of the state in creating financing and investing and
20.34 (4) evaluate how state and federal programs, including the Farm Bill, can best work
20.35together and leverage resources;
21.1 (5) work with other entities and committees to develop a clean energy program; and
21.2 (6) report to the legislature before February 1 each year with recommendations as
21.3to appropriations and results of past actions and projects.
21.4 Subd. 4. Commissioner's duties. The commissioner of agriculture shall administer
21.6 Subd. 5. Expiration. This section expires June 30,
21.7 Sec. 22. Minnesota Statutes 2006, section 41D.01, subdivision 4, is amended to read:
21.8 Subd. 4. Expiration. This section expires on June 30,
21.9EFFECTIVE DATE.This section is effective the day following final enactment.
21.10 Sec. 23. Minnesota Statutes 2006, section 97A.028, subdivision 3, is amended to read:
21.11 Subd. 3. Emergency deterrent materials assistance. (a) For the purposes of this
21.12subdivision, "cooperative damage management agreement" means an agreement between
21.13a landowner or tenant and the commissioner that establishes a program for addressing the
21.14problem of destruction of the landowner's or tenant's specialty crops or stored forage crops
21.15by wild animals, or destruction of agricultural crops by flightless Canada geese.
21.16 (b) A landowner or tenant may apply to the commissioner for emergency deterrent
21.17materials assistance in controlling destruction of the landowner's or tenant's specialty
21.18crops or stored forage crops by wild animals, or destruction of agricultural crops by
21.19flightless Canada geese. Subject to the availability of money appropriated for this purpose,
21.20the commissioner shall provide suitable deterrent materials when the commissioner
21.22 (1) immediate action is necessary to prevent significant damage from continuing
21.24 (2) a cooperative damage management agreement cannot be implemented
21.26 (c) A person may receive emergency deterrent materials assistance under this
21.27subdivision more than once, but the cumulative total value of deterrent materials provided
21.28to a person, or for use on a parcel, may not exceed $3,000 for specialty crops,
21.32flightless Canada geese. If a person is a co-owner or cotenant with respect to the specialty
21.33crops for which the deterrent materials are provided, the deterrent materials are deemed to
21.34be "provided" to the person for the purposes of this paragraph.
22.1 (d) As a condition of receiving emergency deterrent materials assistance under this
22.2subdivision, a landowner or tenant shall enter into a cooperative damage management
22.3agreement with the commissioner. Deterrent materials provided by the commissioner may
22.4include repellents, fencing materials, or other materials recommended in the agreement
22.5to alleviate the damage problem. If requested by a landowner or tenant, any fencing
22.6materials provided must be capable of providing long-term protection of specialty crops.
22.7A landowner or tenant who receives emergency deterrent materials assistance under
22.8this subdivision shall comply with the terms of the cooperative damage management
22.10 Sec. 24. Minnesota Statutes 2006, section 148.01, subdivision 1, is amended to read:
22.11 Subdivision 1. Definitions. For the purposes of sections
22.12 (1) "chiropractic" is defined as the science of adjusting any abnormal articulations of
22.13the human body, especially those of the spinal column, for the purpose of giving freedom
22.14of action to impinged nerves that may cause pain or deranged function; and
22.15 (2) "animal chiropractic diagnosis and treatment" means treatment that includes
22.16identifying and resolving vertebral subluxation complexes, spinal manipulation, and
22.17manipulation of the extremity articulations of nonhuman vertebrates. Animal chiropractic
22.18diagnosis and treatment does not include:
22.19 (i) performing surgery;
22.20 (ii) dispensing or administering of medications; or
22.21 (iii) performing traditional veterinary care and diagnosis.
22.22EFFECTIVE DATE.This section is effective the day following final enactment.
22.23 Sec. 25. Minnesota Statutes 2006, section 148.01, is amended by adding a subdivision
22.25 Subd. 1a. Animal chiropractic practice. A licensed chiropractor may engage in
22.26the practice of animal chiropractic diagnosis and treatment if registered to do so by the
22.27board, and the animal has been referred to the chiropractor by a veterinarian.
22.28EFFECTIVE DATE.This section is effective the day following final enactment.
22.29 Sec. 26. Minnesota Statutes 2006, section 148.01, is amended by adding a subdivision
22.31 Subd. 1b. Scope of practice; animal chiropractic. Criteria for registration
22.32to engage in the practice of animal chiropractic diagnosis and treatment must be set
23.1by the board, and must include, but are not limited to: active chiropractic license;
23.2education and training in the field of animal chiropractic from an American Veterinary
23.3Chiropractic Association, International Veterinary Chiropractic Association, or higher
23.4institution-approved course consisting of no less than 210 hours, meeting continuing
23.5education requirements; and other conditions and rules set by the board. The board
23.6shall consult with the State Board of Veterinary Medicine in preparing proposed rules
23.7on animal chiropractic.
23.8EFFECTIVE DATE.This section is effective the day following final enactment.
23.9 Sec. 27. Minnesota Statutes 2006, section 148.01, is amended by adding a subdivision
23.11 Subd. 1c. Titles. Notwithstanding the limitations established in section 156.12,
23.12subdivision 4, a doctor of chiropractic properly registered to provide chiropractic care to
23.13animals in accordance with this chapter and rules of the board may use the title "animal
23.15EFFECTIVE DATE.This section is effective the day following final enactment.
23.16 Sec. 28. Minnesota Statutes 2006, section 148.01, is amended by adding a subdivision
23.18 Subd. 1d. Provisional interim statute. Upon approval by the board, a licensed
23.19chiropractor who has already taken and passed the education and training requirement
23.20set forth in subdivision 1b may engage in the practice of animal chiropractic during the
23.21time that the rules are being promulgated by the board. Enforcement actions may not
23.22be taken against persons who have completed the approved program of study by the
23.23American Veterinary Chiropractic Association or the International Veterinary Chiropractic
23.24Association until the rules have been adopted by the board.
23.25EFFECTIVE DATE.This section is effective the day following final enactment.
23.26 Sec. 29. [148.032] EDUCATIONAL CRITERIA FOR LICENSURE IN ANIMAL
23.27CHIROPRACTIC DIAGNOSIS AND TREATMENT; RECORDS; TREATMENT
23.29 (a) The following educational criteria must be applied to any licensed chiropractor
23.30who requests registration in animal chiropractic diagnosis and treatment. The criteria must
23.31include education and training in the following subjects:
23.32 (1) anatomy;
24.1 (2) anatomy laboratory;
24.2 (3) biomechanics and gait;
24.3 (4) chiropractic educational basics;
24.4 (5) animal chiropractic diversified adjusting technique, including:
24.5 (i) lecture cervical;
24.6 (ii) thoracic;
24.7 (iii) lumbosacral;
24.8 (iv) pelvic; and
24.9 (v) extremity;
24.10 (6) animal chiropractic diversified adjusting technique, including:
24.11 (i) laboratory cervical;
24.12 (ii) thoracic;
24.13 (iii) lumbosacral;
24.14 (iv) pelvic; and
24.15 (v) extremity;
24.16 (7) case management and case studies;
24.17 (8) chiropractic philosophy;
24.18 (9) ethics and legalities;
24.19 (10) neurology, neuroanatomy, and neurological conditions;
24.20 (11) pathology;
24.21 (12) radiology;
24.22 (13) research in current chiropractic and veterinary topics;
24.23 (14) rehabilitation, current topics, evaluation, and assessment;
24.24 (15) normal foot anatomy and normal foot care;
24.25 (16) saddle fit and evaluation, lecture, and laboratory;
24.26 (17) veterinary educational basics;
24.27 (18) vertebral subluxation complex; and
24.28 (19) zoonotic diseases.
24.29 (b) A licensed chiropractor requesting registration in animal chiropractic diagnosis
24.30and treatment must have completed and passed a course of study from an American
24.31Veterinary Chiropractic Association, International Veterinary Chiropractic Association, or
24.32higher institution-approved program, consisting of no less than 210 hours of education
24.33and training as set forth in paragraph (a).
24.34 (c) A licensed chiropractor engaged in the practice of animal chiropractic diagnosis
24.35and treatment must maintain complete and accurate records and patient files in the
24.36chiropractor's office for at least three years.
25.1 (d) A licensed chiropractor engaged in the practice of animal chiropractic diagnosis
25.2and treatment must make treatment notes and records available to the patient's owner
25.3upon request and must communicate their findings and treatment plan with the referring
25.4veterinarian if requested by the patient's owner.
25.5 (e) A licensed chiropractor who treats both animal and human patients in the same
25.6facility must post a conspicuous sign in the reception area of that facility informing
25.7customers that nonhuman patients are treated on the premises.
25.8EFFECTIVE DATE.This section is effective the day following final enactment.
25.9 Sec. 30. [148.033] ANIMAL CHIROPRACTIC CONTINUING EDUCATION
25.11 Any chiropractor engaged in the practice of animal chiropractic diagnosis and
25.12treatment applying for renewal of a registration related to animal chiropractic diagnosis
25.13and treatment must have completed a minimum of six hours annually of continuing
25.14education in animal chiropractic diagnosis and treatment, in addition to the required 20
25.15hours annually of continuing education in human chiropractic under this chapter. The
25.16continuing education course attended for purposes of complying with this section must be
25.17approved by the board prior to attendance by the chiropractor.
25.18EFFECTIVE DATE.This section is effective the day following final enactment.
25.19 Sec. 31. [148.035] SEPARATE TREATMENT ROOM REQUIRED.
25.20 A licensed chiropractor who provides animal chiropractic treatment in the same
25.21facility where human patients are treated, shall maintain a separate noncarpeted room for
25.22the purpose of adjusting animals. The table and equipment used for animals shall not be
25.23used for human patients.
25.24EFFECTIVE DATE.This section is effective the day following final enactment.
25.25 Sec. 32. Minnesota Statutes 2006, section 156.001, is amended by adding a subdivision
25.27 Subd. 10a. Program for the Assessment of Veterinary Education Equivalence;
25.28PAVE certificate. A "Program for the Assessment of Veterinary Education Equivalence"
25.29or "PAVE" certificate is issued by the American Association of Veterinary State Boards,
25.30indicating that the holder has demonstrated knowledge and skill equivalent to that
25.31possessed by a graduate of an accredited or approved college of veterinary medicine.
26.1 Sec. 33. Minnesota Statutes 2006, section 156.02, subdivision 1, is amended to read:
26.2 Subdivision 1. License application. Application for a license to practice veterinary
26.3medicine in this state shall be made in writing to the Board of Veterinary Medicine upon a
26.4form furnished by the board, accompanied by satisfactory evidence that the applicant is at
26.5least 18 years of age, is of good moral character, and has one of the following:
26.6 (1) a diploma conferring the degree of doctor of veterinary medicine, or an
26.7equivalent degree, from an accredited or approved college of veterinary medicine;
26.8 (2) an ECFVG or PAVE certificate; or
26.9 (3) a certificate from the dean of an accredited or approved college of veterinary
26.10medicine stating that the applicant is a student in good standing expecting to be graduated
26.11at the completion of the current academic year of the college in which the applicant is
26.13 The application shall contain the information and material required by subdivision
26.142 and any other information that the board may, in its sound judgment, require. The
26.15application shall be filed with the board at least 60 days before the date of the examination.
26.16If the board deems it advisable, it may require that such application be verified by the
26.17oath of the applicant.
26.18 Sec. 34. Minnesota Statutes 2006, section 156.02, subdivision 2, is amended to read:
26.19 Subd. 2. Required with application. Every application shall contain the following
26.20information and material:
26.21 (1) the application fee set by the board in the form of a check or money order payable
26.22to the board, which fee is not returnable in the event permission to take the examination
26.23is denied for good cause;
26.24 (2) a copy of a diploma from an accredited or approved college of veterinary
26.25medicine or a certificate from the dean or secretary of an accredited or approved college of
26.26veterinary medicine showing the time spent in the school and the date when the applicant
26.27was duly and regularly graduated or will duly and regularly graduate or verification of
26.28ECFVG or PAVE certification;
26.29 (3) affidavits of at least two veterinarians and three adults who are not related to
26.30the applicant setting forth how long a time, when, and under what circumstances they
26.31have known the applicant, and any other facts as may be proper to enable the board to
26.32determine the qualifications of the applicant; and
26.33 (4) if the applicant has served in the armed forces, a copy of discharge papers.
27.1 Sec. 35. Minnesota Statutes 2006, section 156.04, is amended to read:
27.2156.04 BOARD TO ISSUE LICENSE.
27.3 The Board of Veterinary Medicine shall issue to every applicant who has successfully
27.4passed the required examination, who has received a diploma conferring the degree of
27.5doctor of veterinary medicine or an equivalent degree from an accredited or approved
27.6college of veterinary medicine or an ECFVG or PAVE certificate, and who shall have been
27.7adjudged to be duly qualified to practice veterinary medicine, a license to practice.
27.8 Sec. 36. Minnesota Statutes 2006, section 156.072, subdivision 2, is amended to read:
27.9 Subd. 2. Required with application. Such doctor of veterinary medicine shall
27.10accompany the application by the following:
27.11 (1) a copy of a diploma from an accredited or approved college of veterinary
27.12medicine or certification from the dean, registrar, or secretary of an accredited or approved
27.13college of veterinary medicine attesting to the applicant's graduation from an accredited
27.14or approved college of veterinary medicine, or a certificate of satisfactory completion of
27.15the ECFVG or PAVE program.
