1.1.................... moves to amend H.F. No. 1039 as follows:
1.2Delete everything after the enacting clause and insert:

1.3	"Section 1. SUMMARY OF APPROPRIATIONS.

1.4The amounts shown in this section summarize direct appropriations, by fund, made
1.5in this article.

1.6			2012		2013		Total
1.7	General	$	43,067,000	$	33,534,000	$	76,601,000
1.8	Agricultural	$	800,000	$	800,000	$	1,600,000
1.9	Remediation	$	388,000	$	388,000	$	776,000
1.10	Total	$	44,255,000	$	34,722,000	$	78,977,000

1.11	Sec. 2. AGRICULTURE APPROPRIATIONS.

1.12The sums shown in the columns marked "Appropriations" are appropriated to the
1.13agencies and for the purposes specified in this act. The appropriations are from the general
1.14fund, or another named fund, and are available for the fiscal years indicated for each
1.15purpose. The figures "2012" and "2013" used in this act mean that the appropriations
1.16listed under them are available for the fiscal year ending June 30, 2012, or June 30, 2013,
1.17respectively. "The first year" is fiscal year 2012. "The second year" is fiscal year 2013.
1.18"The biennium" is fiscal years 2012 and 2013.

1.19				APPROPRIATIONS
1.20				Available for the Year
1.21				Ending June 30
1.22					2012		2013

1.23

Sec. 3. DEPARTMENT OF AGRICULTURE

1.24

Subdivision 1.Total Appropriation

$

37,048,000

$

27,515,000

2.1	Appropriations by Fund
2.2		2012	2013
2.3	General	35,860,000	26,327,000
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

12,193,000

12,193,000

2.10	Appropriations by Fund
2.11	General	11,805,000	11,805,000
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$245,000 the first year and $245,000 the
3.2second year are for an increase in retail
3.3food handler inspections. This is a onetime
3.4appropriation. No later than February 1,
3.52013, the commissioner shall report to the
3.6chairs and ranking minority members of
3.7the house of representatives and senate
3.8agriculture finance committees regarding the
3.9commissioner's progress in addressing the
3.10department's perceived shortfall of necessary
3.11inspections.

3.12 3.13

Subd. 3.Agricultural Marketing and Development

3,532,000

3,532,000

3.14$186,000 the first year and $186,000 the
3.15second year are for transfer to the Minnesota
3.16grown account and may be used as grants
3.17for Minnesota grown promotion under
3.18Minnesota Statutes, section 17.102. Grants
3.19may be made for one year. Notwithstanding
3.20Minnesota Statutes, section 16A.28, the
3.21appropriations encumbered under contract on
3.22or before June 30, 2013, for Minnesota grown
3.23grants in this paragraph are available until
3.24June 30, 2015. $50,000 of the appropriation
3.25in each year is for efforts to promote
3.26Minnesota grown products in retail food
3.27establishments including but not limited to
3.28restaurants, grocery stores, and convenience
3.29stores.
3.30Up to $100,000 each year may be used
3.31for grants to farmers for demonstration
3.32projects involving sustainable agriculture as
3.33authorized in Minnesota Statutes, section
3.3417.116. Of the amount for grants, up to
3.35$20,000 may be used for dissemination
3.36of information about the demonstration
4.1projects. Notwithstanding Minnesota
4.2Statutes, section 16A.28, the appropriations
4.3encumbered under contract on or before June
4.430, 2013, for sustainable agriculture grants
4.5in this paragraph are available until June 30,
4.62015.
4.7$100,000 the first year and $100,000 the
4.8second year are to provide training and
4.9technical assistance to county and town
4.10officials relating to livestock siting issues
4.11and local zoning and land use planning,
4.12including maintenance of the checklist
4.13template clarifying the federal, state,
4.14and local government requirements for
4.15consideration of an animal agriculture
4.16modernization or expansion project. For the
4.17training and technical assistance program,
4.18the commissioner shall continue to seek
4.19guidance, advice, and support of livestock
4.20producer organizations, general agricultural
4.21organizations, local government associations,
4.22academic institutions, other government
4.23agencies, and others with expertise in land
4.24use and agriculture.
4.25$10,000 the first year and $10,000 the
4.26second year are for annual cost-share
4.27payments to resident farmers or persons
4.28who sell, process, or package agricultural
4.29products in this state for the costs of organic
4.30certification. Annual cost-share payments
4.31per farmer must be two-thirds of the cost
4.32of the certification or $350, whichever is
4.33less. In any year that a resident farmer or
4.34person who sells, processes, or packages
4.35agricultural products in this state receives
4.36a federal organic certification cost-share
5.1payment, that resident farmer or person is
5.2not eligible for state cost-share payments. A
5.3certified farmer is eligible to receive annual
5.4certification cost-share payments for up to
5.5five years. The commissioner may allocate
5.6any excess appropriation in either fiscal year
5.7for organic market and program development
5.8including organic producer education efforts,
5.9assistance for persons transitioning from
5.10conventional to organic agriculture, or
5.11sustainable agriculture demonstration grants
5.12authorized under Minnesota Statutes, section
5.1317.116, and pertaining to organic research or
5.14demonstration. Any unencumbered balance
5.15does not cancel at the end of the first year
5.16and is available for the second year.

