1.1.................... moves to amend H.F. No. 1122 as follows:
1.2Delete everything after the enacting clause and insert:

1.3"ARTICLE 1

1.4AGRICULTURE

`1.5`	Section 1. SUMMARY OF APPROPRIATIONS.

1.6The amounts shown in this section summarize direct appropriations, by fund, made
1.7in this article.

`1.8`			2010		2011		Total
`1.9`	General	$	45,558,000	$	44,498,000	$	90,056,000
`1.10`	Agricultural	$	800,000	$	800,000	$	1,600,000
`1.11`	Remediation	$	388,000	$	388,000	$	776,000
`1.12`	Total	$	46,746,000	$	45,686,000	$	92,432,000

1.13

Sec. 2. AGRICULTURE APPROPRIATIONS.

1.14The sums shown in the columns marked "Appropriations" are appropriated to the
1.15agencies and for the purposes specified in this act. The appropriations are from the general
1.16fund, or another named fund, and are available for the fiscal years indicated for each
1.17purpose. The figures "2010" and "2011" used in this act mean that the appropriations
1.18listed under them are available for the fiscal year ending June 30, 2010, or June 30, 2011,
1.19respectively. "The first year" is fiscal year 2010. "The second year" is fiscal year 2011.
1.20"The biennium" is fiscal years 2010 and 2011.

`1.21`	APPROPRIATIONS
`1.22`	Available for the Year
`1.23`	Ending June 30
`1.24`		2010	2011

1.25

Sec. 3. DEPARTMENT OF AGRICULTURE.

1.26

Subdivision 1.Total Appropriation

38,625,000

37,565,000

`2.1`	Appropriations by Fund
`2.2`		2010	2011
`2.3`	General	37,437,000	36,377,000
`2.4`	Remediation	388,000	388,000
`2.5`	Agricultural	800,000	800,000

2.6The amounts that may be spent for each
2.7purpose are specified in the following
2.8subdivisions.

2.9

Subd. 2.Protection Services

13,078,000

`2.10`	Appropriations by Fund
`2.11`	General	12,690,000	12,690,000
`2.12`	Remediation	388,000	388,000

2.13$388,000 the first year and $388,000 the
2.14second year are from the remediation fund
2.15for administrative funding for the voluntary
2.16cleanup program.
2.17$75,000 the first year and $75,000 the second
2.18year are for compensation for destroyed or
2.19crippled animals under Minnesota Statutes,
2.20section 3.737. If the amount in the first year
2.21is insufficient, the amount in the second year
2.22is available in the first year.
2.23$75,000 the first year and $75,000 the second
2.24year are for compensation for crop damage
2.25under Minnesota Statutes, section 3.7371. If
2.26the amount in the first year is insufficient, the
2.27amount in the second year is available in the
2.28first year.
2.29If the commissioner determines that claims
2.30made under Minnesota Statutes, section
2.313.737 or 3.7371, are unusually high, amounts
2.32appropriated for either program may be
2.33transferred to the appropriation for the other
2.34program.
3.1$150,000 the first year and $150,000 the
3.2second year are for plant pest surveys.

3.3
3.4

Subd. 3.Agricultural Marketing and
Development

4,742,000

3.5$186,000 the first year and $186,000 the
3.6second year are for transfer to the Minnesota
3.7grown account and may be used as grants
3.8for Minnesota grown promotion under
3.9Minnesota Statutes, section 17.102. Grants
3.10may be made for one year. Notwithstanding
3.11Minnesota Statutes, section 16A.28, the
3.12appropriations encumbered under contract on
3.13or before June 30, 2011, for Minnesota grown
3.14grants in this paragraph are available until
3.15June 30, 2013. $50,000 of the appropriation
3.16in each year is for efforts that identify
3.17and promote Minnesota grown products in
3.18retail food establishments including but not
3.19limited to restaurants, grocery stores, and
3.20convenience stores.
3.21$60,000 the first year and $60,000 the
3.22second year are for grants to farmers for
3.23demonstration projects involving sustainable
3.24agriculture as authorized in Minnesota
3.25Statutes, section 17.116. Of the amount
3.26for grants, up to $20,000 may be used for
3.27dissemination of information about the
3.28demonstration projects. Notwithstanding
3.29Minnesota Statutes, section 16A.28, the
3.30appropriations encumbered under contract
3.31on or before June 30, 2011, for sustainable
3.32agriculture grants in this paragraph are
3.33available until June 30, 2013.
3.34$103,000 the first year and $103,000 the
3.35second year are to provide training and
4.1technical assistance to county and town
4.2officials relating to livestock siting issues
4.3and local zoning and land use planning,
4.4including maintenance of the checklist
4.5template clarifying the federal, state,
4.6and local government requirements for
4.7consideration of an animal agriculture
4.8modernization or expansion project. For the
4.9training and technical assistance program,
4.10the commissioner shall continue to seek
4.11guidance, advice, and support of livestock
4.12producer organizations, general agricultural
4.13organizations, local government associations,
4.14academic institutions, other government
4.15agencies, and others with expertise in land
4.16use and agriculture.
4.17$77,000 the first year and $77,000 the second
4.18year are for integrated pest management
4.19activities.
4.20$10,000 the first year and $10,000 the
4.21second year are for annual cost-share
4.22payments to resident farmers or persons
4.23who sell, process, or package agricultural
4.24products in this state for the costs of organic
4.25certification. Annual cost-share payments
4.26per farmer must be two-thirds of the cost
4.27of the certification or $350, whichever is
4.28less. In any year that a resident farmer or
4.29person who sells, processes, or packages
4.30agricultural products in this state receives
4.31a federal organic certification cost-share
4.32payment, that resident farmer or person is
4.33not eligible for state cost-share payments. A
4.34certified farmer is eligible to receive annual
4.35certification cost-share payments for up to
4.36five years. The commissioner may allocate
5.1any excess appropriation in either fiscal year
5.2for organic market and program development
5.3including organic producer education efforts,
5.4assistance for persons transitioning from
5.5conventional to organic agriculture, or
5.6sustainable agriculture demonstration grants
5.7authorized under Minnesota Statutes, section
5.817.166, and pertaining to organic research or
5.9demonstration. Any unencumbered balance
5.10does not cancel at the end of the first year
5.11and is available for the second year.

5.12
5.13

Subd. 4.Bioenergy and Value-Added
Agriculture

12,668,000

5.14$12,668,000 the first year and $12,668,000
5.15the second year are for ethanol producer
5.16payments under Minnesota Statutes, section
5.1741A.09. If the total amount for which all
5.18producers are eligible in a quarter exceeds
5.19the amount available for payments, the
5.20commissioner shall make payments on a
5.21pro rata basis. If the appropriation exceeds
5.22the total amount for which all producers
5.23are eligible in a fiscal year for scheduled
5.24payments and for deficiencies in payments
5.25during previous fiscal years, the balance
5.26in the appropriation is available to the
5.27commissioner for value-added agricultural
5.28programs including the value-added
5.29agricultural processing and marketing grant
5.30program under Minnesota Statutes, section
5.3117.101, subdivision 5. The appropriation
5.32remains available until spent.

5.33
5.34

Subd. 5.Administration and Financial
Assistance

8,137,000

7,077,000

`5.35`	Appropriations by Fund
`5.36`		2010	2011
`6.1`	General	7,337,000	6,277,000
`6.2`	Agricultural	800,000	800,000

6.3$755,000 the first year and $755,000 the
6.4second year are for continuation of the dairy
6.5development and profitability enhancement
6.6and dairy business planning grant programs
6.7established under Laws 1997, chapter
6.8216, section 7, subdivision 2, and Laws
6.92001, First Special Session chapter 2,
6.10section 9, subdivision 2. The commissioner
6.11may allocate the available sums among
6.12permissible activities, including efforts to
6.13improve the quality of milk produced in the
6.14state in the proportions that the commissioner
6.15deems most beneficial to Minnesota's dairy
6.16farmers. The commissioner must submit a
6.17work plan detailing plans for expenditures
6.18under this program to the chairs of the house
6.19of representatives and senate committees
6.20dealing with agricultural policy and budget
6.21on or before the start of each fiscal year. If
6.22significant changes are made to the plans
6.23in the course of the year, the commissioner
6.24must notify the chairs.
6.25$50,000 the first year and $50,000 the
6.26second year are for the Northern Crops
6.27Institute. These appropriations may be spent
6.28to purchase equipment.
6.29$19,000 the first year and $19,000 the
6.30second year are for a grant to the Minnesota
6.31Livestock Breeders Association.
6.32$250,000 the first year and $250,000 the
6.33second year are for grants to the Minnesota
6.34Agricultural Education and Leadership
7.1Council for programs of the council under
7.2Minnesota Statutes, chapter 41D.
7.3$474,000 the first year and $474,000 the
7.4second year are for payments to county and
7.5district agricultural societies and associations
7.6under Minnesota Statutes, section 38.02,
7.7subdivision 1. Of this amount, $4,000 each
7.8year is for 4-H premiums. Aid payments to
7.9county and district agricultural societies and
7.10associations shall be disbursed no later than
7.11July 15 of each year. These payments are the
7.12amount of aid from the state for an annual
7.13fair held in the previous calendar year.
7.14$1,000 the first year and $1,000 the second
7.15year are for grants to the Minnesota State
7.16Poultry Association.
7.17$65,000 the first year and $65,000 the second
7.18year are for annual grants to the Minnesota
7.19Turf Seed Council for basic and applied
7.20research on the improved production of
7.21forage and turf seed related to new and
7.22improved varieties. The grant recipient may
7.23subcontract with a qualified third party for
7.24some or all of the basic and applied research.
7.25$50,000 in the first year and $50,000
7.26in the second year are for grants to
7.27the Minnesota Turf Seed Council for
7.28basic and applied agronomic research on
7.29native plants, including plant breeding,
7.30nutrient management, pest management,
7.31disease management, yield, and viability.
7.32The Minnesota Turf Seed Council may
7.33subcontract with a qualified third party for
7.34some or all of the basic or applied research.
7.35The Minnesota Turf Seed Council must
8.1actively participate in the Agricultural
8.2Utilization Research Institute's Renewable
8.3Energy Roundtable and no later than
8.4February 1, 2011, must report to the house of
8.5representatives and senate committees with
8.6jurisdiction over agriculture finance. This is
8.7a onetime appropriation.
8.8$500,000 the first year and $500,000 the
8.9second year are for grants to Second Harvest
8.10Heartland on behalf of Minnesota's six
8.11Second Harvest food banks for the purchase
8.12of milk for distribution to Minnesota's food
8.13shelves and other charitable organizations
8.14that are eligible to receive food from the food
8.15banks. Milk purchased under the grants must
8.16be acquired from Minnesota milk processors
8.17and based on low-cost bids. The milk must be
8.18allocated to each Second Harvest food bank
8.19serving Minnesota according to the formula
8.20used in the distribution of United States
8.21Department of Agriculture commodities
8.22under The Emergency Food Assistance
8.23Program (TEFAP). Second Harvest
8.24Heartland must submit quarterly reports
8.25to the commissioner on forms prescribed
8.26by the commissioner. The reports must
8.27include, but are not limited to, information
8.28on the expenditure of funds, the amount
8.29of milk purchased, and the organizations
8.30to which the milk was distributed. Second
8.31Harvest Heartland may enter into contracts
8.32or agreements with food banks for shared
8.33funding or reimbursement of the direct
8.34purchase of milk. Each food bank receiving
8.35money from this appropriation may use up to
9.1two percent of the grant for administrative
9.2expenses.
9.3$1,000,000 the first year is for grants to
9.4eligible livestock producers under Minnesota
9.5Statutes, section 17.118.
9.6$100,000 the first year and $100,000 the
9.7second year are for transfer to the Board of
9.8Trustees of the Minnesota State Colleges and
9.9Universities for mental health counseling
9.10support to farm families and business
9.11operators through farm business management
9.12programs at Central Lakes College and
9.13Ridgewater College.
9.14$18,000 the first year and $18,000 the
9.15second year are for grants to the Minnesota
9.16Horticultural Society.
9.17Notwithstanding Minnesota Statutes,
9.18section 18C.131, $800,000 the first year
9.19and $800,000 the second year are from the
9.20agricultural fund for grants for fertilizer
9.21research as awarded by the Minnesota
9.22Agricultural Fertilizer Research and
9.23Education Council under Minnesota Statutes,
9.24section 18C.71. No later than February 1,
9.252009, the commissioner shall report to the
9.26legislative committees with jurisdiction over
9.27agriculture finance. The report must include
9.28the progress and outcome of funded projects
9.29as well as the sentiment of the council
9.30concerning the need for additional research
9.31funds.
9.32$60,000 the first year is for grants to four
9.33pilot food projects as required under this
9.34article.

10.1

Sec. 4. BOARD OF ANIMAL HEALTH.

5,238,000

10.2$2,531,000 the first year and $2,531,000
10.3the second year are for bovine tuberculosis
10.4eradication efforts in cattle herds.
10.5$100,000 the first year and $100,000 the
10.6second year are for a program to control
10.7paratuberculosis (Johne's disease) in
10.8domestic bovine herds.
10.9$40,000 the first year and $40,000 the second
10.10year are for a program to investigate the
10.11avian pneumovirus disease and to identify
10.12the infected flocks. This appropriation must
10.13be matched on a dollar-for-dollar or in-kind
10.14basis with nonstate sources and is in addition
10.15to money currently designated for turkey
10.16disease research. Costs of blood sample
10.17collection, handling, and transportation,
10.18in addition to costs associated with early
10.19diagnosis tests and the expenses of vaccine
10.20research trials, may be credited to the match.
10.21$400,000 the first year and $400,000 the
10.22second year are for the purposes of cervidae
10.23inspection as authorized in Minnesota
10.24Statutes, section 35.155.
10.25Notwithstanding Minnesota Statutes, section
10.2635.085, the Board of Animal Health may
10.27make onetime grants to certain beef cattle
10.28producers participating in the bovine
10.29tuberculosis herd buyout authorized in
10.30Minnesota Statutes, section 35.086, from the
10.31$100,000 appropriation for reimbursements
10.32in Laws 2007, chapter 45, article 1, section 4.
10.33A buyout participant is eligible for payment
10.34under this section if the Board of Animal
11.1Health quarantined the participant's herd
11.2and required the participant to sell young
11.3cattle at slaughter rather than as feeder cattle.
11.4For each head of cattle sold at slaughter,
11.5the Board of Animal Health must pay the
11.6difference between the fair market feeder
11.7cattle value at the time of sale, as determined
11.8by the Board of Animal Health, and the
11.9documented slaughter price received by the
11.10participant.

11.11
11.12

Sec. 5. AGRICULTURAL UTILIZATION
RESEARCH INSTITUTE

2,883,000

11.13    Sec. 6. Minnesota Statutes 2008, section 3.737, subdivision 1, is amended to read:
11.14    Subdivision 1. Compensation required. (a) Notwithstanding section 3.736,
11.15subdivision 3 , paragraph (e), or any other law, a livestock owner shall be compensated
11.16by the commissioner of agriculture for livestock that is destroyed by a gray wolf or is so
11.17crippled by a gray wolf that it must be destroyed. Except as provided in this section, the
11.18owner is entitled to the fair market value of the destroyed livestock as determined by the
11.19commissioner, upon recommendation of a university extension agent or a conservation
11.20officer. In any fiscal year, a livestock owner may not be compensated for a destroyed
11.21animal claim that is less than $100 in value and may be compensated up to $20,000,
11.22as determined under this section. In any fiscal year, the commissioner may provide
11.23compensation for claims filed under this section ~~and section~~ ~~3.7371~~ up to ~~a total of~~
11.24~~$100,000 for both programs combined~~ the amount expressly appropriated for this purpose.
11.25    (b) Either the agent or the conservation officer must make a personal inspection of
11.26the site. The agent or the conservation officer must take into account factors in addition to
11.27a visual identification of a carcass when making a recommendation to the commissioner.
11.28The commissioner, upon recommendation of the agent or conservation officer, shall
11.29determine whether the livestock was destroyed by a gray wolf and any deficiencies in the
11.30owner's adoption of the best management practices developed in subdivision 5. The
11.31commissioner may authorize payment of claims only if the agent or the conservation
11.32officer has recommended payment. The owner shall file a claim on forms provided by the
11.33commissioner and available at the university extension agent's office.

11.34    Sec. 7. Minnesota Statutes 2008, section 3.7371, subdivision 3, is amended to read:
12.1    Subd. 3. Compensation. The crop owner is entitled to the target price or the
12.2market price, whichever is greater, of the damaged or destroyed crop plus adjustments
12.3for yield loss determined according to agricultural stabilization and conservation service
12.4programs for individual farms, adjusted annually, as determined by the commissioner,
12.5upon recommendation of the county extension agent for the owner's county. The
12.6commissioner, upon recommendation of the agent, shall determine whether the crop
12.7damage or destruction is caused by elk and, if so, the amount of the crop that is damaged
12.8or destroyed. In any fiscal year, a crop owner may not be compensated for a damaged or
12.9destroyed crop that is less than $100 in value and may be compensated up to $20,000,
12.10as determined under this section, if normal harvest procedures for the area are followed.
12.11In any fiscal year, the commissioner may provide compensation for claims filed under
12.12this section ~~and section~~ ~~3.737~~ up to ~~a total of $100,000 for both programs combined~~ the
12.13amount expressly appropriated for this purpose.