27.16 (2) affidavits of two licensed practicing doctors of veterinary medicine residing in
27.17the United States or Canadian licensing jurisdiction in which the applicant is currently
27.18practicing, attesting that they are well acquainted with the applicant, that the applicant is a
27.19person of good moral character, and has been actively engaged in practicing or teaching in
27.20such jurisdiction for the period above prescribed;
27.21 (3) a certificate from the regulatory agency having jurisdiction over the conduct of
27.22practice of veterinary medicine that such applicant is in good standing and is not the
27.23subject of disciplinary action or pending disciplinary action;
27.24 (4) a certificate from all other jurisdictions in which the applicant holds a currently
27.25active license or held a license within the past ten years, stating that the applicant is and
27.26was in good standing and has not been subject to disciplinary action;
27.27 (5) in lieu of clauses (3) and (4), certification from the Veterinary Information
27.28Verification Agency that the applicant's licensure is in good standing;
27.29 (6) a fee as set by the board in form of check or money order payable to the board,
27.30no part of which shall be refunded should the application be denied;
27.31 (7) score reports on previously taken national examinations in veterinary medicine,
27.32certified by the Veterinary Information Verification Agency; and
27.33 (8) if requesting waiver of examination, provide evidence of meeting licensure
27.34requirements in the state of the applicant's original licensure that were substantially equal
27.35to the requirements for licensure in Minnesota in existence at that time.
28.1 Sec. 37. Minnesota Statutes 2006, section 156.073, is amended to read:
28.2156.073 TEMPORARY PERMIT.
28.3 The board may issue without examination a temporary permit to practice veterinary
28.4medicine in this state to a person who has submitted an application approved by the
28.5board for license pending examination, and holds a doctor of veterinary medicine degree
28.6or an equivalent degree from an approved or accredited college of veterinary medicine
28.7or an ECFVG or PAVE certification. The temporary permit shall expire the day after
28.8publication of the notice of results of the first examination given after the permit is
28.9issued. No temporary permit may be issued to any applicant who has previously failed
28.10the national examination and is currently not licensed in any licensing jurisdiction of the
28.11United States or Canada or to any person whose license has been revoked or suspended
28.12or who is currently subject to a disciplinary order in any licensing jurisdiction of the
28.13United States or Canada.
28.14 Sec. 38. Minnesota Statutes 2006, section 156.12, subdivision 2, is amended to read:
28.15 Subd. 2. Authorized activities. No provision of this chapter shall be construed to
28.17 (a) a person from rendering necessary gratuitous assistance in the treatment of any
28.18animal when the assistance does not amount to prescribing, testing for, or diagnosing,
28.19operating, or vaccinating and when the attendance of a licensed veterinarian cannot be
28.21 (b) a person who is a regular student in an accredited or approved college of
28.22veterinary medicine from performing duties or actions assigned by instructors or
28.23preceptors or working under the direct supervision of a licensed veterinarian;
28.24 (c) a veterinarian regularly licensed in another jurisdiction from consulting with a
28.25licensed veterinarian in this state;
28.26 (d) the owner of an animal and the owner's regular employee from caring for and
28.27administering to the animal belonging to the owner, except where the ownership of the
28.28animal was transferred for purposes of circumventing this chapter;
28.29 (e) veterinarians who are in compliance with subdivision 6 and who are employed by
28.30the University of Minnesota from performing their duties with the College of Veterinary
28.31Medicine, College of Agriculture, Agricultural Experiment Station, Agricultural Extension
28.32Service, Medical School, School of Public Health, or other unit within the university; or
28.33a person from lecturing or giving instructions or demonstrations at the university or in
28.34connection with a continuing education course or seminar to veterinarians or pathologists
28.35at the University of Minnesota Veterinary Diagnostic Laboratory;
29.1 (f) any person from selling or applying any pesticide, insecticide or herbicide;
29.2 (g) any person from engaging in bona fide scientific research or investigations which
29.3reasonably requires experimentation involving animals;
29.4 (h) any employee of a licensed veterinarian from performing duties other than
29.5diagnosis, prescription or surgical correction under the direction and supervision of the
29.6veterinarian, who shall be responsible for the performance of the employee;
29.7 (i) a graduate of a foreign college of veterinary medicine from working under the
29.8direct personal instruction, control, or supervision of a veterinarian faculty member of
29.9the College of Veterinary Medicine, University of Minnesota in order to complete the
29.10requirements necessary to obtain an ECFVG or PAVE certificate
29.11 (j) a licensed chiropractor registered under section 148.01, subdivision 1a, from
29.12practicing animal chiropractic.
29.13 Sec. 39. Minnesota Statutes 2006, section 156.12, subdivision 4, is amended to read:
29.14 Subd. 4. Titles. It is unlawful for a person who has not received a professional
29.15degree from an accredited or approved college of veterinary medicine, or ECFVG or PAVE
29.16certification, to use any of the following titles or designations: Veterinary, veterinarian,
29.17animal doctor, animal surgeon, animal dentist, animal chiropractor, animal acupuncturist,
29.18or any other title, designation, word, letter, abbreviation, sign, card, or device tending to
29.19indicate that the person is qualified to practice veterinary medicine.
29.20 Sec. 40. Minnesota Statutes 2006, section 156.12, subdivision 6, is amended to read:
29.21 Subd. 6. Faculty licensure. (a) Veterinary Medical Center clinicians at the College
29.22of Veterinary Medicine, University of Minnesota, who are engaged in the practice of
29.23veterinary medicine as defined in subdivision 1 and who treat animals owned by clients of
29.24the Veterinary Medical Center must possess the same license required by other veterinary
29.25practitioners in the state of Minnesota except for persons covered by paragraphs (b) and (c).
29.26 (b) A specialty practitioner in a hard-to-fill faculty position who has been employed
29.27at the College of Veterinary Medicine, University of Minnesota, for five years or
29.28more prior to 2003 or is specialty board certified by the American Veterinary Medical
29.29Association or the European Board of Veterinary Specialization may be granted a specialty
29.30faculty Veterinary Medical Center clinician license which will allow the licensee to
29.31practice veterinary medicine in the state of Minnesota in the specialty area of the licensee's
29.32training and only within the scope of employment at the Veterinary Medical Center.
29.33 (c) A specialty practitioner in a hard-to-fill faculty position at the College of
29.34Veterinary Medicine, University of Minnesota, who has graduated from a board-approved
30.1foreign veterinary school may be granted a temporary faculty Veterinary Medical Center
30.2clinician license. The temporary faculty Veterinary Medical Center clinician license
30.3expires in two years and allows the licensee to practice veterinary medicine as defined
30.4in subdivision 1 and treat animals owned by clients of the Veterinary Medical Center.
30.5The temporary faculty Veterinary Medical Center clinician license allows the licensee to
30.6practice veterinary medicine in the state of Minnesota in the specialty area of the licensee's
30.7training and only within the scope of employment at the Veterinary Medical Center while
30.8under the direct supervision of a veterinarian currently licensed and actively practicing
30.9veterinary medicine in Minnesota, as defined in section 156.04. The direct supervising
30.10veterinarian must not have any current or past conditions, restrictions, or probationary
30.11status imposed on the veterinarian's license by the board within the past five years. The
30.12holder of a temporary faculty Veterinary Medical Center clinician license who is enrolled
30.13in a PhD program may apply for up to two additional consecutive two-year extensions
30.14of an expiring temporary faculty Veterinary Medical Center clinician license. Any other
30.15holder of a temporary faculty Veterinary Medical Center clinician license may apply for
30.16one two-year extension of the expiring temporary faculty Veterinary Medical Center
30.17clinician license. Temporary faculty Veterinary Medical Center clinician licenses that are
30.18allowed to expire may not be renewed. The board shall grant an extension to a licensee
30.19who demonstrates suitable progress toward completing the requirements of their academic
30.20program, specialty board certification, or full licensure in Minnesota by a graduate of a
30.21foreign veterinary college.
30.22 (d) Temporary and specialty faculty Veterinary Medical Center clinician licensees
30.23must abide by all the laws governing the practice of veterinary medicine in the state
30.24of Minnesota and are subject to the same disciplinary action as any other veterinarian
30.25licensed in the state of Minnesota.
30.26 (e) The fee for a license issued under this subdivision is the same as for a regular
30.27license to practice veterinary medicine in Minnesota. License payment deadlines, late
30.28payment fees, and other license requirements are also the same as for regular licenses.
30.29 Sec. 41. Minnesota Statutes 2006, section 156.15, subdivision 2, is amended to read:
30.30 Subd. 2. Service. Service of an order under this section is effective if the order is
30.31served on the person or counsel of record personally or by
30.32the most recent address provided to the board for the person or counsel of record.
30.33 Sec. 42. Minnesota Statutes 2006, section 156.16, subdivision 3, is amended to read:
31.1 Subd. 3. Dispensing. "Dispensing" means distribution of veterinary prescription
31.2drugs or over-the-counter drugs, human drugs for extra-label use, for extra-label use by a
31.3person licensed as a pharmacist by the Board of Pharmacy or a person licensed by the
31.4Board of Veterinary Medicine.
31.5 Sec. 43. Minnesota Statutes 2006, section 156.16, subdivision 10, is amended to read:
31.6 Subd. 10. Prescription. "Prescription" means an order from a veterinarian to a
31.7pharmacist or another veterinarian authorizing the dispensing of
31.9to a client for use on or in a patient.
31.10 Sec. 44. Minnesota Statutes 2006, section 156.18, subdivision 1, is amended to read:
31.11 Subdivision 1. Prescription. (a) A person may not dispense a veterinary
31.12prescription drug to a client without a prescription or other veterinary authorization. A
31.13person may not make extra-label use of an animal or human drug for an animal without a
31.14prescription from a veterinarian. A veterinarian or the veterinarian's authorized employee
31.16an over-the-counter drug for extra-label use by a client
31.18there is documentation of the prescription in the medical record and there is an existing
31.19veterinarian-client-patient relationship. The prescribing veterinarian must monitor the use
31.20of veterinary prescription drugs, human drugs for extra-label use, or over-the-counter
31.21drugs for extra-label use by a client.
31.22 (b) A veterinarian may dispense prescription veterinary drugs and prescribe and
31.23dispense extra-label use drugs to a client without personally examining the animal if
31.24a bona fide veterinarian-client-patient relationship exists and in the judgment of the
31.25veterinarian the client has sufficient knowledge to use the drugs properly.
31.26 (c) A veterinarian may issue a prescription or other veterinary authorization by oral or
31.27written communication to the dispenser, or by computer connection. If the communication
31.28is oral, the veterinarian must enter it into the patient's record. The dispenser must record
31.29the veterinarian's prescription or other veterinary authorization within 72 hours.
31.30 (d) A prescription or other veterinary authorization must include:
31.31 (1) the name, address, and, if written, the signature of the prescriber;
31.32 (2) the name and address of the client;
31.33 (3) identification of the species for which the drug is prescribed or ordered;
31.34 (4) the name, strength, and quantity of the drug;
32.1 (5) the date of issue;
32.2 (6) directions for use;
32.3 (7) withdrawal time
32.4 (8) expiration date of prescription; and
32.5 (9) number of authorized refills.
32.6 (e) A veterinarian may, in the course of professional practice and an existing
32.7veterinarian-client-patient relationship, prepare medicaments that combine drugs approved
32.8by the United States Food and Drug Administration and other legally obtained ingredients
32.9with appropriate vehicles.
32.10 (f) A veterinarian or a bona fide employee of a veterinarian may dispense veterinary
32.11prescription drugs to a person on the basis of a prescription issued by a licensed
32.12veterinarian. The provisions of paragraphs (c) and (d) apply.
32.13 (g) This section does not limit the authority of the Minnesota Racing Commission to
32.14regulate veterinarians providing services at a licensed racetrack.
32.15 Sec. 45. Minnesota Statutes 2006, section 156.18, subdivision 2, is amended to read:
32.16 Subd. 2. Label of dispensed veterinary drugs. (a) A veterinarian or the
32.17veterinarian's authorized agent or employee dispensing a veterinary prescription drug
32.19for extra-label use, or a human drug for extra-label use must provide written information
32.20which includes the name and address of the veterinarian, date of filling, species of patient,
32.21name or names of drug, strength of drug or drugs, directions for use, withdrawal time,
32.22and cautionary statements, if any, appropriate for the drug.
32.23 (b) If the veterinary drug has been prepared, mixed, formulated, or packaged by the
32.24dispenser, all of the information required in paragraph (a) must be provided on a label
32.25affixed to the container.
32.26 (c) If the veterinary drug is in the manufacturer's original package, the information
32.27required in paragraph (a) must be supplied in writing but need not be affixed to the
32.28container. Information required in paragraph (a) that is provided by the manufacturer on
32.29the original package does not need to be repeated in the separate written information.
32.30Written information required by this paragraph may be written on the sales invoice.
