HF 1122

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:44am

A bill for an act
relating to appropriations; appropriating money for agriculture, the Board of
Animal Health, Rural Finance Authority, veterans, and the military; changing
certain agricultural and animal health requirements and programs; establishing a
program; eliminating a sunset; requiring certain studies and reports; amending
Minnesota Statutes 2008, sections 3.737, subdivision 1; 3.7371, subdivision 3;
13.643, by adding a subdivision; 17.03, subdivision 12; 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,
subdivision 3, by adding subdivisions; 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 1, 2, 2a, 3, 7, by adding subdivisions;
18B.26, subdivisions 1, 3; 18B.31, subdivisions 3, 4; 18B.37, subdivision
1; 18C.415, subdivision 3; 18C.421; 18C.425, subdivisions 4, 6; 18E.03,
subdivisions 2, 4; 18E.06; 18H.02, subdivision 12a, by adding subdivisions;
18H.07, subdivisions 2, 3; 18H.09; 18H.10; 28A.085, subdivision 1; 28A.21,
subdivision 5; 31.94; 32.394, subdivision 8; 41A.09, subdivisions 2a, 3a;
41B.039, subdivision 2; 41B.04, subdivision 8; 41B.042, subdivision 4;
41B.043, subdivision 1b; 41B.045, subdivision 2; 43A.11, subdivision 7;
97A.045, subdivision 1; 171.06, subdivision 3; 171.07, by adding a subdivision;
171.12, by adding a subdivision; 197.455, subdivision 1; 197.46; 198.003, by
adding subdivisions; 239.791, subdivisions 1, 1a; 336.9-601; 343.11; 550.365,
subdivision 2; 559.209, subdivision 2; 582.039, subdivision 2; 583.215;
626.8517; Laws 2008, chapter 297, article 2, section 26, subdivision 3; proposing
coding for new law in Minnesota Statutes, chapters 17; 18; 18B; 31; 41A; 192;
198; repealing Minnesota Statutes 2008, sections 17.49, subdivision 3; 18G.12,
subdivision 5; 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; Minnesota Rules, part 1505.0820.

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 45,023,000 new text end	new text begin $ new text end	new text begin 43,938,000 new text end	new text begin $ new text end	new text begin 88,961,000 new text end
new text begin Agricultural new text end	new text begin $ new text end	new text begin 800,000 new text end	new text begin $ new text end	new text begin 800,000 new text end	new text begin $ new text end	new text begin 1,600,000 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 46,211,000 new text end	new text begin $ new text end	new text begin 45,126,000 new text end	new text begin $ new text end	new text begin 91,337,000 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 38,190,000 new text end

new text begin $ new text end

new text begin 37,105,000 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 37,002,000 new text end	new text begin 35,917,000 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 Agricultural new text end	new text begin 800,000 new text end	new text begin 800,000 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 13,078,000 new text end

new text begin 13,078,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 12,690,000 new text end	new text begin 12,690,000 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 $75,000 the first year and $75,000 the second
year are for compensation for destroyed or
crippled animals under Minnesota Statutes,
section 3.737. If the amount in the first year
is insufficient, the amount in the second year
is available in the first year.
new text end

new text begin $75,000 the first year and $75,000 the second
year are for compensation for crop damage
under Minnesota Statutes, section 3.7371. If
the amount in the first year is insufficient, the
amount in the second year is available in the
first year.
new text end

new text begin 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.
new text end

new text begin $150,000 the first year and $150,000 the
second year are for plant pest surveys.
new text end

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

new text begin 4,782,000 new text end

new text begin 4,782,000 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 $100,000 the first year and $100,000 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 $103,000 the first year and $103,000 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 $77,000 the first year and $77,000 the second
year are for integrated pest management
activities.
new text end

new text begin $10,000 the first year and $10,000 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. The commissioner may allocate
any excess appropriation in either fiscal year
for organic market and program development
including 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 Subd. 4. new text end new text begin Bioenergy and Value-Added Agriculture new text end

new text begin 12,168,000 new text end

new text begin 12,168,000 new text end

new text begin $12,168,000 the first year and $12,168,000
the second year are for ethanol producer
payments under Minnesota Statutes, section
41A.09. If the total amount for which all
producers are eligible in a quarter exceeds
the amount available for payments, the
commissioner shall make payments on a
pro rata basis. If the appropriation exceeds
the total amount for which all producers
are eligible in a fiscal year for scheduled
payments and for deficiencies in payments
during previous fiscal years, the balance
in the appropriation is available to the
commissioner for value-added agricultural
programs including the value-added
agricultural processing and marketing grant
program under Minnesota Statutes, section
17.101, subdivision 5. The appropriation
remains available until spent. The base
appropriation for fiscal year 2012 is
$12,668,000.
new text end

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

new text begin 8,162,000 new text end

new text begin 7,077,000 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 7,362,000 new text end	new text begin 6,277,000 new text end
new text begin Agricultural new text end	new text begin 800,000 new text end	new text begin 800,000 new text end

new text begin $25,000 the first year is for a grant to
members of a farmers market association to
reimburse up to $1,000 of membership fees
for members who incurred crop damages as
a result of the hail storm in 2008.
new text end

new text begin $755,000 the first year and $755,000 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 no 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 grants to the Minnesota
Turf Seed Council for basic and applied
agronomic research on native plants,
including plant breeding but not genetic
engineering, nutrient management, pest
management, disease management, yield,
and viability. Any plantings conducted
with money from this appropriation must
protect existing native prairies from genetic
contamination. The Minnesota Turf Seed
Council may subcontract with a qualified
third party for some or all of the basic or
applied research. The Minnesota Turf Seed
Council 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. This is a onetime appropriation.
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 $1,000,000 the first year is for the 21st
century agricultural reinvestment program in
Minnesota Statutes, section 41A.12. Priority
must be given to livestock programs under
Minnesota Statutes, section 17.118. The
commissioner may use up to 4.5 percent
of this appropriation for costs incurred to
administer the program.
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 Notwithstanding Minnesota Statutes,
section 18C.131, $800,000 the first year
and $800,000 the second year are from the
agricultural fund for grants for fertilizer
research as awarded by the Minnesota
Agricultural Fertilizer Research and
Education Council under Minnesota Statutes,
section 18C.71. No later than February 1,
2011, the commissioner shall report to the
legislative committees with jurisdiction over
agriculture finance. The report must include
the progress and outcome of funded projects
as well as the sentiment of the council
concerning the need for additional research
funds.
new text end

new text begin $60,000 the first year is for grants to four
pilot food projects as required under this
article.
new text end

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

new text begin $ new text end

new text begin 5,156,000 new text end

new text begin $ new text end

new text begin 5,156,000 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 2,865,000 new text end

new text begin $ new text end

new text begin 2,865,000 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 13.643, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Research, monitoring, or assessment data. new text end

new text begin (a) Except as provided in
paragraph (b), the following data created, collected, and maintained by the Department of
Agriculture during research, monitoring, or the assessment of farm practices and related
to natural resources, the environment, agricultural facilities, or agricultural practices are
classified as private or nonpublic:
new text end

new text begin (1) names, addresses, telephone numbers, and e-mail addresses of study participants
or cooperators; and
new text end

new text begin (2) location of research, study site, and global positioning system data.
new text end

new text begin (b) The following data is public:
new text end

new text begin (1) location data and unique well numbers for wells and springs unless protected
under section 18B.10 or another statute or rule; and
new text end

new text begin (2) data from samples collected from a public water supply as defined in Minnesota
Rules, part 4720.5100.
new text end

new text begin (c) The Department of Agriculture may disclose data collected under paragraph (a) if
the Department of Agriculture determines that there is a substantive threat to human health
and safety or to the environment, or to aid in the law enforcement process. The Department
of Agriculture may also disclose data with written consent of the subject of the data.
new text end

Sec. 9.

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. 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 $100,000 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.

new text begin EFFECTIVE DATE. new text end

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

Sec. 11.

new text begin [17.459] HORSES.
new text end

new text begin Subdivision 1. new text end

new text begin Classification as livestock. new text end

new text begin Horses and other equines raised for the
purposes of riding, driving, farm or ranch work, competition, racing, recreation, sale,
or as breeding stock are livestock. Horses may be used for meat, hides, and animal
by-products. Horses and their products are livestock and farm products for purposes of
financial transactions and collateral.
new text end

new text begin Subd. 2. new text end

new text begin Agricultural pursuit. new text end

new text begin Raising horses and other equines is agricultural
production and an agricultural pursuit. Horse breeding farms, horse training farms, horse
boarding farms, or farms combining those purposes, are an intensive agricultural use that
may be accomplished on limited acreage. These intensive agricultural uses are necessary
for horses in order to control the feeding, safety, and overall condition of the animals.
new text end

new text begin Subd. 3. new text end

new text begin Nonapplicability for property tax laws. new text end

new text begin This section does not apply to
the treatment of land used for raising horses under chapter 273.
new text end

Sec. 12.

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. 13.

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. 14.

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. 15.

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. 16.

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. 17.

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 prevents the maturation and spread of noxious
weed propagating parts from one area to another.

Sec. 18.

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

new text begin Subd. 3a. 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 in section 18.81,
subdivision 1a.
new text end

Sec. 19.

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
"Growing crop" does not mean a permanent pasture, hay meadow, woodlot, or other
noncrop area which 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. 20.

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. 21.

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. 22.

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. 23.

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. 24.

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, municipality,
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 may be served.
new text end

Sec. 25.

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 . A county-designated employee 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 or county-designated
employee 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 deleted text begin weed deleted text end 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.
new text begin Upon request, the commissioner may provide information and other technical assistance
to the county weed inspector or county-designated employee to aid in the performance of
responsibilities specified by the county board under section 18.81, subdivision 1.
new text end

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. The commissioner shall maintain on the
department's Web site weed management information including but not limited to the roles
and responsibilities of citizens and government entities under sections 18.76 to 18.91 and
specific guidance as to whom a person should contact to report a noxious weed issue.
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. 26.

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

Subdivision 1.

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

The county board shall new text begin either new text end appoint new text begin at least new text end one deleted text begin or more deleted text end county agricultural
deleted text begin inspectors 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 under section 18.81, subdivisions 1a and 1b,
or a county-designated employee to carry out the duties specified under section 18.81,
subdivision 1a new text end . A notice of the appointment new text begin of either a county agricultural inspector or
county-designated employee new text end must be delivered to the commissioner within deleted text begin ten deleted text end new text begin 30 new text end days deleted text begin of
the appointment and it must establish the initial number of hours to be worked annually deleted 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 Duties; county agricultural inspectors and county-designated
employees. 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 provisions under 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 weed issues.
new text end

Sec. 28.

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

new text begin Subd. 1b. new text end

new text begin County agricultural inspectors. new text end

new text begin In addition to the mandatory duties
specified in subdivision 1a, the county board must specify the responsibilities of the
county agricultural inspector in the annual work plan. The responsibilities may include:
new text end

new text begin (1) to see that sections 18.76 to 18.91 and rules adopted under those sections are
carried out within the inspector's jurisdiction;
new text end

new text begin (2) to see that sections 21.80 to 21.92 and rules adopted under those sections are
carried out within the inspector's jurisdiction;
new text end

new text begin (3) to see that sections 21.71 to 21.78 and rules adopted under those sections are
carried out within the inspector's jurisdiction;
new text end

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

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

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

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

new text begin (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; 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. 29.

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. 30.

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. 31.

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. 32.

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 deleted text begin weed deleted text end 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 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. 33.

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. 34.

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. 35.

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. 36.

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. 37.

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 , or 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. 38.

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 position new text begin or
county-designated employee new text end , 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 Minnesota 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 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 Minnesota 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. 39.

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

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

Sec. 40.

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
fund 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. 41.

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 Minnesota 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 the 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 5, the committee
expires June 30, 2013.
new text end

Sec. 42.

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 as
provided by Code of Federal Regulations, title 40, parts 156 and 170 (2008).
new text end

Sec. 43.

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

new text begin Subd. 1b. new text end

new text begin Agricultural pesticide dealer. new text end

new text begin "Agricultural pesticide dealer" means a
person who distributes an agricultural pesticide in the state or into the state to an end user.
This action would commonly be described as a retail sale.
new text end

Sec. 44.

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. 45.

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 as provided by Code of Federal Regulation, title 40, parts 156 and 170
(2008).
new text end

Sec. 46.

Minnesota Statutes 2008, section 18B.065, subdivision 1, is amended to read:

Subdivision 1.

Collection and disposal.