12.14    Sec. 8. Minnesota Statutes 2008, section 13.643, is amended by adding a subdivision
12.15to read:
12.16    Subd. 7. Research, monitoring, or assessment data. (a) Except as provided in
12.17paragraph (b), the following data created, collected, and maintained by the Department of
12.18Agriculture during research, monitoring, or the assessment of farm practices and related
12.19to natural resources, the environment, agricultural facilities, or agricultural practices are
12.20classified as private or nonpublic:
12.21(1) names, addresses, telephone numbers, and e-mail addresses of study participants
12.22or cooperators; and
12.23(2) location of research, study site, and global positioning system data.
12.24(b) The following data is public:
12.25(1) location data and unique well numbers for wells and springs unless protected
12.26under section 18B.10 or another statute or rule; and
12.27(2) data from samples collected from a public water supply as defined in Minnesota
12.28Rules, part 4720.5100.
12.29(c) The Department of Agriculture may disclose data collected under paragraph (a) if
12.30the Department of Agriculture determines that there is a substantive threat to human health
12.31and safety or to the environment, or to aid in the law enforcement process. The Department
12.32of Agriculture may also disclose data with written consent of the subject of the data.

12.33    Sec. 9. Minnesota Statutes 2008, section 17.03, subdivision 12, is amended to read:
12.34    Subd. 12. Contracts; appropriation. The commissioner may accept money as part
12.35of a contract with any public or private entity to provide statutorily prescribed services by
13.1the department. A contract must specify the services to be provided by the department and
13.2the amount and method of reimbursement. Money generated in a contractual agreement
13.3under this section must be deposited in a special revenue fund and is appropriated to the
13.4department for purposes of providing services specified in the contracts. Contracts under
13.5this section must be processed in accordance with section 16C.05. ~~The commissioner must~~
13.6~~report revenues collected and expenditures made under this section to the chairs of the~~
13.7~~Environment and Natural Resources Finance Committee in the house of representatives~~
13.8~~and the Environment and Agriculture Budget Division in the senate by January 15 of~~
13.9~~each odd-numbered year.~~

13.10    Sec. 10. Minnesota Statutes 2008, section 17.115, subdivision 2, is amended to read:
13.11    Subd. 2. Loan criteria. (a) The shared savings loan program must provide loans for
13.12purchase of new or used machinery and installation of equipment for projects that make
13.13environmental improvements or and enhance farm profitability. Eligible loan uses do not
13.14include seed, fertilizer, or fuel.
13.15(b) Loans may not exceed ~~$25,000~~ $40,000 per individual applying for a loan and
13.16may not exceed $100,000 for loans to four or more individuals on joint projects. The loan
13.17repayment period may be up to seven years as determined by project cost and energy
13.18savings. The interest rate on the loans must not exceed six percent. ~~For loans made from~~
13.19~~May 1, 2004, to June 30, 2007, the interest rate must not exceed three percent.~~
13.20(c) Loans may only be made to residents of this state engaged in farming.

13.21    Sec. 11. [17.459] HORSES.
13.22    Subdivision 1. Classification as livestock. Horses and other equines raised for the
13.23purposes of riding, driving, farm or ranch work, competition, racing, recreation, sale, or as
13.24breeding stock are livestock. Horses and their products are livestock and farm products for
13.25purposes of financial transactions and collateral.
13.26    Subd. 2. Agricultural pursuit. Raising horses and other equines is agricultural
13.27production and an agricultural pursuit. Horse breeding farms, horse training farms, horse
13.28boarding farms, or farms combining those purposes, are an intensive agricultural use that
13.29may be accomplished on limited acreage. These intensive agricultural uses are necessary
13.30for horses in order to control the feeding, safety, and overall condition of the animals.
13.31    Subd. 3. Nonapplicability for property tax laws. This section does not apply to
13.32the treatment of land used for raising horses under chapter 273.

13.33    Sec. 12. Minnesota Statutes 2008, section 18.75, is amended to read:
13.3418.75 PURPOSE.
14.1It is the policy of the legislature that residents of the state be protected from the
14.2injurious effects of noxious weeds on public health, the environment, public roads, crops,
14.3livestock, and other property. Sections 18.76 to ~~18.88~~ 18.91 contain procedures for
14.4controlling and eradicating noxious weeds on all lands within the state.

14.5    Sec. 13. Minnesota Statutes 2008, section 18.76, is amended to read:
14.618.76 CITATION.
14.7Sections 18.76 to ~~18.88~~ 18.91 may be cited as the "Minnesota Noxious Weed Law."

14.8    Sec. 14. Minnesota Statutes 2008, section 18.77, subdivision 1, is amended to read:
14.9    Subdivision 1. Scope. The definitions in this section apply to sections 18.76 to
14.10~~18.88~~ 18.91.

14.11    Sec. 15. Minnesota Statutes 2008, section 18.77, is amended by adding a subdivision
14.12to read:
14.13    Subd. 2a. Certified noxious weed free. "Certified noxious weed free" means that
14.14the material being certified has been inspected, tested, or processed to devitalize or
14.15remove the noxious weed propagating parts in order to verify that viable noxious weed
14.16propagating parts are not present in the material.

14.17    Sec. 16. Minnesota Statutes 2008, section 18.77, is amended by adding a subdivision
14.18to read:
14.19    Subd. 2b. Commissioner. "Commissioner" means the commissioner of agriculture.

14.20    Sec. 17. Minnesota Statutes 2008, section 18.77, subdivision 3, is amended to read:
14.21    Subd. 3. Control. "Control" means to destroy all or part of the aboveground growth
14.22of noxious weeds by a lawful method that prevents the maturation and spread of noxious
14.23weed propagating parts from one area to another.

14.24    Sec. 18. Minnesota Statutes 2008, section 18.77, subdivision 5, is amended to read:
14.25    Subd. 5. Growing crop. "Growing crop" means an agricultural, horticultural, or
14.26forest crop that has been planted or regularly maintained and intended for harvest. It
14.27does not mean a permanent pasture, hay meadow, woodlot, or other noncrop area which
14.28contains native or seeded perennial plants used for grazing or hay purposes, and which is
14.29not harvested on a regular basis.

14.30    Sec. 19. Minnesota Statutes 2008, section 18.77, is amended by adding a subdivision
14.31to read:
15.1    Subd. 5a. Inspector. "Inspector" means the commissioner, agent of the
15.2commissioner, county agricultural inspector or other designated county employee, local
15.3weed inspector, or assistant weed inspector.

15.4    Sec. 20. Minnesota Statutes 2008, section 18.77, is amended by adding a subdivision
15.5to read:
15.6    Subd. 8a. Noxious weed management plan. "Noxious weed management plan"
15.7means controlling or eradicating noxious weeds in the manner designated in a management
15.8plan developed for the area or site where the infestations are found using specific strategies
15.9or methods that are to be used singly or in combination to achieve control or eradication.

15.10    Sec. 21. Minnesota Statutes 2008, section 18.77, is amended by adding a subdivision
15.11to read:
15.12    Subd. 13. Weed management area. "Weed management area" means a designated
15.13area where special or unique noxious weed control or eradication strategies or methods
15.14are used according to a specific management plan developed for each management area
15.15established.

15.16    Sec. 22. Minnesota Statutes 2008, section 18.78, subdivision 1, is amended to read:
15.17    Subdivision 1. Generally. A person owning land, a person occupying land, or a
15.18person responsible for the maintenance of public land shall control or eradicate all noxious
15.19weeds on the land at a time and in a manner ordered by ~~the county agricultural inspector~~
15.20~~or a local weed~~ an inspector.

15.21    Sec. 23. Minnesota Statutes 2008, section 18.78, is amended by adding a subdivision
15.22to read:
15.23    Subd. 3. Cooperative weed control agreement. The commissioner, municipality,
15.24or county agricultural inspector may enter into a cooperative weed control agreement with
15.25a landowner or weed management area group to establish a mutually agreed upon noxious
15.26weed management plan for up to three years duration, whereby a noxious weed problem
15.27will be controlled without additional enforcement action. If a property owner fails to
15.28comply with the noxious weed management plan, an individual notice can be served.

15.29    Sec. 24. Minnesota Statutes 2008, section 18.79, is amended to read:
15.3018.79 DUTIES OF COMMISSIONER.
15.31    Subdivision 1. Enforcement. The commissioner ~~of agriculture~~ shall administer
15.32and enforce sections 18.76 to ~~18.88~~ 18.91.
16.1    Subd. 2. Authorized agents. County agricultural inspectors may administer and
16.2enforce sections 18.76 to ~~18.88~~ 18.91.
16.3    Subd. 3. Entry upon land. To administer and enforce sections 18.76 to ~~18.88~~
16.418.91, ~~county agricultural inspectors and local weed inspectors~~ an inspector may enter
16.5upon land without consent of the owner and without being subject to an action for trespass
16.6or any damages.
16.7    Subd. 4. Rules. The commissioner may adopt necessary rules under chapter 14 for
16.8the proper enforcement of sections 18.76 to ~~18.88~~ 18.91.
16.9    Subd. 5. Order for control or eradication of noxious weeds. ~~A county agricultural~~
16.10~~inspector or a local weed~~ An inspector may order the control or eradication of noxious
16.11weeds on any land within the ~~state~~ inspector's jurisdiction.
16.12    Subd. 6. ~~Initial~~ Training for control or eradication of noxious weeds. The
16.13commissioner shall conduct initial training considered necessary for weed inspectors in
16.14the enforcement of the Minnesota Noxious Weed Law. The director of the Minnesota
16.15Extension Service may conduct educational programs for the general public that will aid
16.16compliance with the Minnesota Noxious Weed Law.
16.17    Subd. 7. Meetings and reports. The commissioner shall designate by rule ~~the~~
16.18reports ~~that are~~ required to be made and ~~the~~ meetings that must be attended by ~~weed~~
16.19inspectors.
16.20    Subd. 8. Prescribed forms. The commissioner shall prescribe the forms to be used
16.21by ~~weed~~ inspectors in the enforcement of sections 18.76 to ~~18.88~~ 18.91.
16.22    Subd. 9. Injunction. If the county agricultural inspector applies to a court for a
16.23temporary or permanent injunction restraining a person from violating or continuing to
16.24violate sections 18.76 to ~~18.88~~ 18.91, the injunction may be issued without requiring a
16.25bond.
16.26    Subd. 10. Prosecution. On finding that a person has violated sections 18.76 to
16.27~~18.88~~ 18.91, the county agricultural inspector may start court proceedings in the locality
16.28in which the violation occurred. The county attorney may prosecute actions under sections
16.2918.76 to ~~18.88~~ 18.91 within the county attorney's jurisdiction.
16.30    Subd. 12. Noxious-weed-free forage and mulch certification agency. The official
16.31certification agency for noxious-weed-free forage ~~and~~, mulch ~~shall~~, soil, gravel, and other
16.32material must be determined by the commissioner ~~of agriculture~~ in consultation with the
16.33director of the Minnesota agricultural experiment station. The commissioner may also
16.34certify forage, mulch, soil, gravel, or other material as noxious-weed-free.
17.1    Subd. 13. Noxious weed designation. The commissioner, in consultation with the
17.2Noxious Weed Advisory Committee, shall determine which plants are noxious weeds
17.3subject to control under sections 18.76 to 18.91. The commissioner shall prepare, publish,
17.4and revise as necessary, but at least once every three years, a list of noxious weeds
17.5and their designated classification. The list must be distributed to the public by the
17.6commissioner who may request the help of the University of Minnesota Extension, the
17.7county agricultural inspectors, and any other organization the commissioner considers
17.8appropriate to assist in the distribution. The commissioner may, in consultation with
17.9the Noxious Weed Advisory Committee, accept and consider noxious weed designation
17.10petitions from Minnesota citizens or Minnesota organizations or associations.
17.11    Subd. 14. County petition. A county may petition the commissioner to designate
17.12specific noxious weeds which are a control problem in the county.
17.13    Subd. 15. Noxious weed management. The commissioner, in consultation with the
17.14Noxious Weed Advisory Committee, shall develop management strategies and criteria
17.15for each noxious weed category.
17.16    Subd. 16. Gifts; grants; contracts; funds. The commissioner, counties, and
17.17municipalities may apply for and accept any gift, grant, contract, or other funds or
17.18grants-in-aid from the federal government or other public and private sources for noxious
17.19weed control purposes.
17.20    Subd. 17. Noxious weed investigation. The commissioner shall investigate the
17.21subject of noxious weeds and conduct investigations outside this state to protect the
17.22interest of the agricultural industry, forests, or the environment of this state from noxious
17.23weeds not generally growing in Minnesota.
17.24    Subd. 18. Noxious weed education. The commissioner shall disseminate
17.25information and conduct educational campaigns with respect to control of noxious weeds
17.26or invasive plants to enhance regulatory compliance and voluntary efforts to eliminate or
17.27manage these plants. The commissioner shall call and attend meetings and conferences
17.28dealing with the subject of noxious weeds. The commissioner shall maintain on the
17.29department's Web site weed management information including but not limited to the roles
17.30and responsibilities of citizens and government entities under sections 18.76 to 18.91 and
17.31specific guidance on whom a person should contact to report a noxious weed issue.
17.32    Subd. 19. State and federal lands. The commissioner shall inform and direct state
17.33and federal agencies regarding their responsibility to manage and control noxious weeds
17.34on land that those agencies own, control, or manage.
18.1    Subd. 20. Interagency cooperation. The commissioner shall cooperate with
18.2agencies of federal, state, and local governments and other persons in carrying out duties
18.3under sections 18.76 to 18.91.
18.4    Subd. 21. Weed management area. The commissioner, in consultation with the
18.5Noxious Weed Advisory Committee, may establish a weed management area to include a
18.6part of one or more counties or all of one or more counties of this state and shall include all
18.7the land within the boundaries of the area established. Weed management plans developed
18.8for a weed management area must be reviewed and approved by the commissioner and
18.9the Noxious Weed Advisory Committee. Weed management areas may seek funding
18.10under section 18.90.

18.11    Sec. 25. Minnesota Statutes 2008, section 18.80, subdivision 1, is amended to read:
18.12    Subdivision 1. County agricultural inspectors. The county board shall appoint
18.13one or more county agricultural inspectors ~~that meet the qualifications prescribed by~~
18.14~~rule. The appointment must be for a period of time which is sufficient to accomplish the~~
18.15~~duties assigned to this position. A notice of the appointment must be delivered to the~~
18.16~~commissioner within ten days of the appointment and it must establish the initial number~~
18.17~~of hours to be worked annually~~ or other designated employee to carry out the duties and
18.18responsibilities specified by the county board under section 18.81, subdivision 1. Upon
18.19request, the commissioner must provide information and other technical assistance to
18.20the county weed inspector or other designated employee to aid in the performance of
18.21responsibilities specified by the county board under section 18.81, subdivision 1.

18.22    Sec. 26. Minnesota Statutes 2008, section 18.81, subdivision 1, is amended to read:
18.23    Subdivision 1. County agricultural inspectors. ~~It is~~ The ~~duty of~~ county board
18.24shall specify the responsibilities of the county agricultural ~~inspectors~~ inspector or other
18.25designated employee in the annual work plan, which may include:
18.26(1) to see that sections 18.76 to ~~18.88~~ 18.91 and rules adopted under those sections
18.27are carried out within their jurisdiction;
18.28(2) to see that sections 21.80 to 21.92 and rules adopted under those sections are
18.29carried out within their jurisdiction;
18.30(3) to see that sections 21.71 to 21.78 and rules adopted under those sections are
18.31carried out within their jurisdiction;
18.32(4) to participate in the control programs for invasive plant species, feed, fertilizer,
18.33pesticide, and plant and insect pests when requested, in writing, to do so by the
18.34commissioner;
19.1(5) to participate in other agricultural programs under the control of the
19.2commissioner when requested by the commissioner in writing to do so~~, subject to veto~~
19.3~~by the county board~~;
19.4(6) to administer the distribution of funds allocated by the county board to the county
19.5agricultural inspector for noxious weed control and eradication within the county;
19.6(7) to submit reports and attend meetings that the commissioner requires; ~~and~~
19.7(8) to publish a general weed notice of the legal duty to control noxious weeds in
19.8one or more legal newspapers of general circulation throughout the county; and
19.9(9) to be the primary contact in the county for all plant biological control agents.

19.10    Sec. 27. Minnesota Statutes 2008, section 18.81, subdivision 3, is amended to read:
19.11    Subd. 3. Nonperformance by inspectors; reimbursement for expenses. If
19.12local weed inspectors neglect or fail to do their duty as prescribed in this section, the
19.13county agricultural inspector ~~shall~~ or other designated employee, in consultation with the
19.14commissioner, may issue a notice to the inspector providing instructions on how and
19.15when to do their duty. If, after the time allowed in the notice, the local weed inspector
19.16has not complied as directed, the county agricultural inspector or other designated
19.17employee may consult with the commissioner to perform the duty for the local weed
19.18inspector. A claim for the expense of doing the local weed inspector's duty is a legal
19.19charge against the municipality in which the inspector has jurisdiction. The county
19.20agricultural inspector ~~doing~~ or other designated employee overseeing the work may file
19.21an itemized statement of costs with the clerk of the municipality in which the work was
19.22performed. The municipality shall immediately issue proper warrants to the county for
19.23the work performed. If the municipality fails to issue the warrants, the county auditor
19.24may include the amount contained in the itemized statement of costs as part of the next
19.25annual tax levy in the municipality and withhold that amount from the municipality in
19.26making its next apportionment.

19.27    Sec. 28. Minnesota Statutes 2008, section 18.82, subdivision 1, is amended to read:
19.28    Subdivision 1. Permits. Except as provided in section 21.74, if a person wants to
19.29transport along a public highway materials or equipment containing the propagating parts
19.30of weeds designated as noxious by the commissioner, the person must secure a written
19.31permit for transportation of the material or equipment from ~~a local weed inspector or~~
19.32~~county agricultural~~ an inspector. Inspectors may issue permits to persons residing or
19.33operating within their jurisdiction. If the noxious weed propagating parts are removed from
19.34materials and equipment or devitalized before being transported, a permit is not needed.