32.31 Sec. 46. Minnesota Statutes 2006, section 156.19, is amended to read:
32.32156.19 EXTRA-LABEL USE.
32.33 A person, other than a veterinarian or
32.34employee of a veterinarian, must not make extra-label use of a veterinary drug in or
33.1on a food-producing animal, unless permitted by the prescription of a veterinarian. A
33.2veterinarian may prescribe the extra-label use of a
33.3 (1) the veterinarian makes a careful medical diagnosis within the context of a valid
33.5 (2) the veterinarian determines that there is no marketed drug specifically labeled to
33.6treat the condition diagnosed, or that drug therapy as recommended by the labeling has, in
33.7the judgment of the attending veterinarian, been found to be clinically ineffective;
33.8 (3) the veterinarian recommends procedures to ensure that the identity of the treated
33.9animal will be carefully maintained;
33.10 (4) the veterinarian prescribes a significantly extended time period for drug
33.11withdrawal before marketing meat, milk, or eggs
33.12 (5) the veterinarian has met the criteria established in Code of Federal Regulations,
33.13title 21, part 530, which define the extra-label use of medication in or on animals.
33.14 Sec. 47. Minnesota Statutes 2006, section 239.051, subdivision 15, is amended to read:
33.15 Subd. 15. Ethanol blender. "Ethanol blender" means a person who blends and
33.16distributes, transports, sells, or offers to sell gasoline containing
33.18 Sec. 48. Minnesota Statutes 2007 Supplement, section 239.761, subdivision 4, is
33.19amended to read:
33.20 Subd. 4. Gasoline blended with ethanol; general. (a) Gasoline may be blended
33.22with the requirements of subdivision 5.
33.23 (b) A gasoline-ethanol blend must:
33.24 (1) comply with the volatility requirements in Code of Federal Regulations, title
33.2540, part 80;
33.26 (2) comply with ASTM specification D4814-06, or the gasoline base stock from
33.27which a gasoline-ethanol blend was produced must comply with ASTM specification
33.29 (3) not be blended with casinghead gasoline, absorption gasoline, condensation
33.30gasoline, drip gasoline, or natural gasoline after the gasoline-ethanol blend has been sold,
33.31transferred, or otherwise removed from a refinery or terminal.
33.32 Sec. 49. Minnesota Statutes 2007 Supplement, section 239.761, is amended by adding
33.33a subdivision to read:
34.1 Subd. 4a. Gasoline blended with ethanol; standard combustion engines.
34.2 Gasoline combined with ethanol for use in standard combustion engines may be blended
34.3with up to ten percent agriculturally derived, denatured ethanol, by volume, or any
34.4percentage specifically authorized in a waiver granted by the United States Environmental
34.5Protection Agency under section 211(f)(4) of the Clean Air Act, United States Code, title
34.642, section 7545, subsection (f), paragraph (4). The gasoline-ethanol blend must comply
34.7with the general provisions in subdivision 4.
34.8 Sec. 50. Minnesota Statutes 2007 Supplement, section 239.761, is amended by adding
34.9a subdivision to read:
34.10 Subd. 4b. Gasoline blended with ethanol; alternative fuel vehicles. (a) Gasoline
34.11blended for use in an alternative fuel vehicle, as defined in section 296A.01, subdivision 5,
34.12may contain any percentage of agriculturally derived, denatured ethanol, by volume, not
34.13to exceed 85 percent. The gasoline-ethanol blend must comply with the general provisions
34.14in subdivision 4. The gasoline and ethanol may be blended by an ethanol blender or at the
34.15point of retail sale in an ethanol-blending fuel dispenser clearly labeled "FLEX-FUEL
34.16VEHICLES ONLY." If blended by an ethanol blender, the percentage of ethanol in the
34.17resulting gasoline-ethanol blend must be clearly identified.
34.18 (b) If a person responsible for the product utilizes an ethanol-blending fuel dispenser
34.19to dispense both gasoline blended with ethanol for use in alternative fuel vehicles and
34.20gasoline blended with ethanol for use in standard combustion engines, the person must
34.21ensure that the gasoline blended with ethanol for use in standard combustion engines is
34.22dispensed from a fuel-dispensing hose and nozzle or other conveyance dedicated solely
34.23to gasoline blended with ethanol for use in standard combustion engines and clearly
34.24labeled as such.
34.25 (c) A person responsible for the product who complies with the provisions in
34.26paragraph (b) is not responsible for a self-service fueling action taken by that person's
34.27retail fuel customer.
34.28 Sec. 51. Minnesota Statutes 2006, section 239.77, as amended by Laws 2007, chapter
34.2962, sections 3 and 4, is amended to read:
34.30239.77 BIODIESEL CONTENT MANDATE.
34.31 Subdivision 1. Biodiesel fuel. "Biodiesel fuel" means a renewable, biodegradable,
34.32mono alkyl ester combustible liquid fuel that is derived from agricultural and other plant
34.33oils or animal fats and that meets American Society For Testing and Materials specification
34.34D6751-07 for Biodiesel Fuel (B100) Blend Stock for Distillate Fuels.
35.1 Biodiesel produced from palm oil is not biodiesel fuel for the purposes of this
35.2section, unless the palm oil is contained within waste oil and grease collected within the
35.3United States or Canada.
35.4 Subd. 2. Minimum content. (a) Except as otherwise provided in this section, all
35.5diesel fuel sold or offered for sale in Minnesota for use in internal combustion engines
35.6must contain at least
35.7on and after the following dates:
35.13April, May, June, July, August, September, and October only. The minimum content for
35.14the remainder of the year is five percent. However, if the commissioners of agriculture,
35.15commerce, and pollution control determine, after consultation with the biodiesel task
35.16force and other technical experts, that an American Society for Testing and Materials
35.17specification or equivalent federal standard exists for the specified biodiesel blend level in
35.18those clauses that adequately addresses technical issues associated with Minnesota's cold
35.19weather and publish a notice in the State Register to that effect, the commissioners may
35.20allow the specified biodiesel blend level in those clauses to be effective year-round.
35.21 (b) The minimum content levels in paragraph (a), clauses (3) and (4), become
35.22effective on the date specified only if the commissioners of agriculture, commerce, and
35.23pollution control publish notice in the State Register and provide written notice to the
35.24chairs of the house and senate committees with jurisdiction over agriculture, commerce,
35.25and transportation policy and finance, at least 270 days prior to the date of each scheduled
35.26increase, that all of the following conditions have been met and the state is prepared to
35.27move to the next scheduled minimum content level:
35.28 (1) an American Society for Testing and Materials specification or equivalent federal
35.29standard exists for the next minimum diesel-biodiesel blend;
35.30 (2) a sufficient supply of biodiesel is available and the amount of biodiesel produced
35.31in this state from feedstock with at least 75 percent that is produced in the United States
35.32and Canada is equal to at least 50 percent of anticipated demand at the next minimum
35.34 (3) adequate blending infrastructure and regulatory protocol are in place in order to
35.35promote biodiesel quality and avoid any potential economic disruption; and
36.1 (4) at least five percent of the amount of biodiesel necessary for that minimum
36.2content level will be produced from a biological resource other than an agricultural
36.3resource traditionally grown or raised in the state, including, but not limited to, algae
36.4cultivated for biofuels production, waste oils, and tallow.
36.5 The condition in clause (2) may be waived if the commissioner finds that, due to
36.6weather-related conditions, the necessary feed stock is unavailable.
36.7 The condition in clause (4) may be waived if the commissioners find that the use of
36.8these nontraditional feedstocks would be uneconomic under market conditions existing at
36.9the time notice is given under this paragraph.
36.10 (c) The commissioners of agriculture, commerce, and pollution control must consult
36.11with the biodiesel task force when assessing and certifying conditions in paragraph (b),
36.12and in general must seek the guidance of the biodiesel task force regarding biodiesel
36.13labeling, enforcement, and other related issues.
36.14 (d) During a period of biodiesel fuel shortage or a problem with biodiesel quality
36.15that negatively affects the availability of biodiesel fuel, the commissioner of commerce
36.16may temporarily suspend the minimum content requirement in subdivision 2 until there
36.17is sufficient biodiesel fuel, as defined in subdivision 1, available to fulfill the minimum
36.19 (e) By February 1, 2012, and periodically thereafter, the commissioner of commerce
36.20shall determine the wholesale diesel price at various pipeline and refinery terminals in the
36.21region, and the biodiesel price determined after credits and incentives are subtracted at
36.22biodiesel plants in the region. The commissioner shall report wholesale price differences to
36.23the governor who, after consultation with the commissioners of commerce and agriculture,
36.24may by executive order adjust the biodiesel mandate if a price disparity reported by the
36.25commissioner will cause economic hardship to retailers of diesel fuel in this state. Any
36.26adjustment must be for a specified period of time, after which the percentage of biodiesel
36.27fuel to be blended into diesel fuel returns to the amount required in subdivision 2. The
36.28biodiesel mandate must not be adjusted to less than five percent.
36.29 Subd. 3. Exceptions. (a) The minimum content
36.31 (1) motors located at an electric generating plant regulated by the Nuclear
36.33 (2) railroad locomotives;
36.34 (3) off-road taconite and copper mining equipment and machinery;
36.35 (4) off-road logging equipment and machinery; and
37.1 (5) until May 1, 2010, vehicles and equipment used exclusively on an aircraft
37.3 (b) The exemption in paragraph (a), clause (1), expires 30 days after the Nuclear
37.4Regulatory Commission has approved the use of biodiesel fuel in motors at electric
37.5generating plants under its regulation.
37.6 (c) This subdivision expires on May 1, 2012.
37.7 Subd. 4. Disclosure. A refinery or terminal shall provide, at the time diesel fuel
37.8is sold or transferred from the refinery or terminal, a bill of lading or shipping manifest
37.9to the person who receives the fuel. For biodiesel-blended products, the bill of lading or
37.10shipping manifest must disclose biodiesel content, stating volume percentage, gallons of
37.11biodiesel per gallons of petroleum diesel base-stock, or an ASTM "Bxx" designation
37.12where "xx" denotes the volume percent biodiesel included in the blended product. This
37.13subdivision does not apply to sales or transfers of biodiesel blend stock between refineries,
37.14between terminals, or between a refinery and a terminal.
37.15 Subd. 5. Annual report. Beginning in 2009, the commissioner of agriculture
37.16must report by January 15 of each year to the chairs and ranking minority members of
37.17the legislative committees and divisions with jurisdiction over agriculture policy and
37.18finance regarding the implementation of the minimum content requirements in subdivision
37.192, including information about the price and supply of biodiesel fuel. The report shall
37.20include information about the impacts of the biodiesel mandate on the development of
37.21biodiesel production capacity in the state, and on the use of feedstock grown or raised in
37.22the state for biodiesel production. The report must include any written comments received
37.23from members of the biodiesel fuel task force by January 1 of that year designated by
37.24them for inclusion in the report.
37.25 Sec. 52. Minnesota Statutes 2006, section 239.7911, subdivision 2, is amended to read:
37.26 Subd. 2. Promotion of renewable liquid fuels. (a) The commissioner of
37.27agriculture, in consultation with the commissioners of commerce and the Pollution
37.28Control Agency, shall identify and implement activities necessary for the widespread use
37.29of renewable liquid fuels in the state. Beginning November 1, 2005, and continuing
37.30through 2015, the commissioners, or their designees, shall work with representatives
37.31from the renewable fuels industry, petroleum retailers, refiners, automakers, small engine
37.32manufacturers, and other interested groups, to develop annual recommendations for
37.33administrative and legislative action.
37.34 (b) The activities of the commissioners under this subdivision shall include, but not
37.35be limited to:
38.1 (1) developing recommendations for incentives for retailers to install equipment
38.2necessary for dispensing renewable liquid fuels to the public;
38.3 (2) expanding the renewable-fuel options available to Minnesota consumers by
38.4obtaining federal approval for the use of E20 and additional blends that contain a greater
38.5percentage of ethanol, including but not limited to E30 and E50, as gasoline;
38.6 (3) developing recommendations for ensuring that motor vehicles and small engine
38.7equipment have access to an adequate supply of fuel;
38.8 (4) working with the owners and operators of large corporate automotive fleets in the
38.9state to increase their use of renewable fuels; and
38.10 (5) working to maintain an affordable retail price for liquid fuels.
38.11 Sec. 53. Minnesota Statutes 2006, section 296A.01, subdivision 2, is amended to read:
38.12 Subd. 2. Agricultural alcohol gasoline. "Agricultural alcohol gasoline" means a
38.14the provisions of section 239.761, subdivision 4a or 4b, with ethanol derived from
38.15agricultural products, such as potatoes, cereal, grains, cheese whey, sugar beets, forest
38.16products, or other renewable resources
38.19 Sec. 54. Minnesota Statutes 2007 Supplement, section 296A.01, subdivision 8a,
38.20is amended to read:
38.21 Subd. 8a. Biodiesel fuel. "Biodiesel fuel"
38.25239.77, subdivision 1.
38.26 Sec. 55. Minnesota Statutes 2007 Supplement, section 296A.01, subdivision 25,
38.27is amended to read:
38.28 Subd. 25. Gasoline blended with ethanol. "Gasoline blended with ethanol" means
39.8blend satisfying the provisions of section 239.761, subdivision 4a or 4b.
