SF 1779

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:23am

A bill for an act
relating to appropriations; appropriating money for agriculture, the Board of
Animal Health, veterans, and the military; changing certain agricultural and
animal health requirements and programs; amending Minnesota Statutes 2008,
sections 3.737, subdivision 1; 3.7371, subdivision 3; 17.03, subdivision 12;
17.114, subdivision 3; 17.115, subdivision 2; 18.75; 18.76; 18.77, subdivisions
1, 3, 5, by adding subdivisions; 18.78, subdivision 1, by adding a subdivision;
18.79; 18.80, subdivision 1; 18.81, subdivisions 1, 3, by adding a subdivision;
18.82, subdivisions 1, 3; 18.83; 18.84, subdivisions 1, 2, 3; 18.86; 18.87;
18.88; 18B.01, subdivision 8, by adding subdivisions; 18B.065, subdivisions
2, 2a; 18C.415, subdivision 3; 18C.421; 18C.425, subdivisions 4, 6; 18E.03,
subdivision 2; 28A.085, subdivision 1; 32.394, subdivision 8; 41B.039,
subdivision 2; 41B.04, subdivision 8; 41B.042, subdivision 4; 41B.043,
subdivision 1b; 41B.045, subdivision 2; 190.19, subdivision 2a; 197.585,
subdivision 5; 197.791, subdivision 6; 583.215; Laws 2008, chapter 274, section
5; proposing coding for new law in Minnesota Statutes, chapters 18; 18B; 31;
168; repealing Minnesota Statutes 2008, sections 17.49, subdivision 3; 38.02,
subdivisions 3, 4; 41.51; 41.52; 41.53; 41.55; 41.56; 41.57; 41.58, subdivisions 1,
2; 41.59, subdivision 1; 41.60; 41.61, subdivision 1; 41.62; 41.63; 41.65; 84.02.

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

ARTICLE 1

AGRICULTURE

Section 1. new text begin SUMMARY OF APPROPRIATIONS. new text end

new text begin The amounts shown in this section summarize direct appropriations, by fund, made
in this article.
new text end

		new text begin 2010 new text end		new text begin 2011 new text end		new text begin Total new text end
new text begin General new text end	new text begin $ new text end	new text begin 47,399,000 new text end	new text begin $ new text end	new text begin 44,021,000 new text end	new text begin $ new text end	new text begin 91,420,000 new text end
new text begin Remediation new text end	new text begin $ new text end	new text begin 388,000 new text end	new text begin $ new text end	new text begin 388,000 new text end	new text begin $ new text end	new text begin 776,000 new text end
new text begin Total new text end	new text begin $ new text end	new text begin 47,787,000 new text end	new text begin $ new text end	new text begin 44,409,000 new text end	new text begin $ new text end	new text begin 92,196,000 new text end

Sec. 2. new text begin AGRICULTURE APPROPRIATIONS. new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this act. The appropriations are from the general
fund, or another named fund, and are available for the fiscal years indicated for each
purpose. The figures "2010" and "2011" used in this act mean that the appropriations
listed under them are available for the fiscal year ending June 30, 2010, or June 30, 2011,
respectively. "The first year" is fiscal year 2010. "The second year" is fiscal year 2011.
"The biennium" is fiscal years 2010 and 2011.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2010 new text end		new text begin 2011 new text end

Sec. 3. new text begin DEPARTMENT OF AGRICULTURE new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 39,665,000 new text end

new text begin $ new text end

new text begin 36,287,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2010 new text end	new text begin 2011 new text end
new text begin General new text end	new text begin 39,277,000 new text end	new text begin 35,899,000 new text end
new text begin Remediation new text end	new text begin 388,000 new text end	new text begin 388,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Protection Services new text end

new text begin 13,178,000 new text end

new text begin 13,128,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 12,790,000 new text end	new text begin 12,740,000 new text end
new text begin Remediation new text end	new text begin 388,000 new text end	new text begin 388,000 new text end

new text begin $388,000 the first year and $388,000 the
second year are from the remediation fund
for administrative funding for the voluntary
cleanup program.
new text end

new text begin $150,000 in the first year and $150,000
the second year are for compensation
payments. $75,000 each year is available
for compensation payments for crop damage
caused by elk under Minnesota Statutes,
section 3.7371, and $75,000 each year is
available for compensation payments for
livestock destroyed or crippled by gray
wolves under Minnesota Statutes, section
3.737. If the commissioner determines that
claims made under Minnesota Statutes,
section 3.737 or 3.7371, are unusually high,
amounts appropriated for either program may
be transferred to the appropriation for the
other program. If the amounts appropriated
for each program in fiscal year 2010 are
insufficient, the amounts appropriated in
fiscal year 2011 are available in 2010.
new text end

new text begin $50,000 in the first year is for additional
duties under the noxious weed law changes in
this article. This is a onetime appropriation.
new text end

new text begin Subd. 3. new text end new text begin Agricultural Marketing and Development new text end

new text begin 4,327,000 new text end

new text begin 4,302,000 new text end

new text begin $186,000 the first year and $186,000 the
second year are for transfer to the Minnesota
grown account and may be used as grants
for Minnesota grown promotion under
Minnesota Statutes, section 17.102. Grants
may be made for one year. Notwithstanding
Minnesota Statutes, section 16A.28, the
appropriations encumbered under contract on
or before June 30, 2011, for Minnesota grown
grants in this paragraph are available until
June 30, 2013. $50,000 of the appropriation
in each year is for efforts that identify
and promote Minnesota grown products in
retail food establishments including, but not
limited to, restaurants, grocery stores, and
convenience stores.
new text end

new text begin $60,000 the first year and $60,000 the
second year are for grants to farmers for
demonstration projects involving sustainable
agriculture as authorized in Minnesota
Statutes, section 17.116. Of the amount
for grants, up to $20,000 may be used for
dissemination of information about the
demonstration projects. Notwithstanding
Minnesota Statutes, section 16A.28, the
appropriations encumbered under contract
on or before June 30, 2011, for sustainable
agriculture grants in this paragraph are
available until June 30, 2013.
new text end

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

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

new text begin $25,000 the first year is for a grant to the St.
Paul Growers' Association to reimburse up to
$1,000 of membership fees and retail leases
for members of the association who farm in
and around Dakota County and who incurred
crop damages as a result of the hail storm in
that area on July 10, 2008.
new text end

new text begin Subd. 4. new text end new text begin Bioenergy and Value-Added Agriculture new text end

new text begin 15,168,000 new text end

new text begin 12,920,000 new text end

new text begin $15,168,000 the first year and $12,920,000
the second year are for ethanol producer
payments under Minnesota Statutes, section
41A.09. The second year reduction of
$2,248,000 is a onetime reduction. If the
total amount for which all producers are
eligible in a quarter exceeds the amount
available for payments, the commissioner
shall make payments on a pro rata basis. If
the appropriation exceeds the total amount
for which all producers are eligible in a
fiscal year for scheduled payments and for
deficiencies in payments during previous
fiscal years, the balance in the appropriation
is available to the commissioner for
value-added agricultural programs, including
the value-added agricultural product
processing and marketing grant program
under Minnesota Statutes, section 17.101,
subdivision 5. The appropriation remains
available until spent.
new text end

new text begin Subd. 5. new text end new text begin Administration and Financial Assistance new text end

new text begin 6,992,000 new text end

new text begin 5,937,000 new text end

new text begin $705,000 the first year and $705,000 the
second year are for continuation of the dairy
development and profitability enhancement
and dairy business planning grant programs
established under Laws 1997, chapter
216, section 7, subdivision 2, and Laws
2001, First Special Session chapter 2,
section 9, subdivision 2. The commissioner
may allocate the available sums among
permissible activities, including efforts to
improve the quality of milk produced in the
state in the proportions that the commissioner
deems most beneficial to Minnesota's dairy
farmers. The commissioner must submit a
work plan detailing plans for expenditures
under this program to the chairs of the house
of representatives and senate committees
dealing with agricultural policy and budget
on or before the start of each fiscal year. If
significant changes are made to the plans
in the course of the year, the commissioner
must notify the chairs.
new text end

new text begin $50,000 the first year and $50,000 the
second year are for the Northern Crops
Institute. These appropriations may be spent
to purchase equipment.
new text end

new text begin $19,000 the first year and $19,000 the
second year are for a grant to the Minnesota
Livestock Breeders Association.
new text end

new text begin $250,000 the first year and $250,000 the
second year are for grants to the Minnesota
Agricultural Education and Leadership
Council for programs of the council under
Minnesota Statutes, chapter 41D.
new text end

new text begin $474,000 the first year and $474,000 the
second year are for payments to county and
district agricultural societies and associations
under Minnesota Statutes, section 38.02,
subdivision 1. Of this amount, $4,000 each
year is for 4-H premiums. Aid payments to
county and district agricultural societies and
associations shall be disbursed not later than
July 15 of each year. These payments are the
amount of aid from the state for an annual
fair held in the previous calendar year.
new text end

new text begin $1,000 the first year and $1,000 the second
year are for grants to the Minnesota State
Poultry Association.
new text end

new text begin $65,000 the first year and $65,000 the second
year are for annual grants to the Minnesota
Turf Seed Council for basic and applied
research on the improved production of
forage and turf seed related to new and
improved varieties. The grant recipient may
subcontract with a qualified third party for
some or all of the basic and applied research.
new text end

new text begin $50,000 the first year and $50,000 the
second year are for annual grants to the
Minnesota Turf Seed Council for basic
and applied agronomic research on native
plants, including plant breeding, nutrient
management, pest management, disease
management, yield, and viability. The grant
recipient may subcontract with a qualified
third party for some or all of the basic
or applied research. The grant recipient
must actively participate in the Agricultural
Utilization Research Institute's Renewable
Energy Roundtable and no later than
February 1, 2011, must report to the house of
representatives and senate committees with
jurisdiction over agriculture finance.
new text end