The commissioner of agriculture shall
establish and operate a program to collect and dispose of waste pesticides. The program
must be made available to agricultural and deleted text begin residential deleted text end new text begin nonagricultural new text end pesticide end users
whose waste generating activity occurs in this state. new text begin Waste pesticide generated in another
state is not eligible for collection under this section.
new text end

Sec. 47.

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. 48.

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

Subd. 2a.

Disposal site requirement.

(a) For agricultural waste pesticides, the
commissioner must designate a place in each county of the state that is available at least
every new text begin other new text end year 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. new text begin The commissioner may provide a collection opportunity in a county
more frequently if the commissioner determines that a collection is warranted.
new text end

(b) For deleted text begin residential deleted text end new text begin nonagricultural new text end waste pesticides, the commissioner must provide
deleted text begin periodic deleted text end new text begin a new text end disposal deleted text begin opportunities deleted text end new text begin opportunity new text end each year in each county.

new text begin (c) new text end As provided under subdivision 7, the commissioner may enter into new text begin cooperative
new text end agreements with deleted text begin county or regional solid waste management entities deleted text end new text begin local units of
government new text end to provide deleted text begin these deleted text end new text begin the new text end collections new text begin required under paragraph (a) or (b) new text end and shall
provide deleted text begin these entities deleted text end new text begin a local unit of government, as part of the cooperative agreement,
new text end with funding for reasonable costs incurred including, but not limited to, related supplies,
transportation, advertising, and disposal costs as well as reasonable overhead costs.

deleted text begin (c) deleted text end new text begin (d) new text end A person who collects waste pesticide under deleted text begin paragraph (a) or (b) deleted text end new text begin this
section new text end shall new text begin , on a form provided or in a method approved 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 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 deleted text begin at least annually deleted text end new text begin by January 30 new text end .

Sec. 49.

Minnesota Statutes 2008, section 18B.065, subdivision 3, is amended to read:

Subd. 3.

Information deleted text begin and deleted text end new text begin ; new text end education new text begin ; report new text end .

new text begin (a) new text end The commissioner shall
provide informational and educational materials regarding waste pesticides and the proper
management of waste pesticides to the public.

new text begin (b) No later than March 15 each year, the commissioner must report the following to
the legislative committees with jurisdiction over agriculture finance:
new text end

new text begin (1) each instance of a refusal to collect waste pesticide or the assessment of a fee to a
pesticide end user as authorized in subdivision 2, paragraph (b); and
new text end

new text begin (2) waste pesticide collection information including a discussion of the type and
quantity of waste pesticide collected by the commissioner and any entity collecting waste
pesticide under subdivision 7 during the previous calendar year, a summary of waste
pesticide collection trends, and any corresponding program recommendations.
new text end

Sec. 50.

Minnesota Statutes 2008, section 18B.065, subdivision 7, is amended to read:

Subd. 7.

Cooperative agreements.

new text begin (a) new text end The commissioner may enter into
cooperative agreements with state agencies and local units of government for
administration of the waste pesticide collection program. The commissioner shall ensure
that the program is carried out in all counties. If the commissioner cannot contract with
another party to administer the program in a county, the commissioner shall perform
collections according to the provisions of this section.

new text begin (b) The commissioner, according to the terms of a cooperative agreement between
the commissioner and a local unit of government, may establish limits for unusual types
or excessive quantities of waste pesticide offered by pesticide end users to the local unit
of government.
new text end

Sec. 51.

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

new text begin Subd. 8. new text end

new text begin Waste pesticide program surcharge. new text end

new text begin The commissioner shall annually
collect a waste pesticide program surcharge of $50 on each pesticide product registered
in the state as part of a pesticide product registration application under section 18B.26,
subdivision 3.
new text end

Sec. 52.

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

new text begin Subd. 9. new text end

new text begin Waste pesticide cooperative agreement account. new text end

new text begin (a) A waste pesticide
cooperative agreement account is created in the agricultural fund. Notwithstanding section
18B.05, the proceeds of surcharges imposed under subdivision 8 must be deposited in the
agricultural fund and credited to the waste pesticide cooperative agreement account.
new text end

new text begin (b) Money in the waste pesticide cooperative agreement account, including interest,
is appropriated to the commissioner and may only be used for costs incurred under a
cooperative agreement pursuant to this section.
new text end

new text begin (c) Notwithstanding paragraph (b), if the amount available in the waste pesticide
cooperative agreement account in any fiscal year exceeds the amount obligated to local
units of government under subdivision 7, the excess is appropriated to the commissioner
to perform waste pesticide collections under this section.
new text end

Sec. 53.

Minnesota Statutes 2008, section 18B.26, subdivision 1, is amended to read:

Subdivision 1.

Requirement.

(a) Except as provided in paragraphs (b) to (d), a
person may not use or distribute a pesticide in this state unless it is registered with the
commissioner. Pesticide registrations expire on December 31 of each year and may be
renewed on or before that date for the following calendar year.

(b) Registration is not required if a pesticide is shipped from one plant or warehouse
to another plant or warehouse operated by the same person and used solely at the plant
or warehouse as an ingredient in the formulation of a pesticide that is registered under
this chapter.

(c) An unregistered pesticide that was previously registered with the commissioner
may be used for a period of two years following the cancellation of the registration of the
pesticide, unless the commissioner determines that the continued use of the pesticide
would cause unreasonable adverse effects on the environment, or with the written
permission of the commissioner. To use the unregistered pesticide at any time after
the two-year period, the pesticide end user must demonstrate to the satisfaction of the
commissioner, if requested, that the pesticide has been continuously registered under a
different brand name or by a different manufacturer and has similar composition, or, the
pesticide end user obtains the written permission of the commissioner.

(d) The commissioner may allow specific pesticide products that are not registered
with the commissioner to be distributed in this state for use in another state.

(e) Each pesticide with a unique United States Environmental Protection Agency
pesticide registration number or a unique brand name must be registered with the
commissioner.

new text begin (f) It is unlawful for a person to distribute or use a pesticide in the state, or to sell
into the state for use in the state, any pesticide product that has not been registered by the
commissioner and for which the applicable pesticide registration application fee, gross
sales fee, or waste pesticide program surcharge is not paid pursuant to subdivisions 3 and 4.
new text end

new text begin (g) Every person who sells for use in the state a pesticide product that has been
registered by the commissioner shall pay to the commissioner the applicable registration
application fees, sales fees, and waste pesticide program surcharges. These sales expressly
include all sales made electronically, telephonically, or by any other means that result in a
pesticide product being shipped to or used in the state. There is a rebuttable presumption
that pesticide products that are sold or distributed in or into the state by any person are
sold or distributed for use in the state.
new text end

Sec. 54.

Minnesota Statutes 2008, section 18B.26, subdivision 3, is amended to read:

Subd. 3.

new text begin Registration new text end application new text begin and gross sales new text end fee.

(a) new text begin For an agricultural
pesticide, new text end a registrant shall pay an annual new text begin registration new text end application fee for each new text begin agricultural
new text end pesticide deleted text begin to be registered, and this fee is set at 0.4 percent of annual gross sales within the
state and annual gross sales of pesticides used in the state, with a minimum nonrefundable
fee deleted text end of deleted text begin $250 deleted text end new text begin $350. The fee is due by December 31 preceding the year for which the
application for registration is made. The fee is nonrefundable new text end .

deleted text begin The registrant shall determine when and which pesticides are sold or used in this
state. deleted text end new text begin (b) For a nonagricultural pesticide, a registrant shall pay a minimum annual
registration application fee for each nonagricultural pesticide of $350. The fee is due by
December 31 preceding the year for which the application for registration is made. The
fee is nonrefundable. The registrant of a nonagricultural pesticide shall pay, in addition to
the $350 minimum fee, a fee of 0.5 percent of annual gross sales of the nonagricultural
pesticide in the state and the annual gross sales of the nonagricultural pesticide sold into
the state for use in this state. The commissioner may not assess a fee under this paragraph
if the amount due based on percent of annual gross sales is less than $10. new text end The registrant
shall secure sufficient sales information of new text begin nonagricultural new text end pesticides distributed into
this state from distributors and dealers, regardless of distributor location, to make a
determination. Sales of new text begin nonagricultural new text end pesticides in this state and sales of new text begin nonagricultural
new text end pesticides for use in this state by out-of-state distributors are not exempt and must be
included in the registrant's annual report, as required under paragraph deleted text begin (c) deleted text end new text begin (g) new text end , and fees
shall be paid by the registrant based upon those reported sales. Sales of new text begin nonagricultural
new text end pesticides in the state for use outside of the state are exempt from the deleted text begin application deleted text end new text begin gross
sales new text end fee in this paragraph if the registrant properly documents the sale location and
distributors. A registrant paying more than the minimum fee shall pay the balance due by
March 1 based on the gross sales of the new text begin nonagricultural new text end pesticide by the registrant for the
preceding calendar year. deleted text begin The fee for disinfectants and sanitizers shall be the minimum.
The minimum fee is due by December 31 preceding the year for which the application for
registration is made. In each fiscal year, the commissioner shall allocate from the pesticide
regulatory account a sum sufficient to collect and dispose of waste pesticides under section
18B.065. However, notwithstanding section 18B.065, if the commissioner determines
that the balance in the pesticide regulatory account at the end of the fiscal year will be
less than $500,000, the commissioner may suspend waste pesticide collections or provide
partial payment to a person for waste pesticide collection. The commissioner must notify
as soon as possible and no later than August 1 a person under contract to collect waste
pesticides of an anticipated suspension or payment reduction. deleted text end new text begin A pesticide determined by
the commissioner to be a sanitizer or disinfectant is exempt from the gross sales fee.
new text end

new text begin (c) For agricultural pesticides, a licensed agricultural pesticide dealer shall pay a
gross sales fee of 0.55 percent of annual gross sales of the agricultural pesticide in the
state and the annual gross sales of the agricultural pesticide sold into the state for use in
this state.
new text end

new text begin (d) In those cases where a registrant first sells an agricultural pesticide in or into the
state to a pesticide end user, the registrant must first obtain an agricultural pesticide dealer
license and is responsible for payment of the annual gross sales fee under paragraph (c),
record keeping under paragraph (i), and all other requirements of section 18B.316.
new text end

new text begin (e) If the total annual revenue from fees collected by the commissioner on the
registration and sale of pesticides is less than $6,600,000 for revenue collected in fiscal
year 2011, 2012, or 2013, the commissioner may increase pesticide sales and product
registration fees by the amount necessary to ensure this level of revenue is achieved.
new text end

deleted text begin (b) deleted text end new text begin (f) new text end An additional fee of deleted text begin $100 deleted text end new text begin 50 percent of the registration application fee new text end must
be paid by the applicant for each pesticide to be registered if the application is a renewal
application that is submitted after December 31.

deleted text begin (c) deleted text end new text begin (g) new text end A registrant must annually report to the commissioner the amount deleted text begin and deleted text end new text begin , new text end type new text begin
and annual gross sales new text end of each registered new text begin nonagricultural new text end pesticide sold, offered for sale, or
otherwise distributed in the state. The report shall be filed by March 1 for the previous
year's registration. The commissioner shall specify the form of the report new text begin or approve
the method for submittal of the report new text end and new text begin may new text end require additional information deemed
necessary to determine the amount and type of deleted text begin pesticides deleted text end new text begin nonagricultural pesticide
new text end annually distributed in the state. The information required shall include the brand name,
new text begin United States Environmental Protection Agency registration number and new text end amount deleted text begin ,
and formulation deleted text end of each new text begin nonagricultural new text end pesticide sold, offered for sale, or otherwise
distributed in the state, but the information collected, if made public, shall be reported in a
manner which does not identify a specific brand name in the report.

new text begin (h) A licensed agricultural pesticide dealer must annually report to the commissioner
the amount, type, and annual gross sales of each registered agricultural pesticide sold,
offered for sale, or otherwise distributed in the state or into the state for use in the state.
The report must be filed by January 31 for the previous year's sales. The commissioner
shall specify the form, contents, and approved electronic method for submittal of the
report and may require additional information deemed necessary to determine the amount
and type of agricultural pesticide annually distributed within the state or into the state.
The information required must include the brand name, United States Environmental
Protection Agency registration number, and amount of each agricultural pesticide sold,
offered for sale, or otherwise distributed in the state or into the state.
new text end

new text begin (i) A person who registers a pesticide with the commissioner under paragraph (b),
or a registrant under paragraph (d), shall keep accurate records for five years detailing
all distribution or sales transactions into the state or in the state and subject to a fee and
surcharge under this section.
new text end

new text begin (j) The records are subject to inspection, copying, and audit by the commissioner
and must clearly demonstrate proof of payment of all applicable fees and surcharges
for each registered pesticide product sold for use in this state. A person who is located
outside of this state must maintain and make available records required by this subdivision
in this state or pay all costs incurred by the commissioner in the inspecting, copying, or
auditing of the records.
new text end

new text begin (k) The commissioner may adopt by rule regulations that require persons subject
to audit under this section to provide information determined by the commissioner to be
necessary to enable the commissioner to perform the audit.
new text end

deleted text begin (d) deleted text end new text begin (l) new text end A registrant who is required to pay more than the minimum fee for any
pesticide under paragraph deleted text begin (a) deleted text end new text begin (b) new text end must pay a late fee penalty of $100 for each pesticide
application fee paid after March 1 in the year for which the license is to be issued.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009. However:
new text end

new text begin (1) the provisions of Minnesota Statutes 2008, section 18B.26, subdivision 3, remain
in effect until December 31, 2010, for the registrants of pesticide products sold within the
state or used in the state during calendar year 2009; and
new text end

new text begin (2) the commissioner of agriculture may not implement paragraph (c), (d), (e), (f),
(g), (h), (i), (j), (k), or (l) until January 1, 2010.
new text end

Sec. 55.