39.9 Sec. 56. Minnesota Statutes 2007 Supplement, section 394.23, is amended to read:
39.10394.23 COMPREHENSIVE PLAN.
39.11 The board has the power and authority to prepare and adopt by ordinance, a
39.12comprehensive plan. A comprehensive plan or plans when adopted by ordinance must be
39.13the basis for official controls adopted under the provisions of sections
39.14The commissioner of natural resources must provide the natural heritage data from the
39.15county biological survey, if available, to each county for use in the comprehensive plan.
39.16When adopting or updating the comprehensive plan, the board must, if the data is available
39.17to the county, consider natural heritage data resulting from the county biological survey.
39.18In a county that is not a greater than 80 percent area, as defined in section 103G.005,
39.19subdivision 10b, the board must consider adopting goals and objectives that will protect
39.20open space and the environment.
39.21 Sec. 57. [394.231] COMPREHENSIVE PLANS IN GREATER MINNESOTA;
39.23 A county adopting or updating a comprehensive plan in a county outside the
39.24metropolitan area as defined by section 473.121, subdivision 2, and that is not a greater
39.25than 80 percent area, as defined in section 103G.005, subdivision 10b, shall consider
39.26adopting goals and objectives for the preservation of agricultural, forest, wildlife, and
39.27open space land, and minimizing development in sensitive shoreland areas. Within three
39.28years of updating the comprehensive plan, the county shall consider adopting ordinances
39.29as part of the county's official controls that encourage the implementation of the goals and
39.30objectives. The county shall consider the following goals and objectives:
39.31 (1) minimizing the fragmentation and development of agricultural, forest, wildlife,
39.32and open space lands, including consideration of appropriate minimum lot sizes;
39.33 (2) minimizing further development in sensitive shoreland areas;
40.1 (3) minimizing development near wildlife management areas, scientific and natural
40.2areas, and nature centers;
40.3 (4) identification of areas of preference for higher density, including consideration
40.4of existing and necessary water and wastewater services, infrastructure, other services,
40.5and to the extent feasible, encouraging full development of areas previously zoned for
40.7 (5) encouraging development close to places of employment, shopping centers,
40.8schools, mass transit, and other public and private service centers;
40.9 (6) identification of areas where other developments are appropriate; and
40.10 (7) other goals and objectives a county may identify.
40.11 Sec. 58. Minnesota Statutes 2006, section 394.232, subdivision 6, is amended to read:
40.12 Subd. 6. Plan update. The county board, or the board of the joint planning district,
40.13shall review and update the community-based comprehensive plan periodically, but at
40.14least every ten years, and submit the updated plan to the office of strategic and long-range
40.15planning for review and comment. When updating the plan, the county board or the board
40.16of the joint planning district must consider natural heritage data resulting from the county
40.17biological survey. In a county that is not a greater than 80 percent area, as defined in
40.18section 103G.005, subdivision 10b, the board must consider adopting goals and objectives
40.19that will protect open space and the environment.
40.20 Sec. 59. Minnesota Statutes 2006, section 462.355, subdivision 1, is amended to read:
40.21 Subdivision 1. Preparation and review. The planning agency shall prepare the
40.22comprehensive municipal plan. In discharging this duty the planning agency shall
40.23consult with and coordinate the planning activities of other departments and agencies
40.24of the municipality to insure conformity with and to assist in the development of the
40.25comprehensive municipal plan. In its planning activities the planning agency shall take due
40.26cognizance of the planning activities of adjacent units of government and other affected
40.27public agencies. The planning agency shall periodically review the plan and recommend
40.28amendments whenever necessary. When preparing or recommending amendments to the
40.29comprehensive plan, the planning agency of a municipality located within a county that is
40.30not a greater than 80 percent area, as defined in section 103G.005, subdivision 10b, must
40.31consider adopting goals and objectives that will protect open space and the environment.
40.32 Sec. 60. Minnesota Statutes 2006, section 462.357, is amended by adding a subdivision
41.1 Subd. 1h. Comprehensive plans in greater Minnesota; open spaces. When
41.2adopting or updating a comprehensive plan in a municipality located within a county that
41.3is not a greater than 80 percent area, as defined in section 103G.005, subdivision 10b, and
41.4that is located outside the metropolitan area, as defined by section 473.121, subdivision
41.52, the municipality shall consider adopting goals and objectives for the preservation of
41.6agricultural, forest, wildlife, and open space land and the minimization of development
41.7in sensitive shoreland areas. Within three years of updating the comprehensive plan,
41.8the municipality shall consider adopting ordinances as part of the municipality's official
41.9controls that encourage the implementation of the goals and objectives.
41.10 Sec. 61. Minnesota Statutes 2006, section 462.357, is amended by adding a subdivision
41.12 Subd. 9. Development goals and objectives. In adopting official controls after July
41.131, 2008, in a municipality outside the metropolitan area, as defined by section 473.121,
41.14subdivision 2, the municipality shall consider restricting new residential, commercial, and
41.15industrial development so that the new development takes place in areas subject to the
41.16following goals and objectives:
41.17 (1) minimizing the fragmentation and development of agricultural, forest, wildlife,
41.18and open space lands, including consideration of appropriate minimum lot sizes;
41.19 (2) minimizing further development in sensitive shoreland areas;
41.20 (3) minimizing development near wildlife management areas, scientific and natural
41.21areas, and nature centers;
41.22 (4) identification of areas of preference for higher density, including consideration
41.23of existing and necessary water and wastewater services, infrastructure, other services,
41.24and to the extent feasible, encouraging full development of areas previously zoned for
41.26 (5) encouraging development close to places of employment, shopping centers,
41.27schools, mass transit, and other public and private service centers;
41.28 (6) identification of areas where other developments are appropriate; and
41.29 (7) other goals and objectives a municipality may identify.
41.30 Sec. 62. TITLE.
41.31 Sections 56 to 61 shall be known as the President Theodore Roosevelt Memorial
41.32Bill to Preserve Agricultural, Forest, Wildlife, and Open Space Land.
41.33 Sec. 63. Laws 2007, chapter 45, article 1, section 3, subdivision 3, is amended to read:
42.4second year are for transfer to the Minnesota
42.5grown account and may be used as grants
42.6for Minnesota grown promotion under
42.7Minnesota Statutes, section
42.8may be made for one year. Notwithstanding
42.9Minnesota Statutes, section
42.10appropriations encumbered under contract on
42.11or before June 30, 2009, for Minnesota grown
42.12grants in this paragraph are available until
42.13June 30, 2011. $50,000 of the appropriation
42.14in each year is for efforts that identify
42.15and promote Minnesota grown products
42.16in retail food establishments including but
42.17not limited to restaurants, grocery stores,
42.18and convenience stores. The balance in the
42.19Minnesota grown matching account in the
42.20agricultural fund is canceled to the Minnesota
42.21grown account in the agricultural fund and
42.22the Minnesota grown matching account is
42.24$160,000 the first year and $160,000 the
42.25second year are for grants to farmers for
42.26demonstration projects involving sustainable
42.27agriculture as authorized in Minnesota
42.29for grants, up to $20,000 may be used for
42.30dissemination of information about the
42.31demonstration projects. Notwithstanding
42.32Minnesota Statutes, section
42.33appropriations encumbered under contract
42.34on or before June 30, 2009, for sustainable
42.35agriculture grants in this paragraph are
42.36available until June 30, 2011.
43.1$100,000 the first year and $100,000
43.2the second year are to provide training
43.3and technical assistance to county and
43.4town officials relating to livestock siting
43.5issues and local zoning and land use
43.6planning, including a checklist template that
43.7would clarify the federal, state, and local
43.8government requirements for consideration
43.9of an animal agriculture modernization
43.10or expansion project. In developing
43.11the training and technical assistance
43.12program, the commissioner shall seek
43.13guidance, advice, and support of livestock
43.14producer organizations, general agricultural
43.15organizations, local government associations,
43.16academic institutions, other government
43.17agencies, and others with expertise in land
43.18use and agriculture.
43.19$103,000 the first year and $106,000 the
43.20second year are for additional integrated pest
43.22$2,500,000 the first year is for the agricultural
43.23best management practices loan program. At
43.24least $2,000,000 is available for pass-through
43.25to local governments and lenders for
43.26low-interest loans and is available until spent.
43.27Any unencumbered balance that is not used
43.28for pass-through to local governments does
43.29not cancel at the end of the first year and is
43.30available for the second year.
43.31$1,000,000 the first year is for the agricultural
43.32best management practices loan program for
43.33capital equipment loans for persons using
43.34native, perennial cropping systems for energy
43.35or seed production. This appropriation is
44.1available until spent. * (The preceding text
44.2beginning "$1,000,000 the first year" was
44.3indicated as vetoed by the governor.)
44.4$100,000 the first year and $100,000 the
44.5second year are for annual cost-share
44.6payments to resident farmers or persons
44.7who sell, process, or package agricultural
44.8products in this state for the costs of organic
44.9certification. Annual cost-share payments
44.10per farmer must be two-thirds of the cost
44.11of the certification or $350, whichever is
44.12less. In any year that a resident farmer or
44.13person who sells, processes, or packages
44.14agricultural products in this state receives
44.15a federal organic certification cost-share
44.16payment, that resident farmer or person is
44.17not eligible for state cost-share payments.
44.18A certified farmer is eligible to receive
44.19annual certification cost-share payments for
44.20up to five years. $15,000 each year is for
44.21organic market and program development.
44.22The commissioner may allocate any excess
44.23appropriation in either fiscal year for organic
44.24producer education efforts, assistance for
44.25persons transitioning from conventional
44.26to organic agriculture, or sustainable
44.27agriculture demonstration grants authorized
44.28under Minnesota Statutes, section
44.29and pertaining to organic research or
44.30demonstration. Any unencumbered balance
44.31does not cancel at the end of the first year
44.32and is available for the second year.
44.33EFFECTIVE DATE.This section is effective the day following final enactment.
44.34 Sec. 64. Laws 2007, chapter 45, article 1, section 3, subdivision 4, is amended to read:
45.4the second year are for ethanol producer
45.5payments under Minnesota Statutes, section
45.7producers are eligible in a quarter exceeds
45.8the amount available for payments, the
45.9commissioner shall make payments on a
45.10pro rata basis. If the appropriation exceeds
45.11the total amount for which all producers
45.12are eligible in a fiscal year for scheduled
45.13payments and for deficiencies in payments
45.14during previous fiscal years, the balance
45.15in the appropriation is available to the
45.16commissioner for value-added agricultural
45.17programs including the value-added
45.18agricultural product processing and
45.19marketing grant program under Minnesota
45.21appropriation remains available until spent.
45.22$3,000,000 the first year is for grants to
45.23bioenergy projects. The NextGen Energy
45.24Board shall make recommendations to
45.25the commissioner on grants for owners of
45.26Minnesota facilities producing bioenergy,
45.27organizations that provide for on-station,
45.28on-farm field scale research and outreach to
45.29develop and test the agronomic and economic
45.30requirements of diverse stands of prairie
45.31plants and other perennials for bioenergy
45.32systems, or certain nongovernmental
45.33entities. For the purposes of this paragraph,
45.34"bioenergy" includes transportation fuels
45.35derived from cellulosic material as well as
45.36the generation of energy for commercial heat,
46.1industrial process heat, or electrical power
46.2from cellulosic material via gasification
46.3or other processes. The board must give
46.4priority to a bioenergy facility that is at
46.5least 60 percent owned and controlled by
46.6farmers, as defined in Minnesota Statutes,
46.8(n), or natural persons residing in the
46.9county or counties contiguous to where the
46.10facility is located. Grants are limited to 50
46.11percent of the cost of research, technical
46.12assistance, or equipment related to bioenergy
46.13production or $500,000, whichever is less.
46.14Grants to nongovernmental entities for the
46.15development of business plans and structures
46.16related to community ownership of eligible
46.17bioenergy facilities together may not exceed
46.18$150,000. The board shall make a good
46.19faith effort to select projects that have
46.20merit and when taken together represent a
46.21variety of bioenergy technologies, biomass
46.22feedstocks, and geographic regions of the
46.23state. Projects must have a qualified engineer
46.24certification on the technology and fuel
46.25source. Grantees shall provide reports at
46.26the request of the commissioner and must
46.27actively participate in the Agricultural
46.28Utilization Research Institute's Renewable
46.29Energy Roundtable. No later than February
46.301, 2009, the commissioner shall report on
46.31the projects funded under this appropriation
46.32to the house and senate committees with
46.33jurisdiction over agriculture finance. The
46.34commissioner's costs in administering the
46.35program may be paid from the appropriation.
46.36Any unencumbered balance does not cancel
47.1at the end of the first year and is available in
47.2the second year.
47.3$350,000 the first year is for grants to
47.4the Minnesota Institute for Sustainable
47.5Agriculture at the University of Minnesota
47.6to provide funds for on-station and on-farm
47.7field scale research and outreach to develop
47.8and test the agronomic and economic
47.9requirements of diverse stands of prairie
47.10plants and other perennials for bioenergy
47.11systems including, but not limited to,
47.12multiple species selection and establishment,
47.13ecological management between planting
47.14and harvest, harvest technologies, financial
47.15and agronomic risk management, farmer
47.16goal setting and adoption of technologies,
47.17integration of wildlife habitat into
47.18management approaches, evaluation of
47.19carbon and other benefits, and robust policies
47.20needed to induce farmer conversion on
47.21marginal lands. * (The preceding text
47.22beginning "$350,000 the first year" was
47.23indicated as vetoed by the governor.)