new text begin $500,000 the first year and $500,000 the
second year are for grants to Second Harvest
Heartland on behalf of Minnesota's six
Second Harvest food banks for the purchase
of milk for distribution to Minnesota's food
shelves and other charitable organizations
that are eligible to receive food from the food
banks. Milk purchased under the grants must
be acquired from Minnesota milk processors
and based on low-cost bids. The milk must be
allocated to each Second Harvest food bank
serving Minnesota according to the formula
used in the distribution of United States
Department of Agriculture commodities
under The Emergency Food Assistance
Program (TEFAP). Second Harvest
Heartland must submit quarterly reports
to the commissioner on forms prescribed
by the commissioner. The reports must
include, but are not limited to, information
on the expenditure of funds, the amount
of milk purchased, and the organizations
to which the milk was distributed. Second
Harvest Heartland may enter into contracts
or agreements with food banks for shared
funding or reimbursement of the direct
purchase of milk. Each food bank receiving
money from this appropriation may use up to
two percent of the grant for administrative
expenses.
new text end

new text begin $100,000 the first year and $100,000 the
second year are for transfer to the Board of
Trustees of the Minnesota State Colleges and
Universities for mental health counseling
support to farm families and business
operators through farm business management
programs at Central Lakes College and
Ridgewater College.
new text end

new text begin $18,000 the first year and $18,000 the
second year are for grants to the Minnesota
Horticultural Society.
new text end

new text begin $1,000,000 the first year is for a grant
to the Minnesota Veterinary Diagnostic
Laboratory. This appropriation is in addition
to the allocation of state general fund
appropriations for the laboratory. This is a
onetime appropriation.
new text end

new text begin $30,000 is for star farms program
development. The commissioner, in
consultation with other state and local
agencies, farm groups, conservation groups,
legislators, and other interested persons, shall
develop a proposal for a star farms program.
By January 15, 2010, the commissioner
shall submit the proposal to the legislative
committees and divisions with jurisdiction
over agriculture and environmental policy
and finance. This is a onetime appropriation.
new text end

new text begin $25,000 the first year is for the administration
of the Feeding Minnesota Task Force, under
new Minnesota Statutes, section 31.97. This
is a onetime appropriation.
new text end

Sec. 4. new text begin BOARD OF ANIMAL HEALTH new text end

new text begin $ new text end

new text begin 5,239,000 new text end

new text begin $ new text end

new text begin 5,239,000 new text end

new text begin $2,531,000 the first year and $2,531,000
the second year are for bovine tuberculosis
eradication efforts in cattle herds.
new text end

new text begin $100,000 the first year and $100,000 the
second year are for a program to control
paratuberculosis (Johne's disease) in
domestic bovine herds.
new text end

new text begin $40,000 the first year and $40,000 the second
year are for a program to investigate the
avian pneumovirus disease and to identify
the infected flocks. This appropriation must
be matched on a dollar-for-dollar or in-kind
basis with nonstate sources and is in addition
to money currently designated for turkey
disease research. Costs of blood sample
collection, handling, and transportation,
in addition to costs associated with early
diagnosis tests and the expenses of vaccine
research trials, may be credited to the match.
new text end

new text begin $400,000 the first year and $400,000 the
second year are for the purposes of cervidae
inspection as authorized in Minnesota
Statutes, section 35.155.
new text end

Sec. 5. new text begin AGRICULTURAL UTILIZATION RESEARCH INSTITUTE new text end

new text begin $ new text end

new text begin 2,883,000 new text end

new text begin $ new text end

new text begin 2,883,000 new text end

new text begin $650,000 the first year and $650,000 the
second year are for technical assistance
and technology transfer to bioenergy crop
producers and users.
new text end

Sec. 6.

Minnesota Statutes 2008, section 3.737, subdivision 1, is amended to read:

Subdivision 1.

Compensation required.

(a) Notwithstanding section 3.736,
subdivision 3, paragraph (e), or any other law, a livestock owner shall be compensated
by the commissioner of agriculture for livestock that is destroyed by a gray wolf or is so
crippled by a gray wolf that it must be destroyed. Except as provided in this section, the
owner is entitled to the fair market value of the destroyed livestock as determined by the
commissioner, upon recommendation of a university extension agent or a conservation
officer. In any fiscal year, a livestock owner may not be compensated for a destroyed
animal claim that is less than $100 in value and may be compensated up to $20,000,
as determined under this section. In any fiscal year, the commissioner may provide
compensation for claims filed under this section deleted text begin and section 3.7371 deleted text end up to deleted text begin a total of
$100,000 for both programs combined deleted text end new text begin the amount expressly appropriated for this purpose new text end .

(b) Either the agent or the conservation officer must make a personal inspection of
the site. The agent or the conservation officer must take into account factors in addition to
a visual identification of a carcass when making a recommendation to the commissioner.
The commissioner, upon recommendation of the agent or conservation officer, shall
determine whether the livestock was destroyed by a gray wolf and any deficiencies in the
owner's adoption of the best management practices developed in subdivision 5. The
commissioner may authorize payment of claims only if the agent or the conservation
officer has recommended payment. The owner shall file a claim on forms provided by the
commissioner and available at the university extension agent's office.

Sec. 7.

Minnesota Statutes 2008, section 3.7371, subdivision 3, is amended to read:

Subd. 3.

Compensation.

The crop owner is entitled to the target price or the
market price, whichever is greater, of the damaged or destroyed crop plus adjustments
for yield loss determined according to agricultural stabilization and conservation service
programs for individual farms, adjusted annually, as determined by the commissioner,
upon recommendation of the county extension agent for the owner's county. The
commissioner, upon recommendation of the agent, shall determine whether the crop
damage or destruction is caused by elk and, if so, the amount of the crop that is damaged
or destroyed. In any fiscal year, a crop owner may not be compensated for a damaged or
destroyed crop that is less than $100 in value and may be compensated up to $20,000,
as determined under this section, if normal harvest procedures for the area are followed.
In any fiscal year, the commissioner may provide compensation for claims filed under
this section deleted text begin and section 3.737 deleted text end up to deleted text begin a total of $100,000 for both programs combined deleted text end new text begin the
amount expressly appropriated for this purpose new text end .

Sec. 8.

Minnesota Statutes 2008, section 17.03, subdivision 12, is amended to read:

Subd. 12.

Contracts; appropriation.

The commissioner may accept money as part
of a contract with any public or private entity to provide statutorily prescribed services by
the department. A contract must specify the services to be provided by the department and
the amount and method of reimbursement. Money generated in a contractual agreement
under this section must be deposited in a special revenue fund and is appropriated to the
department for purposes of providing services specified in the contracts. Contracts under
this section must be processed in accordance with section 16C.05. deleted text begin The commissioner must
report revenues collected and expenditures made under this section to the chairs of the
Environment and Natural Resources Finance Committee in the house of representatives
and the Environment and Agriculture Budget Division in the senate by January 15 of
each odd-numbered year. deleted text end

Sec. 9.

Minnesota Statutes 2008, section 17.114, subdivision 3, is amended to read:

Subd. 3.

Duties.

(a) The commissioner shall:

(1) establish a clearinghouse and provide information, appropriate educational
opportunities and other assistance to individuals, producers, and groups about sustainable
agricultural techniques, practices, and opportunities;

(2) survey producers and support services and organizations to determine
information and research needs in the area of sustainable agricultural practices;

(3) demonstrate the on-farm applicability of sustainable agriculture practices to
conditions in this state;

(4) coordinate the efforts of state agencies regarding activities relating to sustainable
agriculture;

(5) direct the programs of the department so as to work toward the sustainability of
agriculture in this state;

(6) inform agencies of how state or federal programs could utilize and support
sustainable agriculture practices;

(7) work closely with farmers, the University of Minnesota, and other appropriate
organizations to identify opportunities and needs as well as assure coordination and
avoid duplication of state agency efforts regarding research, teaching, and extension
work relating to sustainable agriculture; deleted text begin and
deleted text end

(8) new text begin work cooperatively with local governments and others to strengthen the
connection between farmers who practice sustainable farming methods and urban, rural,
and suburban consumers, including, but not limited to, promoting local farmers' markets
and community-supported agriculture; and
new text end

new text begin (9) new text end report to the Environmental Quality Board for review and then to the house of
representatives and senate committees with jurisdiction over the environment, natural
resources, and agriculture every even-numbered year.

(b) The report under paragraph (a), clause (8), must include:

(1) the presentation and analysis of findings regarding the current status and trends
regarding the economic condition of producers; the status of soil and water resources
utilized by production agriculture; the magnitude of off-farm inputs used; and the amount
of nonrenewable resources used by Minnesota farmers;

(2) a description of current state or federal programs directed toward sustainable
agriculture including significant results and experiences of those programs;

(3) a description of specific actions the Department of Agriculture is taking in the
area of sustainable agriculture new text begin , including, but not limited to, specific actions to strengthen
the connection between sustainable farmers and consumers under paragraph (a), clause (8) new text end ;

(4) a description of current and future research needs at all levels in the area of
sustainable agriculture; and

(5) suggestions for changes in existing programs or policies or enactment of new
programs or policies that will affect farm profitability, maintain soil and water quality,
reduce input costs, or lessen dependence upon nonrenewable resources.

Sec. 10.

Minnesota Statutes 2008, section 17.115, subdivision 2, is amended to read:

Subd. 2.

Loan criteria.

(a) The shared savings loan program must provide loans for
purchase of new or used machinery and installation of equipment for projects that make
environmental improvements deleted text begin or deleted text end new text begin and new text end enhance farm profitability. Eligible loan uses do not
include seed, fertilizer, or fuel.

(b) Loans may not exceed deleted text begin $25,000 deleted text end new text begin $40,000 new text end per individual applying for a loan and
may not exceed deleted text begin $100,000 deleted text end new text begin $160,000 new text end for loans to four or more individuals on joint projects.
The loan repayment period may be up to seven years as determined by project cost and
energy savings. The interest rate on the loans must not exceed six percent. deleted text begin For loans made
from May 1, 2004, to June 30, 2007, the interest rate must not exceed three percent.
deleted text end

(c) Loans may only be made to residents of this state engaged in farming.

Sec. 11.

Minnesota Statutes 2008, section 18.75, is amended to read:

18.75 PURPOSE.

It is the policy of the legislature that residents of the state be protected from the
injurious effects of noxious weeds on public health, the environment, public roads, crops,
livestock, and other property. Sections 18.76 to deleted text begin 18.88 deleted text end new text begin 18.91 new text end contain procedures for
controlling and eradicating noxious weeds on all lands within the state.

Sec. 12.

Minnesota Statutes 2008, section 18.76, is amended to read:

18.76 CITATION.

Sections 18.76 to deleted text begin 18.88 deleted text end new text begin 18.91 new text end may be cited as the "Minnesota Noxious Weed Law."