Minnesota Statutes 2008, section 18B.31, subdivision 3, is amended to read:

Subd. 3.

License.

A pesticide dealer license:

(1) new text begin is issued by the commissioner upon receipt and review of a complete initial or
renewal application;
new text end

new text begin (2) is valid for one year and new text end expires on deleted text begin December deleted text end new text begin January new text end 31 of each year unless it
is suspended or revoked before that date;

deleted text begin (2) deleted text end new text begin (3) new text end is not transferable to another location; and

deleted text begin (3) deleted text end new text begin (4) new text end must be prominently displayed to the public in the pesticide dealer's place of
business.

Sec. 56.

Minnesota Statutes 2008, section 18B.31, subdivision 4, is amended to read:

Subd. 4.

Application.

(a) A person must apply to the commissioner for a pesticide
dealer license on the forms and in the manner required by the commissioner.

(b) The commissioner may require an additional demonstration of dealer
qualification if the dealer has had a license suspended or revoked, or has otherwise had a
history of violations of this chapter.

new text begin (c) An application for renewal of a pesticide dealer license is not complete until the
commissioner receives the report and applicable fees required under section 18B.316,
subdivision 8.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2010.
new text end

Sec. 57.

new text begin [18B.316] AGRICULTURAL PESTICIDE DEALER LICENSE AND
REPORTING.
new text end

new text begin Subdivision 1. new text end

new text begin Requirement. new text end

new text begin (a) A person must not distribute or sell an agricultural
pesticide in the state or into the state without first obtaining an agricultural pesticide
dealer license.
new text end

new text begin (b) Each location or place of business from which an agricultural pesticide is
distributed or sold in the state or into the state is required to have a separate agricultural
pesticide dealer license.
new text end

new text begin (c) A person who is a licensed pesticide dealer under section 18B.31 is not required
to also be licensed under this subdivision.
new text end

new text begin Subd. 2. new text end

new text begin Exemption. new text end

new text begin A person who is a pesticide registrant under provisions of this
chapter is exempt from the requirement of subdivision 1, except in those cases where a
registrant first sells an agricultural pesticide in or into the state to a pesticide end user, the
registrant must first obtain an agricultural pesticide dealer license.
new text end

new text begin Subd. 3. new text end

new text begin Resident agent. new text end

new text begin (a) A person required to be licensed under subdivisions
1 and 2, or a person licensed as a pesticide dealer pursuant to section 18B.31 and who
operates from a location or place of business outside the state and who distributes or
sells an agricultural pesticide into the state, must continuously maintain in this state the
following:
new text end

new text begin (1) a registered office; and
new text end

new text begin (2) a registered agent, who may be either a resident of this state whose business
office or residence is identical with the registered office under clause (1), a domestic
corporation or limited liability company, or a foreign corporation of limited liability
company authorized to transact business in this state and having a business office identical
with the registered office.
new text end

new text begin A person licensed under this section or section 18B.31 shall annually file with the
commissioner, either at the time of initial licensing or as part of license renewal, the name,
address, telephone number, and e-mail address of the licensee's registered agent.
new text end

new text begin For licensees under section 18B.31 who are located in the state, the licensee is
the registered agent.
new text end

new text begin Subd. 4. new text end

new text begin Responsibility. new text end

new text begin The resident agent is responsible for the acts of a licensed
agricultural pesticide dealer, or of a licensed pesticide dealer under section 18B.31 who
operates from a location or place of business outside the state and who distributes or
sells an agricultural pesticide into the state, as well as the acts of the employees of those
licensees.
new text end

new text begin Subd. 5. new text end

new text begin Records. new text end

new text begin A person licensed as an agricultural pesticide dealer, or a person
licensed as a pesticide dealer pursuant to section 18B.31, must maintain for five years at the
person's principal place of business accurate records of purchases, sales, and distributions
of agricultural pesticides in and into this state, including those of its branch locations. The
records shall be made available for audit under provisions of this chapter and chapter 18D.
new text end

new text begin Subd. 6. new text end

new text begin Agricultural pesticide sales invoices. new text end

new text begin Sales invoices for agricultural
pesticides sold in or into this state by a licensed agricultural pesticide dealer or a pesticide
dealer under this section must show the percent of gross sales fee rate assessed and the
gross sales fee paid under section 18B.26, subdivision 3, paragraph (c). Only the person
who actually will pay the gross sales fee may show the rate or the amount of the fee as
a line item on the sales invoice.
new text end

new text begin Subd. 7. new text end

new text begin License. new text end

new text begin An agricultural pesticide dealer license:
new text end

new text begin (1) is issued by the commissioner upon receipt and review of a complete initial or
renewal application;
new text end

new text begin (2) is valid for one year and expires on January 31 of each year;
new text end

new text begin (3) is not transferable from one location or place of business to another location
or place of business; and
new text end

new text begin (4) must be prominently displayed to the public in the agricultural pesticide dealer's
place of business and in the registered office of the resident agent.
new text end

new text begin Subd. 8. new text end

new text begin Report of sales and payment to the commissioner. new text end

new text begin A person who is an
agricultural pesticide dealer, or is a licensed pesticide dealer under section 18B.31, who
distributes or sells an agricultural pesticide in or into the state, and a pesticide registrant
pursuant to section 18B.26, subdivision 3, paragraph (d), shall no later than January 31 of
each year report and pay applicable fees on annual gross sales of agricultural pesticides
to the commissioner pursuant to requirements under section 18B.26, subdivision 3,
paragraphs (c) and (h).
new text end

new text begin Subd. 9. new text end

new text begin Application. new text end

new text begin (a) A person must apply to the commissioner for an
agricultural pesticide dealer license on forms and in a manner approved by the
commissioner.
new text end

new text begin (b) The applicant must be the person in charge of each location or place of business
from which agricultural pesticides are distributed or sold in or into the state.
new text end

new text begin (c) The commissioner may require that the applicant provide information regarding
the applicant's proposed operations and other information considered pertinent by the
commissioner.
new text end

new text begin (d) The commissioner may require additional demonstration of licensee qualification
if the licensee has had a license suspended or revoked, or has otherwise had a history of
violations in another state or violations of this chapter.
new text end

new text begin (e) A licensed agricultural pesticide dealer who changes the dealer's address or place
of business must immediately notify the commissioner of the change.
new text end

new text begin (f) An application for renewal of an agricultural pesticide dealer license is complete
only when a report and any applicable payment of fees under subdivision 8 are received
by the commissioner.
new text end

new text begin Subd. 10. new text end

new text begin Application fee. new text end

new text begin (a) An application for an agricultural pesticide dealer
license, or a renewal of an agricultural pesticide dealer license, must be accompanied
by a nonrefundable fee of $150.
new text end

new text begin (b) If an application for renewal of an agricultural pesticide dealer license is not filed
before January of the year for which the license is to be issued, an additional fee of 50
percent of the application fee must be paid by the applicant before the commissioner
may issue the license.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009. However, the
commissioner of agriculture may not implement subdivision 9, paragraph (f), until
January 1, 2011.
new text end

Sec. 58.

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. 59.

Minnesota Statutes 2008, section 18B.37, subdivision 1, is amended to read:

Subdivision 1.

Pesticide dealer.

(a) A pesticide dealer must maintain records of all
sales of restricted use pesticides as required by the commissioner. Records must be kept at
the time of sale on forms supplied by the commissioner or on the pesticide dealer's forms
if they are approved by the commissioner.

(b) Records must be submitted deleted text begin annually with the renewal application for a pesticide
dealer license or deleted text end upon request of the commissioner.

(c) Copies of records required under this subdivision must be maintained by the
pesticide dealer for a period of five years after the date of the pesticide sale.

Sec. 60.

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. 61.

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.

deleted text begin (c) 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 new text begin (c) new 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. 62.

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. 63.

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
deleted text begin 30 deleted text end new text begin 70 new text end 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. 64.

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; and

(4) deleted text begin by the board deleted text end to reimburse the commissioner for board staff and other
administrative costs new text begin and the commissioner's incident response program costs related to
eligible incident sites, new text end up to deleted text begin $225,000 deleted text end new text begin $450,000 new text end per fiscal year.

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

Sec. 65.

Minnesota Statutes 2008, section 18E.03, subdivision 4, is amended to read:

Subd. 4.

Fee.

(a) The response and reimbursement fee consists of the surcharges and
any adjustments made by the commissioner in this subdivision and shall be collected by
the commissioner. The amount of the response and reimbursement fee shall be determined
and imposed annually by the commissioner as required to satisfy the requirements in
subdivision 3. The commissioner shall adjust the amount of the surcharges imposed in
proportion to the amount of the surcharges listed in this subdivision. License application
categories under paragraph (d) must be charged in proportion to the amount of surcharges
imposed up to a maximum of 50 percent of the license fees set under chapters 18B and
18C.

(b) The commissioner shall impose a surcharge on pesticides registered under
chapter 18B to be collected as a surcharge on the deleted text begin registration application fee deleted text end new text begin gross sales new text end
under section 18B.26, subdivision 3, that is equal to 0.1 percent of sales of the pesticide
in the state and sales of pesticides for use in the state during the previous calendar year,
except the surcharge may not be imposed on pesticides that are sanitizers or disinfectants
as determined by the commissioner. No surcharge is required if the surcharge amount
based on percent of annual gross sales is less than $10. deleted text begin The registrant shall determine
when and which pesticides are sold or used in this state. The registrant shall secure
sufficient sales information of pesticides distributed into this state from distributors and
dealers, regardless of distributor location, to make a determination. Sales of pesticides in
this state and sales of pesticides for use in this state by out-of-state distributors are not
exempt and must be included in the registrant's annual report, as required under section
18B.26, subdivision 3, paragraph (c), and fees shall be paid by the registrant based upon
those reported sales. deleted text end Sales of pesticides in the state for use outside of the state are exempt
from the surcharge in this paragraph if the registrant new text begin , agricultural pesticide dealer, or
pesticide dealer new text end properly documents the sale location and the distributors.

(c) The commissioner shall impose a ten cents per ton surcharge on the inspection
fee under section 18C.425, subdivision 6, for fertilizers, soil amendments, and plant
amendments.

(d) The commissioner shall impose a surcharge on the license application of persons
licensed under chapters 18B and 18C consisting of:

(1) a $75 surcharge for each site where pesticides are stored or distributed, to
be imposed as a surcharge on pesticide dealer application fees under section 18B.31,
subdivision 5 new text begin , and the agricultural pesticide dealer application fee under section 18B.316,
subdivision 10 new text end ;

(2) a $75 surcharge for each site where a fertilizer, plant amendment, or soil
amendment is distributed, to be imposed on persons licensed under sections 18C.415
and 18C.425;

(3) a $50 surcharge to be imposed on a structural pest control applicator license
application under section 18B.32, subdivision 6, for business license applications only;

(4) a $20 surcharge to be imposed on commercial applicator license application fees
under section 18B.33, subdivision 7; and

(5) a $20 surcharge to be imposed on noncommercial applicator license application
fees under section 18B.34, subdivision 5, except a surcharge may not be imposed on a
noncommercial applicator that is a state agency, political subdivision of the state, the
federal government, or an agency of the federal government.