47.24$200,000 the first year is for a grant to the
47.25Minnesota Turf Seed Council for basic
47.26and applied agronomic research on native
47.27plants, including plant breeding, nutrient
47.28management, pest management, disease
47.29management, yield, and viability. The grant
47.30recipient may subcontract with a qualified
47.31third party for some or all of the basic
47.32or applied research. The grant recipient
47.33must actively participate in the Agricultural
47.34Utilization Research Institute's Renewable
47.35Energy Roundtable and no later than
47.36February 1, 2009, must report to the house
48.1and senate committees with jurisdiction
48.2over agriculture finance. This is a onetime
48.3appropriation and is available until spent.
48.4$200,000 the first year is for a grant to a joint
48.5venture combined heat and power energy
48.6facility located in Scott or LeSueur County
48.7for the creation of a centrally located biomass
48.8fuel supply depot with the capability of
48.9unloading, processing, testing, scaling, and
48.10storing renewable biomass fuels. The grant
48.11must be matched by at least $3 of nonstate
48.12funds for every $1 of state funds. The grant
48.13recipient must actively participate in the
48.14Agricultural Utilization Research Institute's
48.15Renewable Energy Roundtable and no
48.16later than February 1, 2009, must report
48.17to the house and senate committees with
48.18jurisdiction over agriculture finance. This is
48.19a onetime appropriation and is available until
48.21$300,000 the first year is for a grant to the
48.22Bois Forte Band of Chippewa for a feasibility
48.23study of a renewable energy biofuels
48.24demonstration facility on the Bois Forte
48.25Reservation in St. Louis and Koochiching
48.26Counties. The grant shall be used by the Bois
48.27Forte Band to conduct a detailed feasibility
48.28study of the economic and technical viability
48.29of developing a multistream renewable
48.30energy biofuels demonstration facility
48.31on Bois Forte Reservation land to utilize
48.32existing forest resources, woody biomass,
48.33and cellulosic material to produce biofuels or
48.34bioenergy. The grant recipient must actively
48.35participate in the Agricultural Utilization
48.36Research Institute's Renewable Energy
49.1Roundtable and no later than February 1,
49.22009, must report to the house and senate
49.3committees with jurisdiction over agriculture
49.4finance. This is a onetime appropriation and
49.5is available until spent.
49.6$300,000 the first year is for a grant to
49.7the White Earth Band of Chippewa for a
49.8feasibility study of a renewable energy
49.9biofuels production, research, and production
49.10facility on the White Earth Reservation in
49.11Mahnomen County. The grant must be used
49.12by the White Earth Band and the University
49.13of Minnesota to conduct a detailed feasibility
49.14study of the economic and technical viability
49.15of (1) developing a multistream renewable
49.16energy biofuels demonstration facility on
49.17White Earth Reservation land to utilize
49.18existing forest resources, woody biomass,
49.19and cellulosic material to produce biofuels or
49.20bioenergy, and (2) developing, harvesting,
49.21and marketing native prairie plants and seeds
49.22for bioenergy production. The grant recipient
49.23must actively participate in the Agricultural
49.24Utilization Research Institute's Renewable
49.25Energy Roundtable and no later than
49.26February 1, 2009, must report to the house
49.27and senate committees with jurisdiction
49.28over agriculture finance. This is a onetime
49.29appropriation and is available until spent.
49.30$200,000 the first year is for a grant to the Elk
49.31River Economic Development Authority for
49.32upfront engineering and a feasibility study
49.33of the Elk River renewable fuels facility.
49.34The facility must use a plasma gasification
49.35process to convert primarily cellulosic
49.36material, but may also use plastics and other
50.1components from municipal solid waste, as
50.2feedstock for the production of methanol
50.3for use in biodiesel production facilities.
50.4Any unencumbered balance in fiscal year
50.52008 does not cancel but is available for
50.6fiscal year 2009. Notwithstanding Minnesota
50.8not transfer this appropriation. The grant
50.9recipient must actively participate in the
50.10Agricultural Utilization Research Institute's
50.11Renewable Energy Roundtable and no
50.12later than February 1, 2009, must report
50.13to the house and senate committees with
50.14jurisdiction over agriculture finance. This is
50.15a onetime appropriation and is available until
50.17$200,000 the first year is for a grant to
50.18Chisago County to conduct a detailed
50.19feasibility study of the economic and
50.20technical viability of developing a
50.21multistream renewable energy biofuels
50.22demonstration facility in Chisago, Isanti,
50.23or Pine County to utilize existing forest
50.24resources, woody biomass, and cellulosic
50.25material to produce biofuels or bioenergy.
50.26Chisago County may expend funds to Isanti
50.27and Pine Counties and the University of
50.28Minnesota for any costs incurred as part
50.29of the study. The feasibility study must
50.30consider the capacity of: (1) the seed bank
50.31at Wild River State Park to expand the
50.32existing prairie grass, woody biomass, and
50.33cellulosic material resources in Chisago,
50.34Isanti, and Pine Counties; (2) willing and
50.35interested landowners in Chisago, Isanti, and
50.36Pine Counties to grow cellulosic materials;
51.1and (3) the Minnesota Conservation Corps,
51.2the sentence to serve program, and other
51.3existing workforce programs in east central
51.4Minnesota to contribute labor to these efforts.
51.5The grant recipient must actively participate
51.6in the Agricultural Utilization Research
51.7Institute's Renewable Energy Roundtable and
51.8no later than February 1, 2009, must report
51.9to the house and senate committees with
51.10jurisdiction over agriculture finance. This is
51.11a onetime appropriation and is available until
51.13EFFECTIVE DATE.This section is effective the day following final enactment.
51.14 Sec. 65. Laws 2007, chapter 45, article 1, section 3, subdivision 5, is amended to read:
51.18the second year are for continuation of
51.19the dairy development and profitability
51.20enhancement and dairy business planning
51.21grant programs established under Laws 1997,
51.22chapter 216, section 7, subdivision 2, and
51.23Laws 2001, First Special Session chapter 2,
51.24section 9, subdivision 2 . The commissioner
51.25may allocate the available sums among
51.26permissible activities, including efforts to
51.27improve the quality of milk produced in the
51.28state in the proportions that the commissioner
51.29deems most beneficial to Minnesota's dairy
51.30farmers. The commissioner must submit a
51.31work plan detailing plans for expenditures
51.32under this program to the chairs of the
51.33house and senate committees dealing with
51.34agricultural policy and budget on or before
51.35the start of each fiscal year. If significant
52.1changes are made to the plans in the course
52.2of the year, the commissioner must notify the
52.4$50,000 the first year and $50,000 the
52.5second year are for the Northern Crops
52.6Institute. These appropriations may be spent
52.7to purchase equipment.
52.8$19,000 the first year and $19,000 the
52.9second year are for a grant to the Minnesota
52.10Livestock Breeders Association.
52.11$250,000 the first year and $250,000 the
52.12second year are for grants to the Minnesota
52.13Agricultural Education Leadership Council
52.14for programs of the council under Minnesota
52.15Statutes, chapter 41D.
52.16$600,000 the first year is for grants for
52.17fertilizer research as awarded by the
52.18Minnesota Agricultural Fertilizer Research
52.19and Education Council under Minnesota
52.22the commissioner pursuant to Minnesota
52.23Statutes, section 18C.70, subdivision 2, for
52.24administration of this activity is available
52.25until February 1, 2009, by which time the
52.26commissioner shall report to the house and
52.27senate committees with jurisdiction over
52.28agriculture finance. The report must include
52.29the progress and outcome of funded projects
52.30as well as the sentiment of the council
52.31concerning the need for additional research
52.32funded through an industry checkoff fee.
52.33$465,000 the first year and $465,000 the
52.34second year are for payments to county and
52.35district agricultural societies and associations
53.1under Minnesota Statutes, section
53.3district agricultural societies and associations
53.4shall be disbursed not later than July 15 of
53.5each year. These payments are the amount of
53.6aid owed by the state for an annual fair held
53.7in the previous calendar year.
53.8$65,000 the first year and $65,000 the second
53.9year are for annual grants to the Minnesota
53.10Turf Seed Council for basic and applied
53.11research on the improved production of
53.12forage and turf seed related to new and
53.13improved varieties. The grant recipient may
53.14subcontract with a qualified third party for
53.15some or all of the basic and applied research.
53.16$500,000 the first year and $500,000 the
53.17second year are for grants to Second Harvest
53.18Heartland on behalf of Minnesota's six
53.19Second Harvest food banks for the purchase
53.20of milk for distribution to Minnesota's food
53.21shelves and other charitable organizations
53.22that are eligible to receive food from the food
53.23banks. Milk purchased under the grants must
53.24be acquired from Minnesota milk processors
53.25and based on low-cost bids. The milk must be
53.26allocated to each Second Harvest food bank
53.27serving Minnesota according to the formula
53.28used in the distribution of United States
53.29Department of Agriculture commodities
53.30under The Emergency Food Assistance
53.31Program (TEFAP). Second Harvest
53.32Heartland must submit quarterly reports
53.33to the commissioner on forms prescribed
53.34by the commissioner. The reports must
53.35include, but are not limited to, information
53.36on the expenditure of funds, the amount
54.1of milk purchased, and the organizations
54.2to which the milk was distributed. Second
54.3Harvest Heartland may enter into contracts
54.4or agreements with food banks for shared
54.5funding or reimbursement of the direct
54.6purchase of milk. Each food bank receiving
54.7money from this appropriation may use up to
54.8two percent of the grant for administrative
54.10$100,000 the first year and $100,000 the
54.11second year are for transfer to the Board of
54.12Trustees of the Minnesota State Colleges and
54.13Universities for mental health counseling
54.14support to farm families and business
54.15operators through farm business management
54.16programs at Central Lakes College and
54.18$18,000 the first year and $18,000 the
54.19second year are for grants to the Minnesota
54.21$50,000 is for a grant to the University of
54.22Minnesota, Department of Horticultural
54.23Science, Enology Laboratory, to upgrade
54.24and purchase instrumentation to allow
54.25rapid and accurate measurement of enology
54.26components. This is a onetime appropriation
54.27and is available until expended.
54.28 Sec. 66. AGRICULTURAL AND OPEN SPACE PRESERVATION TASK
54.30 An agricultural and open space preservation task force is created to study state and
54.31local policies and incentives related to encouraging farms, privately owned forest lands,
54.32and other privately owned open spaces to be preserved. The task force shall consist of two
54.33members of the senate appointed by the Subcommittee on Committees of the Committee
54.34on Rules and Administration, including one member of the minority; one member of the
55.1majority party in the house of representatives, appointed by the speaker of the house of
55.2representatives, and one member of the minority party in the house of representatives
55.3appointed by the minority leader; and one representative each from the Association of
55.4Minnesota Counties, the League of Minnesota Cities, and the Minnesota Association of
55.5Townships. The task force shall consult with representatives of agricultural groups such as
55.6Farm Bureau and Farmer's Union, the commissioners of agriculture and natural resources,
55.7the executive director of the Board of Soil and Water Resources, and other state agencies
55.8as needed and may consult with other interested parties. No public member of the task
55.9force shall be entitled to compensation or reimbursements for expenses. Appointments
55.10shall be made by July 1, 2008, and the first meeting shall be convened by agreement of
55.11the senate members no later than August 1, 2008. The task force shall elect a chair from
55.12among its members at the first meeting. The task force must report its findings with
55.13recommendations for proposed legislation to the chair and ranking minority member of
55.14the committees in the house of representatives and senate with jurisdiction over land use
55.15planning no later than January 30, 2009. The task force shall expire on June 30, 2009.
55.16 Sec. 67. PROPOSAL; PETROLEUM INSPECTION FEE REVENUE.
55.17 The commissioners of finance, commerce, and pollution control must develop and
55.18submit to the legislature as part of their next biennial budget request a proposal for
55.19eliminating, to the extent feasible, redundant fuel inspections and dedicating, to the extent
55.20feasible, all revenue from the petroleum inspection fee levied on petroleum products under
55.21Minnesota Statutes, section 239.101, subdivision 3, to the Weights and Measures Division
55.22of the Department of Commerce. All additional funding appropriated to the Weights and
55.23Measures Division under this proposal must be used for increased and enhanced fuel
55.24quality assurance enforcement activities and equipment and for educational activities
55.25focused on the handling, distribution, and use of biodiesel fuel.
55.26 Sec. 68. TECHNICAL COLD WEATHER ISSUES.
55.27 The commissioners of agriculture and commerce shall consult with stakeholders
55.28who are technical experts in cold weather biodiesel and petroleum diesel issues to
55.29consider and make recommendations regarding improvements in the production, blending,
55.30handling, and distribution of biodiesel blends to further ensure the performance of these
55.31fuels in cold weather. The commissioners shall issue a report on these issues by February
55.3215, 2009, to the chairs and ranking minority members of the legislature with jurisdiction
55.33over agriculture and commerce policy and finance.