20.1    Sec. 29. Minnesota Statutes 2008, section 18.82, subdivision 3, is amended to read:
20.2    Subd. 3. Duration of permit; revocation. A permit under subdivision 1 is valid for
20.3up to one year after the date it is issued unless otherwise specified by the ~~weed~~ inspector
20.4issuing the permit. The permit may be revoked if ~~a county agricultural inspector or local~~
20.5~~weed~~ an inspector determines that the applicant has not complied with this section.

20.6    Sec. 30. Minnesota Statutes 2008, section 18.83, is amended to read:
20.718.83 CONTROL; ERADICATION; NOTICES; EXPENSES.
20.8    Subdivision 1. General weed notice. A general notice for noxious weed control
20.9or eradication must be published on or before May 15 of each year ~~and at other times~~
20.10~~the commissioner directs~~. Failure of the county agricultural weed inspector to publish
20.11the general notice does not relieve a person from the necessity of full compliance with
20.12sections 18.76 to ~~18.88~~ 18.91 and related rules. The published notice is legal and sufficient
20.13notice when an individual notice cannot be served.
20.14    Subd. 2. Individual notice. ~~A weed~~ An inspector may find it necessary to secure
20.15more prompt or definite control or eradication of noxious weeds than is accomplished by
20.16the published general notice. In these special or individual instances, involving one or a
20.17limited number of persons, the ~~weed~~ inspector having jurisdiction shall serve individual
20.18notices in writing upon the person who owns the land and the person who occupies
20.19the land, or the person responsible for or charged with the maintenance of public land,
20.20giving specific instructions on when and how named noxious weeds are to be controlled
20.21or eradicated. Individual notices provided for in this section must be served in the same
20.22manner as a summons in a civil action in the district court or by certified mail. Service on
20.23a person living temporarily or permanently outside of the ~~weed~~ inspector's jurisdiction
20.24may be made by sending the notice by certified mail to the last known address of the
20.25person, to be ascertained, if necessary, from the last tax list in the county treasurer's office.
20.26    Subd. 3. Appeal of individual notice; appeal committee. (1) A recipient of an
20.27individual notice may appeal, in writing, the order for control or eradication of noxious
20.28weeds. This appeal must be filed with a member of the appeal committee in the county
20.29where the land is located within two working days of the time the notice is received. The
20.30committee must inspect the land specified in the notice and report back to the recipient and
20.31the inspector who issued the notice within five working days, either agreeing, disagreeing,
20.32or revising the order. The decision may be appealed in district court. If the committee
20.33agrees or revises the order, the control or eradication specified in the order, as approved or
20.34revised by the committee, may be carried out.
21.1(2) The county board ~~of commissioners~~ shall appoint members of the appeal
21.2committee. The membership must include a county commissioner or municipal official
21.3and a landowner residing in the county. The expenses of the members may be reimbursed
21.4by the county upon submission of an itemized statement to the county auditor. At its
21.5option, the county board ~~of commissioners~~, by resolution, may delegate the duties of the
21.6appeal committee to its board of adjustment established pursuant to section 394.27. When
21.7carrying out the duties of the appeal committee, the zoning board of adjustment shall
21.8comply with all of the procedural requirements of this section.
21.9    Subd. 4. Control or eradication by inspector. If a person does not comply with an
21.10individual notice served on the person or an individual notice cannot be served, the ~~weed~~
21.11inspector having jurisdiction shall have the noxious weeds controlled or eradicated within
21.12the time and in the manner the ~~weed~~ inspector designates.
21.13    Subd. 5. Control or eradication by inspector in growing crop. ~~A weed~~ An
21.14inspector may consider it necessary to control or eradicate noxious weeds along with
21.15all or a part of a growing crop to prevent the maturation and spread of noxious weeds
21.16within the inspector's jurisdiction. If this situation exists, the ~~weed~~ inspector may have the
21.17noxious weeds controlled or eradicated together with the crop after the appeal committee
21.18has reviewed the matter as outlined in subdivision 3 and reported back agreement with
21.19the order.
21.20    Subd. 6. Authorization for person hired to enter upon land. The ~~weed~~ inspector
21.21may hire a person to control or eradicate noxious weeds if the person who owns the land,
21.22the person who occupies the land, or the person responsible for the maintenance of public
21.23land has failed to comply with an individual notice or with the published general notice
21.24when an individual notice cannot be served. The person hired must have authorization, in
21.25writing, from the ~~weed~~ inspector to enter upon the land.
21.26    Subd. 7. Expenses; reimbursements. A claim for the expense of controlling or
21.27eradicating noxious weeds, which may include the costs of serving notices, is a legal
21.28charge against the county in which the land is located. The officers having the work done
21.29must file with the county auditor a verified and itemized statement of cost for all services
21.30rendered on each separate tract or lot of land. The county auditor shall immediately issue
21.31proper warrants to the persons named on the statement as having rendered services. To
21.32reimburse the county for its expenditure in this regard, the county auditor shall certify
21.33the total amount due and, unless an appeal is made in accordance with section 18.84,
21.34enter it on the tax roll as a tax upon the land and it must be collected as other real estate
21.35taxes are collected.
22.1If public land is involved, the amount due must be paid from funds provided for
22.2maintenance of the land or from the general revenue or operating fund of the agency
22.3responsible for the land. Each claim for control or eradication of noxious weeds on public
22.4lands must first be approved by the commissioner of agriculture.

22.5    Sec. 31. Minnesota Statutes 2008, section 18.84, subdivision 1, is amended to read:
22.6    Subdivision 1. Counties and municipalities. Counties and municipalities are
22.7not liable for damages from the noxious weed control program for actions conducted in
22.8accordance with sections 18.76 to ~~18.88~~ 18.91.

22.9    Sec. 32. Minnesota Statutes 2008, section 18.84, subdivision 2, is amended to read:
22.10    Subd. 2. Appeal of charges to county board. A person who is ordered to control
22.11noxious weeds under sections 18.76 to ~~18.88~~ 18.91 and is charged for noxious weed control
22.12may appeal the cost of noxious weed control to the county board of the county where the
22.13noxious weed control measures were undertaken within 30 days after being charged. The
22.14county board shall determine the amount and approve the charge and filing of a lien
22.15against the property if it determines that the owner, or occupant if other than the owner,
22.16responsible for controlling noxious weeds did not comply with the order of the inspector.

22.17    Sec. 33. Minnesota Statutes 2008, section 18.84, subdivision 3, is amended to read:
22.18    Subd. 3. ~~Court~~ Appeal of costs to district court; petition. (a) A ~~landowner who~~
22.19~~has appealed~~ person who is ordered to control noxious weeds under sections 18.76 to 18.91
22.20and is charged for the cost of noxious weed control ~~measures under subdivision 2~~ may
22.21petition for judicial review of the charges. The petition must be filed within 30 days after
22.22~~the conclusion of the hearing before the county board~~ being charged. The petition must be
22.23filed with the court administrator in the county in which the land where the noxious weed
22.24control measures were undertaken is located, together with proof of service of a copy of
22.25the petition on the county auditor. No responsive pleadings may be required of the county,
22.26and no court fees may be charged for the appearance of the county in this matter.
22.27(b) The petition must be captioned in the name of the person making the petition as
22.28petitioner and respective county as respondents. The petition must include the petitioner's
22.29name, the legal description of the land involved, a copy of the notice to control noxious
22.30weeds, and the date or dates on which appealed control measures were undertaken.
22.31(c) The petition must state with specificity the grounds upon which the petitioner
22.32seeks to avoid the imposition of a lien for the cost of noxious weed control measures.

22.33    Sec. 34. Minnesota Statutes 2008, section 18.86, is amended to read:
23.118.86 UNLAWFUL ACTS.
23.2No person may:
23.3(1) hinder or obstruct in any way ~~the county agricultural inspectors or local weed~~
23.4~~inspectors~~ an inspector in the performance of ~~their~~ duties ~~as provided in~~ under sections
23.518.76 to ~~18.88~~ 18.91 or related rules;
23.6(2) neglect, fail, or refuse to comply with section 18.82 or related rules in the
23.7transportation and use of material or equipment infested with noxious weed propagating
23.8parts;
23.9(3) sell material containing noxious weed propagating parts to a person who does
23.10not have a permit to transport that material or to a person who does not have a screenings
23.11permit issued in accordance with section 21.74; or
23.12(4) neglect, fail, or refuse to comply with a general notice or an individual notice to
23.13control or eradicate noxious weeds.

23.14    Sec. 35. Minnesota Statutes 2008, section 18.87, is amended to read:
23.1518.87 PENALTY.
23.16A violation of section 18.86 or a rule adopted under that section is a misdemeanor.
23.17~~County agricultural inspectors, local weed~~ Inspectors, or their appointed assistants are
23.18not subject to the penalties of this section for failure, neglect, or refusal to perform duties
23.19imposed on them by sections 18.76 to ~~18.88~~ 18.91.

23.20    Sec. 36. Minnesota Statutes 2008, section 18.88, is amended to read:
23.2118.88 NOXIOUS WEED PROGRAM FUNDING.
23.22    Subdivision 1. County. The county board shall pay, from the general revenue or
23.23other fund for the county, the expenses for the county agricultural inspector position, for
23.24noxious weed control or eradication on all land owned by the county or on land ~~that~~
23.25for which the county is responsible for ~~the~~ its maintenance ~~of,~~ and for the expenses of
23.26the appeal committee~~, and for necessary expenses as required for quarantines within~~
23.27~~the county~~. Use of funding from grants and other sources for the administration and
23.28enforcement of the noxious weed law must be approved by the county board.
23.29    Subd. 2. Municipality. The municipality shall pay, from the general revenue or
23.30other fund for the municipality, the necessary expenses of the local weed inspector in the
23.31performance of duties required ~~for quarantines within the municipality, and~~ for noxious
23.32weed control or eradication on land owned by the municipality or on land for which the
23.33municipality is responsible for its maintenance. Use of funding from grants and other
24.1sources for the administration and enforcement of the noxious weed law must be approved
24.2by the town board or city mayor.
24.3    Subd. 3. Funding. Funding in the form of grants or cost sharing may be provided to
24.4the counties for the performance of their activities under section 18.81, subdivision 1.

24.5    Sec. 37. [18.89] NOXIOUS WEED AND INVASIVE PLANT SPECIES
24.6ASSISTANCE FUND.
24.7The noxious weed and invasive plant species assistance fund is created in the state
24.8treasury. The fund may be used to carry out the purposes of section 18.90. Any money
24.9appropriated to the fund and any money received by the fund as gifts or grants or other
24.10private or public funds obtained for the purposes in section 18.91 must be credited to the
24.11fund. The money in the account is continuously appropriated to the commissioner to
24.12implement section 18.90.

24.13    Sec. 38. [18.90] GRANT PROGRAM.
24.14(a) From funds available in the noxious weed and invasive plant species assistance
24.15fund established in section 18.89, the commissioner shall administer a grant program
24.16to assist counties and municipalities and other weed management entities in the cost
24.17of implementing and maintaining noxious weed control programs and in addressing
24.18special weed control problems. The commissioner shall receive applications by counties,
24.19municipalities, weed management areas, and weed management entities for assistance
24.20under this section and, in consultation with the Noxious Weed Advisory Committee award
24.21grants for any of the following eligible purposes:
24.22(1) to conduct applied research to solve locally significant weed management
24.23problems;
24.24(2) to demonstrate innovative control methods or land management practices which
24.25have the potential to reduce landowner costs to control noxious weeds or improve the
24.26effectiveness of noxious weed control;
24.27(3) to encourage the ongoing support of weed management areas;
24.28(4) to respond to introductions or infestations of invasive plants that threaten or
24.29potentially threaten the productivity of cropland and rangeland over a wide area;
24.30(5) to respond to introductions or infestations of invasive plant species that threaten
24.31or potentially threaten the productivity of biodiversity of wildlife and fishery habitats on
24.32public and private lands;
24.33(6) to respond to special weed control problems involving weeds not included in the
24.34list of noxious weeds published and distributed by the commissioner;
25.1(7) to conduct monitoring or surveillance activities to detect, map, or determine
25.2the distribution of invasive plant species and to determine susceptible locations for the
25.3introduction or spread of invasive plant species; and
25.4(8) to conduct educational activities.
25.5(b) The commissioner shall select and prioritize applications for assistance under
25.6this section based on the following considerations:
25.7(1) the seriousness of the noxious weed or invasive plant problem or potential
25.8problem addressed by the project;
25.9(2) the ability of the project to provide timely intervention to save current and future
25.10costs of control and eradication;
25.11(3) the likelihood that the project will prevent or resolve the problem or increase
25.12knowledge about resolving similar problems in the future;
25.13(4) the extent to which the project will leverage federal funds and other nonstate
25.14funds;
25.15(5) the extent to which the applicant has made progress in addressing noxious weed
25.16or invasive plant problems;
25.17(6) the extent to which the project will provide a comprehensive approach to the
25.18control or eradication of noxious weeds;
25.19(7) the extent to which the project will reduce the total population or area of
25.20infestation of a noxious weed;
25.21(8) the extent to which the project uses the principles of integrated vegetation
25.22management and sound science; and
25.23(9) other factors that the commissioner determines to be relevant.
25.24(c) Nothing in this section may be construed to relieve a person of the duty or
25.25responsibility to control the spread of noxious weeds on lands owned and controlled
25.26by the person.

25.27    Sec. 39. [18.91] ADVISORY COMMITTEE; MEMBERSHIP.
25.28The commissioner shall convene the Noxious Weed Advisory Committee to advise
25.29the commissioner concerning responsibilities under the noxious weed control program.
25.30The committee shall also evaluate species for invasiveness, difficulty of control, cost of
25.31control, benefits, and amount of injury caused by them. For each species evaluated, the
25.32committee shall recommend to the commissioner on which noxious weed list or lists, if
25.33any, the species should be placed. Species currently designated as prohibited or restricted
25.34noxious weeds must be reevaluated every three years for a recommendation on whether
25.35or not they need to remain on the noxious weed lists. Members of the committee are not
25.36entitled to reimbursement of expenses nor payment of per diem. Members shall serve
26.1two-year terms with subsequent reappointment by the commissioner. The commissioner
26.2shall appoint members, which may include representatives from the following:
26.3(1) horticultural science, agronomy, and forestry at the University of Minnesota;
26.4(2) the nursery and landscape industry in Minnesota;
26.5(3) the seed industry in Minnesota;
26.6(4) the Department of Agriculture;
26.7(5) the Department of Natural Resources;
26.8(6) a conservation organization;
26.9(7) an environmental organization;
26.10(8) at least two farm organizations;
26.11(9) the county agricultural inspectors;
26.12(10) city, township, and county governments;
26.13(11) the Department of Transportation;
26.14(12) the University of Minnesota Extension;
26.15(13) the timber and forestry industry in Minnesota;
26.16(14) the Board of Soil and Water Resources; and
26.17(15) local soil and water conservation districts.
26.18The committee shall conduct evaluations of terrestrial plant species to recommend if
26.19they need to be designated as noxious weeds and into which noxious weed classification
26.20they should be designated, advise the commissioner on the implementation of the Noxious
26.21Weed Law, and assist the commissioner in the development of management criteria for
26.22each noxious weed category. Meetings of the committee may be called by or at the
26.23direction of the commissioner or upon direction of its chair. The committee must provide
26.24its initial set of recommendations, advice, and assistance to the commissioner no later than
26.2512 months after the date of final enactment.

26.26    Sec. 40. Minnesota Statutes 2008, section 18B.01, is amended by adding a subdivision
26.27to read:
26.28    Subd. 1a. Agricultural pesticide. "Agricultural pesticide" means a pesticide that
26.29bears labeling that meets federal worker protection agricultural use requirements as
26.30provided by Code of Federal Regulations, title 40, parts 156 and 170 (2008).

26.31    Sec. 41. Minnesota Statutes 2008, section 18B.01, is amended by adding a subdivision
26.32to read:
26.33    Subd. 1b. Agricultural pesticide dealer. "Agricultural pesticide dealer" means a
26.34person who distributes an agricultural pesticide in the state or into the state to an end user.
26.35This action would commonly be described as a retail sale.

27.1    Sec. 42. Minnesota Statutes 2008, section 18B.01, subdivision 8, is amended to read:
27.2    Subd. 8. Distribute. "Distribute" means offer for sale, sell, barter, ship, deliver for
27.3shipment, receive and deliver, and offer to deliver pesticides in this state or into this state.

27.4    Sec. 43. Minnesota Statutes 2008, section 18B.01, is amended by adding a subdivision
27.5to read:
27.6    Subd. 14b. Nonagricultural pesticide. "Nonagricultural pesticide" means a
27.7pesticide that does not bear labeling that meets federal worker protection agricultural use
27.8requirements as provided by Code of Federal Regulation, title 40, parts 156 and 170
27.9(2008).

27.10    Sec. 44. Minnesota Statutes 2008, section 18B.065, subdivision 1, is amended to read:
27.11    Subdivision 1. Collection and disposal. The commissioner of agriculture shall
27.12establish and operate a program to collect and dispose of waste pesticides. The program
27.13must be made available to agricultural and ~~residential~~ nonagricultural pesticide end users
27.14whose waste generating activity occurs in this state. Waste pesticide generated in another
27.15state is not eligible for collection under this section.

27.16    Sec. 45. Minnesota Statutes 2008, section 18B.065, subdivision 2, is amended to read:
27.17    Subd. 2. Implementation. (a) The commissioner may obtain a United States
27.18Environmental Protection Agency hazardous waste identification number to manage the
27.19waste pesticides collected.
27.20    (b) The commissioner may ~~not~~ limit the type and quantity of waste pesticides
27.21accepted for collection and may ~~not~~ assess pesticide end users for portions of the costs
27.22incurred.