(e) A $1,000 fee shall be imposed on each site where pesticides are stored and sold
for use outside of the state unless:

(1) the distributor properly documents that it has less than $2,000,000 per year in
wholesale value of pesticides stored and transferred through the site; or

(2) the registrant pays the surcharge under paragraph (b) and the registration fee
under section 18B.26, subdivision 3, for all of the pesticides stored at the site and sold for
use outside of the state.

(f) Paragraphs (c) to (e) apply to sales, licenses issued, applications received for
licenses, and inspection fees imposed on or after July 1, 1990.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009. However, the
commissioner of agriculture may not implement the change to paragraph (b) until January
1, 2010.
new text end

Sec. 66.

Minnesota Statutes 2008, section 18E.06, is amended to read:

18E.06 REPORT.

By December 1 of each year, the Agricultural Chemical Response Compensation
Board and the commissioner shall submit to the house of representatives Committee
on Ways and Means, the senate Committee on Finance, the house of representatives
and senate committees with jurisdiction over the environment, natural resources, and
agriculture, and the Environmental Quality Board a report detailing the new text begin board's new text end activities
and reimbursements new text begin and the expenditures and activities associated with the commissioner's
incident response program new text end for which money from the account has been spent during
the previous year.

Sec. 67.

Minnesota Statutes 2008, section 18H.02, subdivision 12a, is amended to read:

Subd. 12a.

deleted text begin Individual deleted text end new text begin Dormant new text end .

deleted text begin "Individual" means a human being deleted text end new text begin "Dormant"
means nursery stock without etiolated growth new text end .

new text begin EFFECTIVE DATE. new text end

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

Sec. 68.

Minnesota Statutes 2008, section 18H.02, is amended by adding a subdivision
to read:

new text begin Subd. 12b. new text end

new text begin Etiolated growth. new text end

new text begin "Etiolated growth" means bleached and unnatural
growth resulting from the exclusion of sunlight.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 69.

Minnesota Statutes 2008, section 18H.02, is amended by adding a subdivision
to read:

new text begin Subd. 12c. new text end

new text begin Individual. new text end

new text begin "Individual" means a human being.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 70.

Minnesota Statutes 2008, section 18H.02, is amended by adding a subdivision
to read:

new text begin Subd. 24a. new text end

new text begin Packaged stock. new text end

new text begin "Packaged stock" means bare root nursery stock
packed with the roots in moisture-retaining material encased in plastic film or other
material designed to hold the moisture-retaining material in place.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 71.

Minnesota Statutes 2008, section 18H.07, subdivision 2, is amended to read:

Subd. 2.

Nursery stock grower certificate.

(a) A nursery stock grower must
pay an annual fee based on the area of all acreage on which nursery stock is grown for
certification as follows:

(1) less than one-half acre, $150;

(2) from one-half acre to two acres, $200;

(3) over two acres up to five acres, $300;

(4) over five acres up to ten acres, $350;

(5) over ten acres up to 20 acres, $500;

(6) over 20 acres up to 40 acres, $650;

(7) over 40 acres up to 50 acres, $800;

(8) over 50 acres up to 200 acres, $1,100;

(9) over 200 acres up to 500 acres, $1,500; and

(10) over 500 acres, $1,500 plus $2 for each additional acre.

(b) In addition to the fees in paragraph (a), a penalty of ten percent of the fee
due must be charged for each month, or portion thereof, that the fee is delinquent up
to a maximum of 30 percent for any application for renewal not deleted text begin received by January 1 deleted text end new text begin
postmarked by December 31 new text end of the new text begin current new text end year deleted text begin following expiration of a certificate 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. 72.

Minnesota Statutes 2008, section 18H.07, subdivision 3, is amended to read:

Subd. 3.

Nursery stock dealer certificate.

(a) A nursery stock dealer must pay an
annual fee based on the dealer's gross sales of certified nursery stock per location during
the most recent certificate year. A certificate applicant operating for the first time must pay
the minimum fee. The fees per sales location are:

(1) gross sales up to $5,000, $150;

(2) gross sales over $5,000 up to $20,000, $175;

(3) gross sales over $20,000 up to $50,000, $300;

(4) gross sales over $50,000 up to $75,000, $425;

(5) gross sales over $75,000 up to $100,000, $550;

(6) gross sales over $100,000 up to $200,000, $675; and

(7) gross sales over $200,000, $800.

(b) In addition to the fees in paragraph (a), a penalty of ten percent of the fee
due must be charged for each month, or portion thereof, that the fee is delinquent up
to a maximum of 30 percent for any application for renewal not deleted text begin received by January 1 deleted text end new text begin
postmarked by December 31 new text end of the new text begin current new text end year deleted text begin following expiration of a certificate 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. 73.

Minnesota Statutes 2008, section 18H.09, is amended to read:

18H.09 NURSERY STOCK CERTIFICATION REQUIREMENTS.

(a) All nursery stock growing at sites identified by new text begin nursery stock dealers or new text end nursery
stock growers and submitted for inspection must be inspected by the commissioner within
the previous 12 months prior to sale and found apparently free from quarantine and
regulated nonquarantine pests as well as significantly dangerous or potentially damaging
plant pests. The commissioner may waive a site inspection under the following conditions:

(1) the nursery stock is not going to be sold within 12 months;

(2) the nursery stock will not be moved out of Minnesota; and

(3) the nursery site or stock is not subject to certification requirements associated
with a state or federally regulated or quarantined plant pest.

All nursery stock originating from out of state and offered for sale in Minnesota
must have been inspected by the appropriate state or federal agency during the previous
12 months and found free from quarantine and regulated nonquarantine pests as well as
significantly dangerous or potentially damaging plant pests. A nursery stock certificate
is valid from January 1 to December 31.

(b) Nursery stock must be accessible to the commissioner for inspection during
regular business hours. Weeds or other growth that hinder a proper inspection are grounds
to suspend or withhold a certificate or require a reinspection.

(c) Inspection reports issued to growers must contain a list of the plant pests found at
the time of inspection. Withdrawal-from-distribution orders are considered part of the
inspection reports. A withdrawal-from-distribution order must contain a list of plants
withdrawn from distribution and the location of the plants.

(d) The commissioner may post signs to delineate sections withdrawn from
distribution. These signs must remain in place until the commissioner removes them or
grants written permission to the grower to remove the signs.

(e) Inspection reports issued to dealers must outline the violations involved and
corrective actions to be taken including withdrawal-from-distribution orders which would
specify nursery stock that could not be distributed from a certain area.

(f) Optional inspections of plants may be conducted by the commissioner upon
request by any persons desiring an inspection. A fee as provided in section 18H.07 must
be charged for such an inspection.

new text begin EFFECTIVE DATE. new text end

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

Sec. 74.

Minnesota Statutes 2008, section 18H.10, is amended to read:

18H.10 STORAGE OF NURSERY STOCK.

All nursery stock must be kept and displayed under conditions of temperature,
light, and moisture sufficient to maintain the viability and vigor of the nursery stock. new text begin
Packaged dormant nursery stock must be stored under conditions that retard growth,
prevent etiolated growth, and protect its viability.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 75.

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. 76.

Minnesota Statutes 2008, section 28A.21, subdivision 5, is amended to read:

Subd. 5.

Duties.

The task force shall:

(1) coordinate educational efforts regarding food safety new text begin and defense new text end ;

(2) provide advice and coordination to state agencies as requested by the agencies;

(3) serve as a source of information and referral for the public, news media, and
others concerned with food safety new text begin and defense new text end ; and

(4) make recommendations to Congress, the legislative committees with jurisdiction
over agriculture finance and policy, the legislature, and others about appropriate action to
improve food safety new text begin and defense new text end in the state.

Sec. 77.

Minnesota Statutes 2008, section 31.94, is amended to read:

31.94 COMMISSIONER DUTIES.

(a) In order to promote opportunities for organic agriculture in Minnesota, the
commissioner shall:

(1) survey producers and support services and organizations to determine
information and research needs in the area of organic agriculture practices;

(2) work with the University of Minnesota to demonstrate the on-farm applicability
of organic agriculture practices to conditions in this state;

(3) direct the programs of the department so as to work toward the promotion of
organic agriculture in this state;

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

(5) work closely with producers, the University of Minnesota, the Minnesota Trade
Office, and other appropriate organizations to identify opportunities and needs as well
as ensure coordination and avoid duplication of state agency efforts regarding research,
teaching, marketing, and extension work relating to organic agriculture.

(b) By November 15 of each even-numbered year the commissioner, in conjunction
with the task force created in paragraph (c), shall report on the status of organic
agriculture in Minnesota to the legislative policy and finance committees and divisions
with jurisdiction over agriculture. The report must include:

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

(2) a description of specific actions the department of agriculture is taking in the
area of organic agriculture, including the proportion of the department's budget spent on
organic agriculture;

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

(4) suggestions for changes in existing programs or policies or enactment of new
programs or policies that will affect organic agriculture;

(5) a description of market trends and potential for organic products;

(6) available information, using currently reliable data, on the price received, yield,
and profitability of organic farms, and a comparison with data on conventional farms; and

(7) available information, using currently reliable data, on the positive and negative
impacts of organic production on the environment and human health.

(c) deleted text begin The commissioner shall appoint deleted text end A Minnesota Organic Advisory Task Force deleted text begin to deleted text end new text begin
shall new text end advise the commissioner new text begin and the University of Minnesota new text end on policies and deleted text begin practices
to deleted text end new text begin programs that will new text end improve organic agriculture in Minnesota new text begin , including how available
resources can most effectively be used for outreach, education, research, and technical
assistance that meet the needs of the organic agriculture community new text end . The task force must
consist of the following residents of the state:

(1) three farmers using organic agriculture methods;

(2) two deleted text begin organic food deleted text end wholesalers, retailers, or distributors new text begin of organic products new text end ;

(3) one representative of organic deleted text begin food deleted text end certification agencies;

(4) two organic deleted text begin food deleted text end processors;

(5) one representative from deleted text begin the deleted text end new text begin University of new text end Minnesota Extension deleted text begin Service deleted text end ;

(6) one deleted text begin representative from a deleted text end new text begin University of new text end Minnesota deleted text begin postsecondary research
institution deleted text end new text begin faculty member new text end ;

(7) one representative from a nonprofit organization representing producers;

(8) deleted text begin one deleted text end new text begin two new text end at-large deleted text begin member deleted text end new text begin members new text end ;

(9) one representative from the United States Department of Agriculture; and

(10) one organic consumer representative.

new text begin The commissioner, in consultation with the director of the Minnesota Agricultural
Experiment Station; the dean and director of University of Minnesota Extension; and the
dean of the College of Food, Agricultural and Natural Resource Sciences shall appoint
members to serve staggered two-year terms.
new text end

deleted text begin Terms, deleted text end Compensation deleted text begin , deleted text end and removal of members are governed by section 15.059,
subdivision 6. The task force must meet at least twice each year and expires on June
30, deleted text begin 2009 deleted text end new text begin 2013 new text end .

(d) For the purposes of expanding, improving, and developing production and
marketing of the organic products of Minnesota agriculture, the commissioner may
receive funds from state and federal sources and spend them, including through grants or
contracts, to assist producers and processors to achieve certification, to conduct education
or marketing activities, to enter into research and development partnerships, or to address
production or marketing obstacles to the growth and well-being of the industry.

(e) The commissioner may facilitate the registration of state organic production
and handling operations including those exempt from organic certification according to
Code of Federal Regulations, title 7, section 205.101, and certification agents operating
within the state.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 30, 2009.
new text end

Sec. 78.

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 must
establish the Feeding Minnesota Task Force to study 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 must appoint task force members as follows:
new text end

new text begin (1) one member representing a food bank organization;
new text end

new text begin (2) two members representing food producer and grower organizations;
new text end

new text begin (3) one member representing the Minnesota Farmers Market Association;
new text end

new text begin (4) one member representing Minnesota higher education institutions;
new text end

new text begin (5) one member representing the food transportation industry;
new text end

new text begin (6) two members representing statewide agricultural organizations; and
new text end

new text begin (7) one member representing food processors.
new text end

new text begin Subd. 3. new text end

new text begin No compensation. new text end

new text begin Task force members may not be compensated under
section 15.059, subdivision 3.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin The commissioner must convene the task force no later than
January 31, 2010. The commissioner must make policy recommendations to the chairs of
the legislative committees with jurisdiction over agriculture finance by November 1, 2010.
new text end

new text begin Subd. 5. new text end

new text begin Expiration. new text end

new text begin This section expires November 1, 2010.
new text end

Sec. 79.

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 of deleted text begin $45 deleted text end new text begin $100 new text end per
reinspection must be paid by the processor or by the marketing organization on behalf
of its patrons.