56.1 Sec. 69. BIOBASED DIESEL ALTERNATIVES.
56.2 By January 15, 2011, the commissioners of agriculture, commerce, and pollution
56.3control shall consult with a broad range of stakeholders with technical expertise to
56.4develop and present recommendations to the NextGen Energy Board and to the chairs and
56.5ranking minority members of the Environment, Agriculture, Transportation, and Energy
56.6Policy and Finance Committees for the use of biobased diesel alternatives in the state,
56.7after reviewing the technology, economics, and operational characteristics associated
56.8with their use. For the purposes of this section, "biobased diesel alternatives" means
56.9alternatives to petroleum diesel fuel that are warrantied for use in a standard diesel engine
56.10without modification and derived from a biological resource. The commissioners may
56.11not recommend the use of a biobased diesel alternative for which an ASTM specification
56.12has not been developed, and which does not provide at least the equivalent environmental
56.13emissions benefits and local economic development potential as biodiesel produced using
56.14feedstocks grown or raised in the United States and Canada.
56.15 Sec. 70. 2008 FAMILY MOTOR COACH ASSOCIATION EVENT.
56.16 For the 2008 Family Motor Coach Association event held on the State Fair grounds,
56.17the fee the State Agricultural Society must obtain for expansion of the recreational
56.18camping area license, as required in Minnesota Statutes, section 327.15, shall be 50
56.19percent of the primary license fee prescribed in Minnesota Rules, part 4630.2000.
56.20 Sec. 71. VIRAL HEMORRHAGIC SEPTICEMIA TESTING.
56.21 The commissioner of natural resources shall form a work group with the
56.22commissioners of agriculture and health and develop a plan for detecting and responding
56.23to the presence of the fish virus Viral Hemorrhagic Septicemia (VHS) in Minnesota. The
56.24plan must cover how the joint laboratory facility at the Departments of Agriculture and
56.25Health may be used to provide testing needed to diagnose and respond to VHS. No later
56.26than January 5, 2009, the commissioner of natural resources shall present the plan to
56.27the chairs of the house and senate committees with jurisdiction over agriculture, health,
56.28and natural resources policy and finance.
56.29 Sec. 72. NEXTGEN 2007 APPROPRIATION MODIFICATION.
56.30 Up to $300,000 of the amount appropriated to the commissioner of agriculture for
56.31bioenergy grants under Laws 2007, chapter 45, article 1, section 3, subdivision 4, is for
56.32cold weather biodiesel blending infrastructure grants to facilities that serve Minnesota.
57.1 Sec. 73. 2007 APPROPRIATION MODIFICATION.
57.2 The commissioner may use up to $100,000 of the amount appropriated for dairy
57.3development and profitability enhancement and dairy business planning grants in fiscal
57.4year 2009 under Laws 2007, chapter 45, article 1, section 3, subdivision 5, for activities
57.5related to marketing, business planning, and educational efforts to assist all livestock
57.6operations located within a bovine tuberculosis modified accredited zone, as designated by
57.7the United States Department of Agriculture.
57.10 Section 1. Minnesota Statutes 2006, section 13.785, is amended by adding a
57.11subdivision to read:
57.12 Subd. 4. Deceased veterans data. Data relating to veterans deceased as a result of
57.13service-connected causes are classified under section 197.225.
57.14EFFECTIVE DATE.This section is effective the day following final enactment.
57.15 Sec. 2. Minnesota Statutes 2006, section 168.1255, subdivision 1, is amended to read:
57.16 Subdivision 1. General requirements and procedures. The commissioner shall
57.17issue special veteran contribution plates or a single motorcycle plate to an applicant who:
57.18 (1) is a veteran, as defined in section
57.19 (2) is a registered owner of a passenger automobile or motorcycle;
57.20 (3) pays a fee of $10 to cover the costs of handling and manufacturing the plates;
57.21 (4) pays the registration tax required under section
57.22 (5) pays the fees required under this chapter;
57.23 (6) pays an additional onetime World War II memorial contribution of $30, which
57.24the department shall retain until all start-up costs associated with the development and
57.25issuing of the plates have been recovered, after which the commissioner shall deposit
57.26contributions in the World War II donation match account; and
57.27 (7) complies with this chapter and rules governing the registration of motor vehicles
57.28and licensing of drivers.
57.29 Sec. 3. Minnesota Statutes 2006, section 168.1255, is amended by adding a subdivision
57.31 Subd. 1a. Motorcycle plate. A motorcycle plate issued under this section must be
57.32the same size as a regular motorcycle plate.
58.1 Sec. 4. Minnesota Statutes 2006, section 168.1255, subdivision 3, is amended to read:
58.2 Subd. 3. Plate transfers. Despite section
58.3transfer fee of $5, plates issued under this section may be transferred to another passenger
58.4automobile registered to the individual to whom the veteran contribution plates were
58.5issued, or a single motorcycle plate may be transferred to another motorcycle registered to
58.6the individual to whom the plate was issued.
58.7 Sec. 5. Minnesota Statutes 2006, section 168.1255, is amended by adding a subdivision
58.9 Subd. 6. World War II memorial donation match account. Money remaining
58.10in the World War II memorial donation match account after the state share of the
58.11construction costs of the World War II memorial has been paid in full is appropriated to the
58.12commissioner of veterans affairs for services and programs for veterans and their families.
58.13 Sec. 6. [192.056] PROTECTION OF RESERVIST-OWNED BUSINESS DURING
58.15 Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this
58.17 (b) "Active service" has the meaning given in section 190.05, subdivision 5.
58.18 (c) "Business" means a business wholly owned by a qualified service member, or
58.19jointly by the member and the member's spouse, irrespective of whether the business
58.20is a sole proprietorship, corporation, limited liability company, partnership, limited
58.21partnership, or other type of business entity.
58.22 (d) "Qualified service member" means a Minnesota resident who is serving
58.23honorably as a member of the Minnesota National Guard or any other military reserve
58.24unit of the United States armed forces who has been ordered into active service for a
58.25period of 60 days or longer.
58.26 Subd. 2. Protection provided. (a) Notwithstanding any other law or rule to the
58.27contrary, the business of a qualified service member may be exempted from civil court
58.28proceedings for part or all of the period of the member's active military service and for up
58.29to 60 days thereafter, as provided in this section.
58.30 (b) If the business of a qualified service member is a defendant in a civil action, the
58.31court may, on its own motion, grant a stay in the proceedings for a minimum of 60 days.
58.32The court, on its own motion, may renew the stay as the court considers appropriate. If the
58.33qualified service member petitions the court in any manner for a stay, the court must grant
58.34a stay for a minimum of 60 days, provided that:
59.1 (1) the service member submits to the court a letter or other communication setting
59.2forth facts stating the manner in which current military duty requirements materially affect
59.3the service member's ability to appear or otherwise participate in the proceedings, and
59.4stating a date when the service member will be available to appear or otherwise participate
59.5in the proceedings; and
59.6 (2) the service member submits a letter or other communication from the service
59.7member's commanding officer stating that the service member's current military duty
59.8prevents appearance and that military leave is not authorized for the service member
59.9at the time of the letter.
59.10 (c) A service member's communication with the court requesting a stay does not
59.11constitute an appearance for jurisdictional purposes and does not constitute a waiver of
59.12any substantive or procedural defense, including a defense relating to lack of personal
59.14 (d) A qualified service member who is granted a stay in the action or proceedings
59.15against the member's business may in any manner request from the court an additional
59.16stay, which the court may grant if the service member can show to the satisfaction of
59.17the court that the member's military requirements affect the member's ability to appear.
59.18However, the court is not obligated to grant the additional stay. If the court refuses to
59.19grant an additional stay, the court must provide the service member with information
59.20enabling the service member to acquire qualified legal counsel, at the service member's
59.21discretion, for defending the action.
59.22 (e) If a default judgment is entered in a civil action against the business of a qualified
59.23service member during the service member's period of active military service, or within 60
59.24days following termination of or release from the active military service, the court entering
59.25the judgment must, upon application by or on behalf of the service member, reopen the
59.26judgment for the purpose of allowing the member to defend the action if it appears that:
59.27 (1) the service member was materially affected by reason of that military service in
59.28making a defense to the action; and
59.29 (2) the service member has a meritorious or legal defense to the action or some
59.30part of it.
59.31EFFECTIVE DATE.This section is effective July 1, 2008, and applies to civil
59.32court actions pending or initiated on or after that date.
59.33 Sec. 7. Minnesota Statutes 2006, section 192.20, is amended to read:
59.34192.20 BREVET RANK.
60.1 Subdivision 1. Personnel eligible for brevet promotion. (a) Officers, warrant
60.2officers, and enlisted persons of the National Guard who have, after ten years active
60.3service, resigned or retired for physical disability or otherwise, may in the discretion of the
60.4commander-in-chief, on the recommendation of the adjutant general, be commissioned
60.5by brevet, in the next higher grade than that held by them at the time of their resignation
60.7 (b) Officers, warrant officers, or enlisted persons of the National Guard who die
60.8while in state or federal active service, as defined in section 190.05, or former officers,
60.9warrant officers, or enlisted persons of the National Guard who die as a result of injuries
60.10or other conditions incurred or aggravated while in such service may, in the discretion of
60.11the commander-in-chief, on the recommendation of the adjutant general, be commissioned
60.12by brevet, in the next higher grade than that held by them at the time of their death.
60.13 (c) If a service member is wounded or killed after a battlefield commission has
60.14been approved and was pending, or if a service member was enrolled in an officer
60.15commissioning program at the time of injury or death, the person may be breveted at the
60.16rank of second lieutenant or ensign, as appropriate, following separation or discharge
60.17from military service.
60.18 Subd. 2. Effect of brevet rank. Brevet rank shall be considered strictly honorary
60.19and shall confer no privilege of precedence or command, nor pay any emoluments. Brevet
60.20officers, warrant officers, and enlisted persons may wear the uniform of their brevet grade
60.21on occasions of ceremony.
60.22EFFECTIVE DATE.This section is effective the day following final enactment.
60.23 Sec. 8. [192.325] DISCRIMINATION AGAINST FAMILY OF SERVICE
60.24MEMBER; UNPAID LEAVE REQUIRED.
60.25 An employer may not:
60.26 (1) discharge from employment or take adverse employment action against any
60.27employee because of the membership of that employee's spouse, parent, or child in the
60.28military forces of the United States, of this state, or any other state; or
60.29 (2) discharge from employment, take adverse employment action against, or
60.30otherwise hinder an employee from attending the following kinds of events relating to the
60.31military service of the employee's spouse, parent, or child and to which the employee is
60.32invited or otherwise called upon to attend by proper military authorities:
60.33 (i) departure or return ceremonies for deploying or returning military personnel
60.35 (ii) family training or readiness events sponsored or conducted by the military; and
61.1 (iii) events held as part of official military reintegration programs.
61.2 The employee must provide reasonable notice to the employer when requesting
61.3time off, and the employer must provide a reasonable amount of nonpaid time off for the
61.4employee, for the purposes enumerated in items (i) to (iii), not to exceed two consecutive
61.5days or six days in a calendar year. The employer must not compel the employee to use
61.6accumulated but unused vacation for these events.
61.7 Section 645.241 does not apply to this section.
61.8EFFECTIVE DATE.This section is effective August 1, 2008, and applies to
61.9employment action occurring on or after that date.
61.10 Sec. 9. Minnesota Statutes 2006, section 196.021, is amended to read:
61.11196.021 DEPUTY COMMISSIONERS; DUTIES.
61.12 Subdivision 1. Appointment. The commissioner shall appoint a deputy
61.13commissioner for veteran services
61.18of Minnesota, citizens of the United States, and veterans as defined in section
61.19 Subd. 2.
61.20commissioner for veteran services
61.21care have those powers delegated by the commissioner
61.24by the commissioner, and filed with the secretary of state.
61.25 Sec. 10. Minnesota Statutes 2006, section 196.03, is amended to read:
61.26196.03 OFFICERS AND EMPLOYEES.
61.28shall be appointed by the commissioner and they shall perform such duties as may be
61.29assigned to them by the commissioner.
61.30 Sec. 11. [196.30] VETERANS HEALTH CARE ADVISORY COUNCIL.
61.31 Subdivision 1. Creation. The Veterans Health Care Advisory Council is established
61.32to provide the Department of Veterans Affairs with advice and recommendations on
62.1providing veterans with quality long-term care and the anticipated future needs of
62.3 Subd. 2. Membership. (a) The council consists of nine public members appointed
62.4by the governor. The council members are:
62.5 (1) seven members with extensive expertise in health care delivery, long-term care,
62.6and veterans services;
62.7 (2) one licensed clinician who may be either a physician, physician's assistant, or
62.8a nurse practitioner; and
62.9 (3) one additional member.
62.10 (b) The governor shall designate a member to serve as the chair.
62.11 (c) The commissioner of veterans affairs, or the commissioner's designee, is an ex
62.12officio, nonvoting member of the council and shall provide necessary and appropriate
62.13administrative and technical support to the council.
62.14 (d) Membership terms, removal of members, and the filling of vacancies are as
62.15provided in section 15.059, subdivisions 2 and 4. Members shall not receive compensation
62.16or per diem payments, but may receive reimbursement for expenses pursuant to section
62.1715.059, subdivision 3.