27.23    Sec. 46. Minnesota Statutes 2008, section 18B.065, subdivision 2a, is amended to read:
27.24    Subd. 2a. Disposal site requirement. (a) For agricultural waste pesticides, the
27.25commissioner must designate a place in each county of the state that is available at least
27.26every other year for persons to dispose of unused portions of agricultural pesticides. The
27.27commissioner shall consult with the person responsible for solid waste management
27.28and disposal in each county to determine an appropriate location and to advertise each
27.29collection event. The commissioner may provide a collection opportunity in a county
27.30more frequently if the commissioner determines that a collection is warranted.
27.31    (b) For residential waste pesticides, the commissioner must provide ~~periodic~~ a
27.32disposal ~~opportunities~~ opportunity each year in each county.
28.1(c) As provided under subdivision 7, the commissioner may enter into cooperative
28.2agreements with ~~county or regional solid waste management entities~~ local units of
28.3government to provide ~~these~~ the collections required under paragraphs (a) or (b) and shall
28.4provide ~~these entities~~ a local unit of government, as part of the cooperative agreement,
28.5with funding for reasonable costs incurred including, but not limited to, related supplies,
28.6transportation, advertising, and disposal costs as well as reasonable overhead costs.
28.7    ~~(c)~~ (d) A person who collects waste pesticide under ~~paragraph (a) or (b)~~ this
28.8section shall, on a form provided or in a method approved by the commissioner, record
28.9information on each waste pesticide product collected including, but not limited to, the
28.10quantity collected and either the product name, and its active ingredient or ingredients,
28.11~~quantity, and~~ or the United States Environmental Protection Agency registration number,
28.12~~on a form provided by the commissioner~~. The person must submit this information to the
28.13commissioner ~~at least annually~~ by January 30.

28.14    Sec. 47. Minnesota Statutes 2008, section 18B.065, subdivision 3, is amended to read:
28.15    Subd. 3. Information, ~~and~~ education and report. (a) The commissioner shall
28.16provide informational and educational materials regarding waste pesticides and the proper
28.17management of waste pesticides to the public.
28.18(b) No later than March 15 each year, the commissioner must report the following to
28.19the legislative committees with jurisdiction over agriculture finance:
28.20(1) each instance of a refusal to collect waste pesticide or the assessment of a fee to a
28.21pesticide end user as authorized in subdivision 2, paragraph (b); and
28.22(2) waste pesticide collection information including a discussion of the type and
28.23quantity of waste pesticide collected by the commissioner and any entity collecting waste
28.24pesticide under subdivision 7 during the previous calendar year, a summary of waste
28.25pesticide collection trends, and any corresponding program recommendations.

28.26    Sec. 48. Minnesota Statutes 2008, section 18B.065, subdivision 7, is amended to read:
28.27    Subd. 7. Cooperative agreements. (a) The commissioner may enter into
28.28cooperative agreements with state agencies and local units of government for
28.29administration of the waste pesticide collection program. The commissioner shall ensure
28.30that the program is carried out in all counties. If the commissioner cannot contract with
28.31another party to administer the program in a county, the commissioner shall perform
28.32collections according to the provisions of this section.
28.33(b) The commissioner, according to the terms of a cooperative agreement between
28.34the commissioner and a local unit of government, may establish limits for unusual types
29.1or excessive quantities of waste pesticide offered by pesticide end users to the local unit
29.2of government.

29.3    Sec. 49. Minnesota Statutes 2008, section 18B.065, is amended by adding a
29.4subdivision to read:
29.5    Subd. 8. Waste pesticide program surcharge. The commissioner shall annually
29.6collect a waste pesticide program surcharge of $50 on each pesticide product registered
29.7in the state as part of pesticide product registration application under section 18B.26,
29.8subdivision 3.

29.9    Sec. 50. Minnesota Statutes 2008, section 18B.065, is amended by adding a
29.10subdivision to read:
29.11    Subd. 9. Waste pesticide cooperative agreement account. (a) A waste pesticide
29.12cooperative agreement account is created in the agricultural fund. Notwithstanding section
29.1318B.05, the proceeds of surcharges imposed under subdivision 8 must be deposited in the
29.14agricultural fund and credited to the waste pesticide cooperative agreement account.
29.15(b) Money in the waste pesticide cooperative agreement account, including interest,
29.16is appropriated to the commissioner and may only be used for costs incurred under a
29.17cooperative agreement pursuant to this section.
29.18(c) Notwithstanding paragraph (b), if the amount available in the waste pesticide
29.19cooperative agreement account in any fiscal year exceeds the amount obligated to local
29.20units of government under subdivision 7, the excess is appropriated to the commissioner
29.21to perform waste pesticide collections under this section.

29.22    Sec. 51. Minnesota Statutes 2008, section 18B.26, subdivision 1, is amended to read:
29.23    Subdivision 1. Requirement. (a) Except as provided in paragraphs (b) to (d), a
29.24person may not use or distribute a pesticide in this state unless it is registered with the
29.25commissioner. Pesticide registrations expire on December 31 of each year and may be
29.26renewed on or before that date for the following calendar year.
29.27(b) Registration is not required if a pesticide is shipped from one plant or warehouse
29.28to another plant or warehouse operated by the same person and used solely at the plant
29.29or warehouse as an ingredient in the formulation of a pesticide that is registered under
29.30this chapter.
29.31(c) An unregistered pesticide that was previously registered with the commissioner
29.32may be used for a period of two years following the cancellation of the registration of the
29.33pesticide, unless the commissioner determines that the continued use of the pesticide
29.34would cause unreasonable adverse effects on the environment, or with the written
30.1permission of the commissioner. To use the unregistered pesticide at any time after
30.2the two-year period, the pesticide end user must demonstrate to the satisfaction of the
30.3commissioner, if requested, that the pesticide has been continuously registered under a
30.4different brand name or by a different manufacturer and has similar composition, or, the
30.5pesticide end user obtains the written permission of the commissioner.
30.6(d) The commissioner may allow specific pesticide products that are not registered
30.7with the commissioner to be distributed in this state for use in another state.
30.8(e) Each pesticide with a unique United States Environmental Protection Agency
30.9pesticide registration number or a unique brand name must be registered with the
30.10commissioner.
30.11(f) It is unlawful for a person to distribute or use a pesticide in the state, or to sell
30.12into the state for use in the state, any pesticide product that has not been registered by the
30.13commissioner and for which the applicable pesticide registration application fee, gross
30.14sales fee, or waste pesticide program surcharge is not paid pursuant to subdivisions 3 and 4.
30.15(g) Every person who sells for use in the state a pesticide product that has been
30.16registered by the commissioner shall pay to the commissioner the applicable registration
30.17application fees, sales fees, and waste pesticide program surcharges. These sales expressly
30.18include all sales made electronically, telephonically, or by any other means that result in a
30.19pesticide product being shipped to or used in the state. There is a rebuttable presumption
30.20that pesticide products that are sold or distributed in or into the state by any person are
30.21sold or distributed for use in the state.

30.22    Sec. 52. Minnesota Statutes 2008, section 18B.26, subdivision 3, is amended to read:
30.23    Subd. 3. Registration application and gross sales fee. (a) For an agricultural
30.24pesticide, a registrant shall pay an annual registration application fee for each agricultural
30.25pesticide ~~to be registered, and this fee is set at 0.4 percent of annual gross sales within the~~
30.26~~state and annual gross sales of pesticides used in the state, with a minimum nonrefundable~~
30.27~~fee~~ of ~~$250~~ $350. The fee is due by December 31 preceding the year for which the
30.28application for registration is made. The fee is nonrefundable.
30.29~~The registrant shall determine when and which pesticides are sold or used in this~~
30.30~~state.~~ (b) For a nonagricultural pesticide, a registrant shall pay a minimum annual
30.31registration application fee for each nonagricultural pesticide of $350. The fee is due by
30.32December 31 preceding the year for which the application for registration is made. The
30.33fee is nonrefundable. The registrant of a nonagricultural pesticide shall additionally pay
30.34a fee of 0.5 percent of annual gross sales of the nonagricultural pesticide in the state
30.35and the annual gross sales of the nonagricultural pesticide sold into the state for use in
31.1this state. The commissioner may not assess a fee under this paragraph if the amount
31.2due based on percent of annual gross sales is less than $10. The registrant shall secure
31.3sufficient sales information of nonagricultural pesticides distributed into this state from
31.4distributors and dealers, regardless of distributor location, to make a determination. Sales
31.5of nonagricultural pesticides in this state and sales of nonagricultural pesticides for use in
31.6this state by out-of-state distributors are not exempt and must be included in the registrant's
31.7annual report, as required under paragraph ~~(c)~~ (g), and fees shall be paid by the registrant
31.8based upon those reported sales. Sales of nonagricultural pesticides in the state for use
31.9outside of the state are exempt from the ~~application~~ gross sales fee in this paragraph if
31.10the registrant properly documents the sale location and distributors. A registrant paying
31.11more than the minimum fee shall pay the balance due by March 1 based on the gross
31.12sales of the nonagricultural pesticide by the registrant for the preceding calendar year.
31.13~~The fee for disinfectants and sanitizers shall be the minimum. The minimum fee is due~~
31.14~~by December 31 preceding the year for which the application for registration is made. In~~
31.15~~each fiscal year, the commissioner shall allocate from the pesticide regulatory account a~~
31.16~~sum sufficient to collect and dispose of waste pesticides under section~~ ~~18B.065. However,~~
31.17~~notwithstanding section~~ ~~18B.065, if the commissioner determines that the balance in the~~
31.18~~pesticide regulatory account at the end of the fiscal year will be less than $500,000, the~~
31.19~~commissioner may suspend waste pesticide collections or provide partial payment to a~~
31.20~~person for waste pesticide collection. The commissioner must notify as soon as possible~~
31.21~~and no later than August 1 a person under contract to collect waste pesticides of an~~
31.22~~anticipated suspension or payment reduction.~~ Pesticide determined by the commissioner
31.23to be a sanitizer or disinfectant is exempt from the gross sales fee.
31.24(c) For agricultural pesticides, a licensed agricultural pesticide dealer shall pay a
31.25gross sales fee of 0.55 percent of annual gross sales of the agricultural pesticide in the
31.26state and the annual gross sales of the agricultural pesticide sold into the state for use in
31.27this state.
31.28(d) In those cases where a registrant first sells an agricultural pesticide in or into the
31.29state to a pesticide end user, the registrant must first obtain an agricultural pesticide dealer
31.30license and is responsible for payment of the annual gross sales fee under paragraph (c),
31.31record keeping under paragraph (i), and all other requirements of section 18B.316.
31.32(e) If the total annual revenue from fees collected by the commissioner on the
31.33registration and sale of pesticides is less than $6,600,000 for revenue collected in fiscal
31.34year 2011, fiscal year 2012, or fiscal year 2013, the commissioner may increase pesticide
31.35sales and product registration fees by the amount necessary to ensure this level of revenue
31.36is achieved.
32.1    ~~(b)~~ (f) An additional fee of ~~$100~~ 50 percent of the registration application fee must
32.2be paid by the applicant for each pesticide to be registered if the application is a renewal
32.3application that is submitted after December 31.
32.4    ~~(c)~~ (g) A registrant must annually report to the commissioner the amount ~~and~~, type
32.5and annual gross sales of each registered nonagricultural pesticide sold, offered for sale, or
32.6otherwise distributed in the state. The report shall be filed by March 1 for the previous
32.7year's registration. The commissioner shall specify the form of the report or approve
32.8the method for submittal of the report and may require additional information deemed
32.9necessary to determine the amount and type of ~~pesticides~~ nonagricultural pesticide
32.10annually distributed in the state. The information required shall include the brand name,
32.11United States Environmental Protection Agency registration number and amount,
32.12~~and formulation~~ of each nonagricultural pesticide sold, offered for sale, or otherwise
32.13distributed in the state, but the information collected, if made public, shall be reported in a
32.14manner which does not identify a specific brand name in the report.
32.15(h) A licensed agricultural pesticide dealer must annually report to the commissioner
32.16the amount, type, and annual gross sales of each registered agricultural pesticide sold,
32.17offered for sale, or otherwise distributed in the state or into the state for use in the state.
32.18The report must be filed by January 31 for the previous year's sales. The commissioner
32.19shall specify the form, contents and approved electronic method for submittal of the
32.20report and may require additional information deemed necessary to determine the amount
32.21and type of agricultural pesticide annually distributed within the state or into the state.
32.22The information required must include the brand name, United States Environmental
32.23Protection Agency registration number and amount of each agricultural pesticide sold,
32.24offered for sale, or otherwise distributed in the state or into the state.
32.25(i) A person who registers a pesticide with the commissioner under paragraph (b), or
32.26a registrant under paragraph (d), shall keep accurate records detailing all distribution or
32.27sales transactions into the state or in the state and subject to a fee and surcharge under
32.28this section, for five years.
32.29(j) The records are subject to inspection, copying and audit by the commissioner
32.30and must clearly demonstrate proof of payment of all applicable fees and surcharges
32.31for each registered pesticide product sold for use in this state. A person who is located
32.32outside of this state must maintain and make available records required by this subdivision
32.33in this state or pay all costs incurred by the commissioner in the inspecting, copying or
32.34auditing of the records.
33.1(k) The commissioner may adopt by rule regulations that require persons subject
33.2to audit under this section to provide information determined by the commissioner to be
33.3necessary to enable the commissioner to perform the audit.
33.4    ~~(d)~~ (l) A registrant who is required to pay more than the minimum fee for any
33.5pesticide under paragraph ~~(a)~~ (b) must pay a late fee penalty of $100 for each pesticide
33.6application fee paid after March 1 in the year for which the license is to be issued.
33.7EFFECTIVE DATE.This section is effective July 1, 2009. However:
33.8(1) the provisions of Minnesota Statutes 2008, section 18B.26, subdivision 3, remain
33.9in effect until December 31, 2010, for the registrants of pesticide products sold within the
33.10state or used in the state during calendar year 2009; and
33.11(2) the commissioner of agriculture may not implement paragraphs (c), (d), (e), (f),
33.12(g), (h), (i), (j), (k), or (l) until January 1, 2010.

33.13    Sec. 53. Minnesota Statutes 2008, section 18B.31, subdivision 3, is amended to read:
33.14    Subd. 3. License. A pesticide dealer license:
33.15(1) is issued by the commissioner upon receipt and review of a complete initial or
33.16renewal application;
33.17(2) is valid for one year and expires on ~~December~~ January 31 of each year unless it
33.18is suspended or revoked before that date;
33.19~~(2)~~ (3) is not transferable to another location; and
33.20~~(3)~~ (4) must be prominently displayed to the public in the pesticide dealer's place of
33.21business.

33.22    Sec. 54. Minnesota Statutes 2008, section 18B.31, subdivision 4, is amended to read:
33.23    Subd. 4. Application. (a) A person must apply to the commissioner for a pesticide
33.24dealer license on the forms and in the manner required by the commissioner.
33.25(b) The commissioner may require an additional demonstration of dealer
33.26qualification if the dealer has had a license suspended or revoked, or has otherwise had a
33.27history of violations of this chapter.
33.28(c) An application for renewal of a pesticide dealer license is not complete until the
33.29commissioner receives the report and applicable fees required under section 18B.316,
33.30subdivision 8.
33.31EFFECTIVE DATE.This section is effective January 1, 2010.