5.17 5.18

Subd. 4.Bioenergy and Value-Added Agriculture

$15,014,000

5,480,000

5.19$15,014,000 the first year is for final
5.20ethanol producer deficiency payments under
5.21Minnesota Statutes, section 41A.09. If the
5.22appropriation in either year exceeds the
5.23total amount for which all producers are
5.24eligible, the balance in the appropriation
5.25is available for the agricultural growth,
5.26research, and innovation program under
5.27Minnesota Statutes section 41A.12.

5.28 5.29

Subd. 5.Administration and Financial Assistance

$6,309,000

$6,310,000

5.30	Appropriations by Fund
5.31	General	5,509,000	5,510,000
5.32	Agricultural	800,000	800,000

5.33$571,000 the first year and $571,000 the
5.34second year are for continuation of the dairy
5.35development and profitability enhancement
5.36and dairy business planning grant programs
6.1established under Laws 1997, chapter
6.2216, section 7, subdivision 2, and Laws
6.32001, First Special Session chapter 2,
6.4section 9, subdivision 2. The commissioner
6.5may allocate the available sums among
6.6permissible activities, including efforts to
6.7improve the quality of milk produced in the
6.8state in the proportions that the commissioner
6.9deems most beneficial to Minnesota's
6.10dairy farmers. The commissioner must
6.11submit a work plan detailing plans for
6.12expenditures under this program to the chairs
6.13of the legislative committees dealing with
6.14agricultural policy and budget on or before
6.15the start of each fiscal year. If significant
6.16changes are made to the plans in the course
6.17of the year, the commissioner must notify the
6.18chairs.
6.19$42,000 the first year and $42,000 the
6.20second year are for the Northern Crops
6.21Institute. These appropriations may be spent
6.22to purchase equipment.
6.23$18,000 the first year and $18,000 the
6.24second year are for a grant to the Minnesota
6.25Livestock Breeders Association.
6.26$235,000 the first year and $235,000 the
6.27second year are for grants to the Minnesota
6.28Agricultural Education and Leadership
6.29Council for programs of the council under
6.30Minnesota Statutes, chapter 41D.
6.31$474,000 the first year and $474,000 the
6.32second year are for payments to county and
6.33district agricultural societies and associations
6.34under Minnesota Statutes, section 38.02,
6.35subdivision 1. Aid payments to county and
7.1district agricultural societies and associations
7.2shall be disbursed no later than July 15 of
7.3each year. These payments are the amount of
7.4aid from the state for an annual fair held in
7.5the previous calendar year.
7.6$1,000 the first year and $1,000 the second
7.7year are for grants to the Minnesota State
7.8Poultry Association.
7.9$97,000 the first year and $97,000 the
7.10second year are for annual grants to the
7.11Minnesota Turf Seed Council for basic
7.12and applied research on: (1) the improved
7.13production of forage and turf seed related to
7.14new and improved varieties; and (2) native
7.15plants, including plant breeding, nutrient
7.16management, pest management, disease
7.17management, yield, and viability. The grant
7.18recipient may subcontract with a qualified
7.19third party for some or all of the basic
7.20or applied research. The grant recipient
7.21must actively participate in the Agricultural
7.22Utilization Research Institute's Renewable
7.23Energy Roundtable.
7.24$450,000 the first year and $450,000 the
7.25second year are for grants to Second Harvest
7.26Heartland on behalf of Minnesota's six
7.27Second Harvest food banks for the purchase