Sec. 13.

Minnesota Statutes 2008, section 18.77, subdivision 1, is amended to read:

Subdivision 1.

Scope.

The definitions in this section apply to sections 18.76 to
deleted text begin 18.88 deleted text end new text begin 18.91 new text end .

Sec. 14.

Minnesota Statutes 2008, section 18.77, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Certified noxious weed free. new text end

new text begin "Certified noxious weed free" means that
the material being certified has been inspected, tested, or processed to devitalize or
remove the noxious weed propagating parts in order to verify that viable noxious weed
propagating parts are not present in the material.
new text end

Sec. 15.

Minnesota Statutes 2008, section 18.77, is amended by adding a subdivision
to read:

new text begin Subd. 2b. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of agriculture.
new text end

Sec. 16.

Minnesota Statutes 2008, section 18.77, subdivision 3, is amended to read:

Subd. 3.

Control.

"Control" means to destroy new text begin all or part of new text end the aboveground growth
of noxious weeds by a lawful method that new text begin does not cause unreasonable adverse effects on
the environment as defined in section 18B.01, subdivision 31, and new text end prevents the maturation
and spread of noxious weed propagating parts from one area to another.

Sec. 17.

Minnesota Statutes 2008, section 18.77, subdivision 5, is amended to read:

Subd. 5.

Growing crop.

"Growing crop" means an agricultural, horticultural, or
forest crop that has been planted or regularly maintained and intended for harvest. new text begin It
does not mean a permanent pasture, hay meadow, woodlot, or other noncrop area that
contains native or seeded perennial plants used for grazing or hay purposes, and which is
not harvested on a regular basis.
new text end

Sec. 18.

Minnesota Statutes 2008, section 18.77, is amended by adding a subdivision
to read:

new text begin Subd. 5a. new text end

new text begin Inspector. new text end

new text begin "Inspector" means the commissioner, agent of the
commissioner, county agricultural inspector, local weed inspector, or assistant weed
inspector.
new text end

Sec. 19.

Minnesota Statutes 2008, section 18.77, is amended by adding a subdivision
to read:

new text begin Subd. 5b. new text end

new text begin County-designated employee. new text end

new text begin "County-designated employee" means
a person designated by a county board to oversee the responsibilities listed in section
18.81, subdivision 1a.
new text end

Sec. 20.

Minnesota Statutes 2008, section 18.77, is amended by adding a subdivision
to read:

new text begin Subd. 8a. new text end

new text begin Noxious weed management plan. new text end

new text begin "Noxious weed management plan"
means controlling or eradicating noxious weeds in the manner designated in a management
plan developed for the area or site where the infestations are found using specific strategies
or methods that are to be used singly or in combination to achieve control or eradication.
new text end

Sec. 21.

Minnesota Statutes 2008, section 18.77, is amended by adding a subdivision
to read:

new text begin Subd. 13. new text end

new text begin Weed management area. new text end

new text begin "Weed management area" means a designated
area where special or unique noxious weed control or eradication strategies or methods
are used according to a specific management plan developed for each management area
established.
new text end

Sec. 22.

Minnesota Statutes 2008, section 18.78, subdivision 1, is amended to read:

Subdivision 1.

Generally.

A person owning land, a person occupying land, or a
person responsible for the maintenance of public land shall control or eradicate all noxious
weeds on the land at a time and in a manner ordered by deleted text begin the county agricultural inspector
or a local weed deleted text end new text begin an new text end inspector new text begin or county-designated employee new text end .

Sec. 23.

Minnesota Statutes 2008, section 18.78, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Cooperative weed control agreement. new text end

new text begin The commissioner, township, or
county agricultural inspector or county-designated employee may enter into a cooperative
weed control agreement with a landowner or weed management area group to establish
a mutually agreed upon noxious weed management plan for up to three years duration,
whereby a noxious weed problem will be controlled without additional enforcement
action. If a property owner fails to comply with the noxious weed management plan, an
individual notice can be served.
new text end

Sec. 24.

Minnesota Statutes 2008, section 18.79, is amended to read:

18.79 DUTIES OF COMMISSIONER.

Subdivision 1.

Enforcement.

The commissioner deleted text begin of agriculture deleted text end shall administer
and enforce sections 18.76 to deleted text begin 18.88 deleted text end new text begin 18.91 new text end .

Subd. 2.

Authorized agents.

County agricultural inspectors may administer and
enforce sections 18.76 to deleted text begin 18.88 deleted text end new text begin 18.91 new text end . new text begin County-designated employees may enforce sections
18.78; 18.82; 18.83; 18.84; 18.86; and 18.87. new text end

Subd. 3.

Entry upon land.

To administer and enforce sections 18.76 to deleted text begin 18.88 deleted text end new text begin
18.91 new text end , deleted text begin county agricultural inspectors and local weed inspectors deleted text end new text begin an inspector new text end may enter
upon land without consent of the owner and without being subject to an action for trespass
or any damages.

Subd. 4.

Rules.

The commissioner may adopt necessary rules under chapter 14 for
the proper enforcement of sections 18.76 to deleted text begin 18.88 deleted text end new text begin 18.91 new text end .

Subd. 5.

Order for control or eradication of noxious weeds.

deleted text begin A county agricultural
inspector or a local weed deleted text end new text begin An new text end inspector new text begin or county-designated employee new text end may order the
control or eradication of noxious weeds on any land within the deleted text begin state deleted text end new text begin inspector's or
county-designated employee's jurisdiction new text end .

Subd. 6.

deleted text begin Initial deleted text end Training for control or eradication of noxious weeds.

The
commissioner shall conduct initial training considered necessary for weed inspectors new text begin and
county-designated employees new text end in the enforcement of the new text begin Minnesota new text end Noxious Weed Law.
The director of the Minnesota Extension Service may conduct educational programs for
the general public that will aid compliance with the new text begin Minnesota new text end Noxious Weed Law.

Subd. 7.

Meetings and reports.

The commissioner shall designate by rule deleted text begin the deleted text end
reports deleted text begin that are deleted text end required to be made and deleted text begin the deleted text end meetings that must be attended by deleted text begin weed deleted text end
inspectors.

Subd. 8.

Prescribed forms.

The commissioner shall prescribe the forms to be used
by deleted text begin weed deleted text end inspectors new text begin and county-designated employees new text end in the enforcement of sections
18.76 to deleted text begin 18.88 deleted text end new text begin 18.91 new text end .

Subd. 9.

Injunction.

If the county agricultural inspector new text begin or county-designated
employee new text end applies to a court for a temporary or permanent injunction restraining a person
from violating or continuing to violate sections 18.76 to deleted text begin 18.88 deleted text end new text begin 18.91 new text end , the injunction may
be issued without requiring a bond.

Subd. 10.

Prosecution.

On finding that a person has violated sections 18.76 to
deleted text begin 18.88 deleted text end new text begin 18.91 new text end , the county agricultural inspector new text begin or county-designated employee new text end may start
court proceedings in the locality in which the violation occurred. The county attorney
may prosecute actions under sections 18.76 to deleted text begin 18.88 deleted text end new text begin 18.91 new text end within the county attorney's
jurisdiction.

Subd. 12.

Noxious-weed-free forage and mulch certification agency.

The official
certification agency for noxious-weed-free forage deleted text begin and deleted text end new text begin , new text end mulch deleted text begin shall deleted text end new text begin , soil, gravel, and other
material must new text end be determined by the commissioner deleted text begin of agriculture deleted text end in consultation with the
director of the Minnesota agricultural experiment station. new text begin The commissioner may also
certify forage, mulch, soil, gravel, or other material as noxious-weed-free.
new text end

new text begin Subd. 13. new text end

new text begin Noxious weed designation. new text end

new text begin The commissioner, in consultation with the
Noxious Weed Advisory Committee, shall determine which plants are noxious weeds
subject to control under sections 18.76 to 18.91. The commissioner shall prepare, publish,
and revise as necessary, but at least once every three years, a list of noxious weeds
and their designated classification. The list must be distributed to the public by the
commissioner who may request the help of the University of Minnesota Extension, the
county agricultural inspectors, and any other organization the commissioner considers
appropriate to assist in the distribution. The commissioner may, in consultation with
the Noxious Weed Advisory Committee, accept and consider noxious weed designation
petitions from Minnesota citizens or Minnesota organizations or associations.
new text end

new text begin Subd. 14. new text end

new text begin County petition. new text end

new text begin A county may petition the commissioner to designate
specific noxious weeds which are a control problem in the county.
new text end

new text begin Subd. 15. new text end

new text begin Noxious weed management. new text end

new text begin The commissioner, in consultation with the
Noxious Weed Advisory Committee, shall develop management strategies and criteria
for each noxious weed category.
new text end

new text begin Subd. 16. new text end

new text begin Gifts; grants; contracts; funds. new text end

new text begin The commissioner, counties, and
municipalities may apply for and accept any gift, grant, contract, or other funds or
grants-in-aid from the federal government or other public and private sources for noxious
weed control purposes.
new text end

new text begin Subd. 17. new text end

new text begin Noxious weed investigation. new text end

new text begin The commissioner shall investigate the
subject of noxious weeds and conduct investigations outside this state to protect the
interest of the agricultural industry, forests, or the environment of this state from noxious
weeds not generally growing in Minnesota.
new text end

new text begin Subd. 18. new text end

new text begin Noxious weed education. new text end

new text begin The commissioner shall disseminate
information and conduct educational campaigns with respect to control of noxious weeds
or invasive plants to enhance regulatory compliance and voluntary efforts to eliminate or
manage these plants. The commissioner shall call and attend meetings and conferences
dealing with the subject of noxious weeds.
new text end

new text begin Subd. 19. new text end

new text begin State and federal lands. new text end

new text begin The commissioner shall inform and direct state
and federal agencies regarding their responsibility to manage and control noxious weeds
on land that those agencies own, control, or manage.
new text end

new text begin Subd. 20. new text end

new text begin Interagency cooperation. new text end

new text begin The commissioner shall cooperate with
agencies of federal, state, and local governments and other persons in carrying out duties
under sections 18.76 to 18.91.
new text end

new text begin Subd. 21. new text end

new text begin Weed management area. new text end

new text begin The commissioner, in consultation with the
Noxious Weed Advisory Committee, may establish a weed management area to include a
part of one or more counties or all of one or more counties of this state and shall include all
the land within the boundaries of the area established. Weed management plans developed
for a weed management area must be reviewed and approved by the commissioner and
the Noxious Weed Advisory Committee. Weed management areas may seek funding
under section 18.90.
new text end

Sec. 25.