33.32    Sec. 55. [18B.316] AGRICULTURAL PESTICIDE DEALER LICENSE AND
33.33REPORTING.
34.1    Subdivision 1. Requirement. (a) A person must not distribute or sell an agricultural
34.2pesticide in the state or into the state without first obtaining an agricultural pesticide
34.3dealer license.
34.4(b) Each location or place of business from which an agricultural pesticide is
34.5distributed or sold in the state or into the state is required to have a separate agricultural
34.6pesticide dealer license.
34.7(c) A person who is a licensed pesticide dealer under section 18B.31 is not required
34.8to also be licensed under this subdivision.
34.9    Subd. 2. Exemption. A person who is a pesticide registrant under provisions of this
34.10chapter is exempt from the requirement of subdivision 1, except in those cases where a
34.11registrant first sells an agricultural pesticide in or into the state to a pesticide end user, the
34.12registrant must first obtain an agricultural pesticide dealer license.
34.13    Subd. 3. Resident agent. (a) A person required to be licensed under subdivisions
34.141 and 2, or a person licensed as a pesticide dealer pursuant to section 18B.31 and who
34.15operates from a location or place of business outside the state and who distributes or sells
34.16an agricultural pesticide into the state, must continuously maintain in this state both of
34.17the following:
34.18(1) a registered office;
34.19(2) a registered agent, who may be either a person resident in this state whose
34.20business office or residence is identical with the registered office under clause (1), a
34.21domestic corporation or limited liability company, or a foreign corporation of limited
34.22liability company authorized to transact business in this state and having a business office
34.23identical with the registered office;
34.24(3) a person licensed under this section or section 18B.31 shall annually file with
34.25the commissioner, either at the time of initial licensing or as part of license renewal, the
34.26name, address, telephone number, and electronic mail address of the licensee's registered
34.27agent; and
34.28(4) for licensees under section 18B.31 who are located in the state, the licensee is
34.29the registered agent.
34.30    Subd. 4. Responsibility. The resident agent is responsible for the acts of a licensed
34.31agricultural pesticide dealer, or of a licensed pesticide dealer under section 18B.31 who
34.32operates from a location or place of business outside the state and who distributes or
34.33sells an agricultural pesticide into the state, as well as the acts of the employees of those
34.34licensees.
34.35    Subd. 5. Records. A person licensed as an agricultural pesticide dealer, or a
34.36person licensed as a pesticide dealer pursuant to section 18B.31, must maintain at his or
35.1her principal place of business accurate records of purchases, sales, and distributions of
35.2agricultural pesticides in and into this state, including those of its branch locations, for five
35.3years. The records shall be made available for audit under provisions of this chapter and
35.4chapter 18D.
35.5    Subd. 6. Agricultural pesticide sales invoices. Sales invoices for agricultural
35.6pesticides sold in or into this state by a licensed agricultural pesticide dealer or a pesticide
35.7dealer under this section must show the percent of gross sales fee rate assessed and the
35.8gross sales fee paid under section 18B.26, subdivision 3, paragraph (c). Only the person
35.9who actually will pay the gross sales fee may show the rate or the amount of the fee as
35.10a line item on the sales invoice.
35.11    Subd. 7. License. An agricultural pesticide dealer license:
35.12(1) is issued by the commissioner upon receipt and review of a complete initial or
35.13renewal application;
35.14(2) is valid for one year and expires on January 31 of each year;
35.15(3) is not transferable from one location or place of business to another location
35.16or place of business; and
35.17(4) must be prominently displayed to the public in the agricultural pesticide dealer's
35.18place of business and in the registered office of the resident agent.
35.19    Subd. 8. Report of sales and payment to the commissioner. A person who is an
35.20agricultural pesticide dealer, or is a licensed pesticide dealer under 18B.31, who distributes
35.21or sells an agricultural pesticide in or into the state, and a pesticide registrant pursuant
35.22to section 18B.26, subdivision 3, paragraph (d), shall no later than January 31 of each
35.23year report and pay applicable fees on annual gross sales of agricultural pesticides to the
35.24commissioner pursuant to requirements under section 18B.26, subdivision 3, paragraphs
35.25(c) and (h).
35.26    Subd. 9. Application. (a) A person must apply to the commissioner for an
35.27agricultural pesticide dealer license on forms and in a manner approved by the
35.28commissioner.
35.29(b) The applicant must be the person in charge of each location or place of business
35.30from which agricultural pesticides are distributed or sold in or into the state.
35.31(c) The commissioner may require that the applicant provide information regarding
35.32the applicant's proposed operations and other information considered pertinent by the
35.33commissioner.
35.34(d) The commissioner may require additional demonstration of licensee qualification
35.35if the licensee has had a license suspended or revoked, or has otherwise had a history of
35.36violations in another state or of this chapter.
36.1(e) A licensed agricultural pesticide dealer who changes his or her address or place
36.2of business shall immediately notify the commissioner of such a change.
36.3(f) An application for renewal of an agricultural pesticide dealer license is complete
36.4only when a report and any applicable payment of fees under subdivision 8 are received
36.5by the commissioner.
36.6    Subd. 10. Application fee. (a) An application for an agricultural pesticide dealer
36.7license, or a renewal of an agricultural pesticide dealer license, must be accompanied
36.8by a nonrefundable fee of $150.
36.9(b) If an application for renewal of an agricultural pesticide dealer license is not filed
36.10before January of the year for which the license is to be issued, an additional fee of 50
36.11percent of the application fee must be paid by the applicant before the commissioner
36.12may issue the license.
36.13EFFECTIVE DATE.This section is effective July 1, 2009. However, the
36.14commissioner of agriculture may not implement subdivision 9, paragraph (f), until
36.15January 1, 2011.

36.16    Sec. 56. [18B.346] PESTICIDE APPLICATION ON RAILROAD PROPERTY.
36.17    Subdivision 1. Applicability. This section applies only to common carrier railroads.
36.18    Subd. 2. Safety information. (a) In coordination with common carrier railroad
36.19companies operating in this state, the commissioner shall provide annual pesticide safety
36.20outreach opportunities for railroad employees.
36.21(b) A common carrier railroad that operates in this state must provide annual
36.22employee pesticide safety training opportunities.
36.23    Subd. 3. Pesticide applications. (a) A person may not directly apply a restricted
36.24use pesticide to occupied or unoccupied locomotives, track repair equipment, or on-track
36.25housing units unless the pesticide is specifically labeled for that use.
36.26(b) Employees of common carrier railroads must not be required to work in affected
36.27areas in a manner that is inconsistent with the pesticide label.
36.28    Subd. 4. Misuse reporting. A common carrier railroad or a commercial applicator
36.29hired by the common carrier railroad to apply pesticide must report to the commissioner
36.30within four hours, or as soon as practicable, any pesticide misuse known to the railroad
36.31company or commercial applicator that occurred on railroad property or to other property
36.32under the control of the railroad company. For the purposes of this section "misuse" means
36.33a pesticide application that violates subdivision 3 or any provision in section 18B.07.

36.34    Sec. 57. Minnesota Statutes 2008, section 18B.37, subdivision 1, is amended to read:
37.1    Subdivision 1. Pesticide dealer. (a) A pesticide dealer must maintain records of all
37.2sales of restricted use pesticides as required by the commissioner. Records must be kept at
37.3the time of sale on forms supplied by the commissioner or on the pesticide dealer's forms
37.4if they are approved by the commissioner.
37.5(b) Records must be submitted ~~annually with the renewal application for a pesticide~~
37.6~~dealer license or~~ upon request of the commissioner.
37.7(c) Copies of records required under this subdivision must be maintained by the
37.8pesticide dealer for a period of five years after the date of the pesticide sale.

37.9    Sec. 58. Minnesota Statutes 2008, section 18C.415, subdivision 3, is amended to read:
37.10    Subd. 3. Effective period. ~~Other~~ Licenses are for the period from January 1 to the
37.11following December 31 and must be renewed annually by the licensee before January 1. A
37.12license is not transferable from one person to another, from the ownership to whom issued
37.13to another ownership, or from one location to another location.

37.14    Sec. 59. Minnesota Statutes 2008, section 18C.421, is amended to read:
37.1518C.421 ~~DISTRIBUTOR'S~~ TONNAGE REPORT.
37.16    Subdivision 1. ~~Semiannual statement~~ Annual tonnage report. (a) Each ~~licensed~~
37.17~~distributor of fertilizer and each registrant of a specialty fertilizer, soil amendment, or plant~~
37.18~~amendment must file a semiannual statement for the periods ending December 31 and June~~
37.19~~30 with the commissioner on forms furnished by the commissioner stating the number of~~
37.20~~net tons and grade of each raw fertilizer material distributed or the number of net tons of~~
37.21~~each brand or grade of fertilizer, soil amendment, or plant amendment~~ registrant under
37.22section 18C.411 and licensee under section 18C.415 shall file an annual tonnage report for
37.23the previous year ending June 30 with the commissioner, on forms provided or approved
37.24by the commissioner, stating the number of net tons of each brand or grade of fertilizer,
37.25soil amendment, or plant amendment distributed in this state or the number of net tons and
37.26grade of each raw fertilizer material distributed in this state during the reporting period.
37.27(b) A tonnage ~~reports are~~ report is not required to be ~~filed with~~ submitted, and an
37.28inspection fee under section 18C.425, subdivision 6, is not required to be paid to the
37.29commissioner ~~from licensees~~ by a licensee who ~~distributed~~ distributes fertilizer solely by
37.30custom application.
37.31(c) ~~A report from a licensee who sells to an ultimate consumer must be accompanied~~
37.32~~by records or invoice copies indicating the name of the distributor who paid the inspection~~
37.33~~fee, the net tons received, and the grade or brand name of the products received.~~
38.1~~(d)~~ The annual tonnage report ~~is due~~ must be submitted to the commissioner on or
38.2before ~~the last day of the month following the close of each reporting period~~ July 31 of
38.3each ~~calendar~~ year.
38.4~~(e)~~ (d) The inspection fee at the rate stated in section 18C.425, subdivision 6, must
38.5accompany the statement.
38.6    Subd. 2. Additional reports. The commissioner may by rule require additional
38.7reports for the purpose of gathering statistical data relating to fertilizer, soil amendments,
38.8and plant amendments distribution in the state.
38.9    Subd. 3. Late annual report and inspection fee penalty. (a) If a ~~distributor does~~
38.10~~not file the semiannual statement~~ registrant or licensee fails to submit an annual tonnage
38.11report or pay the inspection ~~fees~~ fee under section 18C.425, subdivision 6, by ~~31 days~~
38.12~~after the end of the reporting period~~ July 31, the commissioner shall assess the registrant
38.13or licensee a penalty of the greater of ~~$25~~ $50 or ten percent of the amount due ~~against~~
38.14~~the licensee or registrant~~.
38.15(b) The fees due, plus the penalty, may be recovered in a civil action against the
38.16licensee or registrant.
38.17(c) The assessment of the penalty does not prevent the commissioner from taking
38.18other actions as provided in this chapter and sections 18D.301 to 18D.331.
38.19    ~~Subd. 4.~~ ~~Responsibility for inspection fees.~~ ~~If more than one person is involved~~
38.20~~in the distribution of a fertilizer, soil amendment, or plant amendment, the distributor~~
38.21~~who imports, manufactures, or produces the fertilizer or who has the specialty fertilizer,~~
38.22~~soil amendment, or plant amendment registered is responsible for the inspection fee on~~
38.23~~products produced or brought into this state. The distributor must separately list the~~
38.24~~inspection fee on the invoice to the licensee. The last licensee must retain the invoices~~
38.25~~showing proof of inspection fees paid for three years and must pay the inspection fee on~~
38.26~~products brought into this state before July 1, 1989, unless the reporting and paying of~~
38.27~~fees have been made by a prior distributor of the fertilizer.~~
38.28    Subd. 5. Verification of ~~statements~~ annual tonnage report. The commissioner
38.29may verify the records on which the ~~statement of~~ annual tonnage report is based.

38.30    Sec. 60. Minnesota Statutes 2008, section 18C.425, subdivision 4, is amended to read:
38.31    Subd. 4. Fee for late application. If an application for renewal of a ~~fertilizer~~
38.32~~license or~~ registration ~~of a specialty fertilizer, soil amendment, or plant amendment~~
38.33under section 18C.411 or a license under section 18C.415 is ~~not filed before January 1~~
38.34~~or July 1 of a year, as required~~ submitted to the commissioner after December 31, an
39.1additional ~~application~~ late fee of one-half of the amount due must be paid in addition to
39.2the application fee before the renewal license or registration may be issued.

39.3    Sec. 61. Minnesota Statutes 2008, section 18C.425, subdivision 6, is amended to read:
39.4    Subd. 6. Payment of inspection ~~fees~~ fee. (a) The person who registers and
39.5distributes in the state a specialty fertilizer, soil amendment, or plant amendment under
39.6section 18C.411 shall pay the inspection fee to the commissioner.
39.7(b) The person licensed under section 18C.415 who distributes a fertilizer to a person
39.8not required to be so licensed shall pay the inspection fee to the commissioner, except as
39.9exempted under section 18C.421, subdivision 1, paragraph (b).
39.10(c) The person responsible for payment of the inspection fees for fertilizers, soil
39.11amendments, or plant amendments sold and used in this state must pay an inspection fee
39.12of 30 cents per ton of fertilizer, soil amendment, and plant amendment sold or distributed
39.13in this state, with a minimum of $10 on all tonnage reports. Products sold or distributed to
39.14manufacturers or exchanged between them are exempt from the inspection fee imposed by
39.15this subdivision if the products are used exclusively for manufacturing purposes.
39.16(d) A registrant or licensee must retain invoices showing proof of fertilizer, plant
39.17amendment, or soil amendment distribution amounts and inspection fees paid for a period
39.18of three years.

39.19    Sec. 62. Minnesota Statutes 2008, section 18C.425, subdivision 6, is amended to read:
39.20    Subd. 6. Inspection fees. The person responsible for payment of the inspection
39.21fees for fertilizers, soil amendments, or plant amendments sold and used in this state
39.22must pay an inspection fee of 30 70 cents per ton of fertilizer, soil amendment, and plant
39.23amendment sold or distributed in this state, with a minimum of $10 on all tonnage reports.
39.24Products sold or distributed to manufacturers or exchanged between them are exempt
39.25from the inspection fee imposed by this subdivision if the products are used exclusively
39.26for manufacturing purposes.

39.27    Sec. 63. Minnesota Statutes 2008, section 18E.03, subdivision 2, is amended to read:
39.28    Subd. 2. Expenditures. (a) Money in the agricultural chemical response and
39.29reimbursement account may only be used:
39.30(1) to pay for the commissioner's responses to incidents under chapters 18B, 18C,
39.31and 18D that are not eligible for payment under section 115B.20, subdivision 2;
39.32(2) to pay for emergency responses that are otherwise unable to be funded;
39.33(3) to reimburse and pay corrective action costs under section 18E.04; and
40.1(4) ~~by the board~~ to reimburse the commissioner for board staff and other
40.2administrative costs and the commissioner's incident response program costs related to
40.3eligible incident sites, up to ~~$225,000~~ $450,000 per fiscal year.
40.4(b) Money in the agricultural chemical response and reimbursement account is
40.5appropriated to the commissioner to make payments as provided in this subdivision.

40.6    Sec. 64. Minnesota Statutes 2008, section 18E.03, subdivision 4, is amended to read:
40.7    Subd. 4. Fee. (a) The response and reimbursement fee consists of the surcharges and
40.8any adjustments made by the commissioner in this subdivision and shall be collected by
40.9the commissioner. The amount of the response and reimbursement fee shall be determined
40.10and imposed annually by the commissioner as required to satisfy the requirements in
40.11subdivision 3. The commissioner shall adjust the amount of the surcharges imposed in
40.12proportion to the amount of the surcharges listed in this subdivision. License application
40.13categories under paragraph (d) must be charged in proportion to the amount of surcharges
40.14imposed up to a maximum of 50 percent of the license fees set under chapters 18B and
40.1518C.
40.16    (b) The commissioner shall impose a surcharge on pesticides registered under
40.17chapter 18B to be collected as a surcharge on the ~~registration application fee~~ gross sales
40.18under section 18B.26, subdivision 3, that is equal to 0.1 percent of sales of the pesticide
40.19in the state and sales of pesticides for use in the state during the previous calendar year,
40.20except the surcharge may not be imposed on pesticides that are sanitizers or disinfectants
40.21as determined by the commissioner. No surcharge is required if the surcharge amount
40.22based on percent of annual gross sales is less than $10. ~~The registrant shall determine~~
40.23~~when and which pesticides are sold or used in this state. The registrant shall secure~~
40.24~~sufficient sales information of pesticides distributed into this state from distributors and~~
40.25~~dealers, regardless of distributor location, to make a determination. Sales of pesticides in~~
40.26~~this state and sales of pesticides for use in this state by out-of-state distributors are not~~
40.27~~exempt and must be included in the registrant's annual report, as required under section~~
40.28~~18B.26, subdivision 3, paragraph (c), and fees shall be paid by the registrant based upon~~
40.29~~those reported sales.~~ Sales of pesticides in the state for use outside of the state are exempt
40.30from the surcharge in this paragraph if the registrant, agricultural pesticide dealer, or
40.31pesticide dealer properly documents the sale location and the distributors.
40.32    (c) The commissioner shall impose a ten cents per ton surcharge on the inspection
40.33fee under section 18C.425, subdivision 6, for fertilizers, soil amendments, and plant
40.34amendments.
41.1    (d) The commissioner shall impose a surcharge on the license application of persons
41.2licensed under chapters 18B and 18C consisting of:
41.3    (1) a $75 surcharge for each site where pesticides are stored or distributed, to
41.4be imposed as a surcharge on pesticide dealer application fees under section 18B.31,
41.5subdivision 5 , and the agricultural pesticide dealer application fee under section 18B.316,
41.6subdivision 10;
41.7    (2) a $75 surcharge for each site where a fertilizer, plant amendment, or soil
41.8amendment is distributed, to be imposed on persons licensed under sections 18C.415
41.9and 18C.425;
41.10    (3) a $50 surcharge to be imposed on a structural pest control applicator license
41.11application under section 18B.32, subdivision 6, for business license applications only;
41.12    (4) a $20 surcharge to be imposed on commercial applicator license application fees
41.13under section 18B.33, subdivision 7; and
41.14    (5) a $20 surcharge to be imposed on noncommercial applicator license application
41.15fees under section 18B.34, subdivision 5, except a surcharge may not be imposed on a
41.16noncommercial applicator that is a state agency, political subdivision of the state, the
41.17federal government, or an agency of the federal government.
41.18    (e) A $1,000 fee shall be imposed on each site where pesticides are stored and sold
41.19for use outside of the state unless:
41.20    (1) the distributor properly documents that it has less than $2,000,000 per year in
41.21wholesale value of pesticides stored and transferred through the site; or
41.22    (2) the registrant pays the surcharge under paragraph (b) and the registration fee
41.23under section 18B.26, subdivision 3, for all of the pesticides stored at the site and sold for
41.24use outside of the state.
41.25    (f) Paragraphs (c) to (e) apply to sales, licenses issued, applications received for
41.26licenses, and inspection fees imposed on or after July 1, 1990.
41.27EFFECTIVE DATE.This section is effective July 1, 2009. However, the
41.28commissioner of agriculture may not implement the change to paragraph (b) until January
41.291, 2010.

41.30    Sec. 65. Minnesota Statutes 2008, section 18E.06, is amended to read:
41.3118E.06 REPORT.
41.32By December 1 of each year, the Agricultural Chemical Response Compensation
41.33Board and the commissioner shall submit to the house of representatives Committee
41.34on Ways and Means, the senate Committee on Finance, the house of representatives
41.35and senate committees with jurisdiction over the environment, natural resources, and
42.1agriculture, and the Environmental Quality Board a report detailing the board's activities
42.2and reimbursements and the expenditures and activities associated with the commissioner's
42.3incident response program for which money from the account has been spent during
42.4the previous year.

42.5    Sec. 66. Minnesota Statutes 2008, section 18H.02, subdivision 12a, is amended to read:
42.6    Subd. 12a. ~~Individual~~ Dormant. ~~"Individual" means a human being~~ "Dormant"
42.7means nursery stock without etiolated growth.
42.8EFFECTIVE DATE.This section is effective the day following final enactment.

42.9    Sec. 67. Minnesota Statutes 2008, section 18H.02, is amended by adding a subdivision
42.10to read:
42.11    Subd. 12b. Etiolated growth. "Etiolated growth" means bleached and unnatural
42.12growth resulting from the exclusion of sunlight.
42.13EFFECTIVE DATE.This section is effective the day following final enactment.