Sec. 80.

Minnesota Statutes 2008, section 41A.09, subdivision 2a, is amended to read:

Subd. 2a.

Definitions.

For the purposes of this section, the terms defined in this
subdivision have the meanings given them.

(a) "Ethanol" means fermentation ethyl alcohol derived from agricultural products,
including potatoes, cereal grains, cheese whey, and sugar beets; forest products; or
other renewable resources, including residue and waste generated from the production,
processing, and marketing of agricultural products, forest products, and other renewable
resources, that:

(1) meets all of the specifications in ASTM specification D4806-04a; and

(2) is denatured as specified in Code of Federal Regulations, title 27, parts 20 and 21.

(b) "Ethanol plant" means a plant at which ethanol is produced.

(c) "Commissioner" means the commissioner of agriculture.

deleted text begin (d) "Rural economic infrastructure" means the development of activities that
will enhance the value of agricultural crop or livestock commodities or by-products
or waste from farming operations through new and improved value-added conversion
processes and technologies, the development of more timely and efficient infrastructure
delivery systems, and the enhancement of marketing opportunities. "Rural economic
infrastructure" also means land, buildings, structures, fixtures, and improvements located
or to be located in Minnesota and used or operated primarily for the processing or the
support of production of marketable products from agricultural commodities or wind
energy produced in Minnesota.
deleted text end

Sec. 81.

Minnesota Statutes 2008, section 41A.09, subdivision 3a, is amended to read:

Subd. 3a.

Ethanol producer payments.

(a) The commissioner shall make cash
payments to producers of ethanol located in the state that have begun production at a
specific location by June 30, 2000. For the purpose of this subdivision, an entity that holds
a controlling interest in more than one ethanol plant is considered a single producer.
The amount of the payment for each producer's annual production, except as provided
in paragraph (c), is 20 cents per gallon for each gallon of ethanol produced at a specific
location on or before June 30, 2000, or ten years after the start of production, whichever is
later. Annually, within 90 days of the end of its fiscal year, an ethanol producer receiving
payments under this subdivision must file a disclosure statement on a form provided by
the commissioner. The initial disclosure statement must include a summary description
of the organization of the business structure of the claimant, a listing of the percentages
of ownership by any person or other entity with an ownership interest of five percent or
greater, and a copy of its annual audited financial statements, including the auditor's report
and footnotes. The disclosure statement must include information demonstrating what
percentage of the entity receiving payments under this section is owned by farmers or
other entities eligible to farm or own agricultural land in Minnesota under the provisions
of section 500.24. Subsequent annual reports must reflect noncumulative changes in
ownership of ten percent or more of the entity. The report need not disclose the identity of
the persons or entities eligible to farm or own agricultural land with ownership interests,
individuals residing within 30 miles of the plant, or of any other entity with less than
ten percent ownership interest, but the claimant must retain information within its files
confirming the accuracy of the data provided. This data must be made available to the
commissioner upon request. Not later than the 15th day of February in each year the
commissioner shall deliver to the chairs of the standing committees of the senate and the
house of representatives that deal with agricultural policy and agricultural finance issues
an annual report summarizing aggregated data from plants receiving payments under this
section during the preceding calendar year. Audited financial statements and notes and
disclosure statements submitted to the commissioner are nonpublic data under section
13.02, subdivision 9. Notwithstanding the provisions of chapter 13 relating to nonpublic
data, summaries of the submitted audited financial reports and notes and disclosure
statements will be contained in the report to the committee chairs and will be public data.

(b) No payments shall be made for ethanol production that occurs after June 30,
2010. A producer of ethanol shall not transfer the producer's eligibility for payments
under this section to an ethanol plant at a different location.

(c) If the level of production at an ethanol plant increases due to an increase in the
production capacity of the plant, the payment under paragraph (a) applies to the additional
increment of production until ten years after the increased production began. Once a
plant's production capacity reaches 15,000,000 gallons per year, no additional increment
will qualify for the payment.

(d) Total payments under paragraphs (a) and (c) to a producer in a fiscal year may
not exceed $3,000,000.

(e) By the last day of October, January, April, and July, each producer shall file a
claim for payment for ethanol production during the preceding three calendar months.
A producer that files a claim under this subdivision shall include a statement of the
producer's total ethanol production in Minnesota during the quarter covered by the claim.
For each claim and statement of total ethanol production filed under this subdivision,
the volume of ethanol production must be examined by an independent certified public
accountant in accordance with standards established by the American Institute of Certified
Public Accountants.

(f) Payments shall be made November 15, February 15, May 15, and August 15. A
separate payment shall be made for each claim filed. Except as provided in paragraph (g),
the total quarterly payment to a producer under this paragraph may not exceed $750,000.

(g) Notwithstanding the quarterly payment limits of paragraph (f), the commissioner
shall make an additional payment in the fourth quarter of each fiscal year to ethanol
producers for the lesser of: (1) 20 cents per gallon of production in the fourth quarter of the
year that is greater than 3,750,000 gallons; or (2) the total amount of payments lost during
the first three quarters of the fiscal year due to plant outages, repair, or major maintenance.
Total payments to an ethanol producer in a fiscal year, including any payment under this
paragraph, must not exceed the total amount the producer is eligible to receive based on
the producer's approved production capacity. The provisions of this paragraph apply only
to production losses that occur in quarters beginning after December 31, 1999.

(h) The commissioner shall reimburse ethanol producers for any deficiency in
payments during earlier quarters if the deficiency occurred because of unallotment or
because appropriated money was insufficient to make timely payments in the full amount
provided in paragraph (a). Notwithstanding the quarterly or annual payment limitations in
this subdivision, the commissioner shall begin making payments for earlier deficiencies in
each fiscal year that appropriations for ethanol payments exceed the amount required to
make eligible scheduled payments. Payments for earlier deficiencies must continue until
the deficiencies for each producer are paid in full, except the commissioner shall not make
a deficiency payment to an entity that no longer produces ethanol on a commercial scale
at the location for which the entity qualified for producer payments, or to an assignee of
the entity.

(i) The commissioner may deleted text begin make direct payments to producers of rural economic
infrastructure deleted text end new text begin provide financial assistance under the 21st century agricultural reinvestment
program in section 41A.12 new text end with any amount of the annual appropriation for ethanol
producer payments deleted text begin and rural economic infrastructure deleted text end that is in excess of the amount
required to make scheduled ethanol producer payments and deficiency payments under
paragraphs (a) to (h).

Sec. 82.

new text begin [41A.12] 21ST CENTURY AGRICULTURAL REINVESTMENT
PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The 21st century agricultural reinvestment program
is established in order to promote the advancement of the state's agricultural and renewable
energy industries.
new text end

new text begin Subd. 2. new text end

new text begin Activities authorized. new text end

new text begin For the purposes of this program, the commissioner
may issue grants, loans, or other forms of financial assistance. Eligible activities include,
but are not limited to, grants to livestock producers under the livestock investment grant
program under section 17.118 and bioenergy awards made by the NextGen Energy Board
under section 41A.105.
new text end

new text begin Subd. 3. new text end

new text begin Oversight. new text end

new text begin The commissioner, in consultation with the chairs and ranking
minority members of the house of representatives and senate committees with jurisdiction
over agriculture finance, must allocate available funds among eligible uses, develop
competitive eligibility criteria, and award funds on a needs basis.
new text end

Sec. 83.

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.

new text begin EFFECTIVE DATE. new text end

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

Sec. 84.

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.

new text begin EFFECTIVE DATE. new text end

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

Sec. 85.

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.

new text begin EFFECTIVE DATE. new text end

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

Sec. 86.

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.

new text begin EFFECTIVE DATE. new text end

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

Sec. 87.

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.

new text begin EFFECTIVE DATE. new text end

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

Sec. 88.

Minnesota Statutes 2008, section 97A.045, subdivision 1, is amended to read:

Subdivision 1.

Duties; generally.

new text begin (a) new text end The commissioner shall do all things the
commissioner determines are necessary to preserve, protect, and propagate desirable
species of wild animals. The commissioner shall make special provisions for the
management of fish and wildlife to ensure recreational opportunities for anglers and
hunters. The commissioner shall acquire wild animals for breeding or stocking and may
dispose of or destroy undesirable or predatory wild animals and their dens, nests, houses,
or dams.

new text begin (b) Notwithstanding chapters 17 and 35, the commissioner, in consultation with the
commissioner of agriculture and the executive director of the Board of Animal Health,
may capture or control nonnative or domestic animals that are released, have escaped,
or are otherwise running at large and causing damage to natural resources or agricultural
lands, or that are posing a threat to wildlife, domestic animals, or human health. The
commissioner may work with other agencies to assist in the capture or control and may
authorize persons to take such animals.
new text end

Sec. 89.

Minnesota Statutes 2008, section 239.791, subdivision 1, is amended to read:

Subdivision 1.

Minimum ethanol content required.

(a) Except as provided in
subdivisions 10 to 14, a person responsible for the product shall ensure that all gasoline
sold or offered for sale in Minnesota must contain at least new text begin the quantity of ethanol required
by clause (1) or (2), whichever is greater:
new text end

new text begin (1) new text end 10.0 percent denatured ethanol by volume new text begin ; or
new text end

new text begin (2) the maximum percent of denatured ethanol by volume authorized in a waiver
granted by the United States Environmental Protection Agency under section 211(f)(4) of
the Clean Air Act, United States Code, title 42, section 7545, subsection (f), paragraph (4) new text end .

(b) For purposes of enforcing the minimum ethanol requirement of paragraph (a),
a gasoline/ethanol blend will be construed to be in compliance if the ethanol content,
exclusive of denaturants and permitted contaminants, comprises not less than 9.2 percent
by volume and not more than 10.0 percent by volume of the blend as determined by an
appropriate United States Environmental Protection Agency or American Society of
Testing Materials standard method of analysis of alcohol/ether content in engine fuels.

(c) The provisions of this subdivision are suspended during any period of time that
subdivision 1a, paragraph (a), is in effect.

Sec. 90.

Minnesota Statutes 2008, section 239.791, subdivision 1a, is amended to read:

Subd. 1a.

Minimum ethanol content required.

(a) Except as provided in
subdivisions 10 to 14, on August 30, 2013, and thereafter, a person responsible for the
product shall ensure that all gasoline sold or offered for sale in Minnesota must contain at
least new text begin the quantity of ethanol required by clause (1) or (2), whichever is greater:
new text end

new text begin (1) new text end 20 percent denatured ethanol by volume new text begin ; or
new text end

new text begin (2) the maximum percent of denatured ethanol by volume authorized in a waiver
granted by the United States Environmental Protection Agency under section 211(f)(4) of
the Clean Air Act, United States Code, title 42, section 7545, subsection (f), paragraph (4) new text end .

(b) For purposes of enforcing the minimum ethanol requirement of paragraph (a),
a gasoline/ethanol blend will be construed to be in compliance if the ethanol content,
exclusive of denaturants and permitted contaminants, comprises not less than 18.4 percent
by volume and not more than 20 percent by volume of the blend as determined by an
appropriate United States Environmental Protection Agency or American Society of
Testing Materials standard method of analysis of alcohol content in motor fuels.

(c) No motor fuel shall be deemed to be a defective product by virtue of the fact
that the motor fuel is formulated or blended pursuant to the requirements of paragraph
(a) under any theory of liability except for simple or willful negligence or fraud. This
paragraph does not preclude an action for negligent, fraudulent, or willful acts. This
paragraph does not affect a person whose liability arises under chapter 115, water pollution
control; 115A, waste management; 115B, environmental response and liability; 115C,
leaking underground storage tanks; or 299J, pipeline safety; under public nuisance law
for damage to the environment or the public health; under any other environmental or
public health law; or under any environmental or public health ordinance or program of a
municipality as defined in section 466.01.

(d) This subdivision expires on December 31, 2010, if by that date:

(1) the commissioner of agriculture certifies and publishes the certification in
the State Register that at least 20 percent of the volume of gasoline sold in the state
is denatured ethanol; or

(2) federal approval has not been granted for the use of E20 as gasoline. The United
States Environmental Protection Agency's failure to act on an application shall not be
deemed approval of the use of E20, or a waiver under section 211(f)(4) of the Clean Air
Act, United States Code, title 42, section 7545, subsection (f), paragraph (4).

Sec. 91.

Minnesota Statutes 2008, section 336.9-601, is amended to read:

336.9-601 RIGHTS AFTER DEFAULT; JUDICIAL ENFORCEMENT;
CONSIGNOR OR BUYER OF ACCOUNTS, CHATTEL PAPER, PAYMENT
INTANGIBLES, OR PROMISSORY NOTES.