Minnesota Statutes 2008, section 18.80, subdivision 1, is amended to read:

Subdivision 1.

County agricultural inspectors.

The county board shall appoint
new text begin at least new text end one deleted text begin or more deleted text end county agricultural deleted text begin inspectors deleted text end deleted text begin that meet the qualifications prescribed
by rule. The appointment must be for a period of time which is sufficient to accomplish
the duties assigned to this position deleted text end new text begin inspector to carry out the duties specified in section
18.81, subdivisions 1 and 1a, or a county-designated employee to carry out the duties
specified in section 18.81, subdivision 1a new text end . A notice of the appointment must be delivered
to the commissioner deleted text begin within ten days of the appointment and it must establish the initial
number of hours to be worked annually deleted text end new text begin within 30 days new text end .

Sec. 26.

Minnesota Statutes 2008, section 18.81, subdivision 1, is amended to read:

Subdivision 1.

County agricultural inspectors new text begin ; optional duties new text end .

deleted text begin It is deleted text end deleted text begin The deleted text end deleted text begin duty
of deleted text end new text begin In addition to the mandatory duties specified in subdivision 1a, the county board shall
specify the responsibilities of the new text end county agricultural deleted text begin inspectors deleted text end new text begin inspector in the annual
work plan, which may include new text end :

(1) to see that sections 18.76 to deleted text begin 18.88 deleted text end new text begin 18.91 new text end and rules adopted under those sections
are carried out within their jurisdiction;

(2) to see that sections 21.80 to 21.92 and rules adopted under those sections are
carried out within their jurisdiction;

(3) to see that sections 21.71 to 21.78 and rules adopted under those sections are
carried out within their jurisdiction;

(4) to participate in the control programs for new text begin invasive plant species, new text end feed, fertilizer,
pesticide, and new text begin plant and new text end insect pests when requested, in writing, to do so by the
commissioner;

(5) to participate in other agricultural programs under the control of the
commissioner when requested new text begin by the commissioner in writing new text end to do so deleted text begin , subject to veto
by the county board deleted text end ;

(6) to administer the distribution of funds allocated by the county board to the
county agricultural inspector new text begin or county-designated employee new text end for noxious weed control
and eradication within the county;

(7) to submit reports and attend meetings that the commissioner requires; deleted text begin and
deleted text end

(8) to publish a general weed notice of the legal duty to control noxious weeds in
one or more legal newspapers of general circulation throughout the county new text begin ; and
new text end

new text begin (9) to be the primary contact in the county for all plant biological control agents new text end .

Sec. 27.

Minnesota Statutes 2008, section 18.81, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin County agricultural inspectors and county-designated employees;
mandatory duties. new text end

new text begin The county agricultural inspector or county-designated employee
shall be responsible for:
new text end

new text begin (1) the enforcement of sections 18.78; 18.82; 18.83; 18.84; 18.86; and 18.87; and
new text end

new text begin (2) providing a point of contact within the county for noxious weeds.
new text end

Sec. 28.

Minnesota Statutes 2008, section 18.81, subdivision 3, is amended to read:

Subd. 3.

Nonperformance by inspectors; reimbursement for expenses.

If local
weed inspectors neglect or fail to do their duty as prescribed in this section, the county
agricultural inspector deleted text begin shall deleted text end new text begin or county-designated employee, in consultation with the
commissioner, may new text end issue a notice to the inspector providing instructions on how and
when to do their duty. If, after the time allowed in the notice, the local weed inspector
has not complied as directed, the county agricultural inspector new text begin or county-designated
employee new text end may new text begin consult with the commissioner to new text end perform the duty for the local weed
inspector. A claim for the expense of doing the local weed inspector's duty is a legal
charge against the municipality in which the inspector has jurisdiction. The county
agricultural inspector deleted text begin doing deleted text end new text begin or county-designated employee overseeing new text end the work may file
an itemized statement of costs with the clerk of the municipality in which the work was
performed. The municipality shall immediately issue proper warrants to the county for
the work performed. If the municipality fails to issue the warrants, the county auditor
may include the amount contained in the itemized statement of costs as part of the next
annual tax levy in the municipality and withhold that amount from the municipality in
making its next apportionment.

Sec. 29.

Minnesota Statutes 2008, section 18.82, subdivision 1, is amended to read:

Subdivision 1.

Permits.

Except as provided in section 21.74, if a person wants to
transport along a public highway materials or equipment containing the propagating
parts of weeds designated as noxious by the commissioner, the person must secure
a written permit for transportation of the material or equipment from deleted text begin a local weed
inspector or county agricultural deleted text end new text begin an new text end inspector new text begin or county-designated employee new text end . Inspectors
new text begin or county-designated employees new text end may issue permits to persons residing or operating within
their jurisdiction. If the noxious weed propagating parts are removed from materials and
equipment or devitalized before being transported, a permit is not needed.

Sec. 30.

Minnesota Statutes 2008, section 18.82, subdivision 3, is amended to read:

Subd. 3.

Duration of permit; revocation.

A permit under subdivision 1 is valid for
up to one year after the date it is issued unless otherwise specified by the deleted text begin weed deleted text end inspector
new text begin or county-designated employee new text end issuing the permit. The permit may be revoked if deleted text begin a
county agricultural inspector or local weed deleted text end new text begin an new text end inspector new text begin or county-designated employee new text end
determines that the applicant has not complied with this section.

Sec. 31.

Minnesota Statutes 2008, section 18.83, is amended to read:

18.83 CONTROL; ERADICATION; NOTICES; EXPENSES.

Subdivision 1.

General weed notice.

A general notice for noxious weed control
or eradication must be published on or before May 15 of each year deleted text begin and at other
times the commissioner directs deleted text end . Failure of the county agricultural weed inspector new text begin or
county-designated employee new text end to publish the general notice does not relieve a person from
the necessity of full compliance with sections 18.76 to deleted text begin 18.88 deleted text end new text begin 18.91 new text end and related rules. The
published notice is legal and sufficient notice when an individual notice cannot be served.

Subd. 2.

Individual notice.

deleted text begin A weed deleted text end new text begin An new text end inspector new text begin or county-designated employee new text end
may find it necessary to secure more prompt or definite control or eradication of
noxious weeds than is accomplished by the published general notice. In these special or
individual instances, involving one or a limited number of persons, the deleted text begin weed deleted text end inspector
new text begin or county-designated employee new text end having jurisdiction shall serve individual notices in
writing upon the person who owns the land and the person who occupies the land, or the
person responsible for or charged with the maintenance of public land, giving specific
instructions on when and how named noxious weeds are to be controlled or eradicated.
Individual notices provided for in this section must be served in the same manner as a
summons in a civil action in the district court or by certified mail. Service on a person
living temporarily or permanently outside of the deleted text begin weed deleted text end inspector's new text begin or county-designated
employee's new text end jurisdiction may be made by sending the notice by certified mail to the last
known address of the person, to be ascertained, if necessary, from the last tax list in the
county treasurer's office.

Subd. 3.

Appeal of individual notice; appeal committee.

(1) A recipient of an
individual notice may appeal, in writing, the order for control or eradication of noxious
weeds. This appeal must be filed with a member of the appeal committee in the county
where the land is located within two working days of the time the notice is received. The
committee must inspect the land specified in the notice and report back to the recipient and
the inspector new text begin or county-designated employee new text end who issued the notice within five working
days, either agreeing, disagreeing, or revising the order. The decision may be appealed
in district court. If the committee agrees or revises the order, the control or eradication
specified in the order, as approved or revised by the committee, may be carried out.

(2) The county board deleted text begin of commissioners deleted text end shall appoint members of the appeal
committee. The membership must include a county commissioner or municipal official
and a landowner residing in the county. The expenses of the members may be reimbursed
by the county upon submission of an itemized statement to the county auditor. At its
option, the county board deleted text begin of commissioners deleted text end , by resolution, may delegate the duties of the
appeal committee to its board of adjustment established pursuant to section 394.27. When
carrying out the duties of the appeal committee, the zoning board of adjustment shall
comply with all of the procedural requirements of this section.

Subd. 4.

Control or eradication by inspector new text begin or county-designated employee new text end .

If
a person does not comply with an individual notice served on the person or an individual
notice cannot be served, the deleted text begin weed deleted text end inspector new text begin or county-designated employee new text end having
jurisdiction shall have the noxious weeds controlled or eradicated within the time and in
the manner the deleted text begin weed deleted text end inspector new text begin or county-designated employee new text end designates.

Subd. 5.

Control or eradication by inspector new text begin or county-designated employee new text end
in growing crop.

deleted text begin A weed deleted text end new text begin An new text end inspector new text begin or county-designated employee new text end may consider it
necessary to control or eradicate noxious weeds along with all or a part of a growing
crop to prevent the maturation and spread of noxious weeds within the inspector's new text begin or
county-designated employee's new text end jurisdiction. If this situation exists, the deleted text begin weed deleted text end inspector
new text begin or county-designated employee new text end may have the noxious weeds controlled or eradicated
together with the crop after the appeal committee has reviewed the matter as outlined in
subdivision 3 and reported back agreement with the order.

Subd. 6.

Authorization for person hired to enter upon land.

The deleted text begin weed deleted text end inspector
new text begin or county-designated employee new text end may hire a person to control or eradicate noxious weeds if
the person who owns the land, the person who occupies the land, or the person responsible
for the maintenance of public land has failed to comply with an individual notice or with
the published general notice when an individual notice cannot be served. The person
hired must have authorization, in writing, from the deleted text begin weed deleted text end inspector new text begin or county-designated
employee new text end to enter upon the land.

Subd. 7.

Expenses; reimbursements.

A claim for the expense of controlling or
eradicating noxious weeds, which may include the costs of serving notices, is a legal
charge against the county in which the land is located. The officers having the work done
must file with the county auditor a verified and itemized statement of cost for all services
rendered on each separate tract or lot of land. The county auditor shall immediately issue
proper warrants to the persons named on the statement as having rendered services. To
reimburse the county for its expenditure in this regard, the county auditor shall certify
the total amount due and, unless an appeal is made in accordance with section 18.84,
enter it on the tax roll as a tax upon the land and it must be collected as other real estate
taxes are collected.