42.14    Sec. 68. Minnesota Statutes 2008, section 18H.02, is amended by adding a subdivision
42.15to read:
42.16    Subd. 12c. Individual. "Individual" means a human being.
42.17EFFECTIVE DATE.This section is effective the day following final enactment.

42.18    Sec. 69. Minnesota Statutes 2008, section 18H.02, is amended by adding a subdivision
42.19to read:
42.20    Subd. 24a. Packaged stock. "Packaged stock" means bare root nursery stock
42.21packed with the roots in moisture-retaining material encased in plastic film or other
42.22material designed to hold the moisture-retaining material in place.
42.23EFFECTIVE DATE.This section is effective the day following final enactment.

42.24    Sec. 70. Minnesota Statutes 2008, section 18H.07, subdivision 2, is amended to read:
42.25    Subd. 2. Nursery stock grower certificate. (a) A nursery stock grower must
42.26pay an annual fee based on the area of all acreage on which nursery stock is grown for
42.27certification as follows:
42.28(1) less than one-half acre, $150;
42.29(2) from one-half acre to two acres, $200;
42.30(3) over two acres up to five acres, $300;
42.31(4) over five acres up to ten acres, $350;
43.1(5) over ten acres up to 20 acres, $500;
43.2(6) over 20 acres up to 40 acres, $650;
43.3(7) over 40 acres up to 50 acres, $800;
43.4(8) over 50 acres up to 200 acres, $1,100;
43.5(9) over 200 acres up to 500 acres, $1,500; and
43.6(10) over 500 acres, $1,500 plus $2 for each additional acre.
43.7(b) In addition to the fees in paragraph (a), a penalty of ten percent of the fee
43.8due must be charged for each month, or portion thereof, that the fee is delinquent up
43.9to a maximum of 30 percent for any application for renewal not ~~received by January 1~~
43.10postmarked by December 31 of the current year ~~following expiration of a certificate~~.
43.11EFFECTIVE DATE.This section is effective the day following final enactment.

43.12    Sec. 71. Minnesota Statutes 2008, section 18H.07, subdivision 3, is amended to read:
43.13    Subd. 3. Nursery stock dealer certificate. (a) A nursery stock dealer must pay an
43.14annual fee based on the dealer's gross sales of certified nursery stock per location during
43.15the most recent certificate year. A certificate applicant operating for the first time must pay
43.16the minimum fee. The fees per sales location are:
43.17(1) gross sales up to $5,000, $150;
43.18(2) gross sales over $5,000 up to $20,000, $175;
43.19(3) gross sales over $20,000 up to $50,000, $300;
43.20(4) gross sales over $50,000 up to $75,000, $425;
43.21(5) gross sales over $75,000 up to $100,000, $550;
43.22(6) gross sales over $100,000 up to $200,000, $675; and
43.23(7) gross sales over $200,000, $800.
43.24(b) In addition to the fees in paragraph (a), a penalty of ten percent of the fee
43.25due must be charged for each month, or portion thereof, that the fee is delinquent up
43.26to a maximum of 30 percent for any application for renewal not ~~received by January 1~~
43.27postmarked by December 31 of the current year ~~following expiration of a certificate~~.
43.28EFFECTIVE DATE.This section is effective the day following final enactment.

43.29    Sec. 72. Minnesota Statutes 2008, section 18H.09, is amended to read:
43.3018H.09 NURSERY STOCK CERTIFICATION REQUIREMENTS.
43.31(a) All nursery stock growing at sites identified by nursery stock dealers or nursery
43.32stock growers and submitted for inspection must be inspected by the commissioner within
43.33the previous 12 months prior to sale and found apparently free from quarantine and
44.1regulated nonquarantine pests as well as significantly dangerous or potentially damaging
44.2plant pests. The commissioner may waive a site inspection under the following conditions:
44.3(1) the nursery stock is not going to be sold within 12 months;
44.4(2) the nursery stock will not be moved out of Minnesota; and
44.5(3) the nursery site or stock is not subject to certification requirements associated
44.6with a state or federally regulated or quarantined plant pest.
44.7All nursery stock originating from out of state and offered for sale in Minnesota
44.8must have been inspected by the appropriate state or federal agency during the previous
44.912 months and found free from quarantine and regulated nonquarantine pests as well as
44.10significantly dangerous or potentially damaging plant pests. A nursery stock certificate
44.11is valid from January 1 to December 31.
44.12(b) Nursery stock must be accessible to the commissioner for inspection during
44.13regular business hours. Weeds or other growth that hinder a proper inspection are grounds
44.14to suspend or withhold a certificate or require a reinspection.
44.15(c) Inspection reports issued to growers must contain a list of the plant pests found at
44.16the time of inspection. Withdrawal-from-distribution orders are considered part of the
44.17inspection reports. A withdrawal-from-distribution order must contain a list of plants
44.18withdrawn from distribution and the location of the plants.
44.19(d) The commissioner may post signs to delineate sections withdrawn from
44.20distribution. These signs must remain in place until the commissioner removes them or
44.21grants written permission to the grower to remove the signs.
44.22(e) Inspection reports issued to dealers must outline the violations involved and
44.23corrective actions to be taken including withdrawal-from-distribution orders which would
44.24specify nursery stock that could not be distributed from a certain area.
44.25(f) Optional inspections of plants may be conducted by the commissioner upon
44.26request by any persons desiring an inspection. A fee as provided in section 18H.07 must
44.27be charged for such an inspection.
44.28EFFECTIVE DATE.This section is effective the day following final enactment.

44.29    Sec. 73. Minnesota Statutes 2008, section 18H.10, is amended to read:
44.3018H.10 STORAGE OF NURSERY STOCK.
44.31All nursery stock must be kept and displayed under conditions of temperature,
44.32light, and moisture sufficient to maintain the viability and vigor of the nursery stock.
44.33Packaged dormant nursery stock must be stored under conditions that retard growth,
44.34prevent etiolated growth, and protect its viability.
44.35EFFECTIVE DATE.This section is effective the day following final enactment.

45.1    Sec. 74. Minnesota Statutes 2008, section 28A.085, subdivision 1, is amended to read:
45.2    Subdivision 1. Violations; prohibited acts. The commissioner may charge a
45.3reinspection fee for each reinspection of a food handler that:
45.4(1) is found with a major violation of requirements in chapter 28, 29, 30, 31, 31A,
45.532, 33, or 34, or rules adopted under one of those chapters;
45.6(2) is found with a violation of section 31.02, 31.161, or 31.165, and requires a
45.7follow-up inspection after an administrative meeting held pursuant to section 31.14; or
45.8(3) fails to correct equipment and facility deficiencies as required in rules adopted
45.9under chapter 28, 29, 30, 31, 31A, 32, or 34. The first reinspection of a firm with gross
45.10food sales under $1,000,000 must be assessed at ~~$75~~ $150. The fee for a firm with gross
45.11food sales over $1,000,000 is ~~$100~~ $200. The fee for a subsequent reinspection of a firm
45.12for the same violation is 50 percent of their current license fee or ~~$200~~ $300, whichever is
45.13greater. The establishment must be issued written notice of violations with a reasonable
45.14date for compliance listed on the notice. An initial inspection relating to a complaint is
45.15not a reinspection.

45.16    Sec. 75. Minnesota Statutes 2008, section 28A.21, subdivision 5, is amended to read:
45.17    Subd. 5. Duties. The task force shall:
45.18    (1) coordinate educational efforts regarding food safety and defense;
45.19    (2) provide advice and coordination to state agencies as requested by the agencies;
45.20    (3) serve as a source of information and referral for the public, news media, and
45.21others concerned with food safety and defense; and
45.22    (4) make recommendations to Congress, the legislative committees with jurisdiction
45.23over agriculture finance and policy, the legislature, and others about appropriate action to
45.24improve food safety and defense in the state.

45.25    Sec. 76. Minnesota Statutes 2008, section 31.94, is amended to read:
45.2631.94 COMMISSIONER DUTIES.
45.27(a) In order to promote opportunities for organic agriculture in Minnesota, the
45.28commissioner shall:
45.29(1) survey producers and support services and organizations to determine
45.30information and research needs in the area of organic agriculture practices;
45.31(2) work with the University of Minnesota to demonstrate the on-farm applicability
45.32of organic agriculture practices to conditions in this state;
45.33(3) direct the programs of the department so as to work toward the promotion of
45.34organic agriculture in this state;
46.1(4) inform agencies of how state or federal programs could utilize and support
46.2organic agriculture practices; and
46.3(5) work closely with producers, the University of Minnesota, the Minnesota Trade
46.4Office, and other appropriate organizations to identify opportunities and needs as well
46.5as ensure coordination and avoid duplication of state agency efforts regarding research,
46.6teaching, marketing, and extension work relating to organic agriculture.
46.7(b) By November 15 of each even-numbered year the commissioner, in conjunction
46.8with the task force created in paragraph (c), shall report on the status of organic
46.9agriculture in Minnesota to the legislative policy and finance committees and divisions
46.10with jurisdiction over agriculture. The report must include:
46.11(1) a description of current state or federal programs directed toward organic
46.12agriculture, including significant results and experiences of those programs;
46.13(2) a description of specific actions the department of agriculture is taking in the
46.14area of organic agriculture, including the proportion of the department's budget spent on
46.15organic agriculture;
46.16(3) a description of current and future research needs at all levels in the area of
46.17organic agriculture;
46.18(4) suggestions for changes in existing programs or policies or enactment of new
46.19programs or policies that will affect organic agriculture;
46.20(5) a description of market trends and potential for organic products;
46.21(6) available information, using currently reliable data, on the price received, yield,
46.22and profitability of organic farms, and a comparison with data on conventional farms; and
46.23(7) available information, using currently reliable data, on the positive and negative
46.24impacts of organic production on the environment and human health.
46.25(c) ~~The commissioner shall appoint~~ A Minnesota Organic Advisory Task Force to
46.26shall advise the commissioner and the University of Minnesota on policies and ~~practices~~
46.27to programs that will improve organic agriculture in Minnesota, including how available
46.28resources can most effectively be used for outreach, education, research, and technical
46.29assistance that meet the needs of the organic agriculture community. The task force must
46.30consist of the following residents of the state:
46.31(1) three farmers using organic agriculture methods;
46.32(2) two ~~organic food~~ wholesalers, retailers, or distributors of organic products;
46.33(3) one representative of organic ~~food~~ certification agencies;
46.34(4) two organic ~~food~~ processors;
46.35(5) one representative from ~~the~~ University of Minnesota Extension ~~Service~~;
47.1(6) one ~~representative from a~~ University of Minnesota ~~postsecondary research~~
47.2~~institution~~ faculty member;
47.3(7) one representative from a nonprofit organization representing producers;
47.4(8) ~~one~~ two at-large ~~member~~ members;
47.5(9) one representative from the United States Department of Agriculture; and
47.6(10) one organic consumer representative.
47.7The commissioner, in consultation with the director of the Minnesota Agricultural
47.8Experiment Station; the dean and director of University of Minnesota Extension; and the
47.9dean of the College of Food, Agricultural and Natural Resource Sciences shall appoint
47.10members to serve staggered two-year terms.
47.11~~Terms,~~ Compensation, and removal of members are governed by section 15.059,
47.12subdivision 6 . The task force must meet at least twice each year and expires on June
47.1330, ~~2009~~ 2013.
47.14(d) For the purposes of expanding, improving, and developing production and
47.15marketing of the organic products of Minnesota agriculture, the commissioner may
47.16receive funds from state and federal sources and spend them, including through grants or
47.17contracts, to assist producers and processors to achieve certification, to conduct education
47.18or marketing activities, to enter into research and development partnerships, or to address
47.19production or marketing obstacles to the growth and well-being of the industry.
47.20(e) The commissioner may facilitate the registration of state organic production
47.21and handling operations including those exempt from organic certification according to
47.22Code of Federal Regulations, title 7, section 205.101, and certification agents operating
47.23within the state.
47.24EFFECTIVE DATE.This section is effective June 30, 2009.

47.25    Sec. 77. [31.97] FEEDING MINNESOTA TASK FORCE.
47.26    Subdivision 1. Establishment; purpose. The commissioner of agriculture must
47.27establish the Feeding Minnesota Task Force to study the consumption of Minnesota grown
47.28produce and livestock by facilitating the donation of harvested products to charities that
47.29provide food for hungry people.
47.30    Subd. 2. Members. The commissioner must appoint task force members as follows :
47.31(1) one member representing a food bank organization;
47.32(2) two members representing food producer and grower organizations;
47.33(3) one member representing the Minnesota Farmers Market Association;
47.34(4) one member representing Minnesota higher education institutions;
47.35(5) one member representing the food transportation industry;
48.1(6) two members representing statewide agricultural organizations; and
48.2(7) one member representing food processors.
48.3    Subd. 3. Administrative support. The commissioner must provide staff and other
48.4administrative support to the task force.
48.5    Subd. 4. Report. The commissioner must convene the task force no later than
48.6January 31, 2010. The commissioner must make policy recommendations to the chairs of
48.7the legislative committees with jurisdiction over agricultural finance by November 1, 2010.
48.8    Subd. 5. Expiration. This section expires November 1, 2010.

48.9    Sec. 78. Minnesota Statutes 2008, section 32.394, subdivision 8, is amended to read:
48.10    Subd. 8. Grade A inspection fees. A processor or marketing organization of milk,
48.11milk products, sheep milk, or goat milk who wishes to market Grade A milk or use the
48.12Grade A label must apply for Grade A inspection service from the commissioner. A
48.13pasteurization plant requesting Grade A inspection service must hold a Grade A permit
48.14and pay an annual inspection fee of no more than $500. For Grade A farm inspection
48.15service, the fee must be no more than $50 per farm, paid annually by the processor or by
48.16the marketing organization on behalf of its patrons. For a farm requiring a reinspection
48.17in addition to the required biannual inspections, an additional fee of ~~$45~~ $100 per
48.18reinspection must be paid by the processor or by the marketing organization on behalf
48.19of its patrons.

48.20    Sec. 79. Minnesota Statutes 2008, section 41B.039, subdivision 2, is amended to read:
48.21    Subd. 2. State participation. The state may participate in a new real estate loan
48.22with an eligible lender to a beginning farmer to the extent of 45 percent of the principal
48.23amount of the loan or ~~$200,000~~ $300,000, whichever is less. The interest rates and
48.24repayment terms of the authority's participation interest may be different than the interest
48.25rates and repayment terms of the lender's retained portion of the loan.

48.26    Sec. 80. Minnesota Statutes 2008, section 41B.04, subdivision 8, is amended to read:
48.27    Subd. 8. ~~State's~~ State participation. With respect to loans that are eligible for
48.28restructuring under sections 41B.01 to 41B.23 and upon acceptance by the authority,
48.29the authority shall enter into a participation agreement or other financial arrangement
48.30whereby it shall participate in a restructured loan to the extent of 45 percent of the primary
48.31principal or ~~$225,000~~ $400,000, whichever is less. The authority's portion of the loan
48.32must be protected during the authority's participation by the first mortgage held by the
48.33eligible lender to the extent of its participation in the loan.

49.1    Sec. 81. Minnesota Statutes 2008, section 41B.042, subdivision 4, is amended to read:
49.2    Subd. 4. Participation limit; interest. The authority may participate in new
49.3seller-sponsored loans to the extent of 45 percent of the principal amount of the loan or
49.4~~$200,000~~ $300,000, whichever is less. The interest rates and repayment terms of the
49.5authority's participation interest may be different than the interest rates and repayment
49.6terms of the seller's retained portion of the loan.

49.7    Sec. 82. Minnesota Statutes 2008, section 41B.043, subdivision 1b, is amended to read:
49.8    Subd. 1b. Loan participation. The authority may participate in an agricultural
49.9improvement loan with an eligible lender to a farmer who meets the requirements of
49.10section 41B.03, subdivision 1, clauses (1) and (2), and who is actively engaged in farming.
49.11Participation is limited to 45 percent of the principal amount of the loan or ~~$200,000~~
49.12$300,000, whichever is less. The interest rates and repayment terms of the authority's
49.13participation interest may be different than the interest rates and repayment terms of
49.14the lender's retained portion of the loan.

49.15    Sec. 83. Minnesota Statutes 2008, section 41B.045, subdivision 2, is amended to read:
49.16    Subd. 2. Loan participation. The authority may participate in a livestock
49.17expansion loan with an eligible lender to a livestock farmer who meets the requirements
49.18of section 41B.03, subdivision 1, clauses (1) and (2), and who are actively engaged in
49.19a livestock operation. A prospective borrower must have a total net worth, including
49.20assets and liabilities of the borrower's spouse and dependents, of less than $660,000 in
49.212004 and an amount in subsequent years which is adjusted for inflation by multiplying
49.22that amount by the cumulative inflation rate as determined by the United States All-Items
49.23Consumer Price Index.
49.24Participation is limited to 45 percent of the principal amount of the loan or ~~$275,000~~
49.25$400,000, whichever is less. The interest rates and repayment terms of the authority's
49.26participation interest may be different from the interest rates and repayment terms of
49.27the lender's retained portion of the loan.

49.28    Sec. 84. Minnesota Statutes 2008, section 97A.045, subdivision 1, is amended to read:
49.29    Subdivision 1. Duties; generally. (a) The commissioner shall do all things the
49.30commissioner determines are necessary to preserve, protect, and propagate desirable
49.31species of wild animals. The commissioner shall make special provisions for the
49.32management of fish and wildlife to ensure recreational opportunities for anglers and
49.33hunters. The commissioner shall acquire wild animals for breeding or stocking and may
50.1dispose of or destroy undesirable or predatory wild animals and their dens, nests, houses,
50.2or dams.
50.3(b) Notwithstanding chapters 17 and 35, the commissioner, in consultation with the
50.4commissioner of agriculture and the executive director of the Board of Animal Health,
50.5may capture or control nonnative or domestic animals that are released, have escaped,
50.6or are otherwise running at large and causing damage to natural resources or agricultural
50.7lands, or that are posing a threat to wildlife, domestic animals or human health. The
50.8commissioner may work with other agencies to assist in the capture or control and may
50.9authorize persons to take such animals.