(a) Rights of secured party after default. After default, a secured party has the
rights provided in this part and, except as otherwise provided in section 336.9-602, those
provided by agreement of the parties. A secured party:

(1) may reduce a claim to judgment, foreclose, or otherwise enforce the claim,
security interest, or agricultural lien by any available judicial procedure; and

(2) if the collateral is documents, may proceed either as to the documents or as
to the goods they cover.

(b) Rights and duties of secured party in possession or control. A secured party
in possession of collateral or control of collateral under section 336.7-106, 336.9-104,
336.9-105, 336.9-106, or 336.9-107 has the rights and duties provided in section
336.9-207.

(c) Rights cumulative; simultaneous exercise. The rights under subsections (a)
and (b) are cumulative and may be exercised simultaneously.

(d) Rights of debtor and obligor. Except as otherwise provided in subsection (g)
and section 336.9-605, after default, a debtor and an obligor have the rights provided in
this part and by agreement of the parties.

(e) Lien of levy after judgment. If a secured party has reduced its claim to
judgment, the lien of any levy that may be made upon the collateral by virtue of an
execution based upon the judgment relates back to the earliest of:

(1) the date of perfection of the security interest or agricultural lien in the collateral;

(2) the date of filing a financing statement covering the collateral; or

(3) any date specified in a statute under which the agricultural lien was created.

(f) Execution sale. A sale pursuant to an execution is a foreclosure of the security
interest or agricultural lien by judicial procedure within the meaning of this section. A
secured party may purchase at the sale and thereafter hold the collateral free of any other
requirements of this article.

(g) Consignor or buyer of certain rights to payment. Except as otherwise
provided in section 336.9-607(c), this part imposes no duties upon a secured party that is
a consignor or is a buyer of accounts, chattel paper, payment intangibles, or promissory
notes.

(h) Security interest in collateral that is agricultural property; enforcement. A
person may not begin to enforce a security interest in collateral that is agricultural property
subject to sections 583.20 to 583.32 that has secured a debt of more than $5,000 unless: a
mediation notice under subsection (i) is served on the debtor after a condition of default
has occurred in the security agreement and a copy served on the director of the agricultural
extension service; and the debtor and creditor have completed mediation under sections
583.20 to 583.32; or as otherwise allowed under sections 583.20 to 583.32.

(i) Mediation notice. A mediation notice under subsection (h) must contain the
following notice with the blanks properly filled in.

"TO: ...(Name of Debtor)...

YOU HAVE DEFAULTED ON THE ...(Debt in Default)... SECURED BY
AGRICULTURAL PROPERTY DESCRIBED AS ...(Reasonable Description of
Agricultural Property Collateral) deleted text begin ... deleted text end new text begin . THE AMOUNT OF THE OUTSTANDING DEBT
IS ...(Amount of Debt)...
new text end

AS A SECURED PARTY, ...(Name of Secured Party)... INTENDS TO ENFORCE
THE SECURITY AGREEMENT AGAINST THE AGRICULTURAL PROPERTY
DESCRIBED ABOVE BY REPOSSESSING, FORECLOSING ON, OR OBTAINING
A COURT JUDGMENT AGAINST THE PROPERTY.

YOU HAVE THE RIGHT TO HAVE THE DEBT REVIEWED FOR MEDIATION.
IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT WILL BE
MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION, THIS DEBT
WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED PARTY
ENFORCES THE DEBT.

IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE
AGRICULTURAL EXTENSION SERVICE WILL PROVIDE AN ORIENTATION
MEETING AND A FINANCIAL ANALYST TO HELP YOU TO PREPARE
FINANCIAL INFORMATION. IF YOU DECIDE TO PARTICIPATE IN MEDIATION,
IT WILL BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE
AND OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION
OFFICE AS SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT
AN AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.

TO HAVE THE DEBT REVIEWED FOR MEDIATION YOU MUST FILE A
MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 DAYS AFTER YOU
RECEIVE THIS NOTICE. THE MEDIATION REQUEST FORM IS AVAILABLE AT
ANY COUNTY RECORDER'S OR COUNTY EXTENSION OFFICE.

FROM: ...(Name and Address of Secured Party)..."

Sec. 92.

Minnesota Statutes 2008, section 343.11, is amended to read:

343.11 ACQUISITION OF PROPERTY, APPROPRIATIONS.

Every county and district society for the prevention of cruelty to animals may
acquire, by purchase, gift, grant, or devise, and hold, use, or convey, real estate and
personal property, and lease, mortgage, sell, or use the same in any manner conducive to
its interest, to the same extent as natural persons. The county board of any county, or the
council of any city, in which such societies exist, may, in its discretion, appropriate for the
maintenance and support of such societies in the transaction of the work for which they are
organized, any sums of money not otherwise appropriated deleted text begin , not to exceed in any one year
the sum of $4,800 or the sum of $1 per capita based upon the county's or city's population
as of the most recent federal census, whichever is greater deleted text end ; provided, that no part of the
appropriation shall be expended for the payment of the salary of any officer of the society.

Sec. 93.

Minnesota Statutes 2008, section 550.365, subdivision 2, is amended to read:

Subd. 2.

Contents.

A mediation notice must contain the following notice with the
blanks properly filled in.

"TO: ....(Name of Judgment Debtor)....

A JUDGMENT WAS ORDERED AGAINST YOU BY ....(Name of Court)....
ON ....(Date of Judgment).

AS A JUDGMENT CREDITOR, ....(Name of Judgment Creditor).... INTENDS
TO TAKE ACTION AGAINST THE AGRICULTURAL PROPERTY DESCRIBED AS
....(Description of Agricultural Property).... TO SATISFY THE JUDGMENT new text begin IN THE
AMOUNT OF ....(Amount of Debt)... new text end .

YOU HAVE THE RIGHT TO HAVE THE DEBT REVIEWED FOR MEDIATION.
IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT WILL BE
MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION, THIS DEBT
WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED PARTY
ENFORCES THE DEBT.

IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE
AGRICULTURAL EXTENSION SERVICE WILL PROVIDE AN ORIENTATION
MEETING AND A FINANCIAL ANALYST TO HELP YOU PREPARE FINANCIAL
INFORMATION. IF YOU DECIDE TO PARTICIPATE IN MEDIATION, IT WILL
BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE AND
OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION OFFICE
AS SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT AN
AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.

TO HAVE THE DEBT REVIEWED FOR MEDIATION YOU MUST FILE A
MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 DAYS AFTER YOU
RECEIVE THIS NOTICE. THE MEDIATION REQUEST FORM IS AVAILABLE AT
ANY COUNTY RECORDER'S OR COUNTY EXTENSION OFFICE.

FROM: ....(Name and Address of Judgment Creditor)...."

Sec. 94.

Minnesota Statutes 2008, section 559.209, subdivision 2, is amended to read:

Subd. 2.

Contents.

A mediation notice must contain the following notice with the
blanks properly filled in.

"TO: ....(Name of Contract for Deed Purchaser)....

YOU HAVE DEFAULTED ON THE CONTRACT FOR DEED OF THE
AGRICULTURAL PROPERTY DESCRIBED AS ....(Size and Reasonable Location of
Property, Not Legal Description) deleted text begin .... deleted text end new text begin . THE AMOUNT OF THE OUTSTANDING DEBT
IS ....(Amount of Debt)....
new text end

AS THE CONTRACT FOR DEED VENDOR, ....(Contract for Deed Vendor)....
INTENDS TO TERMINATE THE CONTRACT AND TAKE BACK THE PROPERTY.

YOU HAVE THE RIGHT TO HAVE THE CONTRACT FOR DEED DEBT
REVIEWED FOR MEDIATION. IF YOU REQUEST MEDIATION, A DEBT THAT
IS IN DEFAULT WILL BE MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST
MEDIATION, THIS DEBT WILL NOT BE SUBJECT TO FUTURE MEDIATION IF
THE CONTRACT FOR DEED VENDOR BEGINS REMEDIES TO ENFORCE THE
DEBT.

IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE
AGRICULTURAL EXTENSION SERVICE WILL PROVIDE AN ORIENTATION
MEETING AND A FINANCIAL ANALYST TO HELP YOU PREPARE FINANCIAL
INFORMATION. IF YOU DECIDE TO PARTICIPATE IN MEDIATION, IT WILL
BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE AND
OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION OFFICE
AS SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT AN
AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.

TO HAVE THE CONTRACT FOR DEED DEBT REVIEWED FOR MEDIATION
YOU MUST FILE A MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14
DAYS AFTER YOU RECEIVE THE NOTICE. THE MEDIATION REQUEST FORM IS
AVAILABLE AT ANY COUNTY EXTENSION OFFICE.

FROM: ....(Name and Address of Contract for Deed Vendor)...."

Sec. 95.

Minnesota Statutes 2008, section 582.039, subdivision 2, is amended to read:

Subd. 2.

Contents.

A mediation notice must contain the following notice with the
blanks properly filled in.

"TO: ....(Name of Record Owner)....

YOU HAVE DEFAULTED ON THE MORTGAGE OF THE AGRICULTURAL
PROPERTY DESCRIBED AS ....(Size and Reasonable Location, Not Legal
Description) deleted text begin .... deleted text end new text begin . THE AMOUNT OF THE OUTSTANDING DEBT ON THIS
PROPERTY IS ....(Amount of Debt)....
new text end

AS HOLDER OF THE MORTGAGE, ....(Name of Holder of Mortgage)....
INTENDS TO FORECLOSE ON THE PROPERTY DESCRIBED ABOVE.

YOU HAVE THE RIGHT TO HAVE THE MORTGAGE DEBT REVIEWED FOR
MEDIATION. IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT
WILL BE MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION,
THIS DEBT WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED
PARTY ENFORCES THE DEBT.

IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE
AGRICULTURAL EXTENSION SERVICE WILL PROVIDE AN ORIENTATION
MEETING AND A FINANCIAL ANALYST TO HELP YOU PREPARE FINANCIAL
INFORMATION. IF YOU DECIDE TO PARTICIPATE IN MEDIATION, IT WILL
BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE AND
OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION OFFICE
AS SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT AN
AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.

TO HAVE THE MORTGAGE DEBT REVIEWED FOR MEDIATION YOU MUST
FILE A MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 DAYS AFTER
YOU RECEIVE THIS NOTICE. THE MEDIATION REQUEST FORM IS AVAILABLE
AT ANY COUNTY RECORDER'S OR COUNTY EXTENSION OFFICE.

FROM: ....(Name and Address of Holder of Mortgage)...."

Sec. 96.

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. 97. new text begin HUMAN RESOURCES.
new text end

new text begin For fiscal years 2010 and 2011, the Department of Agriculture, Board of Animal
Health, and Agricultural Utilization Research Institute may not use funds appropriated
in sections 1 to 5 or statutorily appropriated from the agricultural fund to directly or
indirectly pay for the services of staff in the Office of the Governor.
new text end

Sec. 98. new text begin BOVINE TUBERCULOSIS CONTROL ASSESSMENT; TEMPORARY
ASSESSMENT; APPROPRIATION.
new text end

new text begin (a) From January 1, 2009, to December 31, 2009, a person who purchases cattle that
were raised or fed within 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. 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. For the purposes
of this section, "a person who purchases cattle that were raised or fed within 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.
new text end

new text begin (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.
new text end

new text begin (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 end

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 or after January 1, 2009.
new text end

Sec. 99. new text begin BIOFUEL STUDY; REPORT.
new text end

new text begin The commissioner of agriculture must study the economic and technological
feasibility of producing ethanol from whey. No later than May 1, 2010, the commissioner
of agriculture must report findings to the legislative committees with jurisdiction over
agriculture policy and finance.
new text end

Sec. 100. new text begin GREEN JOBS FOOD PRODUCTION STUDY; REPORT.
new text end

new text begin The Board of the Agricultural Utilization Research Institute must prepare a detailed
study of this state's food production sector in coordination with the Minnesota State
Colleges and Universities; urban, rural, and tribal community-based agriculture and food
security organizations; members of the legislature with service on committees created by
the Green Jobs Task Force; and other interested stakeholders. The study must define
the size of the employment base and identify opportunities to increase the number of
green jobs in each of the following sector segments: organics and organic value-added
processing and local, conventional, natural, traditional, and urban farming. No later than
January 15, 2010, the Board of the Agricultural Utilization Research Institute must report
its findings to the legislative committees with jurisdiction over employment and economic
development policy or finance or agriculture finance.
new text end