If public land is involved, the amount due must be paid from funds provided for
maintenance of the land or from the general revenue or operating fund of the agency
responsible for the land. Each claim for control or eradication of noxious weeds on public
lands must first be approved by the commissioner of agriculture.

Sec. 32.

Minnesota Statutes 2008, section 18.84, subdivision 1, is amended to read:

Subdivision 1.

Counties and municipalities.

Counties and municipalities are
not liable for damages from the noxious weed control program for actions conducted in
accordance with sections 18.76 to deleted text begin 18.88 deleted text end new text begin 18.91 new text end .

Sec. 33.

Minnesota Statutes 2008, section 18.84, subdivision 2, is amended to read:

Subd. 2.

Appeal new text begin of charges new text end to county board.

A person who is ordered to control
noxious weeds under sections 18.76 to deleted text begin 18.88 deleted text end new text begin 18.91 new text end and is charged for noxious weed
control may appeal the cost of noxious weed control to the county board of the county
where the noxious weed control measures were undertaken within 30 days after being
charged. The county board shall determine the amount and approve the charge and filing
of a lien against the property if it determines that the owner, or occupant if other than the
owner, responsible for controlling noxious weeds did not comply with the order of the
inspector new text begin or county-designated employee new text end .

Sec. 34.

Minnesota Statutes 2008, section 18.84, subdivision 3, is amended to read:

Subd. 3.

deleted text begin Court deleted text end Appeal of costs new text begin to district court new text end ; petition.

(a) A deleted text begin landowner who
has appealed deleted text end new text begin person who is ordered to control noxious weeds under sections 18.76 to 18.91
and is charged for new text end the cost of noxious weed control deleted text begin measures under subdivision 2 deleted text end may
petition for judicial review new text begin of the charges new text end . The petition must be filed within 30 days after
deleted text begin the conclusion of the hearing before the county board deleted text end new text begin being charged new text end . The petition must be
filed with the court administrator in the county in which the land where the noxious weed
control measures were undertaken is located, together with proof of service of a copy of
the petition on the county auditor. No responsive pleadings may be required of the county,
and no court fees may be charged for the appearance of the county in this matter.

(b) The petition must be captioned in the name of the person making the petition as
petitioner and respective county as respondents. The petition must include the petitioner's
name, the legal description of the land involved, a copy of the notice to control noxious
weeds, and the date or dates on which appealed control measures were undertaken.

(c) The petition must state with specificity the grounds upon which the petitioner
seeks to avoid the imposition of a lien for the cost of noxious weed control measures.

Sec. 35.

Minnesota Statutes 2008, section 18.86, is amended to read:

18.86 UNLAWFUL ACTS.

No person may:

(1) hinder or obstruct in any way deleted text begin the county agricultural inspectors or local weed
inspectors deleted text end new text begin an inspector or county-designated employee new text end in the performance of deleted text begin their deleted text end duties
deleted text begin as provided in deleted text end new text begin under new text end sections 18.76 to deleted text begin 18.88 deleted text end new text begin 18.91 new text end or related rules;

(2) neglect, fail, or refuse to comply with section 18.82 or related rules in the
transportation and use of material or equipment infested with noxious weed propagating
parts;

(3) sell material containing noxious weed propagating parts to a person who does
not have a permit to transport that material or to a person who does not have a screenings
permit issued in accordance with section 21.74; or

(4) neglect, fail, or refuse to comply with a general notice or an individual notice to
control or eradicate noxious weeds.

Sec. 36.

Minnesota Statutes 2008, section 18.87, is amended to read:

18.87 PENALTY.

A violation of section 18.86 or a rule adopted under that section is a misdemeanor.
deleted text begin County agricultural inspectors, local weed deleted text end Inspectors new text begin , county-designated employees new text end , or
their appointed assistants are not subject to the penalties of this section for failure, neglect,
or refusal to perform duties imposed on them by sections 18.76 to deleted text begin 18.88 deleted text end new text begin 18.91 new text end .

Sec. 37.

Minnesota Statutes 2008, section 18.88, is amended to read:

18.88 NOXIOUS WEED PROGRAM FUNDING.

Subdivision 1.

County.

The county board shall pay, from the general revenue
or other fund for the county, the expenses for the county agricultural inspector new text begin or
county-designated employee new text end position, for noxious weed control or eradication on all
land owned by the county or on land deleted text begin that deleted text end new text begin for which new text end the county is responsible for deleted text begin the deleted text end
new text begin its new text end maintenance deleted text begin of, deleted text end new text begin and new text end for the expenses of the appeal committee deleted text begin , and for necessary
expenses as required for quarantines within the county deleted text end . new text begin Use of funding from grants and
other sources for the administration and enforcement of the noxious weed law must be
approved by the county board.
new text end

Subd. 2.

Municipality.

The municipality shall pay, from the general revenue or
other fund for the municipality, the necessary expenses of the local weed inspector new text begin or
county-designated employee new text end in the performance of duties required deleted text begin for quarantines within
the municipality, and deleted text end for noxious weed control or eradication on land owned by the
municipality or on land for which the municipality is responsible for its maintenance. new text begin Use
of funding from grants and other sources for the administration and enforcement of the
noxious weed law must be approved by the town board or city mayor.
new text end

new text begin Subd. 3. new text end

new text begin Funding. new text end

new text begin Funding in the form of grants or cost sharing may be provided to
the counties for the performance of their activities under section 18.81, subdivision 1.
new text end

Sec. 38.

new text begin [18.89] NOXIOUS WEED AND INVASIVE PLANT SPECIES
ASSISTANCE ACCOUNT.
new text end

new text begin The noxious weed and invasive plant species assistance account is created in the
agricultural fund. The account may be used to carry out the purposes of section 18.90.
Any money transferred to the account and any money received by the account as gifts or
grants or other private or public funds obtained for the purposes in section 18.91 must
be credited to the account. The money in the account is annually appropriated to the
commissioner to implement section 18.90.
new text end

Sec. 39.

new text begin [18.90] GRANT PROGRAM.
new text end

new text begin (a) From funds available in the noxious weed and invasive plant species assistance
account established in section 18.89, the commissioner shall administer a grant program
to assist counties and municipalities and other weed management entities in the cost
of implementing and maintaining noxious weed control programs and in addressing
special weed control problems. The commissioner shall receive applications by counties,
municipalities, weed management areas, and weed management entities for assistance
under this section and, in consultation with the Noxious Weed Advisory Committee,
award grants for any of the following eligible purposes:
new text end

new text begin (1) to conduct applied research to solve locally significant weed management
problems;
new text end

new text begin (2) to demonstrate innovative control methods or land management practices which
have the potential to reduce landowner costs to control noxious weeds or improve the
effectiveness of noxious weed control;
new text end

new text begin (3) to encourage the ongoing support of weed management areas;
new text end

new text begin (4) to respond to introductions or infestations of invasive plants that threaten or
potentially threaten the productivity of cropland and rangeland over a wide area;
new text end

new text begin (5) to respond to introductions or infestations of invasive plant species that threaten
or potentially threaten the productivity of biodiversity of wildlife and fishery habitats on
public and private lands;
new text end

new text begin (6) to respond to special weed control problems involving weeds not included in the
list of noxious weeds published and distributed by the commissioner;
new text end

new text begin (7) to conduct monitoring or surveillance activities to detect, map, or determine
the distribution of invasive plant species and to determine susceptible locations for the
introduction or spread of invasive plant species; and
new text end

new text begin (8) to conduct educational activities.
new text end

new text begin (b) The commissioner shall select and prioritize applications for assistance under
this section based on the following considerations:
new text end

new text begin (1) the seriousness of the noxious weed or invasive plant problem or potential
problem addressed by the project;
new text end

new text begin (2) the ability of the project to provide timely intervention to save current and future
costs of control and eradication;
new text end

new text begin (3) the likelihood that the project will prevent or resolve the problem or increase
knowledge about resolving similar problems in the future;
new text end

new text begin (4) the extent to which the project will leverage federal funds and other nonstate
funds;
new text end

new text begin (5) the extent to which the applicant has made progress in addressing noxious weed
or invasive plant problems;
new text end

new text begin (6) the extent to which the project will provide a comprehensive approach to the
control or eradication of noxious weeds;
new text end

new text begin (7) the extent to which the project will reduce the total population or area of
infestation of a noxious weed;
new text end

new text begin (8) the extent to which the project uses the principles of integrated vegetation
management and sound science; and
new text end

new text begin (9) other factors that the commissioner determines to be relevant.
new text end

new text begin (c) Nothing in this section may be construed to relieve a person of the duty or
responsibility to control the spread of noxious weeds on lands owned and controlled
by the person.
new text end

Sec. 40.

new text begin [18.91] ADVISORY COMMITTEE; MEMBERSHIP.
new text end

new text begin Subdivision 1. new text end

new text begin Duties. new text end

new text begin The commissioner shall consult with the Noxious Weed
Advisory Committee to advise the commissioner concerning responsibilities under
the noxious weed control program. The committee shall also evaluate species for
invasiveness, difficulty of control, cost of control, benefits, and amount of injury caused
by them. For each species evaluated, the committee shall recommend to the commissioner
on which noxious weed list or lists, if any, the species should be placed. Species currently
designated as prohibited or restricted noxious weeds must be reevaluated every three years
for a recommendation on whether or not they need to remain on the noxious weed lists.
Members of the committee are not entitled to reimbursement of expenses nor payment
of per diem. Members shall serve two-year terms with subsequent reappointment by
the commissioner.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin The commissioner shall appoint members, which shall
include representatives from the following:
new text end

new text begin (1) horticultural science, agronomy, and forestry at the University of Minnesota;
new text end

new text begin (2) the nursery and landscape industry in Minnesota;
new text end

new text begin (3) the seed industry in Minnesota;
new text end

new text begin (4) the Department of Agriculture;
new text end

new text begin (5) the Department of Natural Resources;
new text end

new text begin (6) a conservation organization;
new text end

new text begin (7) an environmental organization;
new text end

new text begin (8) at least two farm organizations;
new text end

new text begin (9) the county agricultural inspectors;
new text end

new text begin (10) city, township, and county governments;
new text end

new text begin (11) the Department of Transportation;
new text end

new text begin (12) the University of Minnesota Extension;
new text end

new text begin (13) the timber and forestry industry in Minnesota;
new text end

new text begin (14) the Board of Water and Soil Resources; and
new text end

new text begin (15) soil and water conservation districts.
new text end

new text begin Subd. 3. new text end

new text begin Additional duties. new text end

new text begin The committee shall conduct evaluations of terrestrial
plant species to recommend if they need to be designated as noxious weeds and into
which noxious weed classification they should be designated, advise the commissioner
on the implementation of the Noxious Weed Law, and assist the commissioner in the
development of management criteria for each noxious weed category.
new text end

new text begin Subd. 4. new text end

new text begin Organization. new text end

new text begin The committee shall select a chair from its membership.
Meetings of the committee may be called by or at the direction of the commissioner or
upon direction of its chair.
new text end

new text begin Subd. 5. new text end

new text begin Expiration. new text end

new text begin Notwithstanding section 15.059, subdivision 3, the committee
expires June 30, 2013.
new text end

Sec. 41.