62.18 Subd. 3. Duties. The council is an advisory group with the responsibility of
62.19providing the commissioner of veterans affairs with information and professional expertise
62.20on the delivery of quality long-term care to veterans. The council's duties include:
62.21 (1) developing a new vision and strategic plan for the veterans homes that
62.22complements the Department of Veterans Affairs overall veterans service programs;
62.23 (2) providing recommendations and advice on matters including clinical
62.24performance, systemwide quality improvement efforts, culture and working environment
62.25of the veterans homes, and other operational and organizational functions of the veterans
62.27 (3) studying and reviewing current issues and trends in the long-term care industry
62.28and the veterans community;
62.29 (4) providing recommendations to the commissioner on alternative options for the
62.30delivery of long-term care to veterans so that veterans and their families can determine
62.31appropriate services under models similar to those available in the community;
62.32 (5) establishing, as appropriate, subcommittees or ad hoc task forces of council
62.33members, stakeholders, and other individuals with expertise or experience to address
62.34specific issues; and
62.35 (6) reviewing and providing advice on any other matter at the request of the
63.1 Subd. 4. Expiration. Notwithstanding section 15.059, subdivision 4, the council
63.2expires June 30, 2013.
63.3 Sec. 12. [197.225] LIST OF DECEASED MILITARY PERSONNEL.
63.4 (a) The commissioner of veterans affairs shall collect and maintain data about
63.5Minnesota residents who have died of service-connected causes while serving in the
63.6United States armed forces. The data may include deceased service members who are
63.7the immediate family members of Minnesota residents, but who themselves were not
63.8Minnesota residents at the time of death. The commissioner shall collect the following
63.9data: the individual's full name, military rank, branch of service, age at the time of death,
63.10and Minnesota hometown or if not a Minnesota resident at the time of death, the service
63.11member's home state.
63.12 (b) Data collected pursuant to this section are nonpublic data, but may be
63.13disseminated to the individual's next of kin, and for ceremonial or honorary purposes to
63.14veterans' organizations, civic organizations, the news media, and researchers. No other
63.15use or dissemination of the data is permitted.
63.16 (c) The next of kin of a veteran whose data is collected may request that the data
63.17not be disseminated for any purpose. Upon receiving such a request, the Department of
63.18Veterans Affairs must exclude the deceased veteran's data from any data disseminated for
63.19ceremonial or honorary purposes as permitted by paragraph (b).
63.20 (d) Data collected pursuant to this section shall not be indicative of any person's
63.21status with regard to qualification for veterans benefits or other benefits.
63.22EFFECTIVE DATE.This section is effective the day following final enactment.
63.23 Sec. 13. Minnesota Statutes 2006, section 197.236, is amended to read:
63.25 Subd. 3. Operation and maintenance. The commissioner of veterans affairs shall
63.26supervise and control the veterans
63.27cemeteries are to be maintained and operated in accordance with the operational standards
63.28and measures of the National Cemetery Administration. The commissioner may contract
63.29for the maintenance
63.30and support necessary for maintenance and operation of the
63.31included in the department's budget.
63.32 Subd. 5. Rules. The commissioner of veterans affairs may adopt rules regarding the
63.33operation of the
64.1upright granite markers supplied by the United States Department of Veterans Affairs be
64.2used to mark all gravesites.
64.3 Subd. 6. Permanent development and maintenance account. A veterans
64.4cemetery development and maintenance account is established in the special revenue
64.5fund of the state treasury. Receipts for burial fees,
64.7other cemetery receipts must be deposited into this account. The money in the account,
64.8including interest earned, is appropriated to the commissioner to be used for the
64.9development, operation, maintenance, and improvement of the
64.10To the extent practicable, the commissioner of veterans affairs must apply for available
64.12improve the cemeteries.
64.19 Subd. 8. Eligibility.
64.21solely for the burial of service members who die on active duty, eligible veterans, and
64.22their spouses and dependent children, as defined in United States Code, title 38, section
64.23101, paragraph (2).
64.24 Subd. 9. Burial fees. The commissioner of veterans affairs shall establish a fee
64.25schedule, which may be adjusted from time to time, for the interment of eligible
64.27the actual costs of interment, excluding the value of the plot.
64.30in the case of an indigent eligible person.
64.31 No plot or interment fees may be charged for the burial of
64.35service members who die on active duty or eligible veterans, as defined in United States
64.36Code, title 38, section 101, paragraph (2).
65.11 Subd. 11. Plot allowance claims. The commissioner of veterans affairs must apply
65.12to the Veterans Benefits Administration for a plot or interment allowance payable to the
65.13state for expenses incurred by the state in the burial of eligible veterans in cemeteries
65.14owned and operated by the state if the burial is performed at no cost to the veteran's
65.15next of kin.
65.16 Subd. 12. No staff. No staff may be hired for any new veterans cemetery without
65.17explicit legislative approval.
65.18 Sec. 14. Minnesota Statutes 2007 Supplement, section 197.791, subdivision 1, is
65.19amended to read:
65.20 Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this
65.22 (b) "Commissioner" means the commissioner of veterans affairs, unless otherwise
65.24 (c) "Cost of attendance" for
65.25meaning given in section
65.27subdivision 6, multiplied by a factor of 1.2, using the tuition and fee maximum established
65.28by law for four-year programs
65.30the cost of attendance for graduate students, full time is eight credits or more per term or
65.32 (d) "Child" means a natural or adopted child of a person described in subdivision 4,
65.33paragraph (a), clause (1), item (i) or (ii).
66.1 (e) "Eligible institution" means a postsecondary institution under section
66.2subdivision 4, or a graduate school licensed or registered with the state of Minnesota
66.3serving only graduate students.
66.4 (f) "Program" means the Minnesota GI Bill program established in this section,
66.5unless otherwise specified.
66.6 (g) "Time of hostilities" means any action by the armed forces of the United States
66.7that is recognized by the issuance of a presidential proclamation or a presidential executive
66.8order in which the armed forces expeditionary medal or other campaign service medals
66.9are awarded according to presidential executive order, and any additional period or place
66.10that the commissioner determines and designates, after consultation with the United States
66.11Department of Defense, to be a period or place where the United States is in a conflict that
66.12places persons at such a risk that service in a foreign country during that period or in that
66.13place should be considered to be included.
66.14 (h) "Veteran" has the meaning given in section
66.15a service member who has received an honorable discharge after leaving each period of
66.16federal active duty service and has:
66.17 (1) served 90 days or more of federal active duty in a foreign country during a time
66.18of hostilities in that country; or
66.19 (2) been awarded any of the following medals:
66.20 (i) Armed Forces Expeditionary Medal;
66.21 (ii) Kosovo Campaign Medal;
66.22 (iii) Afghanistan Campaign Medal;
66.23 (iv) Iraq Campaign Medal;
66.24 (v) Global War on Terrorism Expeditionary Medal; or
66.25 (vi) any other campaign medal authorized for service after September 11, 2001; or
66.27foreign country during a time of hostilities in that country.
66.28A service member who has fulfilled the requirements for being a veteran under this
66.29paragraph but is still serving actively in the United States armed forces is also a veteran
66.30for the purposes of this section.
66.31 Sec. 15. Minnesota Statutes 2007 Supplement, section 197.791, subdivision 4, is
66.32amended to read:
66.33 Subd. 4. Eligibility. (a) A person is eligible for educational assistance under this
66.35 (1) the person is:
67.1 (i) a veteran who is serving or has served honorably in any branch or unit of the
67.2United States armed forces at any time on or after September 11, 2001;
67.3 (ii) a nonveteran who has served honorably for a total of five years or more
67.4cumulatively as a member of the Minnesota National Guard or any other active or reserve
67.5component of the United States armed forces, and any part of that service occurred on or
67.6after September 11, 2001;
67.7 (iii) the surviving spouse or child of a person who has served in the military at any
67.8time on or after September 11, 2001, and who has died as a direct result of that military
67.10 (iv) the spouse or child of a person who has served in the military at any time on or
67.11after September 11, 2001, and who has a total and permanent service-connected disability
67.12as rated by the United States Veterans Administration;
67.17defined in section
67.19 (i) is an undergraduate or graduate student at an eligible institution;
67.20 (ii) is maintaining satisfactory academic progress as defined by the institution for
67.21students participating in federal Title IV programs;
67.22 (iii) is enrolled in an education program leading to a certificate, diploma, or degree
67.23at an eligible institution;
67.24 (iv) has applied for educational assistance under this section prior to the end of the
67.25academic term for which the assistance is being requested;
67.26 (v) is in compliance with child support payment requirements under section
67.31 (b) A person's eligibility terminates when the person becomes eligible for benefits
67.33 (c) To determine eligibility, the commissioner may require official documentation,
67.34including the person's federal form DD-214 or other official military discharge papers;
67.35correspondence from the United States Veterans Administration; birth certificate; marriage
67.36certificate; proof of enrollment at an eligible institution; signed affidavits; proof of
68.1residency; proof of identity; or any other official documentation the commissioner
68.2considers necessary to determine eligibility.
68.3 (d) The commissioner may deny eligibility or terminate benefits under this section
68.4to any person who has not provided sufficient documentation to determine eligibility for
68.5the program. An applicant may appeal the commissioner's eligibility determination or
68.6termination of benefits in writing to the commissioner at any time. The commissioner
68.7must rule on any application or appeal within 30 days of receipt of all documentation that
68.8the commissioner requires. The decision of the commissioner regarding an appeal is final.
68.9However, an applicant whose appeal of an eligibility determination has been rejected by
68.10the commissioner may submit an additional appeal of that determination in writing to the
68.11commissioner at any time that the applicant is able to provide substantively significant
68.12additional information regarding the applicant's eligibility for the program. An approval
68.13of an applicant's eligibility by the commissioner following an appeal by the applicant is
68.14not retroactively effective for more than one year or the semester of the person's original
68.15application, whichever is later.
68.16 (e) Upon receiving an application with insufficient documentation to determine
68.17eligibility, the commissioner must notify the applicant within 30 days of receipt of the
68.18application that the application is being suspended pending receipt by the commissioner of
68.19sufficient documentation from the applicant to determine eligibility.
68.20 Sec. 16. Minnesota Statutes 2007 Supplement, section 197.791, subdivision 5, is
68.21amended to read:
68.22 Subd. 5. Benefit amount. (a) On approval by the commissioner of eligibility for
68.23the program, the applicant shall be awarded, on a funds-available basis, the educational
68.24assistance under the program for use at any time according to program rules at any
68.26 (b) The amount of educational assistance in any semester or term for an eligible
68.27person must be determined by subtracting from the eligible person's cost of attendance the
68.28amount the person received or was eligible to receive in that semester or term from:
68.29 (1) the federal Pell Grant;
68.30 (2) the state grant program under section
68.31 (3) any federal military or veterans educational benefits including but not limited
68.32to the Montgomery GI Bill, GI Bill Kicker, the federal tuition assistance program,
68.33vocational rehabilitation benefits, and any other federal benefits associated with the
68.34person's status as a veteran, except veterans disability payments from the United States
69.1 (c) The amount of educational assistance for any eligible person who is a full-time
69.2student must not exceed the following:
69.3 (1) $1,000 per semester or term of enrollment;
69.5 (3) $10,000 in a lifetime.
69.6For a part-time student, the amount of educational assistance must not exceed $500
69.7per semester or term of enrollment. For the purpose of this paragraph, a part-time
69.8undergraduate student is a student taking fewer than 12 credits or the equivalent for a
69.9semester or term of enrollment and a part-time graduate student is a student considered
69.10part time by the eligible institution the graduate student is attending. The minimum award
69.11for undergraduate and graduate students is $50 per term.
69.12 Sec. 17. Minnesota Statutes 2006, section 198.32, subdivision 1, is amended to read:
69.13 Subdivision 1. Resident's rights. A resident of a Minnesota veterans home has the
69.14right to complain and otherwise exercise freedom of expression and assembly which is
69.15guaranteed by amendment I of the United States Constitution. The administrator of the
69.16home shall inform each resident in writing at the time of admission of the right to complain
69.17to the administrator about home accommodations and services. A notice of the right to
69.18complain shall be posted in the home. The administrator shall also inform each resident of
69.19the right to complain to the
69.20of a home shall be encouraged and assisted, throughout the period of stay in the home, to
69.21understand and exercise the rights of freedom of expression and assembly as a resident
69.22and as a citizen, and, to this end, the resident may voice grievances and recommend
69.23changes in policies and services to home staff, other residents, and outside representatives
69.24of the resident's choice, free from restraint, interference, coercion, discrimination, or
69.25reprisal, including retaliatory eviction.
69.26 Sec. 18. RULES TRANSFER.
69.27 Minnesota Rules, chapter 9050, is transferred from the Veterans Homes Board of
69.28Directors to the commissioner of veterans affairs. The commissioner shall administer and
69.29enforce those rules and may amend or repeal them.
69.30 Sec. 19. APPOINTMENTS.
69.31 Notwithstanding Minnesota Statutes, section 196.30, subdivision 2, paragraph (d),
69.32the governor may make the initial appointments to the Veterans Health Care Advisory
70.1Council under Executive Order 07-20 without complying with the appointment process in
70.2Minnesota Statutes, section 15.0597.
70.3 Sec. 20. OMBUDSMAN FOR VETERANS HOME RESIDENTS.
70.4 The ombudsman required under Laws 2007, chapter 45, article 2, section 1,
70.5paragraph (j), must attend all meetings of the Veterans Health Care Advisory Council
70.6established in new Minnesota Statutes, section 196.30.