Sec. 101. new text begin PILOT FOOD PROJECTS; REPORT.
new text end

new text begin The commissioner of agriculture must solicit proposals and fund farm-to-school
or farm-to-home pilot projects that encourage healthy eating for children, foster
farm-to-consumer connections, and strengthen local economies. The commissioner must
develop selection criteria in consultation with the chairs of the legislative committees with
jurisdiction over agriculture finance and a representative of the University of Minnesota's
farm-to-school project. The commissioner must select one project from each of the
following areas of the state: a rural area, a tribal area, an urban core area, and a suburban
area. No later than January 15, 2010, the commissioner must provide a program report
and recommendations to the legislative committees with jurisdiction over agriculture
policy or finance.
new text end

Sec. 102. new text begin FEDERAL STIMULUS FUNDING.
new text end

new text begin The commissioner of agriculture must apply for funding available to the state
through the federal American Recovery and Reinvestment Act of 2009, Public Law 111-5,
for areas under the purview of the commissioner including but not limited to agriculture
and rural development, bioenergy, food safety, farm-to-school and related nutrition
programs, and the development of local and regional food systems.
new text end

Sec. 103. new text begin REPORT ON MINNESOTA PROCESSED FOODS LABELING.
new text end

new text begin (a) The commissioner of agriculture must consult with Minnesota food processors
and retailers regarding the development of labeling that identifies food products processed
in this state. The commissioner must consult with interested parties including, but not
limited to, the following organizations:
new text end

new text begin (1) at least four food processor industry representatives who represent different
business sizes and product categories;
new text end

new text begin (2) at least two food retailers of which at least one must have retail store locations
located outside of the Twin Cities metropolitan area;
new text end

new text begin (3) two representatives of the Department of Agriculture, one who works with the
Minnesota grown program and one who works with the processed foods program;
new text end

new text begin (4) one representative of the Agricultural Utilization Research Institute; and
new text end

new text begin (5) two representatives of statewide agricultural producer groups.
new text end

new text begin (b) No later than March 31, 2010, the commissioner must report findings and
recommendations to the legislative committees with jurisdiction over agriculture policy
and finance. The report should include an assessment of the level of food processor interest
in developing a trademarked logo or labeling statement as well as recommendations
regarding program funding options, product eligibility criteria, and coordination with
existing labeling and promotion programs and resources.
new text end

Sec. 104. new text begin FERAL SWINE REPORT.
new text end

new text begin The commissioner of natural resources, in coordination with the commissioner of
agriculture and the executive director of the Board of Animal Health, must develop a
report and recommend any necessary changes to state policies, authorities, and penalties
related to feral swine and other nonnative or domestic animals released, that have
escaped, or that are otherwise running at large. The agencies must consult with interested
stakeholders. No later than January 15, 2010, the commissioner of natural resources must
submit the report to the legislative committees with jurisdiction over natural resources
or agriculture policy or finance.
new text end

Sec. 105. new text begin DEADLINE FOR APPOINTMENTS.
new text end

new text begin The commissioner of agriculture must 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. 106. new text begin APPROPRIATION MODIFICATION.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 35.085, the Board of Animal Health
may make onetime grants to certain beef cattle producers participating in the bovine
tuberculosis herd buyout authorized in Minnesota Statutes, section 35.086, from the
$100,000 appropriation for reimbursements in Laws 2007, chapter 45, article 1, section 4.
new text end

new text begin (b) A buyout participant is eligible for payment under this section if the Board of
Animal Health quarantined the participant's herd and required the participant to sell young
cattle at slaughter rather than as feeder cattle.
new text end

new text begin (c) For each head of cattle sold at slaughter under paragraph (b), the Board of
Animal Health must pay the difference between the fair market feeder cattle value at the
time of sale, as determined by the Board of Animal Health, and the documented slaughter
price received by the participant.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 107. new text begin UNUSED OFFICE SPACE.
new text end

new text begin The commissioner of agriculture, in consultation with the commissioner of
administration, must actively seek tenants to rent vacant or unused space in the Freeman
Building. The commissioner of agriculture must notify entities that receive state funding
of the amount and type of space available, the rental rate, and other lease terms. No
later than February 1, 2011, the commissioner of agriculture must report actions taken
and outcomes achieved under this section to the legislative committees with jurisdiction
over agriculture finance.
new text end

Sec. 108. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 17.49, subdivision 3; 18G.12, subdivision 5;
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; and 41.65, new text end new text begin and
new text end new text begin Minnesota Rules, part 1505.0820, new text end new text begin are repealed.
new text end

ARTICLE 2

RURAL FINANCE AUTHORITY

Section 1. new text begin RURAL FINANCE AUTHORITY; APPROPRIATION.
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 to the commissioner of agriculture, as chair of the Board of the Rural Finance
Authority, to purchase participation interests in or to make direct agricultural loans
to farmers under Minnesota Statutes, chapter 41B, as authorized by the Minnesota
Constitution, article XI, section 5, clause (h). 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 farmer loans; second, to seller-sponsored loans; and third, to
agricultural improvement loans.
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 Subd. 3. new text end

new text begin Notice. new text end

new text begin If the appropriations in this section are enacted more than once in
the 2009 regular legislative session, these appropriations must be given effect only once.
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 Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 59,127,000 new text end

new text begin $ new text end

new text begin 58,192,000 new text end

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

new text begin 15,716,000 new text end

new text begin 15,716,000 new text end

new text begin Of this amount, $500,000 in fiscal year 2010
and $500,000 in fiscal year 2011 are to be
used to continue working on the merger of
the Department of Veterans Affairs computer
system and the former Veterans Homes
Board computer system.
new text end

new text begin Minnesota GI Bill. $1,450,000 each year
is for the Minnesota GI Bill program in
Minnesota Statutes, section 197.791. Of
this amount, $100,000 each year must be
transferred to the Office of Higher Education
for use in administering the GI Bill program.
new text end

new text begin Veterans Service Organization Grants.
$353,000 each year is for grants to the
following congressionally chartered veterans
service organizations, as designated by the
commissioner: Disabled American Veterans,
Military Order of the Purple Heart, the
American Legion, Veterans of Foreign Wars,
Vietnam Veterans of America, AMVETS,
and Paralyzed Veterans of America. This
funding must be allocated in direct proportion
to the funding currently being provided by
the commissioner to these organizations.
new text end

new text begin Homeless Veterans. $350,000 each year
is in addition to the base and is a onetime
appropriation for a grant to the Minnesota
Assistance Council for Veterans (MACV)
to provide assistance throughout Minnesota
to veterans and their families who are
homeless or in danger of homelessness,
including housing, utility, employment, and
legal assistance, according to guidelines
established by the commissioner. In
order to avoid duplication of services,
the commissioner must ensure that this
assistance will be coordinated with all other
available programs for veterans.
new text end

new text begin Subd. 3. new text end new text begin Veterans Homes new text end

new text begin 43,411,000 new text end

new text begin 42,476,000 new text end

new text begin Veterans Homes Special Revenue Account.
The general fund appropriations made to
the department may be transferred to a
veterans homes special revenue account in
the special revenue fund in the same manner
as other receipts are deposited according
to Minnesota Statutes, section 198.34, and
are appropriated to the department for the
operation of veterans homes facilities and
programs.
new text end

new text begin Repair and Betterment. Of this
appropriation, $1,435,000 in fiscal year
2010 and $500,000 in fiscal year 2011
are to be used for repair, maintenance,
rehabilitation, and betterment activities at
facilities statewide.
new text end

new text begin Hastings Veterans Home. $220,000 each
year is for increases in the mental health
program at the Hastings Veterans Home.
new text end

new text begin Food and Pharmaceuticals. $600,000
each year is for increases in food and
pharmaceutical costs at the Minnesota
veterans homes. This is a onetime
appropriation.
new text end

Sec. 3.

Minnesota Statutes 2008, section 43A.11, subdivision 7, is amended to read:

Subd. 7.

Ranking of veterans.

Applicants who meet the minimum qualifications
for a vacant position and claim disabled veteran's preference shall be listed in the applicant
pool ahead of all other applicants. Applicants who meet the minimum qualifications for a
vacant position and claim nondisabled veteran's preference shall be listed in the applicant
pool after those claiming disabled veteran's preference and ahead of nonveterans. new text begin Each
recently separated veteran who meets minimum qualifications for a vacant position and
has claimed a veterans or disabled veterans preference must be granted an interview for
the position by the hiring authority.
new text end

new text begin The term "recently separated veteran" means a veteran, as defined in section
197.447, who has served in active military service, at any time on or after September
11, 2001, and who has been honorably discharged from active service, as shown by the
person's form DD-214.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to all
appointments made on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2008, section 171.06, subdivision 3, is amended to read:

Subd. 3.

Contents of application; other information.

(a) An application must:

(1) state the full name, date of birth, sex, and either (i) the residence address of the
applicant, or (ii) designated address under section 5B.05;

(2) as may be required by the commissioner, contain a description of the applicant
and any other facts pertaining to the applicant, the applicant's driving privileges, and the
applicant's ability to operate a motor vehicle with safety;

(3) state:

(i) the applicant's Social Security number; or

(ii) if the applicant does not have a Social Security number and is applying for a
Minnesota identification card, instruction permit, or class D provisional or driver's license,
that the applicant certifies that the applicant does not have a Social Security number;

(4) contain a space where the applicant may indicate a desire to make an anatomical
gift according to paragraph (b); deleted text begin and
deleted text end

(5) contain a notification to the applicant of the availability of a living will/health
care directive designation on the license under section 171.07, subdivision 7 new text begin ; and
new text end

new text begin (6) contain a space where the applicant may request a veteran designation on the
license under section 171.07, subdivision 15 new text end new text begin , and the driving record under section 171.12,
subdivision 5a new text end .

(b) If the applicant does not indicate a desire to make an anatomical gift when
the application is made, the applicant must be offered a donor document in accordance
with section 171.07, subdivision 5. The application must contain statements sufficient to
comply with the requirements of the Darlene Luther Revised Uniform Anatomical Gift
Act, chapter 525A, so that execution of the application or donor document will make
the anatomical gift as provided in section 171.07, subdivision 5, for those indicating a
desire to make an anatomical gift. The application must be accompanied by information
describing Minnesota laws regarding anatomical gifts and the need for and benefits of
anatomical gifts, and the legal implications of making an anatomical gift, including the
law governing revocation of anatomical gifts. The commissioner shall distribute a notice
that must accompany all applications for and renewals of a driver's license or Minnesota
identification card. The notice must be prepared in conjunction with a Minnesota organ
procurement organization that is certified by the federal Department of Health and Human
Services and must include:

(1) a statement that provides a fair and reasonable description of the organ donation
process, the care of the donor body after death, and the importance of informing family
members of the donation decision; and

(2) a telephone number in a certified Minnesota organ procurement organization that
may be called with respect to questions regarding anatomical gifts.

(c) The application must be accompanied also by information containing relevant
facts relating to:

(1) the effect of alcohol on driving ability;

(2) the effect of mixing alcohol with drugs;

(3) the laws of Minnesota relating to operation of a motor vehicle while under the
influence of alcohol or a controlled substance; and

(4) the levels of alcohol-related fatalities and accidents in Minnesota and of arrests
for alcohol-related violations.

Sec. 5.

Minnesota Statutes 2008, section 171.07, is amended by adding a subdivision
to read:

new text begin Subd. 15. new text end

new text begin Veteran designation. new text end

new text begin (a) At the request of the applicant and on payment
of the required fee, the department shall issue, renew, or reissue a driver's license or
Minnesota identification card bearing the designation "Veteran" to an applicant who is
a veteran, as defined in section 197.447.
new text end

new text begin (b) At the time of the initial application for the designation provided under this
subdivision, the applicant must have a certified copy of the veteran's discharge papers.
new text end

new text begin (c) The commissioner of public safety is required to issue drivers' licenses and
Minnesota identification cards with the veteran designation only after entering a new
contract or in coordination with producing a new card design with modifications made
as required by law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to
drivers' licenses and Minnesota identification cards issued as stated in paragraph (c).
new text end

Sec. 6.

Minnesota Statutes 2008, section 171.12, is amended by adding a subdivision
to read:

new text begin Subd. 5a. new text end

new text begin Veteran designation. new text end

new text begin When an applicant for a driver's license, instruction
permit, or Minnesota identification card requests a veteran designation under section
171.06, subdivision 3, the commissioner shall maintain a computer record of veteran
designations. The veteran designation may be removed from the computer record only
upon written notice to the department. The veteran designation is classified as private data
on individuals as defined in section 13.02, subdivision 12, except that this information is
available to the commissioner of veterans affairs for the purpose of administering veterans
benefits.
new text end

Sec. 7.