Minnesota Statutes 2008, section 18B.01, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Agricultural pesticide. new text end

new text begin "Agricultural pesticide" means a pesticide
that bears labeling that meets federal worker protection agricultural use requirements
established in Code of Federal Regulations, title 40, parts 156 and 170.
new text end

Sec. 42.

Minnesota Statutes 2008, section 18B.01, subdivision 8, is amended to read:

Subd. 8.

Distribute.

"Distribute" means offer for sale, sell, barter, ship, deliver for
shipment, receive and deliver, and offer to deliver pesticides in this state new text begin or into this state new text end .

Sec. 43.

Minnesota Statutes 2008, section 18B.01, is amended by adding a subdivision
to read:

new text begin Subd. 14b. new text end

new text begin Nonagricultural pesticide. new text end

new text begin "Nonagricultural pesticide" means a
pesticide that does not bear labeling that meets federal worker protection agricultural use
requirements established in Code of Federal Regulations, title 40, parts 156 and 170.
new text end

Sec. 44.

Minnesota Statutes 2008, section 18B.065, subdivision 2, is amended to read:

Subd. 2.

Implementation.

(a) The commissioner may obtain a United States
Environmental Protection Agency hazardous waste identification number to manage the
waste pesticides collected.

(b) The commissioner may deleted text begin not deleted text end limit the type and quantity of waste pesticides
accepted for collection and may deleted text begin not deleted text end assess pesticide end users for portions of the costs
incurred.

Sec. 45.

Minnesota Statutes 2008, section 18B.065, subdivision 2a, is amended to read:

Subd. 2a.

Disposal site requirement.

(a) For agricultural waste deleted text begin pesticides deleted text end new text begin pesticide
collections new text end , the commissioner must designate a place in each county of the state that is
available deleted text begin at least every year deleted text end new text begin periodically new text end for persons to dispose of unused portions of
agricultural pesticides. The commissioner shall consult with the person responsible for
solid waste management and disposal in each county to determine an appropriate location
and to advertise each collection event.

(b) For residential waste deleted text begin pesticides deleted text end new text begin pesticide collections new text end , the commissioner must
provide periodic disposal opportunities deleted text begin each year deleted text end in each county. As provided under
subdivision 7, the commissioner may enter into agreements with county or regional solid
waste management entities to provide these collections and shall provide these entities
with funding new text begin . Reimbursement shall be made new text end for reasonable costs incurred including, but
not limited to, related supplies, transportation, advertising, and disposal costs as well as
reasonable overhead costs.

(c) A person who collects waste pesticide under paragraph (a) or (b) shall new text begin , on a
form provided by the commissioner, new text end record information on each waste pesticide product
collected including, but not limited to, new text begin the quantity collected and either new text end the product
name deleted text begin , deleted text end new text begin and its new text end active ingredient or ingredients, deleted text begin quantity, and deleted text end new text begin or new text end the new text begin product's new text end United
States Environmental Protection Agency registration number deleted text begin , on a form provided by the
commissioner deleted text end . The person must submit this information to the commissioner at least
annually.

Sec. 46.

new text begin [18B.346] PESTICIDE APPLICATION ON RAILROAD PROPERTY.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin This section applies only to common carrier railroads.
new text end

new text begin Subd. 2. new text end

new text begin Safety information. new text end

new text begin (a) In coordination with common carrier railroad
companies operating in this state, the commissioner shall provide annual pesticide safety
outreach opportunities for railroad employees.
new text end

new text begin (b) A common carrier railroad that operates in this state must provide annual
employee pesticide safety training opportunities.
new text end

new text begin Subd. 3. new text end

new text begin Pesticide applications. new text end

new text begin (a) A person may not directly apply a restricted-use
pesticide to occupied or unoccupied locomotives, track repair equipment, or on-track
housing units unless the pesticide is specifically labeled for that use.
new text end

new text begin (b) Employees of common carrier railroads must not be required to work in affected
areas in a manner that is inconsistent with the pesticide label.
new text end

new text begin Subd. 4. new text end

new text begin Misuse reporting. new text end

new text begin A common carrier railroad or a commercial applicator
hired by the common carrier railroad to apply pesticide must report to the commissioner
within four hours, or as soon as practicable, any pesticide misuse known to the railroad
company or commercial applicator that occurred on railroad property or to other property
under the control of the railroad company. For the purposes of this section "misuse" means
a pesticide application that violates subdivision 3 or any provision in section 18B.07.
new text end

Sec. 47.

Minnesota Statutes 2008, section 18C.415, subdivision 3, is amended to read:

Subd. 3.

Effective period.

deleted text begin Other deleted text end Licenses are for the period from January 1 to the
following December 31 and must be renewed annually by the licensee before January 1. A
license is not transferable from one person to another, from the ownership to whom issued
to another ownership, or from one location to another location.

Sec. 48.

Minnesota Statutes 2008, section 18C.421, is amended to read:

18C.421 deleted text begin DISTRIBUTOR'S deleted text end TONNAGE REPORT.

Subdivision 1.

deleted text begin Semiannual statement deleted text end new text begin Annual tonnage report new text end .

(a) Each deleted text begin licensed
distributor of fertilizer and each registrant of a specialty fertilizer, soil amendment, or plant
amendment must file a semiannual statement for the periods ending December 31 and June
30 with the commissioner on forms furnished by the commissioner stating the number of
net tons and grade of each raw fertilizer material distributed or the number of net tons of
each brand or grade of fertilizer, soil amendment, or plant amendment deleted text end new text begin registrant under
section 18C.411 and licensee under section 18C.415 shall file an annual tonnage report for
the previous year ending June 30 with the commissioner, on forms provided or approved
by the commissioner, stating the number of net tons of each brand or grade of fertilizer,
soil amendment, or plant amendment distributed in this state or the number of net tons and
grade of each raw fertilizer material new text end distributed in this state during the reporting period.

(b) new text begin A new text end tonnage deleted text begin reports are deleted text end new text begin report is new text end not required to be deleted text begin filed with deleted text end new text begin submitted, and an
inspection fee under section 18C.425, subdivision 6, is not required to be paid to new text end the
commissioner deleted text begin from licensees deleted text end new text begin by a licensee new text end who deleted text begin distributed deleted text end new text begin distributes new text end fertilizer solely by
custom application.

(c) deleted text begin A report from a licensee who sells to an ultimate consumer must be accompanied
by records or invoice copies indicating the name of the distributor who paid the inspection
fee, the net tons received, and the grade or brand name of the products received.
deleted text end

deleted text begin (d) deleted text end The new text begin annual tonnage new text end report deleted text begin is due deleted text end new text begin must be submitted to the commissioner new text end on or
before deleted text begin the last day of the month following the close of each reporting period deleted text end new text begin July 31 new text end of
each deleted text begin calendar deleted text end year.

deleted text begin (e) deleted text end new text begin (d) new text end The inspection fee at the rate stated in section 18C.425, subdivision 6, must
accompany the statement.

Subd. 2.

Additional reports.

The commissioner may by rule require additional
reports for the purpose of gathering statistical data relating to fertilizer, soil amendments,
and plant amendments distribution in the state.

Subd. 3.

Late new text begin annual new text end report and new text begin inspection new text end fee penalty.

(a) If a deleted text begin distributor does
not file the semiannual statement deleted text end new text begin registrant or licensee fails to submit an annual tonnage
report new text end or pay the inspection deleted text begin fees deleted text end new text begin fee under section 18C.425, subdivision 6, new text end by deleted text begin 31 days
after the end of the reporting period deleted text end new text begin July 31 new text end , the commissioner shall assess new text begin the registrant
or licensee new text end a penalty of the greater of deleted text begin $25 deleted text end new text begin $50 new text end or ten percent of the amount due deleted text begin against
the licensee or registrant deleted text end .

(b) The fees due, plus the penalty, may be recovered in a civil action against the
licensee or registrant.

(c) The assessment of the penalty does not prevent the commissioner from taking
other actions as provided in this chapter new text begin and sections 18D.301 to 18D.331 new text end .

deleted text begin Subd. 4. deleted text end

deleted text begin Responsibility for inspection fees. deleted text end

deleted text begin If more than one person is involved
in the distribution of a fertilizer, soil amendment, or plant amendment, the distributor
who imports, manufactures, or produces the fertilizer or who has the specialty fertilizer,
soil amendment, or plant amendment registered is responsible for the inspection fee on
products produced or brought into this state. The distributor must separately list the
inspection fee on the invoice to the licensee. The last licensee must retain the invoices
showing proof of inspection fees paid for three years and must pay the inspection fee on
products brought into this state before July 1, 1989, unless the reporting and paying of
fees have been made by a prior distributor of the fertilizer.
deleted text end

Subd. 5.

Verification of deleted text begin statements deleted text end new text begin annual tonnage report new text end .

The commissioner
may verify the records on which the deleted text begin statement of deleted text end new text begin annual new text end tonnage new text begin report new text end is based.

Sec. 49.

Minnesota Statutes 2008, section 18C.425, subdivision 4, is amended to read:

Subd. 4.

Fee for late application.

If an application for renewal of a deleted text begin fertilizer
license or deleted text end registration deleted text begin of a specialty fertilizer, soil amendment, or plant amendment deleted text end new text begin
under section 18C.411 or a license under section 18C.415 new text end is deleted text begin not filed before January 1
or July 1 of a year, as required deleted text end new text begin submitted to the commissioner after December 31 new text end , an
additional deleted text begin application deleted text end new text begin late new text end fee of one-half of the amount due must be paid new text begin in addition to
the application fee new text end before the renewal license or registration may be issued.