50.10    Sec. 85. Minnesota Statutes 2008, section 239.791, subdivision 1, is amended to read:
50.11    Subdivision 1. Minimum ethanol content required. (a) Except as provided in
50.12subdivisions 10 to 14, a person responsible for the product shall ensure that all gasoline
50.13sold or offered for sale in Minnesota must contain at least the quantity of ethanol required
50.14by clause (1) or (2), whichever is greater:
50.15(1) 10.0 percent denatured ethanol by volume; or
50.16(2) the maximum percent of denatured ethanol by volume authorized in a waiver
50.17granted by the United States Environmental Protection Agency under section 211(f)(4) of
50.18the Clean Air Act, United States Code, title 42, section 7545, subsection (f), paragraph (4).
50.19(b) For purposes of enforcing the minimum ethanol requirement of paragraph (a),
50.20a gasoline/ethanol blend will be construed to be in compliance if the ethanol content,
50.21exclusive of denaturants and permitted contaminants, comprises not less than 9.2 percent
50.22by volume and not more than 10.0 percent by volume of the blend as determined by an
50.23appropriate United States Environmental Protection Agency or American Society of
50.24Testing Materials standard method of analysis of alcohol/ether content in engine fuels.
50.25(c) The provisions of this subdivision are suspended during any period of time that
50.26subdivision 1a, paragraph (a), is in effect.

50.27    Sec. 86. Minnesota Statutes 2008, section 239.791, subdivision 1a, is amended to read:
50.28    Subd. 1a. Minimum ethanol content required. (a) Except as provided in
50.29subdivisions 10 to 14, on August 30, 2013, and thereafter, a person responsible for the
50.30product shall ensure that all gasoline sold or offered for sale in Minnesota must contain at
50.31least the quantity of ethanol required by clause (1) or (2), whichever is greater:
50.32(1) 20 percent denatured ethanol by volume; or
50.33(2) the maximum percent of denatured ethanol by volume authorized in a waiver
50.34granted by the United States Environmental Protection Agency under section 211(f)(4) of
50.35the Clean Air Act, United States Code, title 42, section 7545, subsection (f), paragraph (4).
51.1(b) For purposes of enforcing the minimum ethanol requirement of paragraph (a),
51.2a gasoline/ethanol blend will be construed to be in compliance if the ethanol content,
51.3exclusive of denaturants and permitted contaminants, comprises not less than 18.4 percent
51.4by volume and not more than 20 percent by volume of the blend as determined by an
51.5appropriate United States Environmental Protection Agency or American Society of
51.6Testing Materials standard method of analysis of alcohol content in motor fuels.
51.7(c) No motor fuel shall be deemed to be a defective product by virtue of the fact
51.8that the motor fuel is formulated or blended pursuant to the requirements of paragraph
51.9(a) under any theory of liability except for simple or willful negligence or fraud. This
51.10paragraph does not preclude an action for negligent, fraudulent, or willful acts. This
51.11paragraph does not affect a person whose liability arises under chapter 115, water pollution
51.12control; 115A, waste management; 115B, environmental response and liability; 115C,
51.13leaking underground storage tanks; or 299J, pipeline safety; under public nuisance law
51.14for damage to the environment or the public health; under any other environmental or
51.15public health law; or under any environmental or public health ordinance or program of a
51.16municipality as defined in section 466.01.
51.17(d) This subdivision expires on December 31, 2010, if by that date:
51.18(1) the commissioner of agriculture certifies and publishes the certification in
51.19the State Register that at least 20 percent of the volume of gasoline sold in the state
51.20is denatured ethanol; or
51.21(2) federal approval has not been granted for the use of E20 as gasoline. The United
51.22States Environmental Protection Agency's failure to act on an application shall not be
51.23deemed approval of the use of E20, or a waiver under section 211(f)(4) of the Clean Air
51.24Act, United States Code, title 42, section 7545, subsection (f), paragraph (4).

51.25    Sec. 87. Minnesota Statutes 2008, section 343.11, is amended to read:
51.26343.11 ACQUISITION OF PROPERTY, APPROPRIATIONS.
51.27Every county and district society for the prevention of cruelty to animals may
51.28acquire, by purchase, gift, grant, or devise, and hold, use, or convey, real estate and
51.29personal property, and lease, mortgage, sell, or use the same in any manner conducive to
51.30its interest, to the same extent as natural persons. The county board of any county, or the
51.31council of any city, in which such societies exist, may, in its discretion, appropriate for the
51.32maintenance and support of such societies in the transaction of the work for which they are
51.33organized, any sums of money not otherwise appropriated~~, not to exceed in any one year~~
51.34~~the sum of $4,800 or the sum of $1 per capita based upon the county's or city's population~~
52.1~~as of the most recent federal census, whichever is greater~~; provided, that no part of the
52.2appropriation shall be expended for the payment of the salary of any officer of the society.

52.3    Sec. 88. Minnesota Statutes 2008, section 583.215, is amended to read:
52.4583.215 EXPIRATION.
52.5~~(a)~~ Sections 336.9-601, subsections (h) and (i); 550.365; 559.209; 582.039; and
52.6583.20 to 583.32, expire June 30, ~~2009~~ 2013.
52.7~~(b) Laws 1986, chapter 398, article 1, section 18, as amended, is repealed.~~
52.8EFFECTIVE DATE.This section is effective the day following final enactment.

52.9    Sec. 89. HUMAN RESOURCES.
52.10For fiscal years 2010 and 2011, the Department of Agriculture, Board of Animal
52.11Health, and Agricultural Utilization Research Institute may not use funds appropriated in
52.12sections 1 through 5 or statutorily appropriated from the agricultural fund to directly or
52.13indirectly pay for the services of staff in the Office of the Governor.

52.14    Sec. 90. BOVINE TUBERCULOSIS CONTROL ASSESSMENT; TEMPORARY
52.15ASSESSMENT; APPROPRIATION.
52.16(a) From January 1, 2009, to December 31, 2009, a person who purchases cattle that
52.17were raised or fed within this state shall collect a bovine tuberculosis control assessment of
52.18$1 per head from the seller and shall submit all assessments collected to the commissioner
52.19of agriculture at least once every 30 days. If cattle that were raised or fed within this state
52.20are sold outside of the state and the assessment is not collected by the purchaser, the
52.21seller is responsible for submitting the assessment to the commissioner. For the purposes
52.22of this section, "a person who purchases cattle that were raised or fed within this state"
52.23includes the first purchaser, as defined in Minnesota Statutes, section 17.53, subdivision 8,
52.24paragraph (a), and any subsequent purchaser of the living animal.
52.25(b) Money collected under this section shall be deposited in an account in the special
52.26revenue fund and is appropriated to the Board of Animal Health for bovine tuberculosis
52.27control activities.
52.28(c) Notwithstanding paragraph (a), a person may not collect a bovine tuberculosis
52.29control assessment from a person whose cattle operation is located within a modified
52.30accredited zone established under Minnesota Statutes, section 35.244, unless the cattle
52.31owner voluntarily pays the assessment. The commissioner of agriculture shall publish and
52.32make available a list of cattle producers exempt under this paragraph.
52.33(d) This section may be enforced under Minnesota Statutes, section 17.982 to 17.984.
53.1EFFECTIVE DATE.This section is effective the day following final enactment
53.2and applies retroactively to cattle purchased on January 1, 2009, and thereafter.

53.3    Sec. 91. BIOFUEL STUDY AND REPORT.
53.4The commissioner of agriculture must study the economic and technological
53.5feasibility of producing ethanol from whey. No later than May 1, 2010, the commissioner
53.6of agriculture must report findings to the legislative committees with jurisdiction over
53.7agricultural policy and finance.

53.8    Sec. 92. GREEN JOBS FOOD PRODUCTION STUDY AND REPORT.
53.9The Board of the Agricultural Utilization Research Institute must prepare a detailed
53.10study of this state's food production sector in coordination with the Minnesota State
53.11Colleges and Universities; urban, rural, and tribal community-based agriculture and food
53.12security organizations; members of the legislature who served on committees created by
53.13the Green Jobs Task Force; and other interested stakeholders. The study must define
53.14the size of the employment base and identify opportunities to increase the number of
53.15green jobs in each of the following sector segments: organics, local, conventional,
53.16natural, traditional, and urban farming. No later than January 15, 2010, the Board of
53.17the Agricultural Utilization Research Institute must report its findings to the legislative
53.18committees with jurisdiction over employment and economic development policy or
53.19finance or agriculture finance.

53.20    Sec. 93. PILOT FOOD PROJECTS.
53.21The commissioner of agriculture must solicit proposals and fund farm-to-school
53.22or farm-to-home pilot projects that encourage healthy eating for children, foster
53.23farm-to-consumer connections, and strengthen local economies. The commissioner must
53.24develop selection criteria in consultation with the chairs of the legislative committees with
53.25jurisdiction over agricultural finance and a representative of the University of Minnesota's
53.26farm-to-school project. The commissioner must select one project from each of the
53.27following areas of the state: a rural area, a tribal area, an urban core area, and a suburban
53.28area. No later than January 15, 2010, the commissioner must provide a program report
53.29and recommendations to the legislative committees with jurisdiction over agriculture
53.30policy or finance.

53.31    Sec. 94. FEDERAL STIMULUS FUNDING.
53.32The commissioner of agriculture must apply for funding available to the state
53.33through the federal American Recovery and Reinvestment Act of 2009, Public Law 111-5,
53.34for areas under the purview of the commissioner including but not limited to agriculture
54.1and rural development, bioenergy, food safety, farm-to-school and related nutrition
54.2programs, and the development of local and regional food systems.

54.3    Sec. 95. REPORT ON MINNESOTA PROCESSED FOODS LABELING.
54.4(a) The commissioner of agriculture must consult with Minnesota food processors
54.5and retailers regarding the development of labeling that identifies food products processed
54.6in this state. The commissioner must consult with interested parties including, but not
54.7limited to, the following organizations:
54.8(1) at least four food processor industry representatives who represent different
54.9business sizes and product categories;
54.10(2) at least two food retailers of which at least one must have retail store locations
54.11located outside of the Twin Cities metropolitan area;
54.12(3) two representatives of the Department of Agriculture, one who works with the
54.13Minnesota grown program and one who works with the processed foods program;
54.14(4) one representative of the Agricultural Utilization Research Institute; and
54.15(5) two representatives of statewide agricultural producer groups.
54.16(b) No later than March 31, 2010, the commissioner must report findings and
54.17recommendations to the legislative committees with jurisdiction over agricultural policy
54.18and finance. The report should include an assessment of the level of food processor interest
54.19in developing a trademarked logo or labeling statement as well as recommendations
54.20regarding program funding options, product eligibility criteria, and coordination with
54.21existing labeling and promotion programs and resources.

54.22    Sec. 96. FERAL SWINE REPORT.
54.23The commissioner of natural resources, in coordination with the commissioner of
54.24agriculture and the executive director of the Board of Animal Health, must develop a
54.25report and recommend any necessary changes to state policies, authorities and penalties
54.26related to feral swine and other nonnative or domestic animals released, that have
54.27escaped, or that are otherwise running at large. The agencies must consult with interested
54.28stakeholders. No later than January 15, 2010, the commissioner of natural resources must
54.29submit the report to the legislative committees with jurisdiction over natural resources
54.30or agriculture policy or finance.

54.31    Sec. 97. RURAL FINANCE AUTHORITY.
54.32    Subdivision 1. Appropriation. $35,000,000 is appropriated from the bond proceeds
54.33fund to the commissioner of agriculture, as chair of the Board of the Rural Finance
54.34Authority, to purchase participation interests in or to make direct agricultural loans
55.1to farmers under Minnesota Statutes, chapter 41B, as authorized by the Minnesota
55.2Constitution, article XI, section 5, clause (h). This appropriation is for the beginning
55.3farmer program under Minnesota Statutes, section 41B.039; the loan restructuring
55.4program under Minnesota Statutes, section 41B.04; the seller-sponsored program under
55.5Minnesota Statutes, section 41B.042; the agricultural improvement loan program under
55.6Minnesota Statutes, section 41B.043; and the livestock expansion loan program under
55.7Minnesota Statutes, section 41B.045. All debt service on bond proceeds used to finance
55.8this appropriation must be repaid by the Rural Finance Authority under Minnesota
55.9Statutes, section 16A.643. Loan participations must be priced to provide full interest and
55.10principal coverage and a reserve for potential losses. Priority for loans must be given
55.11first, to basic beginning farmer loans; second, to seller-sponsored loans; and third, to
55.12agricultural improvement loans.
55.13    Subd. 2. Bond sale. To provide the money appropriated in this section from the
55.14bond proceeds fund, the commissioner of finance shall sell and issue bonds of the state in
55.15an amount up to $35,000,000 in the manner, upon the terms, and with the effect prescribed
55.16by Minnesota Statutes, sections 16A.631 to 16A.675, and by the Minnesota Constitution,
55.17article XI, sections 4 to 7.
55.18    Subd. 3. Notice. If the appropriations in this section are enacted more than once in
55.19the 2009 regular legislative session, these appropriations must be given effect only once.

55.20    Sec. 98. REPEALER.
55.21Minnesota Statutes 2008, sections 17.49, subdivision 3; 18G.12, subdivision 5;
55.2238.02, subdivisions 3 and 4; 41.51; 41.52; 41.53; 41.55; 41.56; 41.57; 41.58; 41.59; 41.60;
55.2341.61; 41.62; 41.63; and 41.65, and Minnesota Rules, part 1505.0820, are repealed.

55.24ARTICLE 2

55.25VETERANS AFFAIRS

55.26

Section 1. VETERANS AFFAIRS.

55.27The sums shown in the columns marked "Appropriations" are appropriated to the
55.28agencies and for the purposes specified in this article. The appropriations are from the
55.29general fund and are available for the fiscal years indicated for each purpose. The figures
55.30"2010" and "2011" used in this article mean that the appropriations listed under them are
55.31available for the fiscal year ending June 30, 2010, or June 30, 2011, respectively. "The
55.32first year" is fiscal year 2010. "The second year" is fiscal year 2011. "The biennium" is
55.33fiscal years 2010 and 2011.

`56.1`	APPROPRIATIONS
`56.2`	Available for the Year
`56.3`	Ending June 30
`56.4`		2010	2011

56.5

Sec. 2. VETERANS AFFAIRS.

56.6

Subdivision 1.Total Appropriation

58,527,000

57,592,000

56.7

Subd. 2.Veterans Services

15,716,000

56.8Of this amount, $300,000 in fiscal year 2010
56.9and $300,000 in fiscal year 2011 are to be
56.10used to continue working on the merger of
56.11the Department of Veterans Affairs computer
56.12system and the former Veterans Homes
56.13Board computer system.
56.14Minnesota GI Bill. $2,000,000 each year
56.15is for the Minnesota GI Bill Program in
56.16Minnesota Statutes, section 197.791.
56.17Veterans Service Organization Grants.
56.18$100,000 each year is for grants to the
56.19following congressionally chartered veterans
56.20service organizations, as designated by the
56.21commissioner: Disabled American Veterans,
56.22Military Order of the Purple Heart, the
56.23American Legion, Veterans of Foreign Wars,
56.24and Vietnam Veterans of America. This
56.25funding must be allocated in direct proportion
56.26to the funding currently being provided by
56.27the commissioner to these organizations.

56.28

Subd. 3.Veterans Homes

42,811,000

41,876,000

56.29Veterans Homes Special Revenue Account.
56.30The general fund appropriations made to
56.31the department may be transferred to a
56.32veterans homes special revenue account in
56.33the special revenue fund in the same manner
56.34as other receipts are deposited according
57.1to Minnesota Statutes, section 198.34, and
57.2are appropriated to the department for the
57.3operation of veterans homes facilities and
57.4programs.
57.5Repair and Betterment. Of this
57.6appropriation, $1,435,000 in fiscal year
57.72010 and $500,000 in fiscal year 2011
57.8are to be used for repair, maintenance,
57.9rehabilitation, and betterment activities at
57.10facilities statewide.
57.11Hastings Veterans Home. $220,000 each
57.12year is for increases in the mental health
57.13program at the Hastings Veterans Home.

57.14    Sec. 3. Minnesota Statutes 2008, section 43A.11, subdivision 7, is amended to read:
57.15    Subd. 7. Ranking of veterans. Applicants who meet the minimum qualifications
57.16for a vacant position and claim disabled veteran's preference shall be listed in the applicant
57.17pool ahead of all other applicants. Applicants who meet the minimum qualifications for a
57.18vacant position and claim nondisabled veteran's preference shall be listed in the applicant
57.19pool after those claiming disabled veteran's preference and ahead of nonveterans. Each
57.20recently separated veteran who meets minimum qualifications for a vacant position and
57.21has claimed a veterans or disabled veterans preference must be granted an interview for
57.22the position by the hiring authority.
57.23    The term "recently separated veteran" means a veteran, as defined in section
57.24197.447, who has served in active military service, at any time on or after September
57.2511, 2001, and who has been honorably discharged from active service, as shown by the
57.26person's form DD-214.
57.27EFFECTIVE DATE.This section is effective July 1, 2009, and applies to all
57.28appointments made on or after that date.