Minnesota Statutes 2008, section 197.455, subdivision 1, is amended to read:

Subdivision 1.

Application.

new text begin (a) new text end This section shall govern preference of a veteran
under the civil service laws, charter provisions, ordinances, rules or regulations of a
county, city, town, school district, or other municipality or political subdivision of this
state. Any provision in a law, charter, ordinance, rule or regulation contrary to the
applicable provisions of this section is void to the extent of such inconsistency.

new text begin (b) new text end Sections 197.46 to deleted text begin 197.48 shall not deleted text end new text begin 197.481 also new text end apply to deleted text begin state civil service. deleted text end new text begin a
veteran who is an incumbent in a classified appointment in the state civil service and has
completed the probationary period for that position, as defined under section 43A.16.
In matters of dismissal from such a position, a qualified veteran has the irrevocable
option of using the procedures described in sections 197.46 to 197.481, or the procedures
provided in the collective bargaining agreement applicable to the person, but not both.
For a qualified veteran electing to use the procedures of sections 197.46 to 197.481, the
matters governed by those sections must not be considered grievances under a collective
bargaining agreement, and if a veteran elects to appeal the dispute through those sections,
the veteran is precluded from making an appeal under the grievance procedure of the
collective bargaining agreement.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to
appointments to state and local government positions of employment made on or after
that date.
new text end

Sec. 8.

Minnesota Statutes 2008, section 197.46, is amended to read:

197.46 VETERANS PREFERENCE ACT; REMOVAL FORBIDDEN; RIGHT
OF MANDAMUS.

Any person whose rights may be in any way prejudiced contrary to any of the
provisions of this section, shall be entitled to a writ of mandamus to remedy the wrong.
No person holding a position by appointment or employment in the several counties,
cities, towns, school districts and all other political subdivisions in the state, who is a
veteran separated from the military service under honorable conditions, shall be removed
from such position or employment except for incompetency or misconduct shown after a
hearing, upon due notice, upon stated charges, in writing.

Any veteran who has been notified of the intent to discharge the veteran from an
appointed position or employment pursuant to this section shall be notified in writing of
such intent to discharge and of the veteran's right to request a hearing within 60 days of
receipt of the notice of intent to discharge. The failure of a veteran to request a hearing
within the provided 60-day period shall constitute a waiver of the right to a hearing. Such
failure shall also waive all other available legal remedies for reinstatement.

Request for a hearing concerning such a discharge shall be made in writing and
submitted by mail or personal service to the employment office of the concerned employer
or other appropriate office or person.

In all governmental subdivisions having an established civil service board or
commission, or merit system authority, such hearing for removal or discharge shall be
held before such civil service board or commission or merit system authority. Where no
such civil service board or commission or merit system authority exists, such hearing
shall be held by a board of three persons appointed as follows: one by the governmental
subdivision, one by the veteran, and the third by the two so selected. In the event the two
persons so selected do not appoint the third person within ten days after the appointment
of the last of the two, then the judge of the district court of the county wherein the
proceeding is pending, or if there be more than one judge in said county then any judge in
chambers, shall have jurisdiction to appoint, and upon application of either or both of the
two so selected shall appoint, the third person to the board and the person so appointed
by the judge with the two first selected shall constitute the board. The veteran may
appeal from the decision of the board upon the charges to the district court by causing
written notice of appeal, stating the grounds thereof, to be served upon the governmental
subdivision or officer making the charges within 15 days after notice of the decision and
by filing the original notice of appeal with proof of service thereof in the office of the court
administrator of the district court within ten days after service thereof. Nothing in section
197.455 or this section shall be construed to apply to the position of private secretary,
deleted text begin teacher, deleted text end superintendent of schools, or one chief deputy of any elected official or head of
a department, or to any person holding a strictly confidential relation to the appointing
officer. The burden of establishing such relationship shall be upon the appointing officer
in all proceedings and actions relating thereto.

All officers, boards, commissions, and employees shall conform to, comply with,
and aid in all proper ways in carrying into effect the provisions of section 197.455 and this
section notwithstanding any laws, charter provisions, ordinances or rules to the contrary.
Any willful violation of such sections by officers, officials, or employees is a misdemeanor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 9.

Minnesota Statutes 2008, section 198.003, is amended by adding a subdivision
to read:

new text begin Subd. 4a. new text end

new text begin Federal funding. new text end

new text begin The commissioner is authorized to apply for and accept
federal funding for purposes of this section.
new text end

Sec. 10.

Minnesota Statutes 2008, section 198.003, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Use of Medicare Part D for pharmacy costs. new text end

new text begin (a) The commissioner
shall maximize the use of Medicare Part D to pay pharmacy costs for eligible veterans
residing at the veterans homes.
new text end

new text begin (b) The commissioner shall encourage eligible veterans to participate in the
Medicare Part D program and assist veterans in obtaining Medicare Part D coverage.
new text end

new text begin (c) The commissioner shall take any necessary steps to prevent an eligible veteran
participating in Medicare Part D from receiving fewer benefits under Medicare Part D
than they would have received under their existing Veterans Administration benefits.
new text end

Sec. 11.

new text begin [198.365] VETERANS MENTAL HEALTH FACILITY; KANDIYOHI
COUNTY.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin (a) The commissioner of veterans affairs shall
establish a 90-bed facility in Kandiyohi County to provide residential mental health
nursing services to veterans, in conformance with licensing rules of the Department of
Health and funding requirements of the United States Department of Veterans Affairs.
new text end

new text begin (b) Services provided by the facility may include, but not be limited to:
new text end

new text begin (1) geriatric care for mentally ill veterans who have severe behavior problems; and
new text end

new text begin (2) standard long-term care.
new text end

new text begin (c) To the extent practicable, the facility shall accept referrals from veterans homes
in the state.
new text end

new text begin Subd. 2. new text end

new text begin Funding. new text end

new text begin (a) The facility must be purchased or built with funds, 65
percent of which must be provided by the federal government and 35 percent by other
nonstate sources, including local units of government, veterans organizations, business
entities, volunteer organizations, and any other nonstate sources deemed acceptable by
the commissioner. Local contributions must include land for the facility and grounds,
and funding sufficient to cover the full state and local contribution for the federal
matching grant. The commissioner is authorized to accept pledges and funding, including
contributions of land, from these local sources for this purpose.
new text end

new text begin (b) The commissioner shall seek private, local, state, and federal funding for possible
development of a public-private partnership to provide services at this facility for veterans
with traumatic brain injury and with posttraumatic stress disorder, as well as for veterans
who have a dual diagnosis of mental illness and chemical dependency.
new text end

new text begin (c) The commissioner shall seek funding from private, local, state, and federal
sources for possible development of traumatic brain injury research at this facility.
new text end

Sec. 12.

Minnesota Statutes 2008, section 626.8517, is amended to read:

626.8517 ELIGIBILITY FOR RECIPROCITY EXAMINATION BASED ON
RELEVANT MILITARY EXPERIENCE.

(a) For purposes of this section, "relevant military experience" means deleted text begin five years of
active duty military police service. deleted text end new text begin :
new text end

new text begin (1) five years' active service experience in a military law enforcement occupational
specialty;
new text end

new text begin (2) three years' active service experience in a military law enforcement occupational
specialty and completion of a two-year or more degree from a regionally accredited
postsecondary education institution; or
new text end

new text begin (3) five years' cumulative experience as a full-time peace officer in another state
combined with active service experience in a military law enforcement occupational
specialty.
new text end

(b) A person who has relevant military experience new text begin under paragraph (a) new text end and who
has been honorably discharged from deleted text begin the deleted text end military new text begin active service as evidenced by a form
DD-214 new text end is eligible to take the reciprocity examination. new text begin "Active service" has the meaning
given in section 190.05, subdivision 5.
new text end

Sec. 13.

Laws 2008, chapter 297, article 2, section 26, subdivision 3, is amended to
read:

Subd. 3.

Administrative provisions.

(a) The commissioner of veterans affairs, or
the commissioner's designee, must convene the initial meeting of the working group.
Upon request of the working group, the commissioner must provide meeting space and
administrative services for the group. The members of the working group must elect a
chair or co-chairs from the legislative members of the working group at the initial meeting.
Each subsequent meeting is at the call of the chair or co-chairs.

(b) Public members of the working group serve without special compensation or
special payment of expenses from the working group.

(c) The working group expires on June 30, deleted text begin 2009 deleted text end new text begin 2010 new text end , unless an extension is
authorized by law by that date.

Sec. 14. new text begin DATE OPERATIONAL.
new text end

new text begin To the extent practicable, the commissioner of veterans affairs shall design,
construct, furnish, and equip the veterans mental health facility authorized in Minnesota
Statutes, section 198.365, for commencement of operations on July 1, 2013. No state
general fund money may be expended for operational costs for this facility prior to that
date and without further legislative authorization.
new text end

Sec. 15. new text begin REPORTING REQUIRED.
new text end

new text begin (a) The commissioner of finance must collect the following data annually from each
cabinet-level state agency, with the exception of the Metropolitan Council, and must report
those data, by agency, by the second week of each legislative session, beginning in 2011,
to the chairs and leading minority members of each of the house of representatives and
senate committees having responsibility for veterans policy and finance issues:
new text end

new text begin (1) the total number of persons employed in full-time positions by the state agency;
new text end

new text begin (2) the total number of employees identified in clause (1) who are veterans;
new text end

new text begin (3) the total number of vacant full-time positions in the agency filled by hiring or
appointment during the designated fiscal year;
new text end

new text begin (4) the total number of applications received for the positions identified in clause (3);
new text end

new text begin (5) the total number of applications identified in clause (4) for which veterans
preference was elected by the applicant;
new text end

new text begin (6) the total number of applications identified in clause (5) for which the veteran
applicant was judged by the hiring authority as meeting minimum requirements for the
open positions of employment;
new text end

new text begin (7) the total number of veteran applicants identified in clause (6) who were
interviewed by the hiring authority for the open positions of employment in the agency;
new text end

new text begin (8) the total number of veteran applicants identified in clause (7) who were selected
for and offered employment within the open positions of employment in the agency;
new text end

new text begin (9) the total number of veteran applicants identified in clause (8) who were hired
into the open positions of employment in the agency;
new text end

new text begin (10) the total number of veteran applicants identified in clause (6) who were sent a
rejection letter, in accordance with Minnesota Statutes, section 43A.11, subdivision 9; and
new text end

new text begin (11) any other data or information deemed important by the commissioner of
administration and reflecting on the efforts of the subject agency to recruit and hire
veterans.
new text end

new text begin (b) The data must reflect one full fiscal year or one full calendar year, as determined
by the commissioner of finance.
new text end

new text begin (c) The term "veteran" has the meaning given in Minnesota Statutes, section 197.447.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 16. new text begin ALLIED FORCES; ESTIMATE OF ELIGIBILITY.
new text end

new text begin By January 15, 2010, the commissioner of veterans affairs shall contact the United
States Department of Defense, the United States Department of Veterans Affairs, and
other relevant federal agencies as necessary to determine the number and identities of
Minnesota residents who, as former residents of Vietnam or Laos, significantly aided or
assisted the United States armed forces during the period of the Vietnam War, and, to the
extent possible and in observance of federal and state privacy laws and best practices, shall
locate an official federal list of those persons. The purpose of this directive is to provide
information helpful to the legislature in weighing the feasibility of extending state veterans'
benefits to Minnesota residents who have served as allied soldiers during the Vietnam War.
new text end

Sec. 17. new text begin INTERAGENCY STAFF.
new text end

new text begin For fiscal years 2010 and 2011, the Department of Veterans Affairs may not use
funds appropriated in this article directly or indirectly to pay for the services of staff in the
Office of the Governor.
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 22,374,000 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 2,366,000 new text end

new text begin 2,366,000 new text end

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

new text begin 13,348,000 new text end

new text begin 10,348,000 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

Sec. 3.

new text begin [192.525] POSTDEPLOYMENT HEALTH ASSESSMENTS.
new text end

new text begin The adjutant general must establish a program of postdeployment health and
wellness assessments for members of the National Guard who have been called into active
military service and deployed outside the state. There must be a health and wellness
assessment conducted between six months and one year after the end of a member's
deployment. The adjutant general may call on other state agencies, the United States
Department of Veterans Affairs, county veteran service officers, and other appropriate
resources in administering this program.
new text end