7.28of milk for distribution to Minnesota's food
7.29shelves and other charitable organizations
7.30that are eligible to receive food from the food
7.31banks. Milk purchased under the grants must
7.32be acquired from Minnesota milk processors
7.33and based on low-cost bids. The milk must be
7.34allocated to each Second Harvest food bank
7.35serving Minnesota according to the formula
8.1used in the distribution of United States
8.2Department of Agriculture commodities
8.3under The Emergency Food Assistance
8.4Program (TEFAP). Second Harvest
8.5Heartland must submit quarterly reports
8.6to the commissioner on forms prescribed
8.7by the commissioner. The reports must
8.8include, but are not limited to, information
8.9on the expenditure of funds, the amount
8.10of milk purchased, and the organizations
8.11to which the milk was distributed. Second
8.12Harvest Heartland may enter into contracts
8.13or agreements with food banks for shared
8.14funding or reimbursement of the direct
8.15purchase of milk. Each food bank receiving
8.16money from this appropriation may use up to
8.17two percent of the grant for administrative
8.18expenses.
8.19$94,000 the first year and $94,000 the
8.20second year are for transfer to the Board of
8.21Trustees of the Minnesota State Colleges and
8.22Universities for mental health counseling
8.23support to farm families and business
8.24operators through farm business management
8.25programs at Central Lakes College and
8.26Ridgewater College.
8.27$15,000 the first year and $15,000 the
8.28second year are for grants to the Minnesota
8.29Horticultural Society.
8.30Notwithstanding Minnesota Statutes,
8.31section 18C.131, $800,000 the first year
8.32and $800,000 the second year are from the
8.33fertilizer account in the agricultural fund
8.34for grants for fertilizer research as awarded
8.35by the Minnesota Agricultural Fertilizer
9.1Research and Education Council under
9.2Minnesota Statutes, section 18C.71. The
9.3amount appropriated in either fiscal year
9.4must not exceed 57 percent of the inspection
9.5fee revenue collected under Minnesota
9.6Statutes, section 18C.425, subdivision 6,
9.7during the previous fiscal year. No later
9.8than February 1, 2013, the commissioner
9.9shall report to the legislative committees
9.10with jurisdiction over agriculture finance.
9.11The report must include the progress and
9.12outcome of funded projects as well as the
9.13sentiment of the council concerning the need
9.14for additional research funds.

9.15

Sec. 4. BOARD OF ANIMAL HEALTH

$

4,841,000

$

4,841,000

9.16 9.17

Sec. 5. AGRICULTURAL UTILIZATION RESEARCH INSTITUTE

$

2,366,000

$

2,366,000

9.18Money in this appropriation is available for
9.19technical assistance and technology transfer
9.20to bioenergy crop producers and users.

9.21    Sec. 6. Minnesota Statutes 2010, section 18C.005, is amended by adding a subdivision
9.22to read:
9.23    Subd. 1b. Ammonia and anhydrous ammonia. "Ammonia" and "anhydrous
9.24ammonia" are used interchangeably and mean a compound formed by the chemical
9.25combinations of the elements nitrogen and hydrogen in the molar proportion of one
9.26part nitrogen to three parts hydrogen. This relationship is shown by the chemical
9.27formula, NH3. On a weight basis, the ratio is 14 parts nitrogen to three parts hydrogen
9.28or approximately 82 percent nitrogen to 18 percent hydrogen. Ammonia may exist in
9.29either a gaseous or a liquid state. Ammonia or anhydrous ammonia does not include
9.30aqua ammonia or ammonium hydroxide, which are solutions of ammonia in water and
9.31are sometimes called "ammonia."