Sec. 50.

Minnesota Statutes 2008, section 18C.425, subdivision 6, is amended to read:

Subd. 6.

new text begin Payment of new text end inspection deleted text begin fees deleted text end new text begin fee new text end .

new text begin (a) The person who registers and
distributes in the state a specialty fertilizer, soil amendment, or plant amendment under
section 18C.411 shall pay the inspection fee to the commissioner.
new text end

new text begin (b) The person licensed under section 18C.415 who distributes a fertilizer to a person
not required to be so licensed shall pay the inspection fee to the commissioner, except as
exempted under section 18C.421, subdivision 1, paragraph (b).
new text end

new text begin (c) new text end The person responsible for payment of the inspection fees for fertilizers, soil
amendments, or plant amendments sold and used in this state must pay an inspection fee
of 30 cents per ton of fertilizer, soil amendment, and plant amendment sold or distributed
in this state, with a minimum of $10 on all tonnage reports. Products sold or distributed to
manufacturers or exchanged between them are exempt from the inspection fee imposed by
this subdivision if the products are used exclusively for manufacturing purposes.

new text begin (d) A registrant or licensee must retain invoices showing proof of fertilizer, plant
amendment, or soil amendment distribution amounts and inspection fees paid for a period
of three years.
new text end

Sec. 51.

Minnesota Statutes 2008, section 18E.03, subdivision 2, is amended to read:

Subd. 2.

Expenditures.

(a) Money in the agricultural chemical response and
reimbursement account may only be used:

(1) to pay for the commissioner's responses to incidents under chapters 18B, 18C,
and 18D that are not eligible for payment under section 115B.20, subdivision 2;

(2) to pay for emergency responses that are otherwise unable to be funded;

(3) to reimburse and pay corrective action costs under section 18E.04; deleted text begin and
deleted text end

(4) by the board to reimburse the commissioner for board staff and other
administrative costs up to $225,000 per fiscal year new text begin ; and
new text end

new text begin (5) to pay costs for the commissioner's incident response program related to
ACRRA-eligible sites new text end .

(b) Money in the agricultural chemical response and reimbursement account is
appropriated to the commissioner to make payments as provided in this subdivision.

Sec. 52.

Minnesota Statutes 2008, section 28A.085, subdivision 1, is amended to read:

Subdivision 1.

Violations; prohibited acts.

The commissioner may charge a
reinspection fee for each reinspection of a food handler that:

(1) is found with a major violation of requirements in chapter 28, 29, 30, 31, 31A,
32, 33, or 34, or rules adopted under one of those chapters;

(2) is found with a violation of section 31.02, 31.161, or 31.165, and requires a
follow-up inspection after an administrative meeting held pursuant to section 31.14; or

(3) fails to correct equipment and facility deficiencies as required in rules adopted
under chapter 28, 29, 30, 31, 31A, 32, or 34. The first reinspection of a firm with gross
food sales under $1,000,000 must be assessed at deleted text begin $75 deleted text end new text begin $150 new text end . The fee for a firm with gross
food sales over $1,000,000 is deleted text begin $100 deleted text end new text begin $200 new text end . The fee for a subsequent reinspection of a firm
for the same violation is 50 percent of their current license fee or deleted text begin $200 deleted text end new text begin $300 new text end , whichever is
greater. The establishment must be issued written notice of violations with a reasonable
date for compliance listed on the notice. An initial inspection relating to a complaint is
not a reinspection.

Sec. 53.

new text begin [31.97] FEEDING MINNESOTA TASK FORCE.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; purpose. new text end

new text begin The commissioner of agriculture
shall establish the Feeding Minnesota Task Force to make proposals to maximize the
consumption of Minnesota grown produce and livestock by facilitating the donation of
harvested products to charities that provide food for hungry people.
new text end

new text begin Subd. 2. new text end

new text begin Members. new text end

new text begin The commissioner shall appoint members of the task force
to represent the following organizations and industries, with consideration given to
geographic diversity:
new text end

new text begin (1) the Minnesota grown program;
new text end

new text begin (2) the Second Harvest food bank organization;
new text end

new text begin (3) the Minnesota Fruit and Vegetable Growers Association;
new text end

new text begin (4) the Minnesota Apple Growers Association;
new text end

new text begin (5) the Minnesota Milk Producers Association;
new text end

new text begin (6) the Minnesota Pork Producers Association;
new text end

new text begin (7) the Minnesota Beef Council;
new text end

new text begin (8) the Minnesota Egg and Poultry Association;
new text end

new text begin (9) the Minnesota Agri-Growth Council;
new text end

new text begin (10) the Minnesota Farmers' Market Association;
new text end

new text begin (11) the Minnesota Trucking Association;
new text end

new text begin (12) the Area 2 Potato Growers Association;
new text end

new text begin (13) University of Minnesota Extension;
new text end

new text begin (14) the food canning and processing industry;
new text end

new text begin (15) the meatpacking and processing industry; and
new text end

new text begin (16) youth corps organizations.
new text end

new text begin Subd. 3. new text end

new text begin Administrative support. new text end

new text begin The commissioner shall provide staff and other
administrative support for the task force.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin The task force shall make policy recommendations, including
any necessary draft legislation, to the chairs and ranking minority members of the
legislative committees having jurisdiction over agricultural finance by February 1, 2010,
and thereafter as necessary.
new text end

new text begin Subd. 5. new text end

new text begin Expiration. new text end

new text begin The task force and this section expire June 30, 2011.
new text end

Sec. 54.

Minnesota Statutes 2008, section 32.394, subdivision 8, is amended to read:

Subd. 8.

Grade A inspection fees.

A processor or marketing organization of milk,
milk products, sheep milk, or goat milk who wishes to market Grade A milk or use the
Grade A label must apply for Grade A inspection service from the commissioner. A
pasteurization plant requesting Grade A inspection service must hold a Grade A permit
and pay an annual inspection fee of no more than $500. For Grade A farm inspection
service, the fee must be no more than $50 per farm, paid annually by the processor or by
the marketing organization on behalf of its patrons. For a farm requiring a reinspection in
addition to the required biannual inspections, an additional fee deleted text begin of $45 per reinspection deleted text end
must be paid by the processor or by the marketing organization on behalf of its patrons. new text begin
The fee for reinspection of a farm with fewer than 100 cows is $60 per reinspection. The
fee for reinspection of a farm with 100 or more cows is $150 per reinspection.
new text end

Sec. 55.

Minnesota Statutes 2008, section 41B.039, subdivision 2, is amended to read:

Subd. 2.

State participation.

The state may participate in a new real estate loan
with an eligible lender to a beginning farmer to the extent of 45 percent of the principal
amount of the loan or deleted text begin $200,000 deleted text end new text begin $300,000 new text end , whichever is less. The interest rates and
repayment terms of the authority's participation interest may be different than the interest
rates and repayment terms of the lender's retained portion of the loan.

Sec. 56.

Minnesota Statutes 2008, section 41B.04, subdivision 8, is amended to read:

Subd. 8.

deleted text begin State's deleted text end new text begin State new text end participation.

With respect to loans that are eligible for
restructuring under sections 41B.01 to 41B.23 and upon acceptance by the authority,
the authority shall enter into a participation agreement or other financial arrangement
whereby it shall participate in a restructured loan to the extent of 45 percent of the primary
principal or deleted text begin $225,000 deleted text end new text begin $400,000 new text end , whichever is less. The authority's portion of the loan
must be protected during the authority's participation by the first mortgage held by the
eligible lender to the extent of its participation in the loan.

Sec. 57.

Minnesota Statutes 2008, section 41B.042, subdivision 4, is amended to read:

Subd. 4.

Participation limit; interest.

The authority may participate in new
seller-sponsored loans to the extent of 45 percent of the principal amount of the loan or
deleted text begin $200,000 deleted text end new text begin $300,000 new text end , whichever is less. The interest rates and repayment terms of the
authority's participation interest may be different than the interest rates and repayment
terms of the seller's retained portion of the loan.

Sec. 58.

Minnesota Statutes 2008, section 41B.043, subdivision 1b, is amended to read:

Subd. 1b.

Loan participation.

The authority may participate in an agricultural
improvement loan with an eligible lender to a farmer who meets the requirements of
section 41B.03, subdivision 1, clauses (1) and (2), and who is actively engaged in farming.
Participation is limited to 45 percent of the principal amount of the loan or deleted text begin $200,000 deleted text end new text begin
$300,000 new text end , whichever is less. The interest rates and repayment terms of the authority's
participation interest may be different than the interest rates and repayment terms of
the lender's retained portion of the loan.

Sec. 59.

Minnesota Statutes 2008, section 41B.045, subdivision 2, is amended to read:

Subd. 2.

Loan participation.

The authority may participate in a livestock
expansion loan with an eligible lender to a livestock farmer who meets the requirements
of section 41B.03, subdivision 1, clauses (1) and (2), and who are actively engaged in
a livestock operation. A prospective borrower must have a total net worth, including
assets and liabilities of the borrower's spouse and dependents, of less than $660,000 in
2004 and an amount in subsequent years which is adjusted for inflation by multiplying
that amount by the cumulative inflation rate as determined by the United States All-Items
Consumer Price Index.

Participation is limited to 45 percent of the principal amount of the loan or deleted text begin $275,000 deleted text end new text begin
$400,000 new text end , whichever is less. The interest rates and repayment terms of the authority's
participation interest may be different from the interest rates and repayment terms of
the lender's retained portion of the loan.

Sec. 60.

Minnesota Statutes 2008, section 583.215, is amended to read:

583.215 EXPIRATION.

deleted text begin (a) deleted text end Sections 336.9-601, subsections (h) and (i); 550.365; 559.209; 582.039; and
583.20 to 583.32, expire June 30, deleted text begin 2009 deleted text end new text begin 2013 new text end .

deleted text begin (b) Laws 1986, chapter 398, article 1, section 18, as amended, is repealed.
deleted text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 61.

Laws 2008, chapter 274, section 5, is amended to read:

Sec. 5. BOVINE TUBERCULOSIS CONTROL ASSESSMENT;
TEMPORARY ASSESSMENT; APPROPRIATION.