70.7EFFECTIVE DATE.This section is effective the day following final enactment.
70.8 Sec. 21. TRANSFER OF FUNDS IN VETERANS CEMETERY TRUST
70.10 Notwithstanding Minnesota Statutes, section 16A.62, on June 30, 2008, all money in
70.11the veterans cemetery trust account in the special revenue fund established in Minnesota
70.12Statutes, section 197.236, subdivision 7, must be transferred to the permanent development
70.13and maintenance account in the special revenue fund under Minnesota Statutes, section
70.14197.236, subdivision 6.
70.15 Sec. 22. STATE VETERANS CEMETERY STUDY.
70.16 The commissioner of veterans affairs shall evaluate the status of and need for
70.17additional veterans cemeteries in the state, including consideration of a new veterans
70.18cemetery in southern Minnesota. By January 15, 2009, the commissioner shall report
70.19the findings of the study to the chairs and ranking minority members of the legislative
70.20committees with jurisdiction over veterans policy and finance.
70.21 Sec. 23. PARTNERING IN DELIVERY OF VETERANS SERVICES.
70.22 The commissioner of veterans affairs must seek input from a broad range of
70.23experienced nongovernmental social service and health care providers, including both
70.24secular and faith-based service organizations, from throughout the state regarding the
70.25feasibility of public-private collaboration in providing services to Minnesota Veterans.
70.26The services may include home health care, psychological counseling, life-skills
70.27rehabilitation counseling, home hospice care, respite care, and other types of home-based
70.28health care as judged necessary by the commissioner to enable veterans to recover from
70.29service-connected injuries, illnesses, and disabilities. The commissioner must report to
70.30the legislature by January 15, 2009, with findings and recommendations for establishing
70.31the service-delivery partnerships.
71.1 Sec. 24. VETERANS AFFAIRS STRATEGIC PLANNING GROUP.
71.2 (a) By January 15, 2009, the Department of Veterans Affairs Strategic Planning
71.3Group shall report to the chairs and ranking minority members of the house and the
71.4senate committees with jurisdiction over veterans affairs policy and finance the group's
71.5recommendations for the Minnesota Veterans Home at Minneapolis, based on specific
71.6additional analysis of the projected capital, maintenance, and operating costs of that home,
71.7including an assessment of the feasibility of alternative operational models at that home
71.8or at alternative or additional state veterans home locations within the seven-county
71.9metropolitan area. The group must include the likelihood and projected amount of any
71.10cost-savings that could result from the demolition or remodeling and conversion of
71.11some of the infrastructure of the current campus for alternative uses and other pertinent
71.12items, such as:
71.13 (1) construction of rental housing for veterans and family members of veterans
71.14receiving medical care at the nearby US/VA Medical Center or other nearby medical
71.16 (2) conducting a land use study including a highest and best use analysis for the
71.17existing site and all improvements;
71.18 (3) investigating opportunities for public/private partnerships in strategic land
71.20 (4) any other purpose judged feasible by the strategic planning group.
71.21 (b) When formulating the recommendations on the matters in paragraph (a), the
71.22Department of Veterans Affairs Strategic Planning Group must consult with the following
71.23individuals or their designees:
71.24 (1) the chairs and ranking minority members of the house and senate committees
71.25with jurisdiction over veterans affairs policy and finance;
71.26 (2) the president and legislative chairperson of the Minnesota Association of County
71.27Veterans Service Officers;
71.28 (3) the chair of the Commanders Task Force of Minnesota's congressionally
71.29chartered veterans service organizations;
71.30 (4) two members each from the Minnesota departments of the American Legion, the
71.31Veterans of Foreign Wars, and the Disabled American Veterans with at least one member
71.32from each organization coming from a rural area;
71.33 (5) the United Veterans Legislative Council;
71.34 (6) the Adjutant General of the Minnesota National Guard;
71.35 (7) the director of the Veterans Health Care Advisory Council;
71.36 (8) a representative from the United States Department of Veterans Affairs;
72.1 (9) representative residents of the Minnesota Veterans Homes and their families;
72.2 (10) representatives of the Minneapolis delegation in the Minnesota house and
72.4 (11) representative residents of the Minnesota Veterans Home at Minneapolis and
72.6 (12) the mayor of Minneapolis;
72.7 (13) the Minneapolis city planner;
72.8 (14) the chair of the Metropolitan Council;
72.9 (15) the director of the Minnesota Inter-County Association; and
72.10 (16) the director of the Association of Minnesota Counties.
72.11 Sec. 25. CONSTRUCTION PROJECT PRIORITY LISTING STATUS.
72.12 In accordance with completed predesign documents, veterans population surveys,
72.13and the 2008 department construction project priority listing, the commissioner of
72.14veterans affairs shall continue to plan, develop, and pursue federal funding and other
72.15resources for the construction of projects on the listing. In consultation with the Veterans
72.16Affairs Strategic Planning Group and the Veterans Health Care Advisory Council, the
72.17commissioner must consider possible options for treatment, including, but not limited to,
72.18traumatic brain injury, posttraumatic stress disorder, and psycho-geriatric care. By January
72.1915, 2009, the commissioner shall report to the chairs and ranking minority members of the
72.20legislative committees with jurisdiction over veterans homes policy and finance regarding
72.21the status of the department construction project priority listing and the activities required
72.22under this section.
72.23 Sec. 26. COUNTY VETERANS SERVICES WORKING GROUP.
72.24 Subdivision 1. Creation. The County Veterans Services Working Group shall
72.25consist of the following 13 members:
72.26 (1) two senators, including one member from the majority party and one member
72.27from the minority party, appointed by the Subcommittee on Committees of the Committee
72.28on Rules and Administration of the senate;
72.29 (2) two members of the house of representatives, one member from the majority
72.30party and one member from the minority party, appointed by the speaker of the house;
72.31 (3) the commissioner and two deputy commissioners of the Minnesota Department
72.32of Veterans Affairs (MDVA), or the commissioner's designees;
72.33 (4) the president, vice president, and legislative chair person of the Minnesota
72.34Association of County Veterans Service Officers (CVSOs);
73.1 (5) the chair of the Commanders Task Force of Minnesota's congressionally-chartered
73.2veterans service organizations, or the chair's designee;
73.3 (6) one person from the Minnesota Inter-County Association (MICA), as designated
73.4by the association board; and
73.5 (7) one person from the Association of Minnesota Counties (AMC), as designated
73.6by the association board.
73.7 Subd. 2. Duties. The working group must meet periodically to review the findings
73.8and recommendations of the 2008 report of the Office of the Legislative Auditor (OLA)
73.9on Minnesota's county veterans service offices, and make written recommendations to the
73.10legislature regarding whether and how each of that report's recommendations should be
73.11implemented. The working group may also provide additional recommendations on how
73.12to enhance the current services provided by the county veteran service offices.
73.13 The working group may suggest draft legislation for legislative consideration. By
73.14January 15, 2009, the working group must report its proposed recommendations to the
73.15chairs of the senate and house committees with jurisdiction over veterans affairs, state
73.16governmental operations, and local government affairs.
73.17 Subd. 3. Administrative provisions. (a) The commissioner of veterans affairs, or
73.18the commissioner's designee, must convene the initial meeting of the working group.
73.19Upon request of the working group, the commissioner must provide meeting space and
73.20administrative services for the group. The members of the working group must elect a
73.21chair or co-chairs from the legislative members of the working group at the initial meeting.
73.22Each subsequent meeting is at the call of the chair or co-chairs.
73.23 (b) Public members of the working group serve without special compensation or
73.24special payment of expenses from the working group.
73.25 (c) The working group expires on June 30, 2009, unless an extension is authorized
73.26by law by that date.
73.27 Subd. 4. Deadline for appointments and designations. The appointments and
73.28designations authorized by this section must be completed by August 1, 2008. The
73.29working group must convene its initial meeting no later than September 1, 2008.
73.30EFFECTIVE DATE.This section is effective the day following final enactment.
73.31 Sec. 27. STUDY OF VETERANS EMPLOYMENT IN STATE GOVERNMENT.
73.32 (a) By October 1, 2008, each appointing authority in the executive branch of state
73.33government, including the Minnesota State Colleges and Universities, must report to the
73.34commissioner of finance on the incidence of employment, recruitment, retention, and
73.35retirement of veterans in their nonelected workforce for fiscal year 2008. The report
74.1must be made in a manner approved by the commissioner, and for each separate hiring
74.2unit must include tabulation by age category and length of state employment in the
74.3executive branch, including the state college and university system. Each executive branch
74.4appointing authority must also report specific veteran employment data requested by the
74.5commissioner as of June 30, 2008, June 30, 2001, and an earlier date if judged feasible
74.6by the commissioner. By January 15, 2009, the commissioner must submit a report on
74.7the employment of veterans in the executive branch to the chairs of the house and senate
74.8policy and finance committees having jurisdiction over veterans affairs. The report must
74.9present and analyze the data obtained in this paragraph.
74.10 (b) By October 1, 2008, the judicial branch of state government must report to
74.11the chairs of the house and senate policy and finance committees having jurisdiction
74.12over veterans affairs the number of veterans employed in the judicial branch nonelective
74.13workforce on June 30, 2008, based on self-reporting of veteran status. For each separate
74.14hiring unit, the data must include tabulation by age category and length of state
74.15employment in the judicial branch.
74.16 (c) By October 1, 2008, the house of representatives, the senate, and the Legislative
74.17Coordinating Commission on behalf of joint legislative offices and commissions, must
74.18report to the chairs of the house and senate policy and finance committees having
74.19jurisdiction over veterans affairs the number of veterans employed in their nonelective
74.20workforce on June 30, 2008, based on self-reporting of veteran status. For each separate
74.21hiring unit, the data must include tabulation by age category and length of state
74.22employment in the legislative branch.
74.23 (d) For purposes of this section, "veteran" has the meaning given in Minnesota
74.24Statutes, section 197.447.
74.25EFFECTIVE DATE.This section is effective the day following final enactment.
74.26 Sec. 28. WORLD WAR II SERVICE MEDALLIONS; APPROPRIATION.
74.27 Subdivision 1. Medallions. By July 1, 2008, the commissioner of veterans
74.28affairs must notify veterans organizations that include veterans of World War II in their
74.29membership of the opportunity under this section for surviving individual veterans of
74.30World War II to obtain commemorative medallions recognizing their service in the
74.31United States armed forces during World War II. The commissioner shall establish the
74.32service criteria necessary to obtain a medallion and the cost of each medallion. Veterans
74.33organizations may collect and contribute money on behalf of their surviving individual
74.34members who meet the service criteria. No later than September 1, 2008, the organizations
75.1may submit the names of qualifying individuals and provide money to pay for the cost
75.2of the medallions to the commissioner. By October 15, 2008, the commissioner shall
75.3distribute the medallions to organizations for distribution to the qualifying individuals.
75.4 Subd. 2. Appropriation. Money received by the commissioner under this section is
75.5appropriated to the commissioner for the purposes of this section.
75.6 Sec. 29. REVISOR'S INSTRUCTION.
75.7 (a) The revisor shall change "board," "board of directors," or "Veterans Homes
75.8Board of Directors" to "commissioner" wherever it is used in Minnesota Statutes, sections
75.9198.003; 198.005; 198.006; 198.007; 198.022; 198.03; 198.05; 198.065; 198.066; 198.16;
75.10198.23; 198.261; 198.265; 198.266; 198.31; 198.33; 198.34; 198.35; 198.36; and 198.37;
75.11and shall change "board rules" to "rules adopted under this chapter" wherever it appears in
75.12Minnesota Statutes, sections 198.007 and 198.022.
75.13 (b) In Minnesota Rules, chapter 9050, the revisor shall:
75.14 (1) change the terms "executive director," "executive director of the board,"
75.15"executive director of the Veterans Homes Board," "Minnesota Veterans Homes Board,"
75.16and "board" to "commissioner of veterans affairs" except where the term "board" is used
75.17with a different meaning in Minnesota Rules, part 9050.0040, subpart 16;
75.18 (2) change the term "board-operated facility" to "facility operated by the
75.19commissioner of veterans affairs" and change the term "non-board-operated facility" to
75.20"facility not operated by the commissioner of veterans affairs";
75.21 (3) change the term "board-approved" to "approved by the commissioner of veterans
75.23 (4) eliminate the term "board" where it is used in the third paragraph of Minnesota
75.24Rules, part 9050.1070, subpart 9.
75.25 (c) The revisor shall change any of the terms in paragraph (a) or (b) to "commissioner
75.26of veterans affairs" if they are used to refer to the Veterans Homes Board of Directors or
75.27its executive director anywhere else in Minnesota Statutes or Minnesota Rules.
75.28 Sec. 30. REPEALER.
75.29Minnesota Statutes 2006, sections 190.17; 197.236, subdivisions 7 and 10; 198.001,
75.30subdivisions 6 and 9; 198.002, subdivisions 1, 3, and 6; 198.003, subdivisions 5 and 6;
75.31and 198.004, subdivision 2, and Minnesota Statutes 2007 Supplement, sections 198.002,
75.32subdivision 2; and 198.004, subdivision 1, are repealed.
75.33(b) Minnesota Rules, part 9050.0040, subpart 15, is repealed.