57.29    Sec. 4. Minnesota Statutes 2008, section 171.06, subdivision 3, is amended to read:
57.30    Subd. 3. Contents of application; other information. (a) An application must:
57.31    (1) state the full name, date of birth, sex, and either (i) the residence address of the
57.32applicant, or (ii) designated address under section 5B.05;
58.1    (2) as may be required by the commissioner, contain a description of the applicant
58.2and any other facts pertaining to the applicant, the applicant's driving privileges, and the
58.3applicant's ability to operate a motor vehicle with safety;
58.4    (3) state:
58.5    (i) the applicant's Social Security number; or
58.6    (ii) if the applicant does not have a Social Security number and is applying for a
58.7Minnesota identification card, instruction permit, or class D provisional or driver's license,
58.8that the applicant certifies that the applicant does not have a Social Security number;
58.9    (4) contain a space where the applicant may indicate a desire to make an anatomical
58.10gift according to paragraph (b); ~~and~~
58.11    (5) contain a notification to the applicant of the availability of a living will/health
58.12care directive designation on the license under section 171.07, subdivision 7; and
58.13(6) contain a space where the applicant may request a veteran designation on the
58.14license under section 171.07, subdivision 15, and the driving record under section 171.12,
58.15subdivision 5a.
58.16    (b) If the applicant does not indicate a desire to make an anatomical gift when
58.17the application is made, the applicant must be offered a donor document in accordance
58.18with section 171.07, subdivision 5. The application must contain statements sufficient to
58.19comply with the requirements of the Darlene Luther Revised Uniform Anatomical Gift
58.20Act, chapter 525A, so that execution of the application or donor document will make
58.21the anatomical gift as provided in section 171.07, subdivision 5, for those indicating a
58.22desire to make an anatomical gift. The application must be accompanied by information
58.23describing Minnesota laws regarding anatomical gifts and the need for and benefits of
58.24anatomical gifts, and the legal implications of making an anatomical gift, including the
58.25law governing revocation of anatomical gifts. The commissioner shall distribute a notice
58.26that must accompany all applications for and renewals of a driver's license or Minnesota
58.27identification card. The notice must be prepared in conjunction with a Minnesota organ
58.28procurement organization that is certified by the federal Department of Health and Human
58.29Services and must include:
58.30    (1) a statement that provides a fair and reasonable description of the organ donation
58.31process, the care of the donor body after death, and the importance of informing family
58.32members of the donation decision; and
58.33    (2) a telephone number in a certified Minnesota organ procurement organization that
58.34may be called with respect to questions regarding anatomical gifts.
58.35    (c) The application must be accompanied also by information containing relevant
58.36facts relating to:
59.1    (1) the effect of alcohol on driving ability;
59.2    (2) the effect of mixing alcohol with drugs;
59.3    (3) the laws of Minnesota relating to operation of a motor vehicle while under the
59.4influence of alcohol or a controlled substance; and
59.5    (4) the levels of alcohol-related fatalities and accidents in Minnesota and of arrests
59.6for alcohol-related violations.

59.7    Sec. 5. Minnesota Statutes 2008, section 171.07, is amended by adding a subdivision
59.8to read:
59.9    Subd. 15. Veteran designation. (a) At the request of the applicant and on payment
59.10of the required fee, the department shall issue, renew, or reissue a driver's license or
59.11Minnesota identification card bearing the designation "Veteran" to an applicant who is
59.12a veteran, as defined in section 197.447.
59.13(b) At the time of the initial application for the designation provided under this
59.14subdivision, the applicant must have a certified copy of the veteran's discharge papers.
59.15(c) The commissioner of public safety is required to issue drivers' licenses and
59.16Minnesota identification cards with the veteran designation only after entering a new
59.17contract or in coordination with producing a new card design with modifications made
59.18as required by law.
59.19EFFECTIVE DATE.This section is effective August 1, 2009, and applies to
59.20drivers' licenses and Minnesota identification cards issued as stated in paragraph (c).

59.21    Sec. 6. Minnesota Statutes 2008, section 171.12, is amended by adding a subdivision
59.22to read:
59.23    Subd. 5a. Veteran designation. When an applicant for a driver's license, instruction
59.24permit, or Minnesota identification card requests a veteran designation under section
59.25171.06, subdivision 3, the commissioner shall maintain a computer record of veteran
59.26designations. The veteran designation may be removed from the computer record only
59.27upon written notice to the department. The veteran designation is classified as private data
59.28on individuals, as defined in section 13.02, subdivision 12.

59.29    Sec. 7. Minnesota Statutes 2008, section 197.455, subdivision 1, is amended to read:
59.30    Subdivision 1. Application. (a) This section shall govern preference of a veteran
59.31under the civil service laws, charter provisions, ordinances, rules or regulations of a
59.32county, city, town, school district, or other municipality or political subdivision of this
59.33state. Any provision in a law, charter, ordinance, rule or regulation contrary to the
59.34applicable provisions of this section is void to the extent of such inconsistency.
60.1(b) Sections 197.46 to 197.48 shall ~~not~~ also apply to ~~state civil service.~~ any
60.2veteran who is an incumbent in a classified appointment in the state civil service and has
60.3completed the probationary period for that position, as defined under section 43A.16. In
60.4matters of dismissal from such position, a qualified veteran has the irrevocable option
60.5of utilizing the procedures described in sections 197.46 to 197.481, or the procedures
60.6provided in the collective bargaining agreement applicable to the person, but not
60.7both. For a qualified veteran electing to use the procedures of 197.46 to 197.481, the
60.8matters governed by these sections shall not be considered grievances under a collective
60.9bargaining agreement, and if a veteran elects to appeal the dispute through these sections,
60.10the veteran shall be precluded from making an appeal under the grievance procedure of
60.11the collective bargaining agreement.
60.12EFFECTIVE DATE.This section is effective July 1, 2009, and applies to
60.13appointments to state and local government positions of employment made on or after
60.14that date.

60.15    Sec. 8. Minnesota Statutes 2008, section 197.46, is amended to read:
60.16197.46 VETERANS PREFERENCE ACT; REMOVAL FORBIDDEN; RIGHT
60.17OF MANDAMUS.
60.18Any person whose rights may be in any way prejudiced contrary to any of the
60.19provisions of this section, shall be entitled to a writ of mandamus to remedy the wrong.
60.20No person holding a position by appointment or employment in the several counties,
60.21cities, towns, school districts and all other political subdivisions in the state, who is a
60.22veteran separated from the military service under honorable conditions, shall be removed
60.23from such position or employment except for incompetency or misconduct shown after a
60.24hearing, upon due notice, upon stated charges, in writing.
60.25Any veteran who has been notified of the intent to discharge the veteran from an
60.26appointed position or employment pursuant to this section shall be notified in writing of
60.27such intent to discharge and of the veteran's right to request a hearing within 60 days of
60.28receipt of the notice of intent to discharge. The failure of a veteran to request a hearing
60.29within the provided 60-day period shall constitute a waiver of the right to a hearing. Such
60.30failure shall also waive all other available legal remedies for reinstatement.
60.31Request for a hearing concerning such a discharge shall be made in writing and
60.32submitted by mail or personal service to the employment office of the concerned employer
60.33or other appropriate office or person.
60.34In all governmental subdivisions having an established civil service board or
60.35commission, or merit system authority, such hearing for removal or discharge shall be
61.1held before such civil service board or commission or merit system authority. Where no
61.2such civil service board or commission or merit system authority exists, such hearing
61.3shall be held by a board of three persons appointed as follows: one by the governmental
61.4subdivision, one by the veteran, and the third by the two so selected. In the event the two
61.5persons so selected do not appoint the third person within ten days after the appointment
61.6of the last of the two, then the judge of the district court of the county wherein the
61.7proceeding is pending, or if there be more than one judge in said county then any judge in
61.8chambers, shall have jurisdiction to appoint, and upon application of either or both of the
61.9two so selected shall appoint, the third person to the board and the person so appointed
61.10by the judge with the two first selected shall constitute the board. The veteran may
61.11appeal from the decision of the board upon the charges to the district court by causing
61.12written notice of appeal, stating the grounds thereof, to be served upon the governmental
61.13subdivision or officer making the charges within 15 days after notice of the decision and
61.14by filing the original notice of appeal with proof of service thereof in the office of the court
61.15administrator of the district court within ten days after service thereof. Nothing in section
61.16197.455 or this section shall be construed to apply to the position of private secretary,
61.17~~teacher,~~ superintendent of schools, or one chief deputy of any elected official or head of
61.18a department, or to any person holding a strictly confidential relation to the appointing
61.19officer. The burden of establishing such relationship shall be upon the appointing officer
61.20in all proceedings and actions relating thereto.
61.21All officers, boards, commissions, and employees shall conform to, comply with,
61.22and aid in all proper ways in carrying into effect the provisions of section 197.455 and this
61.23section notwithstanding any laws, charter provisions, ordinances or rules to the contrary.
61.24Any willful violation of such sections by officers, officials, or employees is a misdemeanor.
61.25EFFECTIVE DATE.This section is effective July 1, 2009.

61.26    Sec. 9. Minnesota Statutes 2008, section 198.003, is amended by adding a subdivision
61.27to read:
61.28    Subd. 7. Use of Medicare Part D for pharmacy costs. (a) The commissioner
61.29shall maximize the use of Medicare Part D to pay pharmacy costs for eligible veterans
61.30residing at the veterans homes.
61.31(b) The commissioner shall encourage eligible veterans to participate in the
61.32Medicare Part D program and assist veterans in obtaining Part D coverage.
61.33(c) The commissioner shall take any necessary steps to prevent an eligible veteran
61.34participating in Medicare Part D from receiving fewer benefits under Medicare Part D
61.35than they would have received under their existing VA benefits.

62.1    Sec. 10. Minnesota Statutes 2008, section 198.003, is amended by adding a subdivision
62.2to read:
62.3    Subd. 7. Medicare certification. (a) The commissioner shall apply to the federal
62.4government under the following schedule for certification of the veterans homes for
62.5participation as providers in the Medicare program under title XVIII of the Social Security
62.6Act:
62.7(1) the veterans homes in Fergus Falls, Luverne, and Silver Bay by October 1,
62.82009; and
62.9(2) the veterans home in Minneapolis by July 1, 2010.
62.10(b) Upon certification of a facility, the commissioner shall seek to maximize
62.11Medicare reimbursements under Medicare part A and part B for services to eligible
62.12residents.
62.13(c) The commissioner shall take any necessary steps to prevent an eligible resident
62.14from receiving fewer benefits under Medicare than they would have received under their
62.15existing VA benefits.

62.16    Sec. 11. [198.365] VETERANS MENTAL HEALTH FACILITY; KANDIYOHI
62.17COUNTY.
62.18    Subdivision 1. Establishment. (a) The commissioner of veterans affairs shall
62.19establish a 90 bed facility in Kandiyohi County to provide residential mental health
62.20nursing services to veterans, in conformance with licensing rules of the Department of
62.21Health and funding requirements of the United States Department of Veterans Affairs.
62.22(b) Services provided by the facility must include, but not be limited to:
62.23(1) geriatric care for mentally ill veterans who have severe behavior problems;
62.24(2) inpatient treatment, including long term and domiciliary care, for veterans with
62.25traumatic brain injury;
62.26(3) inpatient treatment services, including long term and domiciliary care, for
62.27veterans with posttraumatic stress disorder;
62.28(4) inpatient treatment for veterans with a dual diagnosis of mental illness and
62.29chemical dependency;
62.30(5) long term and domiciliary care for any veteran; and
62.31(6) standard long term care.
62.32(c) To the extent practicable, the facility shall accept referrals from veterans homes
62.33in the state.
62.34    Subd. 2. Funding. (a) The facility must be purchased or built with funds, 65
62.35percent of which must be provided by the federal government, and 35 percent by other
63.1nonstate sources, including local units of government, veterans organizations, business
63.2entities, volunteer organizations, and any other nonstate sources deemed acceptable by
63.3the commissioner. Local contributions must include land for the facility and grounds,
63.4and funding sufficient to cover the full state and local contribution for the federal
63.5matching grant. The commissioner is authorized to accept pledges and funding, including
63.6contributions of land, from these local sources for this purpose.
63.7(b) The commissioner shall seek private funding to develop a public-private
63.8partnership to provide services at this facility for veterans with traumatic brain injury and
63.9with posttraumatic stress disorder, as well as for veterans who have a dual diagnosis of
63.10mental illness and chemical dependency.
63.11(c) The commissioner shall seek all sources of federal funding available for
63.12long-term and domiciliary care, and for treatment of posttraumatic stress disorder and
63.13traumatic brain injury at this facility.
63.14(d) The commissioner shall seek funding from state and federal sources to fund
63.15traumatic brain injury research at this facility.
63.16    Subd. 3. Ownership; lease-buy agreement. Upon completion of construction and
63.17commencement of operations the facility shall be owned by the County or City providing
63.18the majority of the local share funding. The commissioner of administration is authorized
63.19to enter into a 20-year lease-buy back agreement with that local government entity,
63.20following satisfaction of which all ownership shall transfer to the state.

63.21    Sec. 12. Minnesota Statutes 2008, section 626.8517, is amended to read:
63.22626.8517 ELIGIBILITY FOR RECIPROCITY EXAMINATION BASED ON
63.23RELEVANT MILITARY EXPERIENCE.
63.24(a) For purposes of this section, "relevant military experience" means ~~five years of~~
63.25~~active duty military police service.~~:
63.26(1) five years' active service experience in a military law enforcement occupational
63.27specialty;
63.28(2) three years' active service experience in a military law enforcement occupational
63.29specialty, and completion of a two-year or more degree from a regionally accredited
63.30postsecondary education institution; or
63.31(3) five years' cumulative experience as a full-time peace officer in another state
63.32combined with active service experience in a military law enforcement occupational
63.33specialty.
63.34(b) A person who has relevant military experience under paragraph (a) and who
63.35has been honorably discharged from ~~the~~ military active service as evidenced by a form
64.1DD-214 is eligible to take the reciprocity examination. "Active service" has the meaning
64.2given in section 190.05, subdivision 5.

64.3    Sec. 13. Laws 2008, chapter 297, article 2, section 26, subdivision 3, is amended to
64.4read:
64.5    Subd. 3. Administrative provisions. (a) The commissioner of veterans affairs, or
64.6the commissioner's designee, must convene the initial meeting of the working group.
64.7Upon request of the working group, the commissioner must provide meeting space and
64.8administrative services for the group. The members of the working group must elect a
64.9chair or co-chairs from the legislative members of the working group at the initial meeting.
64.10Each subsequent meeting is at the call of the chair or co-chairs.
64.11    (b) Public members of the working group serve without special compensation or
64.12special payment of expenses from the working group.
64.13    (c) The working group expires on June 30, ~~2009~~ 2010, unless an extension is
64.14authorized by law by that date.

64.15    Sec. 14. DATE OPERATIONAL.
64.16To the extent practicable, the commissioner of veterans affairs shall design,
64.17construct, furnish and equip the veterans mental health facility authorized in section 11
64.18for commencement of operations on July 1, 2013. No state general fund monies may be
64.19expended for operational costs for this facility without further legislative authorization,
64.20and in no event, prior to that date.

64.21    Sec. 15. REPORTING REQUIRED.
64.22(a) The commissioner of administration must collect the following data annually
64.23from each cabinet level state agency, with the exception of the Metropolitan Council,
64.24and must report those data, by agency, by the second week of each legislative session,
64.25beginning in 2011, to the chairs and leading minority members of each of the house of
64.26representatives and senate committees having responsibility for veterans policy and
64.27finance issues:
64.28(1) the total number of persons employed in full-time positions of employment
64.29by the state agency;
64.30(2) the total number of employees identified in clause (1) who are veterans;
64.31(3) the total number of vacant full-time positions in the agency filled by hiring or
64.32appointment during the designated fiscal year;
64.33(4) the total number of applications received for the positions identified in clause (3);
65.1(5) the total number of applications identified in clause (4) for which veterans
65.2preference was elected by the applicant;
65.3(6) the total number of applications identified in clause (5) for which the veteran
65.4applicant was judged by the hiring authority as meeting minimum requirements for the
65.5open positions of employment;
65.6(7) the total number of veteran applicants identified in clause (6) who were
65.7interviewed by the hiring authority for the open positions of employment in the agency;
65.8(8) the total number of veteran applicants identified in clause (7) who were selected
65.9for and offered employment within the open positions of employment within the agency;
65.10(9) the total number of veteran applicants identified in clause (8) who were hired
65.11into the open positions of employment within the agency;
65.12(10) the total number of veteran applicants identified in clause (6) who were sent a
65.13rejection letter, in accordance with section 43A.11, subdivision 9; and
65.14(11) any other data or information deemed important by the commissioner of
65.15administration and reflecting on the efforts of the subject agency to recruit and hire
65.16veterans.
65.17(b) The data must reflect one full fiscal year or one full calendar year, as determined
65.18by the commissioner of finance.
65.19The term "veteran" has the meaning given in section 197.447.
65.20EFFECTIVE DATE.This section is effective July 1, 2009.

65.21    Sec. 16. ALLIED FORCES; ESTIMATE OF ELIGIBILITY.
65.22By January 15, 2010, the commissioner of veterans affairs shall contact the United
65.23States Department of Defense, the United States Department of Veterans Affairs, and
65.24other relevant federal agencies as may be necessary to determine the number and identities
65.25of Minnesota residents who, as former residents of Vietnam or Laos, significantly aided
65.26or assisted the United States armed forces during the period of the Vietnam War, and to
65.27the extent possible and in observance of federal and state privacy laws and best practices,
65.28shall locate an official federal list of such persons. The purpose of this directive is to
65.29provide information helpful to the Minnesota Legislature in weighing the feasibility of
65.30extending state veterans benefits to Minnesota residents who have served as allied soldiers
65.31during the Vietnam War.

65.32    Sec. 17. INTERAGENCY STAFF.
65.33For fiscal years 2010 and 2011, the Department of veterans affairs of may not use
65.34funds appropriated in this article directly or indirectly to pay for the services of staff
65.35in the Office of the Governor."
66.1Amend the title accordingly