9.32    Sec. 7. Minnesota Statutes 2010, section 18C.111, is amended by adding a subdivision
9.33to read:
10.1    Subd. 4. Certification of regulatory compliance. (a) The commissioner may,
10.2under rules adopted under section 18C.121, subdivision 1, certify a person to offer or
10.3perform a regulatory compliance inspection of any person or site that stores, handles, or
10.4distributes ammonia or anhydrous ammonia fertilizer.
10.5(b) Pursuant to that rule, a person certified under paragraph (a) may issue a
10.6certification of compliance to an inspected person or site if the certified person documents
10.7in writing full compliance with the provisions of chapter 18C and rules adopted under
10.8that chapter.
10.9(c) A person or site issued a certification of compliance must provide a copy of the
10.10certification to the commissioner immediately upon request or within 90 days following
10.11certification.
10.12(d) Certifications of compliance are valid for a period of three years. The
10.13commissioner may determine a different time period in the interest of public safety or for
10.14other reasonable cause.

10.15    Sec. 8. Minnesota Statutes 2010, section 18D.201, subdivision 5, is amended to read:
10.16    Subd. 5. Violator liable for inspection costs. (a) The cost of reinspection and
10.17reinvestigation may be assessed by the commissioner if the person subject to the corrective
10.18action order or remedial action order does not comply with the order in a reasonable time
10.19as provided in the order.
10.20(b) A $400 reinspection fee may be assessed by the commissioner for a person or
10.21site that stores, handles, or distributes ammonia or anhydrous ammonia fertilizer if the
10.22commissioner determines that the person or site had serious violations of chapter 18C or
10.23rules adopted thereunder upon initial inspection.
10.24(b) (c) The commissioner may enter an order for recovery of the inspection and
10.25investigation costs.

10.26    Sec. 9. Minnesota Statutes 2010, section 18D.201, is amended by adding a subdivision
10.27to read:
10.28    Subd. 7. Compliance and inspection frequency. (a) The commissioner may
10.29implement policies and procedures that provide for a decrease in the frequency of
10.30regulatory inspection for a person or site issued a certification of compliance pursuant to
10.31section 18C.111, subdivision 4.
10.32(b) The commissioner must consider the compliance history, enforcement record,
10.33and other public safety or environmental risk factors in determining the eligibility of a
10.34person or site for the reduced frequency of inspection described in paragraph (a). If the
11.1commissioner determines that a person or site is ineligible, the commissioner must notify
11.2the person or site of that ineligibility and the reasons for that determination.
11.3(c) The compliance findings of the commissioner's inspection of a person or site that
11.4stores, handles, or distributes ammonia and anhydrous ammonia fertilizer may be used
11.5as a basis for decreased frequency of regulatory inspection, as described in paragraphs
11.6(a) and (b).

11.7    Sec. 10. Minnesota Statutes 2010, section 18E.03, subdivision 4, is amended to read:
11.8    Subd. 4. Fee. (a) The response and reimbursement fee consists of the surcharges and
11.9any adjustments made by the commissioner in this subdivision and shall be collected by
11.10the commissioner. The amount of the response and reimbursement fee shall be determined
11.11and imposed annually by the commissioner as required to satisfy the requirements in
11.12subdivision 3. The commissioner shall adjust the amount of the surcharges imposed in
11.13proportion to the amount of the surcharges listed in this subdivision. License application
11.14categories under paragraph (d) must be charged in proportion to the amount of surcharges
11.15imposed up to a maximum of 50 percent of the license fees set under chapters 18B and
11.1618C.
11.17    (b) The commissioner shall impose a surcharge on pesticides registered under
11.18chapter 18B to be collected as a surcharge on the gross sales under section 18B.26,
11.19subdivision 3 , that is equal to 0.1 percent of sales of the pesticide in the state and sales
11.20of pesticides for use in the state during the previous calendar year, except the surcharge
11.21may not be imposed on pesticides that are sanitizers or disinfectants as determined by the
11.22commissioner. No surcharge is required if the surcharge amount based on percent of
11.23annual gross sales of a nonagricultural pesticide is less than $10. Sales of pesticides in
11.24the state for use outside of the state are exempt from the surcharge in this paragraph if
11.25the registrant, agricultural pesticide dealer, or pesticide dealer properly documents the
11.26sale location and the distributors.
11.27    (c) The commissioner shall impose a ten cents per ton surcharge on the inspection
11.28fee under section 18C.425, subdivision 6, for fertilizers, soil amendments, and plant
11.29amendments.
11.30    (d) The commissioner shall impose a surcharge on the license application of persons
11.31licensed under chapters 18B and 18C consisting of:
11.32    (1) a $75 surcharge for each site where pesticides are stored or distributed, to
11.33be imposed as a surcharge on pesticide dealer application fees under section 18B.31,
11.34subdivision 5 , and the agricultural pesticide dealer application fee under section 18B.316,
11.35subdivision 10 ;
12.1    (2) a $75 surcharge for each site where a fertilizer, plant amendment, or soil
12.2amendment is distributed, to be imposed on persons licensed under sections 18C.415
12.3and 18C.425;
12.4    (3) a $50 surcharge to be imposed on a structural pest control applicator license
12.5application under section 18B.32, subdivision 6, for business license applications only;
12.6    (4) a $20 surcharge to be imposed on commercial applicator license application fees
12.7under section 18B.33, subdivision 7; and
12.8    (5) a $20 surcharge to be imposed on noncommercial applicator license application
12.9fees under section 18B.34, subdivision 5, except a surcharge may not be imposed on a
12.10noncommercial applicator that is a state agency, political subdivision of the state, the
12.11federal government, or an agency of the federal government.
12.12    (e) A $1,000 fee shall be imposed on each site where pesticides are stored and sold
12.13for use outside of the state unless:
12.14    (1) the distributor properly documents that it has less than $2,000,000 per year in
12.15wholesale value of pesticides stored and transferred through the site; or
12.16    (2) the registrant pays the surcharge under paragraph (b) and the registration fee
12.17under section 18B.26, subdivision 3, for all of the pesticides stored at the site and sold for
12.18use outside of the state.
12.19    (f) Paragraphs (c) to (e) apply to sales, licenses issued, applications received for
12.20licenses, and inspection fees imposed on or after July 1, 1990.