(a) From January 1, 2009, to December 31, 2009, a person who purchases deleted text begin a beef
cow, heifer, or steer in deleted text end new text begin cattle that were raised or fed within new text end this state shall collect a
bovine tuberculosis control assessment of $1 per head from the seller and shall submit
all assessments collected to the commissioner of agriculture at least once every 30 days.
new text begin If cattle that were raised or fed within this state are sold outside of the state and the
assessment is not collected by the purchaser, the seller is responsible for submitting the
assessment to the commissioner. new text end For the purposes of this section, "a person who purchases
deleted text begin a beef cow, heifer, or steer in deleted text end new text begin cattle that were raised or fed within new text end this state" includes the
first purchaser, as defined in Minnesota Statutes, section 17.53, subdivision 8, paragraph
(a), and any subsequent purchaser of the living animal.

(b) Money collected under this section shall be deposited in an account in the special
revenue fund and is appropriated to the Board of Animal Health for bovine tuberculosis
control activities.

(c) Notwithstanding paragraph (a), a person may not collect a bovine tuberculosis
control assessment from a person whose cattle operation is located within a modified
accredited zone established under Minnesota Statutes, section 35.244, unless the cattle
owner voluntarily pays the assessment. The commissioner of agriculture shall publish and
make available a list of cattle producers exempt under this paragraph.

new text begin (d) This section may be enforced under Minnesota Statutes, sections 17.982 to
17.984.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies retroactively to cattle purchased on January 1, 2009, and thereafter.
new text end

Sec. 62. new text begin DEADLINE FOR APPOINTMENTS.
new text end

new text begin The commissioner shall complete the appointments required under Minnesota
Statutes, section 31.97, by September 1, 2009. The commissioner or the commissioner's
designee shall convene the first meeting of the Feeding Minnesota Task Force no later
than October 1, 2009.
new text end

Sec. 63. new text begin DEADLINE FOR APPOINTMENTS.
new text end

new text begin The commissioner shall complete the appointments required under Minnesota
Statutes, section 18.91 by September 1, 2009. The commissioner or the commissioner's
designee shall convene the first meeting of the committee no later than October 1, 2009.
new text end

Sec. 64. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 17.49, subdivision 3; 38.02, subdivisions 3 and 4;
41.51; 41.52; 41.53; 41.55; 41.56; 41.57; 41.58, subdivisions 1 and 2; 41.59, subdivision
1; 41.60; 41.61, subdivision 1; 41.62; 41.63; 41.65; and 84.02, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

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

ARTICLE 2

RURAL FINANCE AUTHORITY BONDS

Section 1. new text begin RURAL FINANCE AUTHORITY.
new text end

new text begin Subdivision 1. new text end

new text begin Appropriation. new text end

new text begin $35,000,000 is appropriated from the bond proceeds
fund for the purposes set forth in the Minnesota Constitution, article XI, section 5, clause
(h), to the Rural Finance Authority to purchase participation interests in or to make direct
agricultural loans to farmers under Minnesota Statutes, chapter 41B. This appropriation is
for the beginning farmer program under Minnesota Statutes, section 41B.039; the loan
restructuring program under Minnesota Statutes, section 41B.04; the seller-sponsored
program under Minnesota Statutes, section 41B.042; the agricultural improvement loan
program under Minnesota Statutes, section 41B.043; and the livestock expansion loan
program under Minnesota Statutes, section 41B.045. All debt service on bond proceeds
used to finance this appropriation must be repaid by the Rural Finance Authority under
Minnesota Statutes, section 16A.643. Loan participations must be priced to provide full
interest and principal coverage and a reserve for potential losses. Priority for loans must be
given first to basic beginning farmers loans; second, to seller-sponsored loans; and third,
to agricultural improvement loans. The authority may use a portion of this appropriation
to pay bond sales expenses under Minnesota Statutes, section 16A.641, subdivision 8.
new text end

new text begin Subd. 2. new text end

new text begin Bond sale. new text end

new text begin To provide the money appropriated in this section from the
bond proceeds fund, the commissioner of finance shall sell and issue bonds of the state in
an amount up to $35,000,000 in the manner, upon the terms, and with the effect prescribed
by Minnesota Statutes, sections 16A.631 to 16A.675, and by the Minnesota Constitution,
article XI, sections 4 to 7.
new text end

new text begin EFFECTIVE DATE. new text end

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

ARTICLE 3

VETERANS AFFAIRS

Section 1. new text begin VETERANS AFFAIRS. new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund and are available for the fiscal years indicated for each purpose. The figures
"2010" and "2011" used in this article mean that the appropriations listed under them are
available for the fiscal year ending June 30, 2010, or June 30, 2011, respectively. "The
first year" is fiscal year 2010. "The second year" is fiscal year 2011. "The biennium" is
fiscal years 2010 and 2011.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2010 new text end		new text begin 2011 new text end

Sec. 2. new text begin VETERANS AFFAIRS new text end

new text begin $ new text end

new text begin 14,152,000 new text end

new text begin $ new text end

new text begin 14,152,000 new text end

new text begin $250,000 each year is for a grant to the
Minnesota Assistance Council for Veterans.
This appropriation is in addition to the
existing agency base appropriation and must
be added to the agency appropriation base
for fiscal years 2012 and later.
new text end

new text begin $100,000 each year is for the costs of
administering the Minnesota GI Bill program
under Minnesota Statutes, section 197.791.
new text end

Sec. 3.

new text begin [168.1253] GOLD STAR LICENSE PLATE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The terms used in this section have the meanings
given them in this subdivision.
new text end

new text begin (b) "Active service" has the meaning given in section 190.05, subdivision 5.
new text end

new text begin (c) "Eligible person" means a surviving spouse or parent of a person who has died
while serving honorably in active service.
new text end

new text begin (d) "Motor vehicle" means a vehicle for personal use, not used for commercial
purposes, and may include a passenger automobile, motorcycle, recreational vehicle,
pickup truck, or van.
new text end

new text begin Subd. 2. new text end

new text begin Issuance; eligibility. new text end

new text begin Beginning October 1, 2009, the commissioner shall
issue special plates bearing the inscription "GOLD STAR" to an applicant who:
new text end

new text begin (1) is an owner or joint owner of a motor vehicle;
new text end

new text begin (2) is an eligible person; and
new text end

new text begin (3) complies with all laws relating to the registration and licensing of motor vehicles
and drivers.
new text end

new text begin Subd. 3. new text end

new text begin Design. new text end

new text begin The special plates issued under this section must be of a design
and size determined by the commissioner, in consultation with the commissioner of
veterans affairs. The commissioner may design the plates in accordance with section
168.1291, subdivision 2.
new text end

new text begin Subd. 4. new text end

new text begin Transfer. new text end

new text begin On payment of a fee of $5 and notification to the commissioner,
special plates issued under this section may be transferred to another motor vehicle owned
or jointly owned by the eligible person.
new text end

new text begin Subd. 5. new text end

new text begin Costs of production. new text end

new text begin The commissioner of finance may transfer money
in the "Support Our Troops" account under section 190.19, subdivision 2a, to the driver
and vehicle services account under section 299A.705, subdivision 1, to pay for the cost
of production of the license plates authorized under this section. The commissioner of
veterans affairs and the commissioner of public safety must agree on a payment schedule
before any money may be transferred under this subdivision.
new text end

Sec. 4.

Minnesota Statutes 2008, section 190.19, subdivision 2a, is amended to read:

Subd. 2a.

Uses; veterans.

Money appropriated to the Department of Veterans
Affairs from the Minnesota "Support Our Troops" account may be used for:

(1) grants to veterans service organizations; deleted text begin and
deleted text end

(2) outreach to underserved veterans new text begin ; and
new text end

new text begin (3) transfers to the vehicle services account for gold star license plates under section
168.1253 new text end .

Sec. 5.

Minnesota Statutes 2008, section 197.585, subdivision 5, is amended to read:

Subd. 5.

Expiration.

This section expires at the end of the first fiscal year in which
the number of veterans enrolled in Minnesota public institutions of higher education is
fewer than 4,000, but no later than June 30, deleted text begin 2011 deleted text end new text begin 2013 new text end .

Sec. 6.

Minnesota Statutes 2008, section 197.791, subdivision 6, is amended to read:

Subd. 6.

deleted text begin Insufficient deleted text end Appropriation.

deleted text begin If deleted text end The amount deleted text begin appropriated is determined by
the commissioner to be insufficient deleted text end new text begin necessary new text end to pay the benefit amounts in subdivision
5, new text begin is appropriated from the general fund to new text end the commissioner deleted text begin must reduce the amounts
specified in subdivision 5, paragraph (c), clauses (1) and (2) deleted text end . new text begin During any fiscal year
beginning on or after July 1, 2013, the amount paid under this subdivision must not
exceed $6,000,000.
new text end

ARTICLE 4

MILITARY AFFAIRS

Section 1. new text begin MILITARY APPROPRIATIONS. new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund and are available for the fiscal years indicated for each purpose. The figures
"2010" and "2011" used in this article mean that the appropriations listed under them are
available for the fiscal year ending June 30, 2010, or June 30, 2011, respectively. "The
first year" is fiscal year 2010. "The second year" is fiscal year 2011. "The biennium" is
fiscal years 2010 and 2011.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2010 new text end		new text begin 2011 new text end

Sec. 2. new text begin MILITARY AFFAIRS new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 20,894,000 new text end

new text begin $ new text end

new text begin 19,374,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Maintenance of Training Facilities new text end

new text begin 6,660,000 new text end

new text begin 6,660,000 new text end

new text begin Subd. 3. new text end new text begin General Support new text end

new text begin 2,386,000 new text end

new text begin 2,366,000 new text end

new text begin $20,000 is for a grant to a nonprofit
organization supporting the morale
of deployed service personnel. This
appropriation is available until June 30,
2011, to the extent it is matched by nonstate
money. This is a onetime appropriation.
new text end

new text begin Subd. 4. new text end new text begin Enlistment Incentives new text end

new text begin 11,848,000 new text end

new text begin 10,348,000 new text end

new text begin $1,500,000 the first year is for additional
costs of enlistment incentives. This is a
onetime appropriation.
new text end

new text begin If appropriations for either year of the
biennium are insufficient, the appropriation
from the other year is available. The
appropriations for enlistment incentives are
available until expended.
new text end