12.21    Sec. 11. Minnesota Statutes 2010, section 27.041, is amended by adding a subdivision
12.22to read:
12.23    Subd. 3. Account; appropriation. A wholesale produce dealers account is created
12.24in the agricultural fund. All fees, charges and penalties collected under sections 27.01 to
12.2527.069 and 27.11 to 27.19, including interest attributable to that money, shall be deposited
12.26in the wholesale produce dealers account. Money in the account is appropriated to the
12.27commissioner for the purposes of sections 27.01 to 27.069 and sections 27.11 to 27.19.

12.28    Sec. 12. Minnesota Statutes 2010, section 38.01, is amended to read:
12.2938.01 COUNTY AGRICULTURAL SOCIETIES; FORMATION, POWERS.
12.30(a) An agricultural society or association may be incorporated by citizens of any
12.31county, or two or more counties jointly, but only one agricultural society shall be organized
12.32in any county. An agricultural society may sue and be sued in its corporate name; may
12.33adopt bylaws, rules, and regulations, alter and amend the same; may purchase and hold,
12.34lease and control any real or personal property deemed to promote the objects of the
13.1society, and may rent, lease, sell, exchange, and convey the same. Any income from
13.2the rental or lease of the property may be used for any or all of the following purposes:
13.3(1) Acquisition of additional real property; (2) Construction of additional buildings; or
13.4(3) Maintenance and care of the society's property. This section shall not be construed
13.5to preclude the continuance of any agricultural society now existing or the granting of
13.6aid to the society.
13.7(b) An agricultural society shall have jurisdiction and control of the grounds upon
13.8which its fairs are held and of the streets and adjacent grounds during the fair, so far
13.9as may be necessary for fair purposes, and are exempt from local zoning ordinances
13.10throughout the year as provided in section 38.16.
13.11(c) The society may contract with the sheriff, local municipality, or security guard as
13.12defined in section 626.88 to provide the society with police service. A person providing
13.13police service pursuant to a contract is not, by reason of the contract, classified as an
13.14employee of the agricultural society for any purpose other than the discharge of powers
13.15and duties under the contract.
13.16(d) Any person who shall willfully violate any rule or regulation made by agricultural
13.17societies during the days of a fair shall be guilty of a misdemeanor.
13.18The provisions of this section supersede all special laws on the same subject.

13.19    Sec. 13. Minnesota Statutes 2010, section 41A.12, subdivision 3, is amended to read:
13.20    Subd. 3. Oversight. The commissioner, in consultation with the chairs and ranking
13.21minority members of the house of representatives and senate committees with jurisdiction
13.22over agriculture finance, must allocate available funds among eligible uses as specified by
13.23the legislature, develop competitive eligibility criteria, and award funds on a needs basis.

13.24    Sec. 14. Minnesota Statutes 2010, section 373.01, subdivision 1, is amended to read:
13.25    Subdivision 1. Public corporation; listed powers. (a) Each county is a body politic
13.26and corporate and may:
13.27    (1) Sue and be sued.
13.28    (2) Acquire and hold real and personal property for the use of the county, and lands
13.29sold for taxes as provided by law.
13.30    (3) Purchase and hold for the benefit of the county real estate sold by virtue of
13.31judicial proceedings, to which the county is a party.
13.32    (4) Sell, lease, and convey real or personal estate owned by the county, and give
13.33contracts or options to sell, lease, or convey it, and make orders respecting it as deemed
13.34conducive to the interests of the county's inhabitants.
14.1    (5) Make all contracts and do all other acts in relation to the property and concerns
14.2of the county necessary to the exercise of its corporate powers.
14.3    (b) No sale, lease, or conveyance of real estate owned by the county, except the lease
14.4of a residence acquired for the furtherance of an approved capital improvement project, nor
14.5any contract or option for it, shall be valid, without first advertising for bids or proposals in
14.6the official newspaper of the county for three consecutive weeks and once in a newspaper
14.7of general circulation in the area where the property is located. The notice shall state the
14.8time and place of considering the proposals, contain a legal description of any real estate,
14.9and a brief description of any personal property. Leases that do not exceed $15,000 for any
14.10one year may be negotiated and are not subject to the competitive bid procedures of this
14.11section. All proposals estimated to exceed $15,000 in any one year shall be considered at
14.12the time set for the bid opening, and the one most favorable to the county accepted, but the
14.13county board may, in the interest of the county, reject any or all proposals.
14.14    (c) Sales of personal property the value of which is estimated to be $15,000 or
14.15more shall be made only after advertising for bids or proposals in the county's official
14.16newspaper, on the county's Web site, or in a recognized industry trade journal. At the same
14.17time it posts on its Web site or publishes in a trade journal, the county must publish in the
14.18official newspaper, either as part of the minutes of a regular meeting of the county board
14.19or in a separate notice, a summary of all requests for bids or proposals that the county
14.20advertises on its Web site or in a trade journal. After publication in the official newspaper,
14.21on the Web site, or in a trade journal, bids or proposals may be solicited and accepted by
14.22the electronic selling process authorized in section 471.345, subdivision 17. Sales of
14.23personal property the value of which is estimated to be less than $15,000 may be made
14.24either on competitive bids or in the open market, in the discretion of the county board.
14.25"Web site" means a specific, addressable location provided on a server connected to the
14.26Internet and hosting World Wide Web pages and other files that are generally accessible
14.27on the Internet all or most of a day.
14.28    (d) Notwithstanding anything in this section to the contrary herein, the county
14.29may exchange parcels of real property of substantially similar or equal value without
14.30advertising for bids, subject to clause (1) or (2).
14.31, (1) whenWhen acquiring real property for county highway right-of-way, exchange
14.32parcels of real property of substantially similar or equal value without advertising for bids.
14.33The the estimated values for these parcels shall be determined by the county assessor.
14.34(2) When acquiring real property for any other purpose, the estimated values for
14.35these parcels must be determined by the county assessor or a private Minnesota licensed
14.36real estate appraiser. The private appraised value of the parcels must be substantially
15.1equal to the county assessor's estimated market value of similar land, as adjusted by the
15.2sales ratio determined by the commissioner of revenue. Before giving final approval to
15.3the exchange of land, the county board shall hold a public hearing on the exchange. At
15.4least two weeks before the hearing, the county auditor shall post a hearing notice in the
15.5auditor's office and the official newspaper of the county that contains a description of
15.6the lands affected.
15.7    (e) If real estate or personal property remains unsold after advertising for and
15.8consideration of bids or proposals the county may employ a broker to sell the property.
15.9The broker may sell the property for not less than 90 percent of its appraised market value
15.10as determined by the county. The broker's fee shall be set by agreement with the county but
15.11may not exceed ten percent of the sale price and must be paid from the proceeds of the sale.
15.12    (f) A county or its agent may rent a county-owned residence acquired for the
15.13furtherance of an approved capital improvement project subject to the conditions set
15.14by the county board and not subject to the conditions for lease otherwise provided by
15.15paragraph (a), clause (4), and paragraphs (b), (c), (d), (e), and (g).
15.16    (g) In no case shall lands be disposed of without there being reserved to the county
15.17all iron ore and other valuable minerals in and upon the lands, with right to explore for,
15.18mine and remove the iron ore and other valuable minerals, nor shall the minerals and
15.19mineral rights be disposed of, either before or after disposition of the surface rights,
15.20otherwise than by mining lease, in similar general form to that provided by section 93.20
15.21for mining leases affecting state lands. The lease shall be for a term not exceeding 50
15.22years, and be issued on a royalty basis, the royalty to be not less than 25 cents per ton of
15.232,240 pounds, and fix a minimum amount of royalty payable during each year, whether
15.24mineral is removed or not. Prospecting options for mining leases may be granted for
15.25periods not exceeding one year. The options shall require, among other things, periodical
15.26showings to the county board of the results of exploration work done.
15.27    (h) Notwithstanding anything in this subdivision to the contrary, the county may,
15.28when selling real property owned in fee simple that cannot be improved because of
15.29noncompliance with local ordinances regarding minimum area, shape, frontage, or access,
15.30proceed to sell the nonconforming parcel without advertising for bid. At the county's
15.31discretion, the real property may be restricted to sale to adjoining landowners or may be
15.32sold to any other interested party. The property shall be sold to the highest bidder, but
15.33in no case shall the property be sold for less than 90 percent of its fair market value as
15.34determined by the county assessor. All owners of land adjoining the land to be sold shall
15.35be given a written notice at least 30 days before the sale. This paragraph shall be liberally
16.1construed to encourage the sale of nonconforming real property and promote its return to
16.2the tax roles.

16.3    Sec. 15. [604.191] PERSONAL RESPONSIBILITY IN FOOD CONSUMPTION
16.4ACT.
16.5    Subdivision 1. Title. This act may be cited as the Personal Responsibility in Food
16.6Consumption Act.
16.7    Subd. 2. Definitions. (a) For purposes of this section the following terms have
16.8the meanings given.
16.9    (b) "Long-term consumption" means the cumulative effect of the consumption of
16.10food or nonalcoholic beverages, and not the effect of a single instance of consumption.
16.11    (c) "Party" means an individual, corporation, company, association, firm, partnership,
16.12society, joint stock company, or any other entity, including any governmental entity.
16.13    Subd. 3. Immunity from civil liability. A producer, grower, manufacturer, packer,
16.14distributor, carrier, holder, marketer, or seller of a food or nonalcoholic beverage intended
16.15for human consumption, or an association of one or more of such entities, must not be
16.16subject to civil liability based on any individual's or group of individuals' purchase or
16.17consumption of food or nonalcoholic beverages in cases where liability arises from weight
16.18gain, obesity, or a health condition associated with weight gain or obesity and resulting
16.19from the individual's or group of individuals' long-term purchase or consumption of a
16.20food or nonalcoholic beverage.
16.21    Subd. 4. Actions permitted. Subdivision 3 does not apply to a claim of weight
16.22gain or obesity that is based on:
16.23    (1) a material violation of an adulteration or misbranding requirement prescribed
16.24by state or federal statute, rule, or regulation and the claimed injury was proximately
16.25caused by the violation; or
16.26    (2) any other material violation of federal or state law applicable to the
16.27manufacturing, marketing, distribution, advertising, labeling, or sale of food, if the
16.28violation is knowing and willful, and the claimed injury was proximately caused by the
16.29violation.
16.30EFFECTIVE DATE.This section is effective the day following final enactment
16.31and applies to any action brought by any party on or after the effective date.

16.32    Sec. 16. REPEALER.
16.33Minnesota Statutes 2010, section 41A.09, subdivisions 1a, 2a, 3a, 4, and 10, are
16.34repealed.
17.1EFFECTIVE DATE.This section is effective June 30, 2012."
17.2Amend the title accordingly